Cities Index.
Agenda

Anderson City Council
January 20, 2026

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Agenda
Meeting
January 20, 2026
Body
Anderson City Council
Pages
4
Original file
26.2 MB
Text extracted from the city's file for reading and search. Open the original on www.ci.anderson.ca.us. That file is the official record.

CITY COUNCIL AGENDA
January 20, 2026
REGULAR SESSION - 5;30 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 l1fil on tonight's Agenda, please complete an Agenda Reguest 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.

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.
1 City Council Meeting
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1.0 ROLL CALL - COUNCIL:

REGULAR SESSION - 5:30 P.M.

Councilmember Hale
Councilmember Baugh
Councilmember Gallagher
Vice-Mayor Simmons
Mayor Gallier

2.0 INVOCATION - Planning Commissioner Ron Barnett.

3.0 PLEDGE OF ALLEGIANCE - Councilmember Susie Baugh

4.0 STUDENT REPORTS - A representative from the teen center will give an update on current activities.

4.2 PROCLAMATIONS -A Proclamation recognizing the town of Anderson Founders' Day.

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 January 6, 2026.

6.2 WARRANTS • Receive and file warrant 36415 to 36456 in the amount of $73,071.28; Receive and file warrant 36457 to 36500 in the amount of $362,532.29; Receive and file ACH in the amount of $49,833.03

6.10 PUBLIC WORKS - Adopt a resolution for temporary road closures and temporarily changing parking restrictions for various community activities throughout 2026.

END OF CONSENT CALENDAR
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6.11 ITEMS (IF ANY) REMOVED FROMTHE 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 less.

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

8.2 LOT LINE ADJUSTMENT AND TRANSFER OF A PORTION FROM THE ALLEY ADIACENT

TO CITY HALL TO MICHAEL HUBERT, AS TRUSTEE OF THE HUBERT FAMILY TRUST RECOMMENDED ACTION:

1. Receive a Staff Report;

2. Receive Public Comment;

3. Closed Session report out for City of Anderson, et al, v. Haggin, et al. that City of Anderson received a judgment quieting title to the alley adjacent to City Hall.

4. Approve lot line adjustment and transfer of a portion from the alley adjacent to City Hall to Michael Hubert, as trustee of the Hubert Family Trust

CITY MANAGER

8.3a AMEND A PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RECOMMENDED ACTION:

1. Receive a Staff Report;

2. Receive Public Comment;

3. Authorize the City Manager to add additional funds and extend the three-year agreement with Hope Seth for specialized professional community economic development and marketing consulting services.

8.3b AMENDMENT TO OPERATIONAL CONTRACT WITH HAVEN HUMANE SOCIETY FOR

ANIMAL CONTROL RELATED DUTIES
RECOMMENDED ACTION:

1. Receive a Staff Report;

2. Receive Public Comment;

3. Authorize the City Manager to amend and sign a contract amendment with Haven Humane Society to conduct animal control services for the City of Anderson.
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8.3c AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING WITH THE ANDERSON

POLICE OFFICERS ASSOCIATION (APOA)
RECOMMENDED ACTION:

1. Receive a staff report;

2. Receive public comment;

3. Adopt a Resolution approving amendments to the Memorandum of Understanding (MOU)

FINANACE DIRECTOR

8.5 AMEND BUDGET FOR NEW BUSINESS LICENSE SOFTWARE PROGRAM PURCHASE RECOMMENDED ACTION:

1. Receive a staff report;

2. Receive public comment;

3. Authorize the Finance Director to contract with Tyler Technologies for new business license software.

4. Adopt a Resolution Amending the Finance Department Budget to purchase new business licensing program.

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 Cit;y Council will convene to Closed Session.

CLOSED SESSION
C.S.1 CONFERENCE WITH LABOR NEGOTIATORS (54957,6) * Agency designated representatives: City Manager Joey Forseth-Deshais * Employee organization: APMA
C.S.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (§ 54956,9) * Name of Case: (City of Anderson v. Anderson Hospitality, LLC, Case No. 23CV0201890) C.S.3 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS(§ 54956.8) - Property: 20853 Corner Way, Anderson - Agency Negotiation: City Manager, Joey Forseth-Deshais - Negotiating Parties: City and Owner of Property
- Under Negotiation: Value of Property
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Page S
The City Council will reconvene to Ogen Session.

13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.

14.0 ADJOURN - The City Council will adjourn to Februa,:y 3. 2026. 5 PROCLAMATION
Anderson Founders' Day
February 14, 2026
WHEREAS, the town of Anderson was created in 1872 by Elias Anderson granting the Central Pacific Railroad company a right of way through his property on the American Ranch; and,
WHEREAS, the town was named after Mr. Elias Anderson; and WHEREAS, the entire area was part of pioneer Pierson B. Reading's Mexican land grant of 1844 which extended along the west bank of the Sacramento River from Cottonwood Creek on the south to Salt Creek to the north; and WHEREAS, the town was incorporated as the City of Anderson in 1956; and WHEREAS, the City's rich history and heritage are preserved and shared through the dedication of the Anderson Historical Society, whose efforts ensure that the stories, landmarks, and traditions of Anderson are remembered and passed on to future generations; and,
WHEREAS, recognizing the City's founding provides an opportunity to reflect on our past, honor those who came before us, and celebrate the progress and promise of Anderson today and into the future; and,
NOW, THEREFORE, as the Mayor of the City of Anderson, State of California, and on behalf of the Anderson City Council, I do hereby proclaim February 14th of each year as Founders' Day in the City of Anderson
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Corporate Seal of the City of Anderson
to be affixed this 20th day of January 2026.

Dan Gallier, Mayor
6 ANDERSON CITY COUNCIL MINUTES
Regular Meeting
January 6, 2026

REGULAR SESSION
The regular session was called to order at 5:30 p.m.

ROLL CALL
Councilmembers present: Councilmember Hale
Councilmember Baugh
Councilmember Gallagher
Vice•Mayor Simmons
Mayor Gallier
DRAFT
Also present: City Manager Joey Forseth•Deshais, City Attorney Collin Bogener, Police Chief Oliver Collins, Public Works Director Adam Whelen, Finance Director Cindy Wheeler and City Clerk Christy White.

INVOCATION
Ryan Wildauer, Neighborhood Church of Anderson/Cottonwood, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Dan Gallier led the Pledge of Allegiance.

PRESENTATIONS

PRESENTATION OF PLAQUE OF APPRECIATION TO OUTGOING MAYOR Public Comment - Les Baugh spoke thanking Mayor Baugh and Council for their dedication to the City of Anderson last year.

Mayor Gallier presented a plaque of appreciation to Mayor Baugh thanking her for her service as Mayor to the City of Anderson during 2025.
5:36 um The CifJ' Council recessed for ten minutes for refreshments.

5.41 pm The Ci(y Council reconvened.

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - None
ITEMil 1/20/2026
7 City Council Meeting
January 20, 2026

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CONSENT AGENDA
By motion made, second (Hale/Baugh) and carried by a 5-0 vote, Council took the following action.

Approved the minutes of the regular meeting of December 16, 2026. _ Received and filed warrant 36233 to 36295 in the amount of $117,602.99; Received and filed warrant 36296 to 36350 in the amount of $126,623.02; Received and filed warrant 36351 to 36414 in the amount of $430,705.20; Received and filed ACH in the amount of $52,791.02; Received and filed ACH in the amount of $130,444.75 Adopted Ordinance No 865 Amending Chapter 8.65 to the Anderson Municipal Code regulating solid waste, recycling and organic waste, as introduced on December 16, 2025.

Adopted Resolution no 26-01 establishing regular City Council meeting dates for the year 2026.
~: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hale, Baugh, Gallagher, Simmons and Mayor Gallier.

None.

None.

None.

Request to pull 6.6 Finance Director - Adopt a Resolution Amending Reserve Policy.

6.6 FINANCE DIRECTOR - Adopt a Resolution Amending Reserve Policy.

Jill Bennett had questions in regards to the reserve policy. Council directed City Manager Joey Forseth-Deshais to contact Ms. Bennett and answer any questions she has.

By motion made, seconded (Baugh/Hale) and carried by a 5-0 vote Council adopted Resolution 26-02 amending the reserve policy.

Vote: AYES: Councilmembers Baugh, Hale, Gallagher, Simmons and Mayor Gallier.

NOES: None.

ABSTAIN: None.

ABSENT: None.

REGULAR AGENDA

CITY COUNCIL

REVIEW OF MAYOR'S CITY SELECTION COMMITTEE APPOINTMENTS Mayor Gallier opened the staff report for discussion on the Mayor selections committee appointments.
8 City Council Meeting
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The following selections were made to remain the same as the previous year:

Airport Land Use Commission - Councilmember Hale (Alternate Gallagher) Local Agency Formation Commission - Mayor Baugh
Shasta Regional Transportation Agency - Mayor Gallagher (Alternate Gallier)

COMMISSION / COMMITTEE APPOINTMENTS
Mayor Gallier opened the staff report and discussion for committee selections. The following appointments were made to remain the same as the previous year:

Redding Area Bus Authority (RABA) - Councilmember Simmons (Alternate Gallagher) Enterprise Anderson Groundwater Sustainability Agency (EAGSA)-Councilmember Hale (Alternate Gallier)
City Liaison/Voting Delegate to the League of California Cities - Councilmember Gallier Anderson Community Economic Development (ACED) - Councilmember Gallier Healthy Shasta Partner Leadership Team -Councilmember Simmons Redding Area Water Council-Policy Advisory Committee (RAWC-PAC)-Councilmember Baugh Shasta County Community Action Board (CAB) - Mayor Baugh Youth Options Board of Directors - Councilmember Hale
By motion made, seconded (Gallagher/Simmons) and carried by a 5-0 vote Council voted to approve the above appointments.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Gallagher, Simmons, Hale, Baugh and Mayor Gallier.

None.

None.

None.

CITY MANAGER

CALIFORNIA CONSERVATION CORPS- GREENHOUSE GAS REDUCTION FUNDS GRANT City Manager Joey Forseth-Deshais gave a staff report and answered questions from Council.

By motion made, seconded (Hale/Baugh), and carried by a 5-0 vote, the Council voted to authorize the City Manager to sign an agreement with the California Conservation Corps to provide up to 30 acres of grant funded fuel reduction activities on various City-owned property.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hale, Baugh, Gallagher, Simmons and Mayor Gallier.

None.

None.

None.
9 City Council Meeting
January 20, 2026

Page 4 of 4 ends

PUBLIC WORKS

PROFESSIONAL SERVICES AGREEMENT WITH MISSION LINEN SUPPLY TO PROVIDE

UNIFORM RENTAL AND LAUNDERING SERVICES AND JANITORIAL SUPPLIES FOR THE

CITY OF ANDERSON
Public Works Director Adam Whelen gave a staff report and answered questions from Council.

By motion made, seconded (Gallagher/Simmons), and carried by a 5-0 vote, the Council voted to authorize the City Manager to sign an agreement with Mission Linen to provide uniform rental and laundering services and janitorial supplies for the City of Anderson. ~: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Gallagher, Simmons, Hale, Baugh and Mayor Gallier.

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: 12 p.m.: The City Council convened to Closed Session.

CLOSED SESSION
7:05 p.m.: The CiO, Council reconvened to O,uen Session.

C.S.1 PUBLIC EMPLOYEE PERFORMANCE EVALUTION - (Gov't. Code Section 54957) Title: City Manager

CLOSED SESSION ANNOUNCEMENT
Mayor Gallier announced that the Council sat in Closed Session with no reportable action.

ADJOURNMENT
7:05 p,m,: The City Council adjourned to January 20. 2026.

Dan Gallier, Mayor
ATTEST:

Christy White, City Clerk
10 AGENDA ITEM
!January 20, 2026 City Council Meeting
anager
Ci
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: January 20, 2026
lsuBJECT
Receive and File Weekly Warrant Registers.

I RECOMMENDATION
Receive and file warrant 36415 to 36456 in the amount of $73,071.28; Receive and file warrant 36457 to 36500 in the amount of $362,532.29; Receive and file ACH in the amount of $49,833.03

I ATTACHMENT
Warrant Registers.

ITEM 6.2 PAGE1 1/20/2026
11 CHECK REGISTER

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
000083 ACE HARDWARE
SUPPLIES-JOB#4 1/2/2026 036415 2,005.90
000543 ARDENT SECURITY
PROFESSIONAL SERVICES 1/2/2026 036416 1,318.78
01 1776 AXON ENTERPRISES, INC.

MEMBERSHIP FEES 1/2/2026 036417 555.75
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 1/2/2026 036418 575.00
001536 BULLERT INDUSTRIAL ELEC, INC.

PROFESSIONAL SERVICES 1/2/2026 036419 6,365.18
I
001754 CALIFORNIA VISION SERVICE
INSURANCE PREMIUM 1/2/2026 036420 68.25
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 1/2/2026 036421 171.52
002176 CIVICPLUS, LLC
MUNICODE AOMIN SUPPORT FEE 1/2/2026 036422 1,416.71
012565 CLOSE LUMBER
SUPPLIES 1/2/2026 036423 1,200.00
012237 OLIVER COLLINS
PER DIEM-TRAINING 1/2/2026 036424 403.00
003618 FERGUSON WATERWORKS #1423
SUPPLIES 1/2/2026 036425 493.36
003670 TYLER FINCH
PER DIEM-TRAINING 1/2/2026 036426 403.00
003744 NASH FOLDEN
PER DIEM-TRAINING 1/2/2026 036427 299.00

Page 1 ends

12 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
008380 FREIGHTUNER NORTHWEST
PROFESSIONAL SVCS & PARTS 1/2/2026 036428 2,874.47
012564 FRESNO VALVES & CASTINGS INC
SUPPLIES 1/2/2026 036429 3,251.46
004028 GAYNOR TELESYSTEMS, INC.

SUBSCRIPTION 1/2/2026 036430 18.06
004096 GILES LOCK & SECURITY SYSTEMS,
SUPPLIES 1/2/2026 036431 61.07
011857 JOSEPH GRADY
PER DIEM-TRAINING 1/2/2026 036432 471.00
004248 GRAINGER
SUPPLIES 1/2/2026 I 036433 4,636.49
004623 ERIC HAYNES
PER DIEM-TRAINING 1/2/2026 036434 299.00
004823 HINDERLITER DE LLAMAS & ASSOC
CONTRACT SVCS-TRAN TAX Q2/25 1/2/2026 036435 1,698.66
005096 INDEPENDENT BUSINESS FORM
PROFESSIONAL SERVICES 1/2/2026 036436 580.63
005262 JMB OIL COMPANY
SUPPLIES 1/2/2026 036437 227.84
005445 K & S STAFFING SOLUTIONS, INC.

PROFESSIONAL SERVICES 1/2/2026 036438 549.97
012563 AUSTIN LOBSINGER
UNIFORM ALLOWANCE 1/2/2026 036439 900.00
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 1/2/2026 036440 723.93
006497 JESSE MAYFIELD
PER DIEM-TRAINING 1/2/2026 036441 403.00
Page2
13 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 1/2/2026 036442 68.38
007394 NORTHERN CALIF. GLOVES
SUPPLIES 1/2/2026 036443 192.89
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 1/2/2026 036444 5,166.87
007618 PACE SUPPLY CORP.

SUPPLIES 1/2/2026 036445 123.99
007657 PAINT MART
SUPPLIES 1/2/2026 036446 37.92
008181 QUADIENT FINANCE USA. INC.

METERED POSTAGE 1/2/2026 036447 2,539.00
008182 QUADIENT LEASING, INC.

QUARTERLY LEASE 1/2/2026 036448 2,591.91
012143 R3 CONSULTING GROUP INC.

PROFESSIONAL SERVICES 1/2/2026 036449 4,998.75
008372 REDDING CRANE SERVICE
PROFESSIONAL SVCS & PARTS 1/2/2026 036450 1,237.50
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 1/2/2026 036451 5,194.11
010180 SUNBELT RENTALS, INC.

EQUIPMENT RENTAL 1/2/2026 036452 1,985.00
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 1/2/2026 036453 12,744.28
010756 USA BLUEBOOK
SUPPLIES 1/2/2026 036454 433.66
010874 VERIZON WIRELESS
PHONE CHARGES 1/2/2026 036455 3,666.92
Page3
14 NAME

VENDOR DESCRIPTION
011064 WM CORPORATE SERVICES, INC

DUMP FEES
Page4
CHECK
DATE
1/2/2026
CHECK
NUMBER
036456
CHECK
AMOUNT
119.07
73,071.28
~ Date
15 CHECK REGISTER

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 1/9/2026 036457 1,529.00
011765 AGILE OCCUPATIONAL MEDICINE, P
PROFESSIONAL SERVICES 1/9/2026 036458 255.00
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 P/E 1/2/26 1/9/2026 036459 639.21
000406 ANDERSON FIRE PROTECTION DIST.

INSPECTION/IMPACT FEES 1/9/2026 036460 5,883.37
000684 B & P FENCING, INC.

PROFESSIONAL SERVICES 1/9/2026 036461 9,812.00
001750 CALIFORNIA SAFETY CO.

PROFESSIONAL SERVICES 1/9/2026 036462 1,810.00
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 1/9/2026 036463 314.61
001971 CDW GOVERNMENT, INC.

SUBSCRIPTION 1/9/2026 036464 1,737.54
002167 CITY OF REDDING
UTILITIES 1/9/2026 036465 428.21
012237 OLIVER COLLINS
CELL PHONE REIMBURSEMENT 1/9/2026 036466 75.00
002716 CWEA
MEMBERSHIP-KAVERT 1/9/2026 036467 251.00
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATIONS 1/9/2026 036468 569.00
011976 JOEY FORSETH-OESHAIS
CELL PHONE REIMBURSEMENT 1/9/2026 036469 75.00

Page 1 ends

16 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
011883 ADAM FROEBER
CELL PHONE REIMBURSEMENT 1/9/2026 036470 75.00
004028 GAYNOR TELESYSTEMS, INC.

SUBSCRIPTION 1/9/2026 036471 18.06
012566 ANGELES CUELLAR HERNANDEZ
CLEANING DEPOSIT REFUND 1/9/2026 036472 350.00
009321 HOPE SETH CONSULTING
PROFESSIONAL SERVICES 1/9/2026 036473 1,860.00
005076 IBM CORPORATION
PROFESSIONAL SERVICES 1/9/2026 036474 99.00
005401 NICHOLAS JONES
CELL PHONE REIMBURSEMENT 1/9/2026 036475 75.00
005445 K & S STAFFING SOLUTIONS, INC.

PROFESSIONAL SERVICES 1/9/2026 036476 997.62
005970 LEE'S HONDA-KAWASAKI
PARTS 1/9/2026 036477 450.69
006166 LOWE'S
SUPPLIES 1/9/2026 036478 115.54
006804 MID VALLEY PROVIDERS
CLEANING DEPOSIT REFUND 1/9/2026 036479 500.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 1/2/26 1/9/2026 036480 4,015.00
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-JAN 26 1/9/2026 036481 1,522.25
007617 PACE ENGINEERING, INC.

PROFESSIONAL SERVICES 1/9/2026 036482 47,766.00
012245 POINT & PAY LLC
PROFESSIONAL SERVICES 1/9/2026 036483 10.00
Page2
17 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
008049 POWER UP ELECTRIC
PROFESSIONAL SERVICES 1/9/2026 036484 2,950.00
012414 PRIMO BRANDS
DRINKING WATER 1/9/2026 036485 226.55
008126 PROF ORCE LAW ENFORCEMENT
EQUIPMENT 1/9/2026 036486 20,506.98
008661 RIVER CITY COMPLIANCE
PROFESSIONAL SERVICES 1/9/2026 036487 150.00
009045 SAFEGUARD FIRE PROTECTION
PROFESSIONAL SERVICES 1/9/2026 036488 1,170.81
009365 SHASCOM
DISPATCH & CAD SERVICES 1/9/2026 036489 214,367.75
012311 BONNIE SIMMONS
HEALTH INS. REIMBURSEMENT 1/9/2026 036490 345.50
010237 SWRCB/DWOCP
CERT RENEWAL-NORTON 1/9/2026 036491 60.00
010367 THATCHER COMPANY, INC.

SUPPLIES 1/9/2026 036492 16,396.60
011972 THE PUN GROUP, LLP
PROFESSIONAL SERVICES 1/9/2026 036493 23,000.00
012410 MARJORIE TRUMAN
CELL PHONE REIMBURSEMENT 1/9/2026 036494 75.00
010918 VIRTUAL PROJECT MANAGER
PROFESSIONAL SERVICES 1/9/2026 036495 1,250.00
011245 CINDY WHEELER
CELL PHONE REIMBURSEMENT 1/9/2026 036496 75.00
011858 ADAM WHELEN
CELL PHONE REIMBURSEMENT 1/9/2026 036497 75.00
Page3
18 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
011260 CHRISTY WHITE
CELL PHONE REIMBURSEMENT 1/9/2026 036498 75.00
011305 PETER WICKENHEISER
CELL PHONE REIMBURSEMENT 1/9/2026 036499 75.00
011517 MARILYN J. WOOLEY, PH.D.

PROFESSIONAL SERVICES 1/9/2026 036500 500.00
01/09/26 ACH PERS $49,833.03 362,532.29
FOR PAYROLL ENDING 12/19/25
h'L J/m_(,,
!~ature Date
Page4
19 AGENDA ITEM
ianuary 20, 2026, City Council Meeting!
Adam Whelen, Public Works Director
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: January 20, 2026
!SUBJECT
Consider adopting a resolution for temporary road closures and temporarily changing parking restrictions for various community activities throughout 2026.

I RECOMMENDATION
Staff recommends that the City Council:

Consider the approval of a resolution for City Road closures linked to various activities connected to this year's City events.

I FISCAL IMPACT
Fiscal impact is limited to staff time required to set up road closure signs and barricades.

I DISCUSSION and BACKGROUND
Shasta District Fairgrounds
Annually the City receives a request from Mrs. Melanie Silva, CEO of the Shasta District Fairgrounds, that the City Council allow changes in the parking restrictions in the vicinity of the Shasta District Fairgrounds during the Sierra Cascade Logging Conference February 5- 7, 2026, Nor-Cal Boat, Sport, and RV Show February 27 through March 1, 2026, the Shasta ITEM 6.10 PAGE1 1/20/2026
20 District Fair June 17 through June 21, 2026 and Anderson Explodes July 3, 2026. Changes to the restrictions include the temporary installation of a "No Parking" zone along the south side of Briggs Street between West Center Street and Church Street, and along First Street between Church Street and Fairgrounds Drive, and a temporary "Loading Zone" along the east side of Fairgrounds Drive during the Shasta District Fair.

Christmas In Anderson Parade
Activities associated with Christmas in Anderson's Parade and Ice Skating require city streets to be closed to the public during the timeframes listed below:

Section Street Segment Closure Time Reopen Time
A E. Center St - North St. to Sat. Nov 28 at Mon. Nov 30 at South St 8:00 am 8:00am
B Ferry St - E. Center St. to Sat. Nov 28 at Thu. Jan 14 at Freeman St 8:00 am 5:00 pm
C Freeman St. -North St. to Sat. Nov 28 at Sun. Nov 29 at South St. 3:00 pm 8:00 pm
Ferry St - Freeman St. to
Martha St.

I ATTACHMENTS

1. Resolution

2. Closure Maps
ITEM 6.10 PAGE2 1/20/2026
21 RESOLUTION NO. 26-

AUTHORIZING ANNUAL ROAD CLOSURES FOR VARIOUS CITY OF ANDERSON

ACTIVITIES
WHEREAS, the annual Christmas in Anderson parade held in the City of Anderson is an event which constitutes a public purpose; and
WHEREAS, the Annual Christmas in Anderson festivities will require the temporary closure of sections of E. Center St., Ferry St., Freeman St., North St., and South St. for specific times as described below;
Street Se2ment Closure Time Reopen Time
E. Center St - North St. to South St Sat. Nov 28 at 8:00 am Mon. Nov 30 at 8:00 am Ferry St - E. Center St. to Freeman St Sat. Nov 28 at 8:00 am Thu. Jan 14 at 5:00 pm Freeman St. -North St. to South St. Sat. Nov 28 at 3:00 pm Sun. Nov 29 at 8:00 pm Ferry St - Freeman St. to Martha St.

WHEREAS, Section 21101.4 of the California Vehicle Code authorizes the City to adopt rules and regulations for temporarily closing to through traffic a highway under its jurisdiction.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anderson that permission to close off the above listed streets as designated, be requested of the Department of Public Works.

BE IT FURTHER RESOLVED that this closure is for the public purpose of holding the annual Christmas in Anderson Parade and Ice Skating Activities.

BE IT FURTHER RESOLVED, that such signs, flags, barricades, etc., shall be used by the City of Anderson as may be approved by the California State Vehicle Code. These items shall be provided by the City of Anderson.

BE IT FURTHER RESOLVED, that the closure and detour shall be marked according to the California Vehicle Code on Uniform Traffic Control Devices.

BE IT FURTHER RESOLVED, that the City of Anderson staff is hereby authorized to conduct the parade pursuant to the conditions hereof, and the approval of the City's Council.

BE IT FURTHER RESOLVED, the City Council of the City of Anderson hereby establishes a temporary "No Parking" Zone as provided in Section 10.32.010 of Anderson Municipal Code during the Sierra Cascade Logging Conference February 5- 7, 2026, Nor-Cal Boat, Sport, and RV Show February 27-March 1, 2026, the Shasta District Fair June 17-21, 2026, and Anderson Explodes July 3, 2026 at the following locations:
22 1. South side of Briggs Street from West Center Street to Church Street.

2. South side of First Street between Church Street and Fairgrounds Drive.

3. Fairgrounds Drive
And a temporary "Loading Zone" during the Shasta District Fair 50 feet south of and extending 90 feet north of Gate 3 on Fairgrounds Drive.

PASSED AND ADOPTED by the City Council of the City of Anderson this 20th day of January, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Dan Gallier, Mayor
ATTEST:

Christy White, City Clerk
23 Section A: Closed 11/28 at 8:00am to 11/30 at 8:00am Section B: Closed 11/28 at 8:00am to 01/14 at 5:00pm
Section C: Closed 11/28 at 3:00pm to 11/29 at 8:00pm
24 / V
LEGEND
~ TEMPORARY "NO PARKING" ZONE
■ TEMPORARY "LOADING ZONE"

FAIRGROUNDS

TEMPORARY PARKING

RESTRICTION EXHIBIT
25 AGENDA ITEM
January 20, 2026, City Council Meeting
for Submittal By:
ented By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Collin Bogener, City Attorney
Date: January 20, 2026

I SUBJECT
Lot line adjustment and transfer of a portion from the alley adjacent to City Hall to Michael Hubert, as trustee of the Hubert Family Trust

I RECOMMENDATION

1. Receive a Staff Report;

2. Receive Public Comment;

3. Closed Session report out for City of Anderson, et al, v. Haggin, et al. that City of Anderson received a judgment quieting title to the alley adjacent to City Hall.

4. Approve lot line adjustment and transfer of a portion from the alley adjacent to City Hall to Michael Hubert, as trustee of the Hubert Family Trust
!FISCAL IMPACT
The city has determined that the costs are nominal, as Mr. Hubert bore the costs associated with the quiet title transfer and lot line adjustment.

I DISCUSSION and BACKGROUND
Prior to 2024, the City of Anderson believed that it owned the alley directly adjacent to City Hall, between City Hall and the Anderson Fire Protection District/Mike's Auto Body. A title report obtained in 2024 established that the true owner of the alley was James Haggin, who ITEM 8.2 PAGE1 1/20/2026
26 had taken title to the property in the late 1800s. Based on this discovery, the City of Anderson, the Anderson Fire Protection District and Michael Hubert, as trustee of the Hubert Family Trust (owner of Mike's Auto Body) filed a quiet title lawsuit in Shasta County to establish ownership of the alley. This was authorized by the City Council in closed session.

On September 8, 2025, the City Attorney appeared in front of Judge Hanna, along with legal counsel for Mr. Hubert, and obtained a default judgment for the alley. The result of the judgment is that the City owns half of the alley directly adjacent to its property line, and the other half is now owner by the Anderson Fire Protection District and Mr. Hubert.

A small portion of the structure from Mike's Auto Body encroaches onto the City of Anderson half of the alley. Mr. Hubert has offered to pay all costs associated with a lot line adjustment in exchange for the City transferring the encroaching portion to Mr. Hubert.

While the City Council has approved this request in closed session, finding the resolution to be in the public interest, Government Code section 54957.1 requires a report out to occur in open session, and a vote is needed for the transfer.

I ATTACHMENT

1. Judgment

2. PACE Survey of Encroachment
ITEM 8.2 PAGE2 1/20/2026
27 t
1 JEFFERY J. SWANSON (#155118)

SWANSON-LAW OFFICE
2 2515 Park Marina Drive, Suite 102
Redding, California 96001
3 Telephone: (530) 225-8773
Facsmrlle: (530) 232-2772
,,,.....,_
I ; .. ...,.
4 Attorneys for Michael C. Hubert, Sr. and Judith A. Hubert 5 .FILED
SEP 08 2025 ~

SHASTA COUNTY SUPERIOR COURT
BY: M. GREINER, DEPUTY CLERK COLLIN M. BOGBNER (#272S60) 6 MOORE & BOGENER, INC.
1600 West Street
7 Redding, California 96001
Telephone: (530) 605-0355
8 Facsunile: (530) 605-3693
9 Attorneys for: City of And.erson and Anderson Fire Protection District City of Anderson;

SUPERIOR COURT OF CALIFORNIA

IN AND FOR TIIE COUNTY OF SHASTA
Case No. 206676
Anderson Fire Protection District;
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28 Michael C. Hubert, Sr. and Judith A. Hubert, as
trustees or successor trustees of The Hubert
Family Trust u/a dated February 14, 2007,
COURT JUDGMENf AFTER HEARING
(CCP §764.010)
Plaintiffs,
vs.

The heirs and devisees of Jam.es B. Haggin;
All persons unknown, claiming any legal or
equitable right, title, estate, lien or interest in the property described in this Complaint adverse to
Plaintiffs' title, or any cloud on Plaintiffs' title
thereto; and
Does 1 through 100, inclusive,
Defendants.
-1-
COURT JU00MENT AFTER HEARJNO
Hearing Date: Sept. 8, 2025
Time: 10:00 a.m.

Dept.: 64
Rece
SEP 03 ~
su%m1<0F -ni0RCO
'
28 1 TO ALL PARTIES AND THEIR.ATTORNEYS OF RECORD:
2 This matt.er came regularly on for hearing before the Honorable 3 --g._ 'l•""''" L • -\tz..,,.N.. . on September 8, 2024, at 10:00 a.m. in Department 64 of the 4 above-entitled court. Collin M. Bogener of Moore & Bogener appeared on behalf of plaintiffs 5 City of Anderson and the Anderson Fire Protection District. Peter Wickenheiser was present in 6 court on behalf of the City of Anderson and Steve Lowe was present in court on behalf of the 7 Anderson Fire Protection District. Jeffery J. Swanson of the Swanson Law Office appeared on 8 behalf of plaintiff Michael C. Hubert, Sr. and Judith A. Hubert, as trustees or successor trustees 9 of The Hubert Family Trust u/a dated February 14, 2007; Michael C. Hubert was present in 10 court. There was no appearance on behalf of the defendant heirs and devisees of James B. 11 Haggin.
12 The Court having heard and considered the evidence presented by plaintiffs pursuant-to 13 Code of Civil Procedure section 764.010, found as follows; 14 15
16 17
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28 1. Plaintiffs Verified Complaint to Quiet Title was on December 20, 2024.

2. Plaintiffs named and served as Doe Defendants three persons identified to be the heirs of James B. Haggin, to wit
a. Margaret Gay Haggin Vanmeter as Doe 1;
b. Louis L. Haggin, IV as Doe 2;
c. James-Ben Ali Haggin as Doe 3.

3. Plaintiffs also served by publication the heirs and devisees of James B. Haggin and all persons unknown, claiming any legal or equitable right, title, estate, lien or interests in the property described in the Complaint. No persons responded to the service by publication.

4. Plaintiffs obtained the default of Margaret Gay Haggin Vanmeter, Louis L. Haggin IV, and James Ben Ali Haggin on or about June 16, 2024

5. Plaintiffs obtained the default of the heirs and devisees of James B. Haggin on or about July 15, 2024.

6. Plaintiffs dismissed Does 4 through 100, inclusive, on or about September 3, 2025. -2-
COURT ruDOMENT AFTER HEARING
29 1 Pursuant to Code of Civil Procedure §764.010, the Court proceeded to hearing on the Verified 2 Complaint to Quiet Title against Marg~ Oay Haggin Vanmeter, Louis L. Haggin IV, and 3 James Ben Ali Haggin.
4 NOW, THEREFORE, IT IS ORDERED ADJUDGED AND DECREED that:
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1. The Court finds sufficient evidence has been provided to establish that:
a. Plaintiff City of Anderson ("City'') owns certain real property located in the City of Anderson, described as: Lots 8, 9, 10, 11, 12, 13 and 14 in Block 12, as shown on the Map of Town of Anderson, filed in the Office of the County Recoxder May 20, 1889 in Book of Old Plats at Page 43-A, Shasta County Records (the "Plat Map"), each identified as Shasta C~unty Assessor Parcel Number ("APN') 202-030-041, 202-030-042, 202-030-043, 202-030-044. and 202-030-045 (hereafter, "City Property").
b. Plaintiff Anderson Fire Protection District (" AFPD") owns certain real property located in the City of Anderson, County of Shasta, State of California, more particularly described as: Lots 1, 2 and 3 in Block 12, as shown on the Plat Map and identified as APN 202-030-038 (hereinafter "AFPD Property.") c. Plaintiffs, Michael C. Hubert, Sr. and Judith A. Hubert, as trustees or successor trustees of The Hubert Family Trust u/a dated February 14, 2007 (hereafter "Hubert''), own certain real property located in the City of Anderson, County of Shasta, State of California, more particularly described as: Lots 4, 5, 6 and 7 in Block 12, as shown on the Plat Map and identified as APN 202-030-039 and 202- 030-040 (hereafter, "Hubert Property").

2. By operation of law, including Civil Code sections 831 and 1112, the City owns to the centerline of the 20-foot wide alleyway that runs between Howard Street and South Street in Anderson, California, adjacent to the City Property, and title to same is hereby quieted in the City.

3. The legal description for the City Property shall be as set forth on Exhibit A-1 and as depicted on Exhibit B-1, attached hereto and incorporated herein by reference. -3-
COURT JUOOMENT AFI'ER. HEARING
30 1
2 3
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16 4. By operation of law, including Civil Code sections 831 and 1112, the AFPD owns to the centerline of the 20-foot wide alleyway that runs between Howard Street and South Street in Anderson, California, adjacent to the AFPD Property, and title to same is hereby quieted in the AFPD.

S. The legal description for the AFPD Property shall be as set forth on Exhibit A-2 and as depicted on Exhibit B-2, attached hereto and incorporated herein by reference.

6. By operation oflaw, including Civil Code sections 831 and 1112, Hubert owns to the centerline of the 20-foot wide alleyway that runs between Howard Street and South S~t in Anderson, California, adjacent to the Hubert Property, and title to same is hereby quieted in Hubert.

7. The legal description for the Hubert Property shall be as set forth on Exhibit A-3 and as depicted on Exhibit B-3, attached hereto and incorporated herein by reference. •

8. Defendants Margaret Gay Haggin Vanmeter, Louis L. Haggin IV, James ~en Ali Haggin, and the heirs and devisees of James B. Haggin have no right, title or interest in the alleyway adjacent to the City Property, the AFPD Property, and/or the Hubert Property. <..
17 Dated:5~~ 8 1-y;i,S ? L/~
suhuoR COURT JUDGE
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28 COURT JUOOMENT AFJ'ER HEARJNO
-4-
31 City of Anderson
EXHl1$1T A-1
September 3, 2025
0027.71.215
The lands described herein ate sltuafed tn the.City of Anderson, County of Shasfa, State of California, described as follows:

Lots 8 through 14, lncluslve, in Block 12 c:!S shown on the Map of Anc;lers9n; flied In the office of the County Recorder on May 20, 1889, In Book of Old Plats, at Page 43-A, Shasta County , Records.

TOGETHER WITH the adjoining southwesterly 1().00 feet of that certain ?O-foot-wlde alley In Block 12, located between Howard Street and South Street, as ~hown on the Map of the Town of Anderson; filed In the Office ·of the County Reco·rder on May.20, l:889, In the Book of Old Plats, at Page 43-A. Shasta County-Records. • "
End of Description.

Surveyor's Note:

The above description makes no representation regarding t~e number ·of legal parcels under the Subdivision Map Act or local ordinances. It Is not inte,:,ded to inerge anj,_pqrcels.

EXHIBIT "B-ln attached and by this reference n:ia~e a pafl h~reof.

SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record.

This description was prepared by mE!: /3/25
. .

Jesse J. Lenaker, L.S. 8515 •

Page 1 ends

32 F r·•, 1-- 7 I _,/ . '
., ,_ ·.._,) ,
., HOWARD STREET
. - • -. . - S41"58'00'W 1-40.00' -. ·- 130.00' -· \ tu ~ w ~' Cl::
...,o In
~ ----------- C)
. =>
ANDERSON .FIRE ~"' I 0
PROTECTION DISTRICT ...,o a
tti APN 202-030-038
w
ti; °'----------- °' 10'
w a ::'.i
20'.ALLEY (O~ -43AI V)
~'?, ~ ...,o
I
cP~~-'1- '"' a i ~'\;;~, ~~ ~
o· ...,o
-----------
• . HUBERT ~~
APN 202--030-039 ...,o i
-----------
~b
8 g
.....,o
HUBERT ~'\ 8
APN 202-030-040 ...,o g
.- 130.00' -!
"!41~58'00''E 1 -· /3/25 . SOUTH STREET
0 • . SQ 100 LEGEND
1 IN =-50 FT
~ SUBJECT.PARCEL
DATE
•r!ff= FIGURE 1
9/3/2025 EXHIBIT B 1
JOB #0027 .. 71.215
L . _J
33 Anderson Fire Protection District
EXHIBIT A-2
. . .

September 3, 2025
0027. 71.215
The lands described herein are situated In the City of Anderson, County of Shasta, State of California, descrf bed as follows: • '
Lots 1 through 3, Inclusive, In Block 12 as shown on the Map of Anderson, flied In the office of the County Recorder on May 20, 1889, In Book of Old Plats, at Page 43-A, Shasta County 1 Records.

TOGETHER WITH the adjoining portions .of the northeasterly 10.00 feet of that certain 20-footwfde alley in Block 12, located between Howarcf Street and South Street, as shown on the Map of the Town of Anderson, flied in the Office of the County Recorder on May 20, 1889, in the Book of Old Plats, at Page 43-A, Shasta County Records.

End of Description.

Surveyor's Note:

The above description makes no representation regarding the number of legal parcels under the Subdivision Map Act or local ordlr,ances. It Is not lntendeq to merge any parcels.

EXHIBIT "B-2'' attached and by this reference made a part hereof.

SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record.

This description was prepared by me:
i/3/25
Jesse J. Lenaker, LS. 8515
Pagelofl
34 I' 0 0 7
,, .
. ... . HOWARD STREET
S4 I 0 58'00'W I -40.00' -. .- -. 130.00' -· tu
w
..._). °' t; o.c..
~ 'J
--- -------- c.,
::::,
a ,'?> 0
CITY OF ANDERSON i' a
ij O' tu 'J APN 202-030-045 N O 30·
w °' t; ----------- °' w a 10'.
~ ·!),
ci5 ~ ~' ...,o
a a
i •. ,'\. ~
I ~ ,, CITY OF ANDERSON ~(J~~ .. i ~ O' APN 202-()30-044 ~~ I 'v \,~ ~- o: ....,o
--- -------- z
a ,~ CITY OF ANDERSON HUBERT ~ ':J Sl o'\ APN 202-030-043 . APN 202-030-039 • ....,o ~ 'v -----------
a
~ ~°' CITY
APN
Of.
202-030-042

ANDERSON
•
"'o ~ o" "o v
a ~'b . ~" ~ CITY OF ANDERSON • HUBERT
s ...,o APN 202-030-041 APN 202-030-040 '9
\. .- 130.00' -. ~l-.- 130.0Q' -. J ._ N41 °58'00"E 140.00' N4 1 °58'00''E 1-1 - · /3/25 SOUTH STREET .
0 50 100 . LEGEND·
1 IN=50 FT
~ ,SUBJECT PARCEL
DATE
•t!~!f FIGURE 1
9/3/2025 EXHIBff B2
JOB. #0027 .71 .215
L
35 _J
... Hubert Family Trust
. EXHIBIT A-3
September 3, 202S
0027. 71.215
The lands described herein are situated In the City of Anderson, County of Shasta, State of California, described as follows:
lots 4 through 7, Inclusive, In Block 12 as shown on the Map of Anderson, filed In the office of the County Recoi:der on May 20, 1889, In ~ook of Old Plats, at Page 43-A, Shasta Courity Records.

TOGETHER WITH the adjoining portions-of the northeasterly 10.00 feet of that certain 20-foot- . . wide alley In Block 12, located between Howard Str:eet and South Street, as shown on the Map of the Town of Anderson, flied In the Office of the County Recorder on May 20, 1889, In the Book of Old Plats, at Page 43-A, Shasta County Records.

End of Description.

Surveyor's Note:

The above description makes no repr,esentatlon regarding the number of legal parcels under the Subdivision Map Act or local ordinances. It is not Intended to merge a~y P_QTC'!fs . . EXHIBIT "B-3" attached and by this reference made a part hereof.

SUBJECT TO all Covenants, Rights, R~gh~~of-Way, and ·Easements of Record.

This description was prepared by me:" 9/3/25
Jesse J. Lenaker, LS. 8515
Page1of1
36 L
· o
a
51 a
5!
a
§I a i 5!
~ ...
~
g
8 ~
.\. .-
·-
50 0

HOWARD STREET
S41 °58'00'W 140.00'
-· -:r·-·- S41°58'0Q'W 140.00'

1.30.00' 130.00'
I
,~ ~'
I . o"' ._,o
v
----------- I --- .-------
,~ CfTY OF ANDERSON
v o"' APN 202-030-045
-----------
0~
v
,'l-
,,
O' v
~q
._,o
~Co
._,o
10'
CfTY OF ANDERSON I
APN 202-030-0«

CITY OF ANDERSON
APN 202-030-043
CITY Of ANDERSON
APN 202-030-042
CfTY OF. ANDERSON
APN 202-030-041
130.00' -.

N41 •S8'00"E 1-40.00'
I ANDERSON FIRE ~'),
I ~ROTECTION DISTRICT ._,o
t
APN 202-030-038
-----------
10'
Z1 Al.LEY (O.P. -43AI

SOUTH STREET
100 • • LEGEND . .
__ ---- 12<½3 s·uaJECTPARCEL
llN=SOFT
DATE ~PACE . .

EXHIBIT B3
FIGURE 1
-.
- \ uj
w
a
ij Cl)
~
~ C)
:::,
ij 0
0 51
9/3/202S ~ l!NGINEl!RJNG JOB #0027.71.215
7 37 . '_I
•
,qt,
"'
1 2
3 4
s
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
.22
23 24
25 26
27 28
,,--.... I • '. _ _)
City of Anderson, et aL v. The Hein and Devisees of James B. Haggin, et aL Shasta County Superior Court Case No: MCV-0206676

PROOF OF SERVICE
I am a cimn of the United States, employed in the City of Redding, California. My business address is 2S 1 S Park Marina Drive, Suite I 02, Redding, CA 9600 l. I am over the age of 18 years and not a party to the within action. On today's date, I caused to be served the following:

COURT JUDGMENT AFl'ERHEARING (CCP §764.010)
XX I am readily familiar with the firm's practice of collection and processing correspondence for mailing in the ordinary course of business. Under this practice, correspondence is collected, sealed, postage thereon fully prepaid, and deposited the same day with the U. S. Postal Service.

XX I caused the above document to be served by placing it in a sealed envelope in the designated area for outgoing mail, to the following party at the address shown below.

James Ben Ali Haggin
315 Holiday Road
Lexington, KY 40S02
Louis L. Haggin IV
1711 Bon Air Drive
Lexington, KY 40S02
Margaret Gay Haggin Vanmeter
310 Holiday Road
Lexington, KY 40502
Defendant
Defendant
'Defendant
XX (Via Email [CRC § 2.251/CCP § l 0 10.6]) I caused each such document to be sent by electronic mail to the addressees at the email addresses listed below.

Collin M. Bogener
MOORE & BOGENER, INC.
1600 West Street
Redding, CA 96001
Email: [email protected]
[email protected]
Attorney for City of Anderson and Anderson
Fire Protection District
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on September 3, 2025, in Redding, California.

KRISTEN LEITZ-WIEDMANN
l
38 ~ r-
< m
)Ill
)Ill
~
m
~

GENERAL NOTES
The information shown on this exhibit is based on
a field survey conducted on 10-20-2025 for the
purpose of facilitating a lot line adjustment.

More detailed information regarding the boundary
resolution can be provided upon request.

CITY OF ANDERSON
APN 202-030-045

CITY OF ANDERSON
APN 202-030-044
FENCE
GATE

CITY OF ANDERSON
APN 202-030-043

BUILDING

CITY OF ANDERSON
APN 202-030-042

CITY OF ANDERSON
APN 202-030-041

SOUTH STREET

2.2'
2'

ANDERSON FIRE

PROTECTION DISTRICT
APN 202-030-038
HUBERT
APN 202-030-039
0 50
1 IN= 50 FT
HUBERT
APN 202-030-040
SURVEY

EXHIBIT
/ t,
0 C:
(j)
en >
c;,
-t
)Ill
m
!!I
100
FIGURE 1 OF 1
JOB #0027.71
39 AGENDA ITEM
~anuary 20, 2026, City Council Meetin~
To:

From:

Date:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
January 20, 2026
lsuBJECT
Amend a Professional Services Agreement for Consulting Services.

I RECOMMENDATION
The City Manager recommends that the City Council:

1. Receive a Staff Report;

2. Receive Public Comment;
anager

3. Authorize the City Manager to add additional funds and extend the three-year agreement with Hope Seth for specialized professional community economic development and marketing consulting services.

I FISCAL IMPACT
The cost of the contract is not to exceed $35,000 annually. The additional costs have already been budgeted for in the 2025-27 budget cycle.

I DISCUSSION and BACKGROUND
The City of Anderson contracted with Hope Seth for consulting services to assist with creating a plan for promoting economic development in the City of Anderson which will foster a thriving business culture and create economic opportunities that improve the quality of life for the City and its residents. Staff also utilizes Mrs. Seth's consulting services to further develop and ITEM 8.3a PAGE 1 1/20/2026
40 organize Anderson Community Economic Development by assembling the board, creating committees, recruiting community members, overseeing fundraising for initiatives and marketing; updating the City's Website by acting as the project manager and liaison with the web development company, overseeing the design and production of web, video and print media for the City, promoting City sponsored events through social media, website and traditional media; and managing the City's social media presence; by managing the creation of marketing campaigns related to business and residential recruitment, and promoting business development by creating an Anderson Business Resource Guide.

This amended agreement would extend the three-year term to January 31, 2029.

A copy of the proposed consulting agreement is attached for your review. !ATTACHMENT

1. Professional Services Agreement Hope Seth Consulting - Final

2. Professional Services Agreement Hope Seth - Track Changes ITEM 8.3a PAGE2 1/20/2026
41 CITY OF ANDERSON

PROFESSIONAL SERVICES AGREEMENT
FOR
Economic Development, Marketing Consultant, and Event Coordination Amendment #4
This Agreement amended this __ day of ___ _, 20_ , by and between the City of Anderson, a California municipal corporation ("City"), and Hope Seth a Sole Proprietor ("Consultant").

I. RECITALS
A. Consultant desires to perform and assume responsibility for the provision of professional Economic Development, Marketing and Event Coordination consultant services required by the City on the terms and conditions set forth in this Agreement.

B. Consultant has presented a proposal for such services to the City, dated October 2, 2017 (attached hereto and incorporated herein as Exhibit "A") and is duly licensed, qualified and experienced to perform those services
C. Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research.

D. City desires to engage Consultant to render such services as set forth in this Agreement.

II. AGREEMENT

1. Scope of Services.

1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately supply the necessary professional Economic Development and Marketing consultant services ("Services"). The Services are more particularly described in Exhibit "A."

2. Schedule of Services.

2.1 Schedule of Services. The Services of Consultant are to commence upon execution of this Agreement by the City and shall be undertaken and completed in a prompt and timely manner, pursuant to the schedule outlined in the Scope of Work, more particularly described in Exhibit "A."
82755.00000',6794093. 1 l
42 2.2 Extension of Time. Consultant may, for good cause, request extensions of time to perform the Services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Agreement.

3. Fees and Payments.

3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A." The total compensation shall not exceed Thirty Five Thousand ($35,000) per year without City's prior written approval.

3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five ( 45) days of receiving such statement, review the statement and pay all approved charges thereon.

4. Changes.

4.1 The Parties may, from time to time, request changes in the scope of the Services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by the City in writing. Mutually agreed changes shall be incorporated in written amendments to the Agreement.

5. Responsibilities of Consultant.

5.1 Independent Contractor; Control and Payment of Subordinates. Consultant enters into this Agreement as an independent contractor and not as an employee of the City. Consultant shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Agreement.

5.2 Conformance to Applicable Reguirements. All work prepared by Consultant shall be subject to the approval of City.
5 .3 Project Manager. The Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Agreement. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant or replaced with the written approval of the City which shall not be unreasonably withheld.
82755.00000\6794093. 12
43 5.4 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City staff, consultants and other staff at all reasonable times. City agrees to work closely with Consultant's staff in the performance of Services and shall be available to Consultant's staff at all reasonable times.

5.5 Warranty. Consultant agrees and represents that it is qualified to properly provide the Services set forth in Exhibit "A" in a manner which is consistent with the generally accepted standards of Consultant's profession. Consultant further represents and agrees that it will perform said Services in a legally adequate manner in conformance with applicable federal, state and local laws and guidelines.

6. Insurance.

6.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

6.2 Types of Required Coverage. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.

6.2.1 Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $2,000,000 per occurrence. 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; or (4) cross liability exclusion for claims or suits by one insured against another.

6.2.2 Automobile Liability: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $2,000,000 each accident.

6.2.3 Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $2,000,000 per accident for bodily injury and disease.

6.2.4 Professional Liability: Professional Liability insurance for errors and omissions with minimum limits of $2,000,000. Covered Professional Services shall specifically include all work to be performed under the Agreement.
82755.00000\6794093. ,3
44 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.

6.3 Endorsements.

6.3.1 The policy or policies of insurance required by Sections 6.2.1 Commercial General Liability and 6.2.2 Automobile Liability. Contractor's Pollution Liability shall be endorsed to provide the following:

6.3.1.1 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 the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement.

6.3.1.2 Primary Insurance and Non-Contributing 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 insurance.

6.3.1.3 Severability: In the event of 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 claim is 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.

6.3.1.4 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 the City except ten ( 10) days prior written notice shall be allowed for non-payment of premium.

6.3.1.5 Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.

6.3.1.6 Applicability: That the coverage provided therein shall apply to the obligations assumed by the Consultant under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.

6.3.2 The policy or policies of insurance required by Section 6.2.3 Workers' Compensation shall be endorsed, as follows:

6.3.2.1 Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

6.3.2.2 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 82755.00000\6794093. 14
45 cancellation has been served upon the City except ten ( I 0) days prior written notice shall be allowed for non-payment of premium.

6.3.3 The policy or policies of insurance required by Section 6.2.4 Professional Liability shall be endorsed, as follows:

6.3.3.1 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 the City except ten ( I 0) days prior written notice shall be allowed for non-payment of premium.

6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the City 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.

6.5 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

6.6 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

6. 7 Acceptability oflnsurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and 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.

6.8 Insurance for Subconsultants. All subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subconsultant's policies. 82755.00000\6794093 15
46 7. Ownership of Materials and Confidentiality.

7.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in plans, specifications, studies, drawings, estimates and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").

Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City.

City shall not be limited in any way in its use or modification of the Documents and Data at any time, provided that any such use or modification not within the purposes intended by this Agreement shall be at City's sole risk.

7.2 Confidentiality. All Documents & Data are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

8. Accounting Records.

8.1 Maintenance and Inspection. Consultant shall maintain and make available for inspection by the City and its auditor's accurate records of all its costs, disbursements and receipts with respect to any work under this Agreement. Such inspections may be made during regular office hours at any time until one ( 1) year after the final payments under this Agreement are made to the Consultant.

9. Subcontracting.

9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

10. Termination of Agreement.

10.1 Grounds for Termination. City may, by written notice to Consultant, terminate all or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for 82755.00000\6794093 16
47 those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

10.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

10.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

11. General Provisions.

11.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

City:

Consultant:

City of Anderson
1887 Howard Street
Anderson, CA 96007
Attn: Joey Forseth-Deshais, City Manager
Hope Seth
215 Mill Valley Pkwy
Redding, CA 96003
Attn.: Hope Seth
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

11.2 Indemnification. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all 82755.00000\6794093. 17
48 consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the active negligence, sole negligence, or willful misconduct of the City.

Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.

Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

11.3 Prohibited Interests. Consultant covenants that neither it, nor any of its employees, agents, contractors or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Agreement, nor any other interest which would conflict in any manner or degree with the performance of the Services hereunder.

11.4 Prevailing Wages. Consultant is aware of the requirements of California Labor Code section I 720, et seq., and 1770, et seg .. as well as California Code of Regulations, Title 8, section 16000, et seg., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws.

11.5 Equal Opportunity Employment. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation.

11.6 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
11 .7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and all other costs of such action.

11.8 Assignment or Transfer. Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which 82755.00000'16794093. I 8
49 will not be unreasonably withheld. Provided, however, that claims for money due or to become due Consultant from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

11.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

11.10 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

11.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

11.12 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Services specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

11.13 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Shasta County.

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

11.15 Interpretation. Since the Parties or their agents have participated fully 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.

11.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

11.1 7 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

11.18 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.

11.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
82755.00000'<6794093. 19
50 12. TERM OF AGREEMENT.

12.1 Unless otherwise terminated as provided in this Agreement, this Agreement will continue in effect for a period of three (3) years, February I, 2026 to January 31, 2029 and shall then terminate unless renewed in writing by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

CITY OF ANDERSON
By:

Joey Forseth-Deshais
City Manager
Approved as to Form:

By:

Collin Bogener
City Attorney
82755.00000'.6794093. 1 l 0
By:

Hope Seth, Sole Proprietor
Hope Seth
Consultant
51 EXHIBIT "A"

CONSULT ANT PROPOSAL
The scope of work will include:

1. The organization of Anderson Community for Economic Development (ACED) a. Assembling the Board
b. Creation of Committees
c. Recruitment of Community Members
d. Oversee Fundraising for Initiatives/Marketing

2. Website Redesign Management
a. Act as project manager and liaison with web development company b. Provide updated content and images for site
c. Maintain user functionality and social media integration

3. Marketing/Communications
a. Manage the creation of marketing campaigns related to business and residential recruitment
b. Oversee the design and production of materials including web, video and print media for the City of Anderson
c. Manage the City's social media presence

4. Business Development
a. Creation of an Anderson business resource guide
b. Any other necessary activities as directed by City Manager

5. Event Coordination
a. Promote City of Anderson sponsored events through social media, website notices and traditional media
82755 0000016794093.1
52 CITY OF ANDERSON

PROFESSIONAL SERVICES AGREEMENT
FOR
Economic Development, Marketing Consultant, and Event Coordination Amendment ~
This Agreement amended this __ day of ____ , 20_ , by and between the City of Anderson, a California municipal corporation ("City"), and Hope Seth a Sole Proprietor ("Consultant").

I. RECITALS
A. Consultant desires to perform and assume responsibility for the provision of professional Economic Development, Marketing and Event Coordination consultant services required by the City on the terms and conditions set forth in this Agreement.

B. Consultant has presented a proposal for such services to the City, dated October 2, 2017 (attached hereto and incorporated herein as Exhibit "A") and is duly licensed, qualified and experienced to perform those services
C. Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research.

D. City desires to engage Consultant to render such services as set forth in this Agreement.

II. AGREEMENT

1. Scope of Services.

1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately supply the necessary professional Economic Development and Marketing consultant services ("Services"). The Services are more particularly described in Exhibit "A."

2. Schedule of Services.

2.1 Schedule of Services. The Services of Consultant are to commence upon execution of this Agreement by the City and shall be undertaken and completed in a prompt and timely manner, pursuant to the schedule outlined in the Scope of Work, more particularly described in Exhibit "A."
82755.00000\679409) , 1 l
53 2.2 Extension of Time. Consultant may, for good cause, request extensions of time to perform the Services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Agreement.

3. Fees and Payments.

3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A." The total compensation shall not exceed Thirty Thousand ($30,000)Thirty Five Thousand ($35,000) per year without City's prior written approval.

3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five ( 45) days of receiving such statement, review the statement and pay all approved charges thereon.

4. Changes.

4.1 The Parties may, from time to time, request changes in the scope of the Services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by the City in writing. Mutually agreed changes shall be incorporated in written amendments to the Agreement.

5. Responsibilities of Consultant.

5.1 Independent Contractor: Control and Payment of Subordinates. Consultant enters into this Agreement as an independent contractor and not as an employee of the City. Consultant shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Agreement.

5.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

5.3 Project Manager. The Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Agreement. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant or replaced with the written approval of the City which shall not be unreasonably withheld.
82755.00000\6794093. 12
54 5.4 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City staff, consultants and other staff at all reasonable times. City agrees to work closely with Consultant's staff in the performance of Services and shall be available to Consultant's staff at all reasonable times. 5 .5 Warranty. Consultant agrees and represents that it is qualified to properly provide the Services set forth in Exhibit "A" in a manner which is consistent with the generally accepted standards of Consultant's profession. Consultant further represents and agrees that it will perform said Services in a legally adequate manner in conformance with applicable federal, state and local laws and guidelines.

6. Insurance.

6.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

6.2 Types of Required Coverage. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.

6.2.1 Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least$ l ,000,0002,000,000 per occurrence. 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; or (4) cross liability exclusion for claims or suits by one insured against another.

6.2.2 Automobile Liability: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,0002.000,000 each accident.

6.2.3 Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $ 1,000,0002,000.000 per accident for bodily injury and disease.

6.2.4 Professional Liability: Professional Liability insurance for errors and omissions with minimum limits of$ l ,000,0002,000.000. Covered Professional Services shall specifically include all work to be performed under the Agreement. 82755.00000'.6794093. I 3
55 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.

6.3 Endorsements.

6.3.1 The policy or policies of insurance required by Sections 6.2.1 Commercial General Liability and 6.2.2 Automobile Liability. Contractor's Pollution Liability shall be endorsed to provide the following:

6.3.1.1 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 the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or ( 4) contain any other exclusions contrary to the Agreement.

6.3.1.2 Primary Insurance and Non-Contributing 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 insurance.

6.3.1.3 Severability: In the event of 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 claim is 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.

6.3.1.4 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 the City except ten ( 10) days prior written notice shall be allowed for non-payment of premium.

6.3.1.5 Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.

6.3.1.6 Applicability: That the coverage provided therein shall apply to the obligations assumed by the Consultant under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.

6.3.2 The policy or policies of insurance required by Section 6.2.3 Workers' Compensation shall be endorsed, as follows:

6.3.2. l Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

6.3.2.2 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 82755.00000\6794093. ,4
56 cancellation has been served upon the City except ten ( 10) days prior written notice shall be allowed for non-payment of premium.

6.3.3 The policy or policies of insurance required by Section 6.2.4 Professional Liability shall be endorsed, as follows:

6.3.3.1 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 the City except ten ( 10) days prior written notice shall be allowed for non-payment of premium.

6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the City 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.

6.5 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

6.6 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period oftime if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

6. 7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and 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.

6.8 Insurance for Subconsultants. All subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subconsultant's policies. 827SS.0000016794093. I 5
57 7. Ownership of Materials and Confidentiality.
7 .1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in plans, specifications, studies, drawings, estimates and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").

Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City.

City shall not be limited in any way in its use or modification of the Documents and Data at any time, provided that any such use or modification not within the purposes intended by this Agreement shall be at City's sole risk.

7.2 Confidentiality. All Documents & Data are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

8. Accounting Records.

8.1 Maintenance and Inspection. Consultant shaII maintain and make available for inspection by the City and its auditor's accurate records of all its costs, disbursements and receipts with respect to any work under this Agreement. Such inspections may be made during regular office hours at any time until one ( 1) year after the final payments under this Agreement are made to the Consultant.

9. Subcontracting.

9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

10. Termination of Agreement.

10.1 Grounds for Termination. City may, by written notice to Consultant, terminate all or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for 82755.00000\6794093. 16
58 those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

10.2 Effect of Termination. If this Agreement is tenninated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other infonnation of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

10.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may detennine appropriate, services similar to those tenninated.

11. General Provisions.

11.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

City:

Consultant:

City of Anderson
1887 Howard Street
Anderson, CA 96007
Attn: Jeff KiserJoey Forseth-Deshais, City Manager
Hope Seth
~ 215 Mill Valley Pkwy-Way
Redding, CA 96003
Attn.: Hope Seth
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

11.2 Indemnification. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all 82755.00000\6794093. I 7
59 consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the active negligence, sole negligence, or willful misconduct of the City.

Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.

Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

11.3 Prohibited Interests. Consultant covenants that neither it, nor any of its employees, agents, contractors or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Agreement, nor any other interest which would conflict in any manner or degree with the performance of the Services hereunder.

11.4 Prevailing Wages. Consultant is aware of the requirements of California Labor Code section 1720, et seq .. and 1770, et seq .. as well as California Code of Regulations, Title 8, section 16000, et seq .. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws.

11.5 Equal Opportunity Employment. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation.

11.6 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

11.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and all other costs of such action.

11.8 Assignment or Transfer. Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which 82755.00000\6794093. I 8
60 will not be unreasonably withheld. Provided, however, that claims for money due or to become due Consultant from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

11.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

11.10 Amendment: Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

11.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

11.12 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Services specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

11.13 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Shasta County.

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

11.15 Interpretation. Since the Parties or their agents have participated fully 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.

11.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

11.17 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

11.18 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.

11.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
82755.00000,6794093. 19
61 12. TERM OF AGREEMENT.

12.1 Unless otherwise terminated as provided in this Agreement, this Agreement will continue in effect for a period of three (3) years, Jam1ary 31, 2023February L 2026 to Febrnary J, 2026 January 31. 2029 and shall then terminate unless renewed in writing by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

CITY OF ANDERSON
By:

Jeff KiserJoey Forseth-Deshais
City Manager
Approved as to Form:

By:

Collin Bogener
City Attorney
82755 00000\6794093. 110
Hope Seth, Sole Proprietor
By:

Hope Seth
Consultant
62 EXHIBIT "A"

CONSULT ANT PROPOSAL
The scope of work will include:

1. The organization of Anderson Community for Economic Development (ACED) a. Assembling the Board
b. Creation of Committees
c. Recruitment of Community Members
d. Oversee Fundraising for Initiatives/Marketing

2. Website Redesign Management
a. Act as project manager and liaison with web development company b. Provide updated content and images for site
c. Maintain user functionality and social media integration

3. Marketing/Communications
a. Manage the creation of marketing campaigns related to business and residential recruitment
b. Oversee the design and production of materials including web, video and print media for the City of Anderson
c. Manage the City's social media presence

4. Business Development
a. Creation of an Anderson business resource guide
b. Any other necessary activities as directed by City Manager

5. Event Coordination
a. Promote City of Anderson sponsored events through social media, website notices and traditional media
82755.00000\6794093. I
63 AGENDA ITEM
January 20, 2026, City Council Meeting
r Submittal By:

To
rseth-Deshais, City Manager
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: January 20, 2026
lsuBJECT
Amendment to operational contract with Haven Humane Society for animal control related duties.

I RECOMMENDATION
The City Manager recommends that the City Council:

1. Receive a Staff Report;

2. Receive Public Comment;

3. Authorize the City Manager to amend and sign a contract amendment with Haven Humane Society to conduct animal control services for the City of Anderson.

I FISCAL IMPACT
The cost for contractual services was $114,920.54 for 2025 and is billed monthly. The new annual costs are reflected below, effective February 1 of the corresponding year:

ITEM 8.3b
2026 • $121,488.14
2027 - $125,039.18
2028 - $128,691.35
PAGE1 1/20/2026
64 The additional costs were budgeted for in the biennial budget process for fiscal years 2025- 26, and 2026-27.

I DISCUSSION AND BACKGROUND
In November of 2016, the City entered into a contract with Haven Humane Society to supply animal control services. The contact provided one+full time animal control officer, 8 am - 5 pm, Monday through Friday, with no on-call or weekend services as weekend and afterhours animal control services are handled by the police department. By contracting with Haven Humane, the police department Community Service Officers (CSO) have been freed up to manage the numerous other tasks such as court documents, processing and controlling evidence/property, assisting records with data entry, front counter customer service, subpoena service, vehicle abatement, code enforcement, traffic control, vehicle fleet management, mail, and other miscellaneous departmental needs assigned to them.

Haven has proven to be a great partner in providing animal control services to the City of Anderson. The additional changes to the existing contract include minor language updates, and specifically adding in the enforcement of Chapter 6.33 of the Anderson Municipal Code "Community Cat Program".

I ATTACHMENTS

1. Agreement with track changes.

2. Amended agreement.

ITEM 8.3b PAGE2 1/20/2026
65 CONTRACT AMENDMENT BETWEEN THE CITY OF
ANDERSON AND HAVEN HUMANE SOCIETY, INC.

Amendment #lZ
THIS IlURD AMENDMENT JO THE CONTRACT 1s erHcFctl h1*9 byby anti betwum the CITY OF ANDERSON, a municipal corporation, herein referred to as "the City" and HAVEN HUMANE SOCIETY, a charitable nonprofit corporation duly organized and existing under and by virtue of the laws of the State of California. herein referred to as "the Society," I$ en1e1J'il iWP~ date~ e!foJJh.,pdow.

WITNESSETH:

WHEREAS, the City Council of the City of Anderson is empowered by the State of California to appropriate and expend money from City funds for Animal Regulation Services in the Anderson city limits.and
WHEREAS, the City desires to provide Animal Regulation Services within the incorporated areas of Anderson for the purpose of enforcing the provisions of Title 6 of the Anderson Municipal Code and applicable sections of State Code. and WHEREAS, the City has for many years contracted with the Society to serve as the City's appointed agency to provide animal sheltering services, and the City does not have sufficient personnel to perform the functions herein, and
WHEREAS, the City desires to use the administrative services, physical plant, equipment, facilities, and supplies of the Society in the enforcement of animal regulations within the city limits, and the City further desires that the Society exercise the powers and duties for animal regulation services as set forth in Title 6 of Anderson Municipal Code ("Code") as amended from time to time, and
WHEREAS, the Society has performed and shall continue to perform its regular functions of prevention of cruelty to animals (as contemplated by Corporations Code Section 14501, et seq.), protection of animals from suffering and fear, and promoting animal welfare by the following means, among others:
a. By education of the public on matters concerning the needs and care of animals; b. By the investigation of alleged cases of abuse or neglect of animals and their prosecution when necessary;
c. By rehabilitation of homeless or unwanted animals through supervised and screened adoption placements;
d. By researching and recommending ordinance augmentations and changes; and -~·• __ By the promotion of sterilization spaying and neutering to reduce the overpopulation of cats and dogs.
e,f. Eac:illrnt:e the Clt~•·s "Commlrn1t;· Cat Pr.om· ~!wlWa..l:lliw.w: ill.Di the Anderson M1mic1pa) Code.

These functions are apart from and separate from the functions the Society shall perform under this agreement except where such functions may overlap or may for convenience be joined. and
[Type here)
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Formatted: Font color. Auto )
66 WHEREAS, the Society represents itself as qualified and able to provide required services and desires to continue providing services, supplies, materials, and use of its plant equipment and facilities in the enforcement and performance of said powers and duties for the remuneration herein stated, NOW, THEREFORE, the parties hereto agree as follows:

1. Apjmal Regulation Services. The City hereby authorizes, directs, and empowers the Society to perform all the powers and duties confirmed and imposed by local ordinance and applicable state laws as they may be amended from time to time during the term of this Agreement. The Society shall act and provide animal regulation services pursuant to the powers set forth in Title 6 of the Anderson Municipal Code. Further. the Society agrees to perform the animal regulation related work set forth in the Scope of Services attached hereto and incorporated herein as Exhibit A and Exhibit B.

2. ~- The services provided pursuant to this Contract shall begin on February 1, 202 64, and end January 31, 2022.i

3. ~Both parties agree to meet prior to September 30 of each year, while this contract remains in effect, to review contract costs and scope. It is agreed that the Society or City may request changes at that time to both the scope of services and/or costs. Costs of any modifications or added services or reduction in services shall be negotiated in good faith.

Nothing in this contract shall be construed to require the Society to provide Animal Regulation Services beyond January 31, MU.2029. Subsequent to the initial term, as outlined, this contract may be extended for additional periods not to exceed twelve months (contract extension). Each contract extension will require a separate amendment outlining consideration and any additional terms and/or requirements that will be in effect for said contract extension. The number of contract extensions is not limited by thisoriginal contract.

4. Patrol Services. The Society recognizes the importance of both responding to calls for service and proactive approaches to animal regulation problems. The Society agrees to provide one 40 hour per week staff and equipment as needed to address specific animal regulation problems within the City. Thii. shall include directed patrol at locations identified by either the City or the Society as presenting issues relevant to animal regulation and public safety. Moreover, Society agrees that a certain amount of time each week shall be spent in patrolling the City. The Society and the City shall agree upon a reasonable amount of time and manner of patrolling. The Society recognizes the value and importance of neighborhood officer recognition and public confidence. The Society will endeavor to foster positive public relations and officer familiarity throughout the City.

5. Qjspatch. Requests for animal regulation service may be received directly at the Society dispatch center Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.

6. Response Jjme. Both the City and the Society recognize the importance of a prompt response time structure within limited resources. The following schedule shall apply:

The Society, through its dispatch policies, shall establish categories of requests-for service (i.e., emergency, priority, routine) per the Scope ofServices. a. The Society shall make every effort to respond to emergency calls and arrive on scene within thirty-five (35) minutes of receipt of such calls during regular business hours.
[Type here]
67 b. The Society shall respond to priority calls as defined by the scope of service before responding to routine calls.
c. The Society shall respond to any routine call within four hours of receipt or by scheduling an appointment with the requesting party.
d. The Society and the City recognize that in the event of a natural disaster or any other significant emergency, these times may be expanded.

7. Pjck-yp Service. The Society agrees to pick up and impound stray animals, to pick up and impound any other animal within the City that may be lawfully impounded upon the request of any resident acting in good faith, and to enforce all Code provisions and state laws pertaining to impounding of animals by court proceedings if necessary...lulP ~nc~~,s at the c10, shelter then Societv wiU not be rrQuire.£1....tpJnmouoJ the r1oimal m1ouwt to this :ieCUQlk b.lll will make ui;ll.dfo.aJ~lP co~ 10 ~ e~Jtoss..ilili:.

8. Anjmal Bjtes. With respect to known animal bites, the Society agrees to investigate and, where appropriate, quarantine animals at the owner's residence, or pick up and hold in quarantine animals involved in biting incidents. Officers shall exe rcise discretion as to whether the animal(s) will be properly quarantined at the owner's residence or taken into custody and quarantined in the interest of public safety.

9. Pjck-yp Seryjce Hours. In addition to pick-up services incidental to routine patrol service, the Society agrees to provide the following service in response to telephone or other verbal requests:
a. To pick up any stray animal at any time during regularly scheduled operating hours pursuant to a request from a Police Officer or City Official; For purposes of this Agreement, "stray animal" is defined as (I) street animals that are born and reproduce on the street and have never been owned, or (2) abandoned animals no longer being fed or housed by any person:
c. Pick up stray animals of unknown ownership (that are sick or injured) during the time of regular scheduled patrol upon request of residents acting in good faith within the corporate city limits served by this Contract; and d. Pick up sick or injured animals during times of regular scheduled patrol upon the request of animal owners without transportation or any means of obtaining veterinary medical care.

10. lpyestjgatjons. The Society agrees to investigate all complaints of animal cruelty or neglect brought to the attention of the Society, a swell as complaints for barking and or excessive nuisancenoiserelatingtodogsandotheranimals.

Contract Amendment Between the City of Anderson
And Haven Humane Society. Inc.
[Type here]
Approved~ __
68 11. Deceased Anjmals- The Society agrees to pick up and dispose of any dead animal of unknown ownership found on public streets and roadways within the corporate city limits.

Known owners shall be responsible for disposition of dead animal(s) from private property within the City. The Society will pick up and properly dispose of all dead wild animals from public streets and public or private property within the corporate citylimits.

12. Anjmal Regulation Officer. The Society agrees to pay for the services of such Animal Regulation Officers as it shall appoint.

13. Cjty Shelter Fynctjon. The Society agrees to furnish and maintain during the term of this contract, a building or enclosure to serve as the "City Shelter" which shall be suitable for the keeping and safe holding therein of all animals that are by law subject to impound. The Society will provide adequate shelter care and emergency veterinary services at the Society's shelter, on behalf of the residents of the City of Anderson.

14. Vaccjpatjon Cljnjcs. The Society holds at least one low-cost vaccination clinic during the course of the year. The Society agrees to provide staffing, including at least one Animal Regulation Officer to assist during the clinic.

15. Anjmal Regylatjon Goyemance. The City shall not impose an animal welfare commission or any other subcommittee or governing entity for the purpose of contract oversight program recommendations or conditions. The Society agrees to cooperate fully with the City including the attendance at all scheduled meetings to provide data and ensure open communication. To evaluate the animal regulation program and determine necessary modifications or additional services provided by this contract, the City and the Society shall conduct an annual evaluation of the contract on or before September 30 of each year.

16. Cjtatjons. The Society agrees to have at least one of its animal regulation officers qualified as a humane officer pursuant to Section 14502 of the California Corporations Code.

The Society shall strive to have all other officers so qualified as is practical. All qualified animal regulation officers may issue citations or notices to appear in court as prescribed by state law for any violations of state or local animal regulation laws occurring within the City, including but not limited to violations of Title 6 of the Municipal Code. The City agrees to furnish the Society with a sufficient quantity of citation forms to perform this service. l 7. He.alth De.partuu::ot Ou,arAQtjne. The Society agrees to pick up, accept, care for, and maintain in custody any animal from within corporate city limits to be held for observation by the City or County Health Department and to maintain such animal(s) in an individual kennel away from public contact or contact with other animals during the time so held or as the City or County Health Officer may direct.
• 1 +.. 18. Community Cat.f'roilram The Society aa cer~ to fac, Ii ta1 e the Com muoity C11t Pro1:rJ1J11 as srJ. foJ:lh.i.n <Jliull~ 6 3 3 Q(t lu- A.o.clf-_.1.w..o...M.1.iru<w"ILCod~, [Type here)
1 Formatted: Font: +Headings (Cambria), 12 pt. Font 1
color: Custom Color(RGB(42,42.42))
( Formatted: Indent: left: 0.62", Hanging: 0.49", Right:
o·. Space Before: 0 pt Line spacing: single, No bullets 1 or numbering, Tab stoP5: Not at 0.62"
69 Ct>ntr.ic::t 6th,.•~~., u,~ r.hy (ff Anderson
And lfil\'C"n llum;ln<"WC'it.:'f, In~'. ApprO'led ___ _ 70 -1-8.19.
a.

Collection ofFees.

Before delivering an impounded animal into the hands of its alleged owner, the Society will:

1. Satisfy itself as to the owner's identity and right of claim; and

2. Collect and provide a receipt for the redemption and maintenance fees as prescribed by City Ordinance and/or State Law.
b. Any animal impounded pursuant to this Agreement and found without a current license shall not be released to any person prior to purchasing a license pursuant to City Policy, City Ordinance, and/or State Law. c. The Society will keep a timely, complete, and accurate set of books showing the revenues, expenses, and related financial transactions pertinent to contracted animal regulation and shelter services. Such records and accounts will be made available at the Society's place of business for examination at all reasonable times by authorized representatives of the City. Nothing in this Agreement is intended, or shall be construed, to prevent the Society from soliciting or accepting donations from any person or organization toward defraying the costs of the Society's charitable activities. t-9,20. lpsurance.
a, Unless modified in writing by City's Risk Manager, Society shall maintain the following noted insurance during the duration of the Contract:

Coverage Beouiced l'llat Beguia:d
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability Errors and Omissions X
b. Coverageshall be at least as broad as:

1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury, and property damage;
Contract Between the C'i!y of Anderso~
And Ha,·en flwmane S~l~t). Inc
Approved
71 2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance which provides for total limits of not less than $2.t-,000,000 combined single limits per accident applicable to all owned, non-owned, and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $.l.½,000,000 per occurrence;
c. The General Liability and Automobile Liability policies are to contain or be endorsed to contain the following provisions:

1. City, its elected officials, officers, employees, agents, and volunteers are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Society; premises owned, leased or used by Society; or automobiles owned, leased, hired, or borrowed by Society. The coverage shall contain no special limitations on the scope of protection afforded to City its elected officials, officers, employees, agents, and volunteers.

2. The insurance coverage of Society shall be primary insurance as respects City, its elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents, and volunteers shall be in excess of Society's insurance and shall not contribute with it.

3. Coverage shall state that the insurance of Society shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to City. In addition, Society agrees that it shall not reduce its coverage or limits on any such policy except after thirty {30) days' prior written notice has been given to City. e. Insurance is to be placed with insurers with a current AM Best's rating of no less than A-VII.

Conlroct Belween lhe City of Andersoo,
And Haven Humane Socicry. Inc.

Appro,·ed
72 f. Society shall designate the City of Anderson as a Certificate Holder of the insurance. Society shall furnish City with certificates of insurance and original endorsements affecting the coverage required by this clause. Certificates and endorsements shall be furnished to 1887 Howard Street, Anderson, California 96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf.

All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services.
g. The requirements as to the types and limits of insurance coverage to be maintained by Society as required by this Contract and any approval of said insurance by City are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Society pursuant to this Contract, including without limitation provisions concerning indemnification.
h. If any damage, including death, personal injury, or property damage, occurs in connection with the performance of this Contract, Society shall immediately notify City's Risk Manager by telephone at 530-378-6646 (City Clerk's Telephone Number). No later than three (3) calendar days after the event, Society shall submit a written report to City's Risk Manager containing the following information as applicable: (1) name and address of injured or deceased person(s);
(2) names and addresses of witnesses; (3) name and address of Society's insurance company; and ( 4) a detailed description orthe damage and whether any City property was involved.
20,21.1 ndemnlHcauon and Hold Harmless.

1. City agrees to indemnify, defend, and hold harmless Haven and Haven's elected and appointed officers, employees, and agents from and against any and all liability and expense, including but not limited to any damages, fines, penalties, defense costs (attorney fees included), or other monetary or equitable loss that arises in any way, or is connected in any way, to the performance of this agreement. or any act or omission of the City its officers, employees and agents.

2. Haven agrees to indemnify, defend and hold harmless City, and City's elected and appointed officers, employees, and agents from and against any and all liability and expense, including but not limited to any damages, fines, Contract Between the City of Andemin
And Ha.-en Humane Society. Inc.

Approved __ .__ _
73 penalties, defense costs (attorney fees included), or other monetary and/or equitable loss that arises in any way. or is connected in any way, to the performance of this agreement or any acts and omissions of Haven. its officers. employees and agents.

3. Upon termination of this contract, the parties shall continue to indemnify, defend and hold harmless each other for all claims and losses as heretofore provided and arising during the time this contract was in effect. u .n. Cnpsjdec,noo rpr :ierxlccs. In consideration of the agreements and understandings to be performed by the Society, the City agrees to pay the Society a total sum as follows:

I. ONE-MUNPRED TWENIY-ONF THOUSAND FOUR HUNDRED ETGlffY EIGHT DOLLARS AND FQURJ!;EN CENTSl>ml6n' SIX: nmUV,11H) FU+Y QQbb;'.RS A!>W fQYR ~ (SI 21.48B.149€!,0a0.04L!i1XTY 'l'IIR.i.i,. Tl-iO~ . ...JiiCITT HUNDR.liD AND J:OUR ~-OOj- paid in equal installments over the first )'.ear of this agree1Hent anientlrncnt (months 1-12). Each monthly installment shall be paid on or before the SH-.,S! • [ Formatted: font: +Headings{Cambria). Superscript J day of each calendar month with the first payment occurring on before March S.~20263;

2. ONE HUNDRED TWENTH]VE TIIOUSAND IIIJRJY NLNE DOLLARS AND • [ Formatted: Justified flGfffEEN CE TSON!; 1mr,.:01um !,NP THREg THOVSl,ND TWO HYN~REl:J 1m,Hn NINl\ ~--------------~ OQIJ,A-R!i-AND-NI-NE-G6N'.fS ($125,039.18103~9 09 LSi.x-~EN-T-WOUSAND,HI/E IIYNDRHO MlP SIGMTY FOIJR PObl.f',RS (U,7,\;84.00) paid in equal installments over the second year of this aruendmcnt-agreemelli (months 12-24) with each payment to be made on or before the .Sthday of [ Form~~~;:;ad ngs (Cambria), 12 pt 7 each calendar month;

3. ONE HUNDRED TWENTY EIGIIT THOUSAND SIX HUNDRED NI. l;TY ONE llOLL.ARS AND TtllRIY FIVE CENTSON6 IIUPHlRlrn •
1,NO !ill.HT HIOIJSMIIJ l!IGHT
™RllDTW6NTVTl~REH, P:Ql.l,.,,,RSANOW'E:NTV F'IV1,CE:NTS{Sl28.69Ll5lQ8,82L!Sl SIWENT\' l'Wtl 'l'H~!>UN~R-~ObLARS ~06,00}-paid in equal installments over the third year of thisagreement (months 25-36) with each payment to be made on or before the .,')th day of each calendar month. : Formatted: Font +Headings (Cambria), 11 pt J

4. ONE-HY-NDRW 14-1\J..Rl'liliN TUQIJSAND-Nu,.JE-WUNDRlill TW6NT¥ DObLARS AND Fl FTY FO U JU.&N.T~-t-1-4,:QUl.!i 4}.S l>\ll,i~fW,o.f'UQY&AN.li, fflN&-UY.N.DR&D-ANtl sf>. [)Ob bl', RS (:S 7 2}}(~)-,[email protected]'Gtil't-h~11Q~-\effi (-+HOf'1~/;-J7-48}-wittt-ea€h-payme!lHo-oe-maae-e!H)f-l,efore the S1h day of eacll hll@atla,:
mmAA,
If for any reason the payment is to be delayed beyond the fifth of each month, the City shall provide the Society prior notice and indicate a firm date for receipt of payment. l-1Hi.dditiGl-l t0 this <'l1Wl1al EO!li,M.-rauon. the City agrl'es w m .. ke- a ~me tin~" ~;"ll~Clll .. ~ 01<t!!ned IM ~ 8-; -te--+he ~~~e pur,eses ~ ~~Q~ e-f-An~- ~tletHtftttlt>H Contract Bet\\ ecn the City or Andersoo
And Haven Humane Socict), Inc.

Approved
74 regu I aliertS-Yehide (hcrPi na~Pf "VPhic.~ttfmal reg11latffl1¥.rOUiE'eT P f'l~U Jrn'I E'R I, "''~ r~in'l•!rt1f½if&nner•:i.~ lfl.itdt> f!fier ~-~• ~ --aAiill-ill Fegu~atlan:, se, •,iees 10 b@ 1~rn\1id@d. as EHitlin@d ln thi.5 Agl'e@m@Rt. Th@ Vehicle will be lk:ew.:Nl «Ml ~teretl le s~~lffllg-,the tnm Af t-ltts-Ag,,••f'·meat aittl a11y effit-ooe-J ffiH'at~R ~ ~~~~ Ag1·e@F1U?M ~it>t,y ~ +&-'f!@l'ffiAM ~U 1,@f'Jiees fa,· tlw City a1; .~et forth het'l!in IJJ1£11'I tP.1mh1ation er c,;m1:ell,uioR ol t his .-!lgre .. 1lle11t. ffl' ~e•t~tt~tHhffWf, htle te tl\e Vetiiae-sbaH-tftttn~lia«'iy-t-fil~f-baaH()-bf4f-a-Hheco.• t or $1 ,00--whet:ehy-.. ~~r owns tl~e-V@hicl e .is it& 6 ole atKl5@t)ilFilt~:ty . ..a.23.Sybscguepr Ry,:ntf. In the event that compliance with subsequent statutes, ordinances, and/or rules and regulations, including but not limited to California's state mandated minimum wage, results in changes in operating costs or in the event that increased services are required due to population growth or significant growth in the number of stray animals, the parties hereto agree to make a good faith effort to renegotiate this contract so that the compensation herein shall reflect such change. ~ .a N,tjc;t$. In addition to all other notices provided for herein, City agrees that it shall give Society written notice of any ordinances, resolutions, or any regulation changes contemplated by it relating to any matters affecting Society's performance and/or functions under the terms and conditions ofthisAgreement.

Written notices to the City shall be given by registered or certified mail, postage prepaid, and addressed to:

City Manager
City of Anderson
1887 Howard Street
Anderson, CA 96007
Written notices to the Society shall be given by registered or certified mail, postage prepaid, and addressed to:

Chief Executive Officer
Haven Humane Society
P.O. Box 992202
Redding. CA 96099-
2202
Contract Between the City of Anderson
And Haven Humane Society. Inc
Appnwed
75 a. The Society shall report monthly to the City a detailed report of the services provided. This shall include the number of stray /deceased animals picked up, the number of calls responded to, the locations, the time/number of animals held by the Society, and identification of any problem areas or issues identified by the Society in providing the service required pursuant to this Contract.
b. The Society shall provide to the City Manager copies of its annual audited financial reports covering the period of this Contract. If the Society fails to submit an annual audited financial report, then the preparer of the unaudited report shall satisfy the City's Finance Officer as to the reasonableness, accuracy, and completeness of said unaudited report.
z.s.26. Mil l»t:s:uauce And I osi;,ectiau arBesor4&
a. The Society shall maintain and preserve all such records for a period of at least three years after termination of the contract or until an audit has been completed and accepted by the highest governmental authority involved and all questions and disputes arising from the audit have been resolved. b. Upon written notice by City, the Society shall promptly make all such records available to auditors or other representatives of the City. The Society shall also cooperate with such auditors and representatives in auditing, excerpting, reproducing, and transcribing the records.
u.. 27 .C,OmgJabtts.
a. The Society and the City agree that all complatnts about service provided by the Society pursuant to this contract shall be directed immediately to Society's Chief Executive Officer or Chief of Operations. It shall be the responsibility of the Society to conduct such inv(!stigations as may be necessary and to take appropriate action to resolve complaints and provide follow up to the City.
b. The Society agrees that as part of the monthly report to the City, the number of written complaints received from City residents, the types of complaints, and the
C'onlract Be1ween the City of Anderson
And Ha\'en Humane Societ). Inc,
AppJO\'ed
76 resolution of those complaints shall be included. All citizen complaints must be received in • writing. The Society and the City recognize the requirements of State law regarding confidentiality of personnel records and agree that -these reports shall not violate such laws.

N.28, Non-Assigpment Qav,e. The Society cannot assign or delegate or otherwise transfer this Contract or the rights or duties contained herein to any individual, person, or legal entity otherwisewithoutthewritten consentoftheCity.

Ul-2,9,Amgpdmcut. This Agreement may be modified and amended at any time during its term or any extension thereof by written mutual agreement of the parties. The City and the Society understand and agree that this Agreement may not be altered, amended, modified, or otherwise changed in any respect or any particular whatsoever, except in writing, duly executed by the authorized representatives of the City and the Society. ~lO,Sogety Jm&e1umdent Contractor. Nothing in this Agreement shall be deemed or construed to create or constitute a partnership or joint venture or an agency relationship between the parties hereto. Further, Society is, with respect to City, its officers, agents, and employees, an independent contractor and not an officer, agent, or employee of the City or any of its officers, agents, or employees.
;w,,31.Jermjnatjons. In the event the Society or City violates the prov1s1ons of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control. and such violation is not cured or remedied within sixty (60) days after notice thereof by the Society or the City, in addition to any other remedies provided for in the Agreement. the Society or the City shall have the right to terminate this Agreement for cause by written notice duly served upon the Society or the City. All provisions of this contract shall be considered material, :ii.Jl,Adyke :9( Counsel- The City and the Society each warrants, represents, and agrees that in executing this Agreement, the same is done with full knowledge of any and all rights which such party has or may have. with respect to the terms oft his Agreement, and that such party has received independent legal advice from disinterested attorneys at law with respect to the matters set forth herein, and with respect to all the rights and claims arising out of or in connection with this Agreement.
3-b33, Governine: t,ut- This Agreement shall be interpreted, -construed,- governed, and enforced under, and pursuant to the laws of theState of California. ~ -14: Prgylslons Sevenhle. The provisions of this Agreement are contractual, not mere recitals. and shall be considered severable such that if any provision or part thereof shall at any time be held under any law or ruling to be invalid, such provision or part thereof shall remain in force to the extent allowed by law, and all other provisions shall remain in full force and effect and enforceable.

C-omrnct Bc1wcen the C'ity of Anderson
And Haven Humane Society. Inc.

Appro,·ed __ .__
(_Formatted: Indent Left 0.11•
( Formatted: Ju~tifo!d
77 64-35. &cs apd Cg:;t:s- If either the City or the Society commences any action or other proceeding to enforce or interpret this Agreement, including any action to reform, rescind, or in any manner affect the provisions of this Agreement, or in the event a dispute arises out of the duties and obligations set forth herein, the prevailing party shall be entitled to all costs incurred in connection therewith including, but not limited to, reasonable attorney's fees. ~36;Jim@ o(the: Essenoo. Time is of the essence in the performance of each and every term and condition of this Agreement.
~ 32'. CaPlWDI· The captions and headings of this Agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions hereof.

J.h38. Authority. The undersigned hereby represent and warrant to each other that they have the legal capacity and authority to enter into this Agreement, and that the undersigned have the sole right and exclusive authority to execute this Agreement. ~JC), EQtirtAeree:meot. This Agreement contains the entire agreement relative to Animal Regulation Services between the City and the Society and supersedes any and all prior oral and/or written Agreements and/or drafts of Agreements. It is expressly agreed between the City and the Society that no inference of any kind may be made or drawn, nor evidence introduced, in any subsequent proceeding to enforce any provision hereof from any prior oral or written agreements or drafts of agreements. Notwithstanding the preceding, the agreement for Animal Disposition Services dated February 13, 2013 and amended March 1, 2016 to include Dog Licensing Services, shall remain in full force and effect. iW,40, Bjndlpe Aa:teemept. This Agreement and all of its terms and conditions shall inure to the benefit of, and be binding upon, all of the parties hereto their successors and/or assignees.
4il&CEQA. The City has determined that this matter is not subject to the provisions of the California Environmental Quality Act sjnce ii is nm a "project as defined pursuam to that statutory scheme,
4-l.42. Dat;e of Agreement. The date of this agreement is the date that the City signs.

Contract Between the Cit) of Anderson
And Ha\'en Humane Society. Inc.

Appro,'C'd ___ • ---
78 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

Dated: ____ _

CITY OF ANDERSON
A Municipal Corporation
J,!rr Ki~erhlf~B1i::.-e.th. De~ City
Manager
ATTEST:

Christy White, City Clerk
Collin Bogener
City Attorney
Attachments
Exhibit A Scope of Ser vice
Conlract_ Between_ the_ City of Anderson
And Haven Humane Socict}, Inc.

CONSULTANT

HAVEN HUMANE SOCIETY
Mark Sterreyfim l&w1s
Chief Executive Officer
Taxpa y@r ID No: (on file with Finance)
Approved - ·- -
( Formatted: Indent Left: 0.02"
{jormatt~ : Indent Left: 0.02·
( Formatted: Indent Left: o·
( Formatted: Indent Left: O"
( Formatted: Space Before: _o_.4_p_t ------~
1 " Formatted: Indent Left: o·
! Formatted: Justified, Indent Left: 0.01·
, Formatted: Indent Left: 0.01" J
! Formatted: Indent Left: 0.02• ___ ]
79 EXHIBIT A
Scope of Service

1. The Society shall enforce the provisions of Title 6 of the Anderson Municipal Code as well as all state and federal laws that affect animal regulation within the city limits of the City of Anderson. This mdmle-s~ fa41ilili.0Jlllf~··comrnm1.i.tY Ci\! er-~· as.5e.tfortb io Chapter (:,.33 oft he /lnder:;on Munimrnl Code.

2. The Society shall attempt to prevent and eliminate the cruel treatment of animals.

The Society is under no obligation to conduct or in any way condone wild animal trapping. Any animal trapping activity undertaken at the discretion of the Society shall be in the best interest of the animal(s) within the law and subject to approval by the appropriate jurisdiction(s).

3. The Society shall respond to each request for service in a prompt and courteous fashion. The Society shall determine if the request for service is within the scope of this Agreement. If it is, the Society shall classify the request for service as EMERGENCY, PRIORITY, OR ROUTINE. The request for service shall be deemed an emergency request if human or animal safety is immediately threatened or already occurred. A priority request is characterized by a potential threat to human or animal safety. All other requests for service that are not classified as an emergency or priority shall be deemed to be a routine request.

The Society shall use its best efforts to respond on site to emergency requests made between the hours of 8:00 a.m. and 5:00 p.m., excluding designated holidays, within thirty-five {35) minutes.

The Society shall use its best efforts to respond to routine, non-emergency -requests within four ( 4) hours during normal business hours. Routine, non-emergency requests include, but are not limited to, barking dogs, stray animals, nuisance complaints, and other violations of Title 6 of the Anderson Municipal Code that do not pose an immediate threat to human or animal safety.

4. The Society shall provide shelter services for all duly impounded animals and shall properly dispose of dead animals as required bylaw.

5. The Society shall maintain a sanitary, secure, and humane shelter for all animals duly accepted into the shelter.

6. The Society shall retain each impounded stray animal for not less than the minimum period prescribed by law. Society shall use its best efforts to contact the owner of the animal before any disposition of the animal. The disposition ofill and injured animals of unknown ownership may be made pursuant to the provisions of Section 597 (I) and/or
597.1 of-the California Penal Code.

7. Animal shelter visiting hours shall include, at a minimum, a period of six hours each day, five days per week, one of which must be a Saturday, but need not include holidays
80 Observed -by the City. The Society and the City shall mutually agree on appropriate beginning and ending times.

8. Normal business hours for animal regulation services shall be Monday through Friday 8:00 a.m. to 5:00 p.m. not to include Society observed holidays.

9. The Society shall maintain a place of business that is within ten (10) miles of the City of Anderson city limits and which can be easily accessed by the public. The Society shall also establish and maintain a telephone number for the public to call and request service. A designated and separate telephone number shall be identified for City animal regulation enforcement services.

10. The Society shall maintain a set ofrecords regarding daily activities (e.g., number of calls received, number of animals impounded, etc.}. The Society and the City shall mutually agree on the content of these records.

11. The Society shall be responsible for providing all personnel and materials required to perform this Agreement including. but not limited to, patrol personnel, dispatch personnel, office personnel, vehicles, equipment, cages, uniforms, and other operating materials and supplies. The Cityagrees to furnish the Society with a sufficient quantity of citation forms to perform this service.

12. The City shall be responsible for scheduling and conducting Dangerous Dog Hearings in a timely manner pursuant to an administrative hearing process as prescribed by Section

6.28.035 of the Anderson Municipal Code. The Society shall provide assistance to the City in regard to facts, findings, and recommendations to be considered in said hearings. All required communications and administrative procedures necessary to the due process of dangerous dog hearings shall be undertaken by and be the sole responsibility of the City. The Society shall provide field follow-up and monitoring services related to compliance with any mandates resulting from dangerous dog hearings.

13. Upon request, the City shall provide the Society with reasonable law enforcement, code enforcement, and technical assistance as may be required to carry out its animal regulation enforcement responsibilities. Upon request of the City Manager, Society shall appear at City Council Meetings to report on matters germane to Societies performance of animal regulation activities, which shall not occur more than 2·4 times a year, and only as needed.

14. Animal regulation activities associated with extraordinary cases involving multiple animals, which often involve collectors and aberrant behavior, are not provided for in this Agreement. These cases, where the number of animals may exceed shelter capacity, minimum holding requirements, or the six (6} animals allowed for by ordinance, present extraordinary demands on the Society. These circumstances require a case-by-case working agreement between the Society and the City. When possible, the City and the Society shall mutually agree upon the amount of additional compensation that the City will pay the Society for such cases prior to any enforcement action
81 15. In order to provide animal regulation and shelter services in the most efficient and cost effective manner possible, the City and the Society agree that it is desirable to consistently share pertinent information including property-related information maintained by the City and violation information maintained by the Society. To that end, the City shall to the fullest extent allowable by law provide the Society with the information in its GIS mapping files. The Society shall to the fullest extent allowable by law provide the City with violation information in its files upon request. The City and -the Society shall work together to develop an efficient method to share this information electronically.
82 83

CONTRACT AMENDMENT BETWEEN THE CITY OF
ANDERSON AND HAVEN HUMANE SOCIETY, INC.

Amendment #3
THIS THIRD AMENDMENT TO THE CONTRACT by and between the CITY OF ANDERSON, a municipal corporation, herein referred to as "the City" and HAVEN HUMANE SOCIETY, a charitable nonprofit corporation duly organized and existing under and by virtue of the laws of the State of California, herein referred to as "the Society" Is entered into on the date set forth below.

WITNESS ETH:

WHEREAS, the City Council of the City of Anderson is empowered by the State of California to appropriate and expend money from City funds for Animal Regulation Services in the Anderson city limits, and
WHEREAS, the City desires to provide Animal Regulation Services within the incorporated areas of Anderson for the purpose of enforcing the provisions of Title 6 of the Anderson Municipal Code and applicable sections of State Code, and WHEREAS, the City has for many years contracted with the Society to serve as the City's appointed agency to provide animal sheltering services, and the City does not have sufficient personnel to perform the functions herein, and
WHEREAS, the City desires to use the administrative services, physical plant, equipment, facilities, and supplies of the Society in the enforcement of animal regulations within the city limits, and the City further desires that the Society exercise the powers and duties for animal regulation services as set forth in Title 6 of Anderson Municipal Code ("Code") as amended from time to time, and
WHEREAS, the Society has performed and shall continue to perform its regular functions of prevention of cruelty to animals (as contemplated by Corporations Code Section 14501, et seq.), protection of animals from suffering and fear, and promoting animal welfare by the following means, among others:
a. By education of the public on matters concerning the needs and care of animals; b. By the investigation of alleged cases of abuse or neglect of animals and their prosecution when necessary;
c. By rehabilitation of homeless or unwanted animals through supervised and screened adoption placements;
d. By researching and recommending ordinance augmentations and changes; and e. By the promotion of sterilization spaying and neutering to reduce the overpopulation of cats and dogs.
f. Facilitate the City's "Community Cat Program" as set forth in Chapter 6.33 of the Anderson Municipal Code.

These functions are apart from and separate from the functions the Society shall perform under this agreement except where such functions may overlap or may for convenience be joined, and
84 WHEREAS, the Society represents itself as qualified and able to provide required services and desires to continue providing services, supplies, materials, and use of its plant equipment and facilities in the enforcement and performance of said powers and duties for the remuneration herein stated.

NOW, THEREFORE, the parties hereto agree as follows:

1. Animal Beeulation services. The City hereby authorizes, directs, and empowers the Society to perform all the powers and duties confirmed and imposed by local ordinance and applicable state laws as they may be amended from time to time during the term of this Agreement. The Society shall act and provide animal regulation services pursuant to the powers set forth in Title 6 of the Anderson Municipal Code. Further, the Society agrees to perform the animal regulation related work set forth in the Scope of Services attached hereto and incorporated herein as Exhibit A and Exhibit B.

2. Iecm, The services provided pursuant to this Contract shall begin on February 1, 2026, and end January 31, 2029

3. Both parties agree to meet prior to September 30 of each year, while this contract remains in effect, to review contract costs and scope. It is agreed that the Society or City may request changes at that time to both the scope of services and/or costs. Costs of any modifications or added services or reduction in services shall be negotiated in good faith.

Nothing in this contract shall be construed to require the Society to provide Animal Regulation Services beyond January 31, 2029. Subsequent to the initial term, as outlined, this contract may be extended for additional periods not to exceed twelve months ( contract extension). Each contract extension will require a separate amendment outlining consideration and any additional terms and/or requirements that will be in effect for said contract extension. The number of contract extensions is not limited by this original contract.

4. Patrol services. The Society recognizes the importance of both responding to calls for service and proactive approaches to animal regulation problems. The Society agrees to provide one 40 hour per week staff and equipment as needed to address specific animal regulation problems within the City. This shall include directed patrol at locations identified by either the City or the Society as presenting issues relevant to animal regulation and public safety. Moreover, Society agrees that a certain amount of time each week shall be spent in patrolling the City. The Society and the City shall agree upon a reasonable amount of time and manner of patrolling. The Society recognizes the value and importance of neighborhood officer recognition and public confidence. The Society will endeavor to foster positive public relations and officer familiarity throughout the City.

5. Dispatch. Requests for animal regulation service may be received directly at the Society dispatch center Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.

6. Response Time. Both the City and the Society recognize the importance of a prompt response time structure within limited resources. The following schedule shall apply:

The Society, through its dispatch policies, shall establish categories of requests for service (i.e., emergency, priority, routine) per the Scope ofServices. a. The Society shall make every effort to respond to emergency calls and arrive on scene within thirty-five (35) minutes of receipt of such calls during regular business hours.
85 b. The Society shall respond to priority calls as defined by the scope of service before responding to routine calls.
c. The Society shall respond to any routine call within four hours of receipt or by scheduling an appointment with the requesting party.
d. The Society and the City recognize that in the event of a natural disaster or any other significant emergency, these times may be expanded.

7. Pick-up Service. The Society agrees to pick up and impound stray animals, to pick up and impound any other animal within the City that may be lawfully impounded upon the request of any resident acting in good faith, and to enforce all Code provisions and state laws pertaining to impounding of animals by court proceedings if necessary. If no vacancy exists at the City Shelter then Society will not be required to impound the animal pursuant to this section, but will make best efforts to comply to the extent possible.

8. Apimal Bites. With respect to known animal bites, the Society agrees to investigate and, where appropriate, quarantine animals at the owner's residence, or pick up and hold in quarantine animals involved in biting incidents. Officers shall exercise discretion as to whether the animal(s) will be properly quarantined at the owner's residence or taken into custody and quarantined in the interest of public safety.

9. Pick-up service Hours. In addition to pick-up services incidental to routine patrol service, the Society agrees to provide the following service in response to telephone or other verbal requests:
a. To pick up any stray animal at any time during regularly scheduled operating hours pursuant to a request from a Police Officer or City Official; For purposes of this Agreement, .. stray animal" is defined as ( 1) street animals that are born and reproduce on the street and have never been owned, or (2) abandoned animals no longer being fed or housed by any person;
c. Pick up stray animals of unknown ownership (that are sick or injured) during the time of regular scheduled patrol upon request of residents acting in good faith within the corporate city limits served by this Contract; and d. Pick up sick or injured animals during times of regular scheduled patrol upon the request of animal owners without transportation or any means of obtaining veterinary medical care.

10. Ipvestieatiops. The Society agrees to investigate all complaints of animal cruelty or neglect brought to the attention of the Society, as well as complaints for barking and or excessive nuisancenoiserelatingtodogsandotheranimals.

Contract Amendment Between the City of Anderson
And Haven Humane Society, Inc. Approved _, __
86 11. Deceased Animals. The Society agrees to pick up and dispose of any dead animal of unknown ownership found on public streets and roadways within the corporate city limits.

Known owners shall be responsible for disposition of dead animal(s) from private property within the City. The Society will pick up and properly dispose of all dead wild animals from public streets and public or private property within the corporate city limits.

12. Animal Regulation Officer. The Society agrees to pay for the services of such Animal Regulation Officers as it shall appoint.

13. City Shelter Function. The Society agrees to furnish and maintain during the term of this contract, a building or enclosure to serve as the "City Shelter" which shall be suitable for the keeping and safe holding therein of all animals that are by law subject to impound. The Society will provide adequate shelter care and emergency veterinary services at the Society's shelter, on behalf of the residents of the City of Anderson.

14. Vaccination Clinics. The Society holds at least one low-cost vaccination clinic during the course of the year. The Society agrees to provide staffing, including at least one Animal Regulation Officer to assist during the clinic.

15. Animal Regulation Governance. The City shall not impose an animal welfare commission or any other subcommittee or governing entity for the purpose of contract oversight program recommendations or conditions. The Society agrees to cooperate fully with the City including the attendance at all scheduled meetings to provide data and ensure open communication. To evaluate the animal regulation program and determine necessary modifications or additional services provided by this contract, the City and the Society shall conduct an annual evaluation of the contract on or before September 30 of each year.

16. Citations. The Society agrees to have at least one of its animal regulation officers qualified as a humane officer pursuant to Section 14502 of the California Corporations Code.

The Society shall strive to have all other officers so qualified as is practical. All qualified animal regulation officers may issue citations or notices to appear in court as prescribed by state law for any violations of state or local animal regulation laws occurring within the City, including but not limited to violations of Title 6 of the Municipal Code. The City agrees to furnish the Society with a sufficient quantity of citation forms to perform this service.

17. Health Department Quarantine. The Society agrees to pick up, accept, care for, and maintain in custody any animal from within corporate city limits to be held for observation by the City or County Health Department and to maintain such animal(s) in an individual kennel away from public contact or contact with other animals during the time so held or as the City or County Health Officer may direct.

18. Community Cat Program. The Society agrees to facilitate the Community Cat Program as set forth in Chapter 6.33 of the Anderson Municipal Code. 87 19. Collection of Fees.
a. Before delivering an impounded animal into the hands of its alleged owner, the Society will:

1. Satisfy itself as to the owner's identity and right of claim; and

2. Collect and provide a receipt for the redemption and maintenance fees as prescribed by City Ordinance and/ or State Law.
b. Any animal impounded pursuant to this Agreement and found without a current license shall not be released to any person prior to purchasing a license pursuant to City Policy, City Ordinance, and/or State Law. c. The Society will keep a timely, complete, and accurate set of books showing the revenues, expenses, and related financial transactions pertinent to contracted animal regulation and shelter services. Such records and accounts will be made available at the Society's place of business for examination at all reasonable times by authorized representatives of the City. Nothing in this Agreement is intended, or shall be construed, to prevent the Society from soliciting or accepting donations from any person or organization toward defraying the costs of the Society's charitable activities.

20. Insurance.
a. Unless modified in writing by City's Risk Manager, Society shall maintain the following noted insurance during the duration of the Contract:

Coverage Reguired Not Reguired
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability Errors and Omissions X
b. Coverage shall be at least as broad as:

1. Insurance Services Office form number CG~000l, Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury, and propertydamage;
Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ , __ _
88 2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance which provides for total limits of not less than $2,000,000 combined single limits per accident applicable to all owned, non-owned, and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $2,000,000 per occurrence;
c. The General Liability and Automobile Liability policies are to contain or be endorsed to contain the followingprovisions:

1. City, its elected officials, officers, employees, agents, and volunteers are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Society; premises owned, leased or used by Society; or automobiles owned, leased, hired, or borrowed by Society. The coverage shall contain no special limitations on the scope of protection afforded to City its elected officials, officers, employees, agents, and volunteers.

2. The insurance coverage of Society shall be primary insurance as respects City, its elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents, and volunteers shall be in excess of Society's insurance and shall not contribute with it.

3. Coverage shall state that the insurance of Society shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to City. In addition, Society agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days' prior written notice has been given to City. e. Insurance is to be placed with insurers with a current AM Best's rating of no less than A-VII.

Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved _ ,
89 f. Society shall designate the City of Anderson as a Certificate Holder of the insurance. Society shall furnish City with certificates of insurance and original endorsements affecting the coverage required by this clause. Certificates and endorsements shall be furnished to 1887 Howard Street, Anderson, California 96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf.

All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services.
g. The requirements as to the types and limits of insurance coverage to be maintained by Society as required by this Contract and any approval of said insurance by City are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Society pursuant to this Contract, including without limitation provisions concerning indemnification.
h. If any damage, including death, personal injury, or property damage, occurs in connection with the performance of this Contract, Society shall immediately notify City's Risk Manager by telephone at 530-378-6646 (City Clerk's Telephone Number). No later than three (3) calendar days after the event, Society shall submit a written report to City's Risk Manager containing the following information as applicable: (1) name and address of injured or deceased person(s);
(2) names and addresses of witnesses; (3) name and address of Society's insurance company; and ( 4) a detailed description of the damage and whether any City property was involved.

21. Indemnification and Hold Harmless.

1. City agrees to indemnify, defend, and hold harmless Haven and Haven's elected and appointed officers, employees, and agents from and against any and all liability and expense, including but not limited to any damages, fines, penalties, defense costs (attorney fees included), or other monetary or equitable loss that arises in any way, or is connected in any way, to the performance of this agreement, or any act or omission of the City its officers, employees and agents.

2. Haven agrees t_o indemnify, defend and hold harmless City, and City's elected and appointed officers, employees, and agents from and against any and all liability and expense, including but not limited to any damages, fines, Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ , __ _
90 penalties, defense costs (attorney fees included), or other monetary and/or equitable loss that arises in any way, or is connected in any way, to the performance of this agreement or any acts and omissions of Haven, its officers, employees and agents.

3. Upon termination of this contract, the parties shall continue to indemnify, defend and hold harmless each other for all claims and losses as heretofore provided and arising during the time this contract was in effect.

22. Consideration for Services. In consideration of the agreements and understandings to be performed by the Society, the City agrees to pay the Society a total sum as follows:
l. ONE-HUNDRED TWENTY-ONE THOUSAND FOUR-HUNDRED EIGHTY EIGHT DOLLARS AND FOURTEEN CENTS ($121,488.14) paid in equal installments over the first year of this amendment (months 1-12). Each monthly installment shall be paid on or before the 5th day of each calendar month with the first payment occurring on before March 5, 2026;

2. ONE HUNDRED TWENTY-FIVE THOUSAND THIRTY NINE DOLLARS AND EIGHTEEN CENTS ($125,039.18) paid in equal installments over the second year of this amendment (months 12-24) with each payment to be made on or before the Sthdayof each calendar month;

3. ONE HUNDRED TWENTY EIGHT THOUSAND SIX HUNDRED NINETY ONE DOLLARS AND THIRTY FIVE CENTS ($128,691.35) paid in equal installments over the third year of thisagreement (months 25-36) with each payment to be made on or before the 5th day of each calendar month.

If for any reason the payment is to be delayed beyond the fifth of each month, the City shall provide the Society prior notice and indicate a firm date for receipt of payment.

23. Subsequent Eyents. In the event that compliance with subsequent statutes, ordinances, and/or rules and regulations, including but not limited to California's state mandated minimum wage, results in changes in operating costs or in the event that increased services are required due to population growth or significant growth in the number of stray animals, the parties hereto agree to make a good faith effort to renegotiate this contract so that the compensation herein shall reflect such change.

24. Notices. In addition to all other notices provided for herein, City agrees that it shall give Society written notice of any ordinances, resolutions, or any regulation changes contemplated by it relating to any matters affecting Society's performance and/or functions under the terms and conditions of this Agreement.

Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved
91 Written notices to the City shall be given by registered or certified mail, postage prepaid, and addressed to:

City Manager
City of Anderson
1887 Howard Street
Anderson, CA 96007
Written notices to the Society shall be given by registered or certified mail, postage prepaid, and addressed to:

Chief Executive Officer
Haven Humane Society
P.O. Box 992202
Redding, CA 96099-
2202
Contract Between the City of Anderson
And Haven Humane Society. Inc.

Approved __ ,__ _
92 25. Reports.
a. The Society shall report monthly to the City a detailed report of the services provided. This shall include the number of stray /deceased animals picked up, the number of calls responded to, the locations, the time/number of animals held by the Society, and identification of any problem areas or issues identified by the Society in providing the service required pursuant to this Contract.
b. The Society shall provide to the City Manager copies of its annual audited financial reports covering the period of this Contract. If the Society fails to submit an annual audited financial report, then the preparer of the unaudited report shall satisfy the City's Finance Officer as to the reasonableness, accuracy, and completeness of said unaudited report.

26. Maintenance And Inspection ofRecords,
a. The Society shall maintain and preserve all such records for a period of at least three years after termination of the contract or until an audit has been completed and accepted by the highest governmental authority involved and all questions and disputes arising from the audit have been resolved. b. Upon written notice by City, the Society shall promptly make all such records available to auditors or other representatives of the City. The Society shall also cooperate with such auditors and representatives in auditing, excerpting, reproducing, and transcribing the records.
2 7. Complaints.
a. The Society and the City agree that all complaints about service provided by the Society pursuant to this contract shall be directed immediately to Society's Chief Executive Officer or Chief of Operations. It shall be the responsibility of the Society to conduct such investigations as may be necessary and to take appropriate action to resolve complaints and provide follow up to the City.
b. The Society agrees that as part of the monthly report to the City, the number of written complaints received from City residents, the types of complaints, and the
Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ ,__
93 resolution of those complaints shall be included. All citizen complaints must be received in writing. The Society and the City recognize the requirements of State law regarding confidentiality of personnel records and agree that these reports shall not violate such laws.

28. Non-Assi1mment Clause. The Society cannot assign or delegate or otherwise transfer this Contract or the rights or duties contained herein to any individual, person, or legal entity otherwisewithoutthewrittenconsentoftheCity.

29. Amendment. This Agreement may be modified and amended at any time during its term or any extension thereof by written mutual agreement of the parties. The City and the Society understand and agree that this Agreement may not be altered, amended, modified, or otherwise changed in any respect or any particular whatsoever, except in writing, duly executed by the authorized representatives of the City and the Society.

30. Society Independent Contractor. Nothing in this Agreement shall be deemed or construed to create or constitute a partnership or joint venture or an agency relationship between the parties hereto. Further, Society is, with respect to City, its officers, agents, and employees, an independent contractor and not an officer, agent, or employee of the City or any of its officers, agents, or employees.

31. Terminations. In the event the Society or City violates the prov1s10ns of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control, and such violation is not cured or remedied within sixty (60) days after notice thereof by the Society or the City, in addition to any other remedies provided for in the Agreement, the Society or the City shall have the right to terminate this Agreement for cause by written notice duly served upon the Society or the City. All provisions of this contract shall be considered material.

32. Advice of Counsel. The City and the Society each warrants, represents, and agrees that in executing this Agreement, the same is done with full knowledge of any and all rights which such party has or may have, with respect to the terms of this Agreement, and that such party has received independent legal advice from disinterested attorneys at law with respect to the matters set forth herein, and with respect to all the rights and claims arising out of or in connection with thisAgreement.

33. Governina: Law. This Agreement shall be interpreted, construed, governed, and enforced under, and pursuant to the laws of the State of California.

34. Provisions Severable. The provisions of this Agreement are contractual, not mere recitals, and shall be considered severable such that if any provision or part thereof shall at any time be held under any law or ruling to be invalid, such provision or part thereof shall remain in force to the extent allowed by law, and all other provisions shall remain in full force and effect and enforceable.

Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved __ , __
94 35. fees and Costs. If either the City or the Society commences any action or other proceeding to enforce or interpret this Agreement, including any action to reform, rescind, or in any manner affect the provisions of this Agreement, or in the event a dispute arises out of the duties and obligations set forth herein, the prevailing party shall be entitled to all costs incurred in connection therewith including, but not limited to, reasonable attorney's fees.

36. Time of the Essence. Time is of the essence in the performance of each and every term and condition of this Agreement.

37. Captions. The captions and headings of this Agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions hereof.

38. Authority. The undersigned hereby represent and warrant to each other that they have the legal capacity and authority to enter into this Agreement, and that the undersigned have the sole right and exclusive authority to execute this Agreement.

39. Entire A&reement. This Agreement contains the entire agreement relative to Animal Regulation Services between the City and the Society and supersedes any and all prior oral and/or written Agreements and/or drafts of Agreements. It is expressly agreed between the City and the Society that no inference of any kind may be made or drawn, nor evidence introduced, in any subsequent proceeding to enforce any provision hereof from any prior oral or written agreements or drafts of agreements. Notwithstanding the preceding, the agreement for Animal Disposition Services dated February 13, 2013 and amended March 1, 2016 to include Dog Licensing Services, shall remain in full force and effect.

40. Bindine Aereement. This Agreement and all of its terms and conditions shall inure to the benefit of, and be binding upon, all of the parties hereto their successors and/or assignees.

41. .c.EQA. The City has determined that this matter is not subject to the provisions of the California Environmental Quality Act since it is not a "project" as defined pursuant to that statutory scheme

42. Date o(Aereement. The date of this agreement is the date that the City signs.

Contract Between the City of Anderson
And Haven Humane Society, Inc.

Approved --·---
95 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

Dated: ____ _

CITY OF ANDERSON
A Municipal Corporation
Joey Forseth-Deshais, City Manager
ATTEST:

Christy White, City Clerk
Collin Bogener
City Attorney
Attachments
Exhibit A • Scope of Service
Contract Between the City of Anderson
And Haven Humane Society, Inc.

CONSULTANT

HAVEN HUMANE SOCIETY
Jim Lewis
Chief Executive Officer
Taxpayer ID No: (on file with Finance)
Approved ___ , __
96 EXHIBIT A
Scope of Service

1. The Society shall enforce the provisions of Title 6 of the Anderson Municipal Code as well as all state and federal laws that affect animal regulation within the city limits of the City of Anderson. This includes the facilitation of the "Community Cat Program" as set forth in Chapter 6.33 of the Anderson Municipal Code.

2. The Society shall attempt to prevent and eliminate the cruel treatment of animals.

The Society is under no obligation to conduct or in any way condone wild animal trapping. Any animal trapping activity undertaken at the discretion of the Society shall be in the best interest of the animal(s) within the law and subject to approval by the appropriate jurisdiction(s).

3. The Society shall respond to each request for service in a prompt and courteous fashion. The Society shall determine if the request for service is within the scope of this Agreement. If it is, the Society shall classify the request for service as EMERGENCY, PRIORITY, OR ROUTINE. The request for service shall be deemed an emergency request if human or animal safety is immediately threatened or already occurred. A priority request is characterized by a potential threat to human or animal safety. All other requests for service that are not classified as an emergency or priority shall be deemed to be a routine request.

The Society shall use its best efforts to respond on site to emergency requests made between the hours of 8:00 a.m. and 5:00 p.m., excluding designated holidays, within thirty-five (35) minutes.

The Society shall use its best efforts to respond to routine, non-emergency requests within four ( 4) hours during normal business hours. Routine, non-emergency requests include, but are not limited to, barking dogs, stray animals, nuisance complaints, and other violations of Title 6 of the Anderson Municipal Code that do not pose an immediate threat to human or animal safety.

4. The Society shall provide shelter services for all duly impounded animals and shall properly dispose of dead animals as required bylaw.

5. The Society shall maintain a sanitary, secure, and humane shelter for all animals duly accepted into the shelter.

6. The Society shall retain each impounded stray animal for not less than the minimum period prescribed by law. Society shall use its best efforts to contact the owner of the animal before any disposition of the animal. The disposition of ill and injured animals of unknown ownership may be made pursuant to the provisions of Section 597 {f) and/or
597.1 of the California Penal Code.

7. Animal shelter visiting hours shall include, at a minimum, a period of six hours each day, five days per week, one of which must be a Saturday, but need not include holidays
97 Observed by the City. The Society and the City shall mutually agree on appropriate beginning and ending times.

8. Normal business hours for animal regulation services shall be Monday through Friday 8:00 a.m. to 5:00 p.m. not to include Society observed holidays.

9. The Society shall maintain a place of business that is within ten (10) miles of the City of Anderson city limits and which can be easily accessed by the public. The Society shall also establish and maintain a telephone number for the public to call and request service. A designated and separate telephone number shall be identified for City animal regulation enforcement services.

10. The Society shall maintain a set ofrecords regarding daily activities (e.g., number of calls received, number of animals impounded, etc.). The Society and the City shall mutually agree on the content of these records.

11. The Society shall be responsible for providing all personnel and materials required to perform this Agreement including, but not limited to, patrol personnel, dispatch personnel, office personnel, vehicles, equipment, cages, uniforms, and other operating materials and supplies. The City agrees to furnish the Society with a sufficient quantity of citation forms to perform this service.

12. The City shall be responsible for scheduling and conducting Dangerous Dog Hearings in a timely manner pursuant to an administrative hearing process as prescribed by Section

6.28.035 of the Anderson Municipal Code. The Society shall provide assistance to the City in regard to facts, findings, and recommendations to be considered in said hearings. All required communications and administrative procedures necessary to the due process of dangerous dog hearings shall be undertaken by and be the sole responsibility of the City. The Society shall provide field follow-up and monitoring services related to compliance with any mandates resulting from dangerous dog hearings.

13. Upon request, the City shall provide the Society with reasonable law enforcement, code enforcement, and technical assistance as may be required to carry out its animal regulation enforcement responsibilities. Upon request of the City Manager, Society shall appear at City Council Meetings to report on matters germane to Societies performance of animal regulation activities, which shall not occur more than 2-4 times a year, and only as needed.

14. Animal regulation activities associated with extraordinary cases involving multiple animals, which often involve collectors and aberrant behavior, are not provided for in this Agreement. These cases, where the number of animals may exceed shelter capacity, minimum holding requirements, or the six (6) animals allowed for by ordinance, present extraordinary demands on the Society. These circumstances require a case-by-case working agreement between the Society and the City. When possible, the City and the Society shall mutually agree upon the amount of additional compensation that the City will pay the Society for such cases prior to any enforcement action
98 15. In order to provide animal regulation and shelter services in the most efficient and cost effective manner possible, the City and the Society agree that it is desirable to consistently share pertinent information including property-related information maintained by the City and violation information maintained by the Society. To that end, the City shall to the fullest extent allowable by law provide the Society with the information in its GIS mapping files. The Society shall to the fullest extent allowable by law provide the City with violation information in its files upon request. The City and the Society shall work together to develop an efficient method to share this information electronically.
99 AGENDA ITEM
ianuary 20, 2026, City Council Meeting!
or Submittal By:

To
Joe
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: January 20, 2026

I SUBJECT
Amendments to the Memorandum of Understanding with the Anderson Police Officers Association

I RECOMMENDATION
The City Manager recommends that the City Council:

1. Receive a staff report;

2. Receive public comment;

3. Adopt a Resolution approving amendments to the Memorandum of Understanding (MOU)

I FISCAL IMPACT
The fiscal impact is approximately $27,000 on an annual basis.

I DISCUSSION and BACKGROUND
In accordance with State law, representatives of the City and representatives of the Anderson Police Officers Association (APOA), have met and conferred in good faith to reach an agreement on an one (1) year labor contract which will expired on December 31, 2026.

A summary highlighting the main changes in the provisions of the agreement are listed below.

ITEM 8.3c PAGE1 1/20/2026
100
Effective Date: January 1, 2026
Term: One (1) year term ending December 31, 2026
Salary: No proposed increases.

Article 11.2 added: Creating an initial step placement on the pay scale for lateral officers based upon their time served as a California POST certified Peace Officer.

Article 11.10 amended: Removing SERT Officer and adding Bike Officer, SWAT, and CNT to the list of duties receiving a five (5%) upgrade while engaged in such duties.

Article 12.4(b) amended: Increased maximum accumulation of compensatory time off from 120 hours per year to 160 hours per year.

Article 12.7(b) added: A 5% increase to employee's basic wage rate when assigned to graveyard shift.

Article 18 amended: Updated Funeral Leave to Bereavement Leave in compliance with California state law.

Article 21.10 added: Officers with POST certified peace officer service at another California law enforcement agency shall have such service applied towards their vacation accrual rate service calculation.

Article 22.1 amended: Uniform reimbursement was increased from $900 per year to $1,000 per year and will now be paid in lump sum annually, versus bi-weekly payments.

Article 25.6 added: SWAT Team members are permitted to leave work one-half hour early with pay per each regular workday at the discretion of the supervisor to exercise and be physically fit for duty.

Article 25.7 added: Fitness Expense Reimbursement Program - Officers shall receive fifty ($50.00) monthly for fitness expense reimbursement.

The updated Memorandum of Understanding (MOU) is attached.

I ATTACHMENTS

1. Resolution approving amendments to the MOU with the APOA.

2. APOA MOU Effective January 1, 2026

3. APOA MOU Track Changes
ITEM 8.3c PAGE2 1/20/2026
101
RESOLUTION NO. 26-

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE REPRESENTATIVES OF THE CITY OF ANDERSON

AND REPRESENTATIVES OF THE

ANDERSON POLICE OFFICERS ASSOCIATION
WHEREAS, representatives of the City of Anderson (City) and representatives of the Anderson Police Officers Association (APOA) have met and conferred in good faith in accordance with California law; and
WHEREAS, the representatives of the parties have reached agreement to amend the existing Memorandum of Understanding which was effective on January 1, 2021.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve:

The Memorandum of Understanding, attached hereto as Exhibit A, which incorporates all amendments negotiated between the representatives of the City and the APOA, to be effective January 1, 2026.

PASSED AND ADOPTED by the City Council of the City of Anderson this 20th day of January, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Dan Gallier, Mayor
ATTEST:

Christy White, City Clerk
102

MEMORANDUM OF UNDERSTANDING
Between

THE REPRESENTATIVES OF THE CITY OF ANDERSON
and

THE REPRESENTATIVES OF THE

ANDERSON POLICE OFFICERS ASSOCIATION

AFFILIATED WITH

PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA
Effective:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

November 1, 1985
July 1, 1988
February 15, 1992
July 1, 1994
July 1, 1995
November 15, 1997
August17,1999
September 4, 2001
November 18, 2003
September 6, 2005 (effective 7/1/2005)
April 15, 2008
September 14, 2010
December 20, 2011 (effective 7/1/2011)
February 4, 2014 (effective 7/1/2013)
November 17, 2015
March 1, 2017
January 1, 2021
January 1, 2026
103
Article
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30

TABLE OF CONTENTS
Page
Preamble . ◄ • ◄ • ~ • .. • • • • • • • • • ... • ... • • • • • • • • • ... • • • • • • • • • • • • 1 Recognition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Association Rights .............................. , . . . 3 Association Security/ Association Time Bank., .. ,., .. , 4 Concerted Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Grievance Procedure .... ... . ◄• ◄ ............. ◄ • • .. .. • • • • • • • • S Sa f ecy .. .. ◄ • ~ ◄ •••• ◄ ... ◄ ~ • ◄ • ,.. • • •• ◄ •• ,.. • ◄ •• • • ◄ .. . . . . . . , • • .. 7 Industrial Disability .. . . , .... , , . . . . . . . . . . . . . . . . . . . . . . 8 Employee Status....... . ..................... ... .... 9 Wages and Classifications................. . ......... 10 Hours and Overtime.. ... . ........ .. ................ 12 Promotion and Transfer............. ...... ......... 15 Demotion and Layoff . . . . . . . . . . .. . . .. . . . .. . . . . .. . . . . 15 Leave or Absence... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Expenses........ . .. ..... ..................... . .. . . 17 Bereave·m,ent Leave~ ... .. . ◄ •• ◄ • ~ •• ◄ • ◄• ◄ •••• ◄ ••••• ◄ • • • • 18 Catastrophic Leave . .. ......... ............. ... ,. . . . 19 Holidays .. ... ... ~ ......... .. .. .. . ... i ••• • • "' • • • • ◄ ~ • • • • • • 19 Va.cations .. .. ,j . .. . . . ... . ◄ • ◄ ...... + ~ •• • + • ;, + ~ ~ • ;, •••• + • t • 21 Unifonns.. .... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Employee Bvaluations. ... .. .... ..... . ..... ..... .... 24 Employee OiscipHne. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 MisceHaneous.... .............. .................. .. 26 Employee Benefit Programs..... ... .................. 27 Savings Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Effect of Memorandum of Understanding............ 29
Entire Agreement................. .... ............. 29 104
Exhibit A: Schedule of Wage Rates ................ . .............. 32 Exhibit B: Job Definitions ............. . .. . ............. . .. . .. . .. . . 33 105

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 19th day of November, 1985, 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 Officers 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.
l
106

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 agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties. During the term of this Agreement 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.

ARTICLE 2
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.

ARTICLE 3
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; (t) 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 to change or introduce new or improved operations, methods, means or facilities; U) the 2 107
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; (I) 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.

ARTICLE 4
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 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 management. 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 arrangements are made and provided further that the Association may be required to pay appropriate fees for the use of such City facilities.
3 108

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 payment for the total monthly deductions shall be submitted to the Anderson Police Officers Association.

Association Time Bank

5.3(a) Association members may voluntarily donate leave credits, holiday leave credits, or compensatory time of (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 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.

5.3(b) Association members designated by the Association shall be eligible to use the Time Bank to perform Association business. Such use is 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 one-half (1/2) time shall also be deducted from the Time Bank.

5.3(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.

5.3(d) The City agrees to implement such administrative procedures as are necessary in order to implement the transfer of leave credits and tracking the bank balance.

5.3(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.

5.3(t) The parties agree that this Time Bank program is in lieu of any program authorized
4 109
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.

ARTICLE6
Concerted Activities

6.1 It is agreed and understood that there will be no strike, work stoppage, slowdown, picketing, or 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.

ARTICLE 7
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, or with respect to the interpretation or application of the Anderson Police Department Policy Manual (as set forth in Section 1003 of that Policy Manual) 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, however, prevent a probationary employee from enforcing any other rights under this Memorandum 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 Police Lieutenant or Captain, 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 5 110
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 Chief of Police, 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 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 6 111
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 a 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 involved 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.

ARTICLE 8
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 7 112
employees with safe work procedures and applicable State Safety Orders, and for 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 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.
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ARTICLE 10
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 of less than one thousand (1,000) hours. A fulltime 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 full-time 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 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. 9 114

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 No salary increases during the term of this contract.

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 may, however, be paid a wage rate above the lowest wage rate at the direction of the Chief of Police. Rounded to the nearest whole year, time served as a California POST certified Peace Officer will be used to place a lateral hire on the initial salary range step for Police Officer. This provision is to recognize time served in the law enforcement profession and shall be applied to all current employees so that they are likewise placed on the appropriate higher step effective January 1, 2026. 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 Longevity Pay - Police Officers 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 anniversary date. Pursuant to California Public Employees Retirement Law, Longevity pay is reportable to CalPers. Effective on the first day of the pay period the base salary of all eligible employees who have continually worked for the City of Anderson for fifteen (15) years shall be 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.

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 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 which has a wage range overlapping the wage range of the 10 115
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.

11.6 When an employee is temporarily assigned to work in a classification lower than the employee's regular classification, the employee's rate of pay 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, and may be up to three years, with the option for two annual extensions until the Chief of Police appoints a replacement to this assignment but in no event more than five consecutive years. To the extent feasible, assignments to and from Investigative Services shall coincide with the periodic shift assignments.

11.8 Employees who are required to be on call during non-duty hours in a manner which 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. No representative of the Department or City shall order or request an employee to be available to report to duty during off-duty hours without compensating the employee per this article.

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 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.

11.10 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, Bike Officer, SWAT, CNT, Acting Watch Commander (OIC), or Taser Instructor, such employee's wages shall be increased by five percent (5%) while actually engaged in such duties.
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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".

11.13 The Police Recruit, as discussed in Exhibit "B", will receive a wage which is 15% less than the Step 1 Salary Rate for a Police Officer as set forth in Exhibit "A" titled "Schedule of Wage Rates"
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 an eight-hour shift work schedule, the regular shift shall consist of eight (8) consecutive hours with a meal break. Shift work hours are 2200 to 0600 hours, 0600 to 1400 hours, and 1400 to 2200 hours. With the exception of shift rotations, the work schedule for shift employees shall normally consist of five consecutive workdays and two 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 Police Officer shall have preference among the classification of Police Officer. Sergeants and Police Officers shall bid separately. Except as otherwise approved by the Chief of Police, employees will be prohibited from remaining on the same shift for more than two (2) consecutive four ( 4) month periods. 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. 12 117

12.2(c) 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 preference among Sergeants and the senior Police Officer shall have preference among the classification of Police Officer. Sergeants and Police Officers shall bid separately, Sergeants identified by name first. Except as otherwise approved by the Chief of Police, employees will be prohibited from remaining on the same 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(d) 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 employees 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 workday); (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 employees 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 twelve13 118
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 sixty (160) 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 Employees 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 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 cancelled within 48 hours of scheduled appearance. This section only applies to employees whom are not working during the court requested appearance. Employees shall not schedule vacation or watch exchanges in order to receive compensation under this article.

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(a)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.
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12.7(b) Whenever an employee is assigned to work graveyard shift, such employee shall be paid five percent (5%) more than the employee's basic wage rate.

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 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

13.1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City.

13.2 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).

ARTICLE14
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 part-time employees are to be laid off, no notice of layoff 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 15 120
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) 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 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 repromotion.

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 16 121
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.

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.

ARTICLE 16
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. 17 122
ARTICLE 17
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.

17.2 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 twenty-four (24) hours. 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 scheduled shift shall be charged for eight 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
Bereavement 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 five (5) work days. "Immediate family" as used herein includes only employee's spouse, children, brothers, sisters, parents, stepchildren, stepparents, grandparents, parents-in-law, grandparents-in-law, grandchild, domestic partner, or any other designated person. "Designated person" is defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave.
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18.2 The City Manager in his sole discretion may grant additional sick leave where special circumstances warrant.

18.3 Reproductive Loss Leave. An employe may take up to five working days of unpaid leave for a reproductive loss (failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction).
• In order to be eligible to take reproductive loss leave, employees must be employed at least 30 days at the time of their request. Once eligible, though, employees may be entitled to multiple leaves per year, if they experience multiple reproductive loss events.
• No documentation of the reproductive loss may be required by the City. • The maximum allowable amount of reproductive loss leave is 20 days within a 12- month period.
• Proximity to Loss Event. While the five days of leave do not need to be taken consecutively, the leave must be completed within three months of the reproductive loss event.

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 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.

ARTICLE 20
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"
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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"

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
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.

20.l(b) For those employees 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).

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, 20 125
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.

ARTICLE 21
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.

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, 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-hour scheduled shift shall be charged for eight 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 absent on vacation leave, CTO, holiday leave, or any combination thereof in excess of a consecutive 21 calendar days without the previous authorization of the Chief of Police. No employee, when off work for a scheduled vacation, compensatory time off, or sick leave, shall sign up for or 21 126
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.

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.

21.10 Officers with POST certified peace officer service at another California law enforcement agency shall have such service , rounded to the nearest whole year, applied when hired so that the officer's initial vacation accrual rate includes this service calculation.

ARTICLE 22
Uniforms

22.1 Each uniformed employee shall receive an annual uniform advanced reimbursement of one thousand dollars ($1,000) at the time of the employee's original appointment. Upon completion of one full year of service, an employee shall receive an annual advanced reimbursement of one thousand dollars ($1,000) paid on their anniversary date of original hire. For all employees hired prior to January 1, 2026, the transition from bi-weekly uniform payments to an annual advanced reimbursement will happen at each employees anniversary date of original hire.

22.2 If an employee terminates employment prior to becoming entitled to the next uniform advanced reimbursement payment, the employee may be required to return one22 127
twelfth (1/12) of the annual advanced reimbursement for each month or major fraction thereof between the employee's termination date and the next reimbursement 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 Class A "Ike" jacket for each new hire.

Employees shall be required to maintain a jacket as part of their required uniform.

22.S The City will purchase the initial issue of any required changes in uniform.

After the initial purchase the employee will be responsible for normal maintenance and replacement.

22.6 The City will supply the following safety equipment items. • Hat
• Duty Belt (Sam Brown)
• Belt Keepers
• Duty Weapon (3 Magazines)
• Weapon Light
• Firearm Holster
• Baton (expandable or straight) with holster
• Double Magazine Pouch
• Safety Glasses
• Hearing Protection
• Body Armor (external carrier)
• Trauma medical kit
• 2 Handcuffs with pouch
• Handcuff Key
• Flashlight (at least 800 lumens)
• Flashlight Holder
• Chemical Agent (with holder)
• Radio and holder
• Ballistics Helmet with bag
• Traffic Safety Vest
• Belt Key Holder
• Department patches
• Police Identifying placards for vest
• Cellphone
• Charges and batteries for all issued electronic equipment • Some specialty assignments may require additional safety equipment at the time of appointment and will be supplied at the Chiefs discretion.
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ARTICLE 23
Employee Evaluations

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.

ARTICLE 24
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
B - Neglect of duty
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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
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 25 130
U - Fraud in securing appointment
V - Dishonesty
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 seven (7) 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.

ARTICLE 25
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. 26 131

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 SWAT Team members are permitted to leave work one-half hour (30 minutes) early with pay per each regular workday, at the discretion of the supervisor. This time is intended for the officer to exercise on their own time, at their convenience to be physically fit for duty.

25. 7 Fitness Expense Reimbursement Program - Officers shall receive fifty dollars ($50.00) monthly for fitness expense reimbursement. This is intended to go towards a gym membership or purchase of home gym equipment.

ARTICLE 26
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.

26.1 (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 o/o 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. In the event that 50% of normal costs plus 27 132
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.l(e) 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. Effective 1/01/2015 employees and the City shall split (50/50) any future premium increases.

26.2(b) Long-term Disability Insurance: All regular and probationary employees are eligible to participate in a long-term disability insurance benefit 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(c) 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) above, providing, however, that the benefit structure 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.

26.4 Police Recruits are "PEPRA" Employees Pursuant to the California Public Employees' Pension Reform Act of 2013 ("PEP RA"). Regular Police Recruit employees hired after January 1, 2013 who do not otherwise meet the definition of a "Classic CalPERS Member" will be covered by the two percent (2.0%) at age sixty-two (62) retirement benefit formula with the 36 highest paid consecutive month's final compensation provision as a "New CalPERS Member". This is not within the retirement system for general Safety employees.
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ARTICLE 27
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.

ARTICLE 28
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.

ARTICLE 29
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.

ARTICLE 30
Term

30.1 This Memorandum of Understanding shall take effect as of January 1, 2026 except as otherwise provided herein, and shall remain in full force and effect through December 31, 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.
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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. 30 135
IN WITNESS WHEREOF, the parties have executed amendments to this agreement this 20th day of January, 2026.

CITY
Joey Forseth-Deshais
City Manager
Cindy Wheeler
Finance Director
Approved as to form:

Collin Bogener, City Attorney
31 ASSOCIATION
Joseph Grady
President
Kyle Carpenter
Vice President
Nash Folden
Treasurer
Steve Allen
Business Representative
136

SCHEDULE OF WAGE RATES
Effective: January 1, 2026
Top Step
Salary Step Monthly
Classification Hourly Pay Rate Eguivalent
1 i J 1 s. z
Canine Officer1
$17.28
Police
OfficerZ,3,4,S.6 $42.23 $44.35 $46.56 $48.89 $51.34 $53.90 $56.60 $9,811 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 11.7. Employees in these assignments shall have their pay rate increased by five (5) or ten (10) percent as follow:
a. Premium pay shall consist of five percent (5%) whenever a Sergeant is assigned full time as the Detective Sergeant, or there are at least two (2) Police Officers assigned as full time Detectives.
b. In the event neither of the forgoing staff situations is in place, meaning a Police Officer assigned as a Detective is working by themselves, premium pay shall be increased to ten percent (10%) in recognition of the increase in workload. c. The two tier pay structure referenced in "a" and "b", above shall not apply to the SINTF assignment. Employees assigned to SINTF shall receive the standard five (5%) special duty premium pay.
4 Any classification shown may be assigned to School Resource Officer or Traffic Specialist (Motor Officer) and shall have their pay rate increased by five (5) percent during the term of this assignment.
5 Employees holding the classifications of Police Officer who have earned a P.O.S.T. Advanced Certificate shall have their pay rate increased by five (5) percent. 6 Employees holding the classification of Police Officer who have earned a P.O.S.T.

Intermediate Certificate shall have their pay rate increased by two and one-half (2 ½) percent.
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Police Officer
EXHIBIT "B"
Job Definitions
An employee who is engaged in performing all classes of law enforcement work. The employee's duties include, but are not limited to, traffic law enforcement, regulation enforcement, crime prevention and crime investigation from complaint to final solution of cases within his assigned area. In keeping with the concept of career development, as an officer progresses through the various steps, the employee may be assigned increasingly more complex and varied duties in all fields of law enforcement work. The Officer's background of training and experience shall be such as to qualify the employee to perform their duties with skill, efficiency, tact, and diplomacy. The employee must be a graduate of a POST certified academy by the date of appointment or possess a POST Basic Certificate*.

Police Training Officer
An employee who is engaged in the supervision and training of new, sworn employees, or who is responsible for other forms of departmental training as assigned by the Chief of Police.

Police Recruit
Under the direction of the Chief of Police, the Police Officer Recruit is a non-sworn civilian employee and attends a California Peace Officer Standards and Training (P.O.S.T.) certified police academy to learn and perform the responsibilities of an entry-level California Police Officer. Upon graduation from the academy and award of the Academy Basic Certificate, the Police Officer Recruit becomes a probationary Police Officer and performs work under general instructions, but with established policies and procedures. The Police Officer Recruit performs related duties as required to achieve successful results in support of the City's mission, goals, policies and objectives.
* As established by POST.
33 138

MEMORANDUM OF UNDERSTANDING
Between

THE REPRESENTATIVES OF THE CITY OF ANDERSON
and

THE REPRESENTATIVES OF THE

ANDERSON POLICE OFFICERS ASSOCIATION

AFFILIATED WITH

PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA
Effective:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended:

Amended;
Amended:

Amended;
Amended:

Amended:

Amended:

Aroe;nctedi
November 1, 1985
July 1, 1988
February 15, 1992
July 1, 1994
July 1, 1995
November 15, 1997
August 17, 1999
September 4, 2001
November 18, 2003
September 6, 2005 (effective 7/1/2005)
April 15, 2008
September 14, 2010
December 20, 2011 (effective 7/1/2011)
February 4, 2014 (effective 7/1/2013)
November 17, 2015
March 1, 2017
lanuary 1, 2021
tao11acr 1-a:1u o2.,
139
Article
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
TABLE Of CONfENTS
Page
Preeamble , ....... , .............. , .. , ... ,. . .. . . . . . . . 1 Recognition. . .... , . . . . .. . . . .. . . . . . . . .. . . . . . .. . .. . . . . 2 Managl!'m~l Rights , .... . , . , , .. , , , . , , ... , .. , , . . .. , , 2 A~atlon Rights , .. , , , , ... , ...... , , .. , .. , , .. . . . .. . 3 Association Security/ Association Time Dank, . . . . . . . . . 4 Concerted Acttvitl~s . .. . . .. .. .. .. .. . .. .. . . . . . . . . .. . . 5 {;rtevance ProC4!durt , , .. .. , , .. , ...... , , ... , .... , .. . . S Safety ...... , .. , , .... , . .. .... . . , ..... , ......... , . . . . 8 Industrial Disability .. . .. ....... ... . .... , . . . . .. . . .. . . 8 Emplo}'f!e $talus ... .. ..... . , ....... , ... , ........ , , . . 9 Wages and ctassUicatlons .. .. , ......... , .... , , . . . . .. 10 Hours and Overtime , , , .... .. .. , .. , .. , ,. . , ..... , . . . . 12 Promo-tio« and Transfer . , . . . . . . . . . . . . . .. . . .. . . . . . . . 15 Demotion and Layoff .... , , .... , . , , .. , , . , , .. , , , , .. , , 15 I.eave or Abse~ .. . ,, .. .. , , . .... ..... ,. ... .. .... .. .. ]6 Expenses ....................... ., . ... . , . . . . • . . . . • 17 Sidi Leave . . .... , . . . .. . . . . . . . .. .. . .. . .. . . . . . . . . . .. . 18 l'\meral-Bereavement Lea~ .. .. .............. ........ , . , .. , ... , .. 18 Catastrophic Leave ......... , .. . , ..... . , ........ ., . . l 9 Holidays , . . , ... , .. ....... , . . . .. . . .. .. . . .. . . . . . . . . . t 9 Vacations .... ,..... ...... ...... ......... .. . . .. . . . .. 21 Uniforms , .. , .... ... , .. .. , , ... , ,, , , .. , .. , , .. , , .. .. , 22 Employee Evaluations ., , .. ., ,. ., .. , .. ., .. ,. .... ., .. 23 Employee Di-Seipline ... " . . . . . . .. . .. . . . . . . . . . .. . . . . . . 23 Miscl!tlan-s ...................... . , . ., ... , .... , , . 26 Employee ll4!nefit Programs. .. ,. , . ., . ,. .. ,. ..... ., . . 26 Savings P11ovision ... , ........ .... .. ..... ., . . . . .. . . . 28 Erfect of Memorandum orundmunding . . . . . . . . . . . . 20 Entire Agre-ement. .. .... .. .. , .. .. . .. . . . . . .. . . .. .. . . 28 Tum ....... ,. .... . . .. .. ......... ,. . . . . .. . . .. . . .. .. 29 140
Exhibit A: Schedule of Wage Rates ., ........ , ..... , . . ,, .. , .. , , ... 3l Exhibit 8: lob Definitions. .. , . ..... , . . . , ........... , . . .. .. .. .. , .... 37 141

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 19th day of November, 1985, 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 Officers 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.
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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 agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties. Dl1tine.,1htlew o[tbjs Agreeme,nt +l¼e~ 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.

ARTICLE 2
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 2 143
to change or introduce new or improved operations. methods, means or facilities; (j) 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; (I) 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 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 management. 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 3 144
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.

ARTICLES
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 oaymenteheek-for the total monthly deductions shall be submitted to the Anderson Police Officers Association-wtthlfl l'.iv@ (S) werkh:1g days after tAe e1Hl er each lll9Alh.

S...J Toe-rot'fltcaef c~U: .;mtoo~a6fl--Shall ~lf)l'O\'ffl-by--bolh [email protected]!G [email protected]¼.

SA-- Association Time Bank

5.14{a) ---Association members may voluntarily donate leave credits, holiday leave credits, or compensatory time of {CTO) or vaction 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 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.l4(b) --Association members designated by the Association shall be eligible to use the Time Bank to perform Association business. Such use is sub)ect 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 one-half (1/2) time shall also be deducted from the Time Bank.

5.J4(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. 4 145
5 . .3_4{d) - - The City agrees to implement such administrative procedures as are necessary in order to implement the transfer of leave credits and tracking the bank balance.

5.3_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.

5.3.4(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.

ARTICLE6
Concerted Activities

6.1 It is agreed and understood that there will be no strike, work stoppage, slowdown, picketing, or 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. or with respect to the interpretation or app)jcatjon of the Anderson Police Department Policy Manual (as set forth in Section 1003 of that Policy Manual) and with 5 146
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, however, prevent a probationary employee from enforcing any other rights under this Memorandum 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 Police Lieutenant or Captain, 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 Chief of Police, 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. 6 147

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 (ZO) 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 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 a 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 involved 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.
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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
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 for 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 8 149
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 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.

ARTICLE 10
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 ofany 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 of less than one thousand (1,000) hours. A fulltime 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 9 150
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 full-time temporary employee shall be given the status of a probationary employee.

10.5 A part-time employee is defined as an employee hired for employment ofless 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 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. lm5- a-itittt~~e4--,)fte-r-¥ebA1a~41+.-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
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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 may, however, be paid a wage rate above the lowest wage rate at the direction of the Chief of Police. ~il.10.l:ht Jlll[.e~.U:i::hol~llL time ~erve:d as a californ,a POST certified Peace orocer will be u.:,ed to pla<;e a lateral hire on the i o itj al salary caoe;e step for Polic:eQfficer Ihi:s lllil;::i sion is to recoi:n iz-.e time serygd 10 the.Jaw enfurceuu:ur profeiliD.n.and shallbe.,ap.pHed.to..all cw;rent e.nwloyeeunJh.aJ they are: llkewi~e placed on the appropriate bl11her step e(fectiv<: lanuary 1 2026. 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. 10 [ Formatted: Font: Not Bold
151

11.3 Longevity Pay • ~'lle-fam+a,ry 1, 2g21 Police Officer~ 81' St!('ftt!a!US 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. WMh-+he~A--ef. ~~rease, all ~ AU increases become effective on the employee's anniversary date. Pursuant to California Public Employees Retirement Law, Longevity pay reeei•~e!il far a t011se~uti•1e ~ is Nm'-reportable to CalPers. Effective on the first day of the pay period whlth 1nefode~, hrne 3g, WlJ, the base salary of all eligible employees who have continually worked for the City of Anderson for fifteen (15) years shall be 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.

11.S 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 lowest closest step above current pay for acting classification, not to be Jess 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 which 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.

11.6 When an employee is temporarily assigned to work in a classification lower than the employee's regular classification, the employee's rate of pay will not be reduced.

11.7 Whenever any employee is assigned to Investigative Services or to the Shasta lnteragency 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 lnte ragency Narcotics Task Force shall be at the discretion of the Chief of Police, and may bt up to three years, with the option for _two a.tuw.<!Lexte.nsio.ns_until the Chief of Police 3Jl.ll(!J.!ill......il ri:place meot to~ .ass,i&wne.nt mu_ J.D.. J.lil ~ m2«, lluD. Ike co.nse.cutiYe ~ <H1 ~Ofnl}.)leal'. To the extent feasible, assignments to and from Investigative Services shall coincide with the periodic shift assignments.

11.8 Employees who are required to be on call during non-duty hours in a manner which 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 whateve-r private interests 11 152
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 . .l:!P.r:wmen.t~ cl.ID<-.J)ep_arunmLoi:J;;it)'_sballoukr or atQ11es1 an emp),oyee: 10 be avail.abk .to.J:ep.w:uo duty durine otf•dutv hours_~ compensatlni: 1he employee per this art.Ide.

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 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.

11.10 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, Q.A'f- t:»licet· ]Jke Jltllin._~ Qil. Acting Watch Commander (QI!;), 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". u ..ll .lli Police fucrui c as ills.cussed in Exhibit :n:....wl.l.uc~ • ~e whjc h is iS% Jess than che S1ep 1 Salary Rate foe a Police Officer as set forth to Exhibit "A" mled :S~.:Q.fke~tes·
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. 12 153

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 an eight-hour shift work schedule, the regular shift shall consist of eight (8) consecutive hours with a meal break. Shift work hours are 2200 to 0600 hours, 0600 to 1400 hours, and 1400 to 2200 hours. With the exception of shift rotations, the work schedule for shift employees shall normally consist of five consecutive workdays and two 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 ihe-s~ ~~all.-~ -p~--R SeFgea~ the senior Police Officer shall have preference among the classification of Police Officer. Sergeants and Police Officers shall bid separately., Except as otherwise approved by the Chief of Police, employees will be prohibited from remaining on the same shift for more than two (2) consecutive four (4) month periods, 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) 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 preference among Sergeants and the senior Police Officer shall have preference among the classification of Police Officer. Sergeants and Police Officers shall bid separately, Sergeants idr.-ntified by 13 154
llllIU: first. Except as otherwise approved by the Chief of Police, employees wilt be prohibited from remaining on the same 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(d) 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 employees 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 workday); (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 employees 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 twelvehour 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 oo~ndwd--t-w-ty-(-1-2:D-)ll..!l.!:
hundred s,:,;ty (160) 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 eight:;'--(-8~ e111hty (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.

1.4 155

12.5 Employees 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 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 cancelled within :48:U hours of scheduled appearance.

This section only applies to employees whom are not working during the court requested appearance.

Employees shall not schedule vacation or watch exchanges in order to receive compensation under this article.

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(al--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.

12.7(b) WJwnc.ver an employee is assi1:ne<l 1!I. work eravevard shift such eruPJ-OY:a:
wall be J>.ili!fi.ve s,~.r.cw.1.5.%.).more than the employee's basic wai!e rate.

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 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.

IS
156
ARTICLE 13
Promotion and Transrer
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 Layorf

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 parMime employees are to be laid off, no notice of layoff 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) 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 16 [ Formatted: Left -----~-J
157
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 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 repromotion.

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.

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.
17 158

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.

ARTICLE 16
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.

ARTICLE 17
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.

17.2 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 twenty-four (24) hours. Immediate family as used herein shall be as defined in Section 18.1. 18 159

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 scheduled shift shall be charged for eight 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
lien:avement~ 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 tweAl't' fott, (,24) ·, , 111rH1~-fuie. {5) work days. "Immediate family~ as used herein includes only employee's spouse, children, brothers, sisters, parents, stepchildren, stepparents, grandparents, parents-in-law -aRfl, grandparents-in-law, 1:nmdd1ild, .SWJIJ$Slii; ..J1mrw:...il.r any other desienate<I l)erson. D!t hmatt!d~Js. defined as anv individual rel;itcd by blood or whow assoc1atioo w11h the employee is 1he eQuivahmt of a (amib· u;latignshio,The designatec.l pgrson UJil)I be identified by the. emplove:e at the time the emplovec: reQuest:; the leave,,

18.2 The City Manager in his sole discretion may grant additional sick leave where special circumstances warrant.
•-lll.Or ~ b~ ~ ,to.9~~~ 151~ J~~ye~,t!;esJ1u1.s1 b,e,employed at least JO days at the time.of their n:quest. Once eli1.:tble. thou2h, em11loyees way be eotitle:d to mulliple leaves Pfr vear i[ the!I experjence multiple rep,r.o.d,uctiye l.!m e~ ~ No documentation ofthe reproduc:trve loss may be rt'qulred by the c,w. 19 { Formatted: Font: 12 pt, Not Bold, No underline
~ Formatted: Font: Not Bold
Formatted: Font: Not Bold, No underline
160
• The niaxim11m allowable amount or reprodu1,11ve !o~s leave ts 20 days within a l 2· month period,
• Prooimm,-10.J..o.ss, mot, While 11:te.Ji.!le davs or le.we AILOOI ne:ed to he: taken c:onsecutjvely the leave rou>t be completed within three months of the re1~roductlve loss event.

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 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.

ARTICLE 20
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"
20 161

8. The second Monday in October, known as "Columbus Day"

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
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.

20.l(b) For those employees 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).

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. 21 162

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.

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 .
.t, l,{e }4=oc ~h f~ yeai:- ~ !ioef'Viee after fift@en -( lb;-~<mffiID0US -3/~•;H,;..~f -s~, l!i-Df}4~s hire~ifl~~w..t 17, J999, ~lt---l-JP.---gf,H~~l't-a~Mi~l- e-ight-l\in;1f5 ik't"Vf1~Wlon-o~Yaat-too--iA~tt&i1-~.f~~~e.

21.lL,e.l{B For each full year of service after fifteen (15) continuous years of service, employees liire!.-1 en er all:PF Augu5l-l-1.-I-99-9, 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-hour scheduled shift shall be charged for eight hours ofvacation/CTO.

21.3 Vacation cannot be accrued while an employee is in a non•pay status.

21.4 Vacations shaD 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 f@'ffflitM l9 take n:iore than WJ@nty (20) EOA§ernUue ,;1erhh:ig Jays ar 11aeati011 ,..,oha·.11 01~ attth&F~-tttt1 of lhe Gity-MaHage-r. ~npleytae mtty-~«ttmttlatt'd--¥e~ Jffl~- te-the E&lllfl l@~i tm41i-sm f ft~ Alll-nt~~~~---N&-~~ }he-u~ ·;aeaUor. may be talmi at •u~· one (1) ~ime abs1mt on vacation !cave. cro. holiday leave. or PDY combin,ation then•o( it! excesLQf.a..(~c;ldlive l l calendar daJt.L~.ll.Llh.e. PDmP~ .w1.nP.dz-ati.oJ1..o{tlie ~o.f.i'olici:,. 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 22 163
activity and collect overtime compensation. This would apply to scheduled overtime, not call back.

21.S 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.

21.8 Whenever an employee has taken a minimum ofB0 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.
21 rn officers with ro~ __ ofticer sernce ~tber California.law. enforcement a,llency shall have such service, rounded to the nearest whole year. applied w,hrn.hired.so.11:l.,"ll.tlle o~r.'.sJlli.tial Y<t~tior1-a,cm 1al me [ndudes 1111~ s~rv1wcalc,J laiti<IJ'l, Effective January 1....2!1Ut. CJ11.Jl:W. _tw~es .s.ball also ...lw:t !lwJ; 'i,il.ca.ti011 arcrul caku)atipn i ndutlt si cb se rvicr pn,sp~·ctjvc) y.

ARTICLE22
Uniforms
23 ~ Formatted: kl~
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,!Ormatted: Font: cambrta, 12 pt
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164
:j.J ~'b!l!l~~».Y ~»~l?Jlitl 1mw.w~~~r~b ~Ii i:J.».sS>=~~ ~.i:;e damil~ or JestroyeJ in the course ofemplo~·ment .arui nQl.te~.r.re~e eroi)loyee by any other person or insurance, such property wllJ he repaired or replaced by the CiliiOL\IP~m11mo{ three b u11flwldol)ars {$300,l&~ i:ew..iceJl!eot ;ncideoLDurmi: t!ttiO:Uae o;ft'!~~vmeot_ cmploYfes Will be prohibited Crom weadn11 -tt!Ql.s wacrlml as luxucy or excrs xpeoswe personal propeny,

22.4 The City will p.l!Irlw:f..at its e,cpe sf' a C);m A "lkew jackft [or each new hire. fm~es shall b.e.wwu,:c.dlQ msintajn ,uas;ket.a~ pact of their reqw[eduni{oQD. ·22.s The C.ty wrn 1:rnrchase: the initial jssue ol any required 1.:hanaes in u11Jform After the initial purrhase the employee will be responsible: for normal ruarntenance and replacement.
]2.6 Jhe City wm supply tbe foU9win1: safety eQniilroi:ot Oe:ms. !.-1:!fil
.
• J)utl.' fielt (Sam Brown)
• Belt Keepyo
!...-UY.tY~~nl~~a1.ine~)
• Weapon Li&hl
• firearm Holster
• Baton (ei,;.i,andable.or.strai~htl wdb.hoJstcr
• Double M;11:a1.1ne Pouch
! _Silf~Gfosses: • &~QLei:li!w
• Body Armor (external carrier)
• Trauma med1cal kit • l.~
• lwl.!k~
• Flashliiht (at lc,ast 80;0,Jumens.l
• fl¥bliiJllt M<1lder
!.._Cb~mi.ca.lA&wlwi!h.h.Qldw
• JwlioAWL.h9.ldt.i; • BalU.sti c., ti elrnet w ith baa • Ira ffic Safety Ye.st • Belt Key Holder
: =]3:~i&i;~~iacar.ds for vest
• Cell1Jhone
• Cb,n:¥es and batteries for an issued ele<:tronic: 1:Q11i1pment • .SD.me~pe-cialt,v a•si~Rments may remaire additioniliafelumtiPJm.m • :ill.Iht.J.imr ~.pojntment and will be~ a plied at the :OJw' s dlm:e!lon.
. 2;1,1 !;a~h m1if&rn~ed empl0¥e• ~~riloe ;.A at1fl•~al-lHti.10rfflallOurat~ M11Hil.red- -doU.aP.i- (~ -at th& time- of .the- -en:1ploye,e.'s- eHgH!,11 .apfJOO)tmt'Rt. .U.-1 24 Formatted: Font: cambrla, 12 pl !
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I Fonnatted: Font: cambria )
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[
Fonnatted: Bulleted + Level: 1 + Aligned at: 1.2s· + Indent l at: IS J Fonnatted: Font: cambrta, 12 pl
Fonnatted: Indent: Len: ·O". First line: 0.5", Tab stops: Nol al 6.5"
165
cAl'ApleUofl of ef!e full year ef M.•1'>.:'ice. ;111 empleyf.!f.! sh.ill Fece,,,.e aA all'!auAt equl¥alfll.t-t& OMHWeUth--fifH-} ~ -the---att1t11al--a-ll&waflte--fer --each-{u 11--l'fl&ffi-h-er fflaj&r .-firarntHi-~ [email protected] -~,y-4ate and the folklwing-J-uly-l-whk-h-5-hall-be-f>,iia bii,,.-eeldy thrn1,g,h payrnll <'II~ a ~A,!Fatell ha.sis. Oil tht> 1H•1u luly 1. anll t>af11 ft!t)'~~M". t-he-{'lllt)~~" sllall re4Cei-aA ~~--iro-...a-~e--&f--A4flto-lt..lftQl'.e~ whkha ~ll-t,.e~aid-hlwffk-ty-Qn-a--f}roi:a~15,
~....i. ¥aR emf)lefee lerffiiRates ernple)'meAt tJFier-te~iRg @Mided te the-.fft'Kt untform-alt-mc~~wnt,-the-@lnpl~~wl.'Q-W--~e-1-rth (1/12) ef the ann11al alh:1w,11v;e for ~ad'! ll'\Oli\01 8f major t:F;;ie~i1rn ~h,:n~of het-we-en-t-ll~e-e-!s ~Ra\i--datfilfl~11t-1.tttifen11 ~~-t du4&

22.3 Jft/he1w:rr-afl)'-ffll~l0yee's pP.l'5<-l~lt-ily-glasse-s-an<.-l-;eweiry; a~etl-of"~+R-~e+~Mo-cffltffcfi<lt are~ol' ~<'filffir
tll-.~y-on.y other pef-soR ~'-4MHFaitee, §Heh p;·op,ert}' will he repaired er rer,lace~ b)' the Cit-y far u~ kHl- -m.1-11tn11;1m of:-t~huoo~olia--.{S600) f&I' ~14'"" ~ ~ rt'-JJkKenwflt·itlc~ Dlif"iftf}ti'le rn11-10~empleymem, emf)loyees will be f)Fohibited from WNl'i~wms--,,egar~,c11ry or eHcessl.,.~l~ial 1rrt11le1·ty ~ :J'M.~.wi~~~ .... ~~ .(lo,'l,£ft,il--~~
sha-11-he-fe<tutr·ff·ffi-fUdtilt-a!fl a iaelu!t a$ riarr of thelr requ~~ ARTICLE23
Employee Evaluations

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 ev;;iluator'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 25 166
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
B - 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
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
26 167
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
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 27 168
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 ~ seven CZ> 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.

25.4 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 SWAT Team members are l)ermitted lo leave work one-ha)[ b~ m,nute~) early ""' th lhlY_ 11 ~J.:..l:ilrue.illl.aL w~ at.!he discretjon of thuunen•isor, This ~ intruded for Uw officeLto e.xu.cise on their own tlmi:, at their oonvenicocc to be physlcally flt for duty.
lS..Z. Fitpes.s.f.xQfnSt:.,Rejmbursernent Proecarn Officer·s shall rec-eJvi: Oftv doll;<irs ( sso oo) monthly for fitnes.se~pense' rn I mhu mment. Ibis isi.nkntlf'd to ,eQ ton'.~cls .uwi memb,ership or ruu:~bill oill™ i:ym e-gujp1nen1
28 169
ARTICLE 26
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.

26.1 ( 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 CalPERS 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 PEP RA 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.l(cl 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 '29
170
withholding. Effective 1/01/2015 employees and the City shall split (50/50) any future premium increases.
l.!6 . .!{b} E>uril'lg tho t41rm ef ihe 2-0U lGl'i' MOY ilit'-~"'t'taiM~ightto-5wit<-h W!-QOOtftet·---medtc-a~f§ta~di-ng-ffial the E8Sl .... m R8l el(SP.ed u~e pFesent «)nltactuaHlbli~ City ef A1tde1·sof!. The PO~. agre,s ,e waive aay a~~ aR:d al11fer rigllts reg,i~iFIR the City's i;,wilci'I te~nolheMell>dicalp~, ioc~-ooi liillked,~len-pfle~~ioR, the term ee11ti•aso1al as used lleFel11 i&-1'6U!m~Umposed te the Clt3/ 11nde.-rhe enrreut medh:al plan,--wlli4'b-+s-dt-f.h\ed as TeaR1sters Plafl B wtth--VSP-aud4~5-it-mallimum-moolhly c~ k) the-Gity-.fe.NowS¼ $1,40::Z,goi ·pe,-,e~-plti!Y S()%-.-0f an~Ktw~t-4n-a,ea~e to the meliieal _pl.al'I heye11d the (17 ~0 per empla,yee amouF1L r11 RO e·,•efl~sihle J&F a11:y eas-t e~EeM-lng--tt1:e--ron-t-r;1c""11--ehliglNi4:m, .:i:he-fJ"MtffS e,:Re t&-wei:p0Fate-41te--sidc IN«>r-d.lt-e-tl~~n-g-MOU-,mide 26,2,

26.2(b.c) Long-term Disability Insurance: All regular and probationary employees are eligible to participate in a long-term disability insurance benefit 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(.c.J) 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) a-nd 26 ~{b) above, providing, however, that the benefit structure 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. 26,4 Pohce Remurs are "PEPRA" Employees PunJ.ullli...l9 tkCaljfornja M liJ:

J;"mpJo,)'i'es'J!mfilon Reform Act of 2013 rPEPRA"I Bfeuhr.£olice Recrnit.tmn1oye-es hired after l,llluarv J. 2013 who do not othcnvise meet the rlefinit,on or a "Classic CalPJIBS Member" wm be rovered b:,, the \\yo Rcre;ent 11,0%) iU ae.e .si.m'..:lri9 (62) rememeot b~f9LDlllla ~w .16...tl.i&br.il_.mruecimYe 1llilnth's Onal co,np.ensation prov1s1oa as a "New Cal PERS Member~. This rs nut within the rntiremcnt system for 2encral~ employees,
ARTICLE 27
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. 30 Commented [JF1]: No longer applicable and was from
thc2015-17 MOU. Alooclcan up in 26.2C since 26 2B
item changes with dddion.
171
ARTICLEZ8
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.

ARTICLE 29
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.

ARTICLE 30
Term

30.1 This Memorandum of Understanding shall take effect as of January 1, ~

2..Q1.6._except as otherwise provided herein, and shall remain in full force and effect through December 31, z..ol.2~. 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.
3 1
172

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. 32 173
IN WITNESS WHEREOF, the parties have executed amendments to this agreement this 161~ day of December, 2020.

CITY
Jeff Kiser
City Manager
Liz Cottrell
Assistant City Manager
Approved as to form:

Collin Bogener, City Attorney
33 ASSOCIATION
Jacob Duncan
President
Greggory Gundersen
Vice President
David Starkey
Secretary I
Nathan Ramirez
Association Representative
Steve Allen
Business Representative
Commented [JF2): We will update on finoJ draft with l
date, names, and titles.
174
Classifleatioa
Salary Step
Heurlr Pa·, R,ue
!tt•p-Si-eri
MoRthly
Lit1uh•aleat
1-A~~ t'lt'~-~~e-ll~ri'~~ibi-lm~-t=i-b@d-ffi
&t..~~~,e~s-ass.i~-5hall h;we their ~ay ral@ iRe1·use~I. hy Aw·{&) 11er£et11,
J-AA~sUif'.atioH !>Ro•J•a 1:nay be a§_~ig111:!d te ill"@~tigatlefl Ar !ihast~• 1Rteragen<y-N-,~~4tiEs Tash Faree ~.pons,bmlies aesrnbed ;" ~~~-these a'!isig!Hflt'-nts-sh~ l\iwe4-tteif ~}'-filff'4 ttfft'aSffi-&y ftve,-f&t1M!1'<'.etM, • ~ ~ -mw~owlHUY bl:! a!>s1gAed h:1 Schoel R1:!so1;rF·e om~er or Tf'aff~lt'<"i-a!M (~h:ttar omter) i:!lld sll~II ha~--pay~flS\-Sed-by-Jtv~fJ;.) f)ef<'ern4tting Mle-leml ~,goo1E'fl,I-,
s -6~~-t-ll@.. classrneaUeRs tif ~ue~ OUlcer or Se~nt wtto h,We--eaFRt'<~ii P.O ~.1". fli.d"',l!lced Certlfli:ate shall l~~~S4'(~-4. t> -Effl~ -h&klt1-1:g ll'K'- t:~fl~ ~f P&lke- 9ffi<'-t>F -WAG- -M-',l@- eamed a P.Q-S_T_ ~11tet:~-f.fffi~shall-ha-ve-the-tt'-tJ.a~t~ i11e,e.:1sed by t•ne find one half (-2----1/tl f)l:!f€t>f,t,
175
Gamne Officer'
~
6XHIIUT "A~
Salary Step
Hourly Pay Rate
it
Top:>;tep
§1.jUIYaleet
~
'9,334
~-A~1meR !ih0wn-may he a!!Signed the rnRlne-ha1tdler r~SfltHISihililies i'le-~~rihe•I ift ~l-12.4.-A11-~•mple1ee in 1':i11, assigR•~~Rt shall ha•;e thei-1~~~-~ l!,y-~~ ~
~ ,".Ay dassUleatlaH shewn may bh~~iwemgotff),_F Sh~~;--N~ Taw F&ffe fl"Sjl&l't'ifflfflMea--dt"SE"~-iR St>Etiell u .&. fimrt~-+n--t hes~ ass igR me,~ts s hal I ~i.--pa,i ffUe inc~-by [it.•e (5) pe1·c@1U.
•--im-y classifi,;:;Hiol'I shawft may he assi-gttetlw-&t:lwel-Res~nttt:e Gffi<'ff. oF 1'4:aU~ (Motot-Om("-eFtAAd-~H~ ffti-Y-Fat-MRff~.l&@G-OY f:i•1@ (S) pe~cent duriRg the ~eJ'lf\ o.f $i-sig-Dffl<.'llt.
~ Smrhiyees htol!iling the elassffic~f P-&lk~ --4m'KI!!+"-.- ~t--who--i.a.ve--eamed--a ~ll€ffi~-ate--sh-a-14-traYe their riay 1rate-in-Ht.'9sed by f:i\•e (~) 'flCtteflt. i; Smf1l9)'el!S neldrng-the-dd5sificdti9A ef Pau~~ Uffiter <Nh8 ha•.-e (!ilF~ -P~ Intermediate GertiMcate shall ha'l'e---thflf--pay r.lf<' 1mr-ease-d ~Y ~,alld-1}fl~f (2 1/t-} ~~
35 176
Classification
~
Sal~t@fl
Hruul)' Pa>• Rate
6:
mM ~ ~ 5-38,83 ~ ~ $44.-%
$4-7-M, $41).gJ ~ ~
1'op~
Monthly
6q11jyaleot
l ,~.RY classiffleaa0tt'5howtn-My be a!.i!ill!R@d the €~andle, re.~poAslbim!e-; Elj>sfrihei:l 1t1 M1£"4Hl- liVil. AR eR1~n-tlu5,1s5ignm@Ht !'ihall h,1Ye their p.ly~Cr~se-d-b3/..fw~ ~
~ Any cla!'lslficalion ~hawn Ala)' be as~1g11i>tJ to in-v-esttge-l:kl1MW~-1 bl+Kag@R€y,MMffitk~ Tusk Feree r1•~~w~~tl iftSe-ct1en ~~:n~-m-tl~ig,u'A@Hts shatl haw-the.it 11ay 1";Me iPueascil !Jy-w,,e-(-&) pemmt,
4 -Any-a;is.siftt.,iti~tt-Shl'wm ma;- be <iss~gned ~e School ~e GffiEff &r TralfK Special-isl (~~att,r OUlstw} aAtl sha.» ~~e~" ~ HM"~~<.-se4-by.fi-Y~~ pe1-cent d~1ring the tt-r~ &f-thtS-a5'Sl1!11ffltfflt.
' Emfllo~•ee!'l holding U)e elassirli;:~lhms 1:1f P01i~~-~w~F-4--..l FI.O,!I.T .• ",dv,anwl Cer~meate shall haw-~~~~'i) f!en,ent. ' ltmpl&yee~oldiRg tlu! -cltlS5iflt'iltHHl-of-Police Officer v. ha h;1•1e earn«l-.1- ~1',, klt~at.e..f ..ei:tiJk.at-t'-'5~~by -t-w& ..Jft&-.lialt{,l -½-) ~
36 177
ClassmcaUeR
SCHEDYbll QF WAGE RATES
!>ala!'}' ~tep
~~
TofJ Stefl
i!:Q"i•;alent
~
$-7;947-
~ A~~~4-may be assig,~ed the E:anlne handter responsU»ltlte-5.(leK~~ Secti1m 12 .. 9 .. ;\n M1fll8)'Pc 11'1 IIHs assi&m11ffit shall lla¥0 their Jlftf"F&le iRHNS!!'d by fi•,e {S) ~
~ 1'.11y slaSf.~rK-~t-itttl-sl\4'1Wft-fllaY ~~ledal.-,-tfWt'~-'81" Shasta laterag@ney NareullE'S ~Ntff~~~~1-i--i-,--f~mpl0)1Pe~ I A t I\Pse assign,~ ents-,;AAI+ h,we-~r-pa'/ Fate ina:lM-~fi¥e (!i) fJeree11t
4 IH1y dasslf1 .. 1ttttt;-sMWfl-fl~~~.e Offie@f or Traffi~ St1Pefolist {M<tt-or-OffKert-a1ul~ll-b.we-"'8F~it-l-{~we~lff'iAg thP lenn ~~Dent_
•~~8-ffllttj!--l'M--<-h'\55#i<'attt:tn5-* Peli ti.' -Off-Ker -e1· SeFg~n-l'-Wl-lo-M-Ve-~-v ~~t'fllfl€at,e-i;,l"'"ll~lei,,.pay rate inHea!;ed by l'--i';e {S) pel'rent 6 -Gmp~-ooldmg-th-e--elaSf>lfi1.;.lh:111 ~f PoJ~e--Gfttff.r- woo- ffil'llt'- N~. ~f, 11:iten'Aediille (,er-llficate shall-hiW~t'H' flil'¥'~~ by two and one hair {2 \t) ~
37 178
Classification
1 Canine Officer1
$17.28

SCHEDULE OF WAGE RA TES
Effective: January 1, ~2026

3. Salary Step
Hourly Pay Rate
.5. l
Top Step
Monthly
Equivalent
Police
Officer2,3,4,s,61 ~$_ $~
.iU..3. 11..3..5.
s~
%..5..6.
$4-MG

18...82
s~

51..li
$4-4-M- ss 6.60
a.w #r.77
$8;1-W9.af COmmented [JFl]: Updated salary schedule to current uLrates, not renected in pas_t _M_o_u _______ _..,
~ ~ ~ ~
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.
:i Any classification shown may be assigned to investigation or Shasta lnteragency Narcotics Task Force responsibilities described in Section 11....ZH-J.. Employees in these assignments shall have their pay rate increased by five (5) or t;en OOl percent.uioHon;. a..._Premium uay .:,haU consbt offive iwrcent (5%)1 whenever a Se:(Jie;rnt is ;;ssiined fun time as the Detective Se~eant. or there arc at lea!ill»'.o m Polke. OJlicw ~SS@l:U.llS..w.11.!ime 0,e_w:ti v.es,
b lo thf event neither of the {o11:oioa st a IT s1tu-1tiuns is in place. meaninK £ E'J1.h.c1t O0ku assfi:ned :e1s a DetccJiYe •~ w"rkin&.w,J~se:Jves, m:;emjumJl.sll'~ iomas,ed to ten pm;ent.(JO~oenitioo ofthe,mcr;easg lo workload. c, The.two.tier p~y str11ctore referenctd in ·a· and "h", above ~hall nm apply IQ..llli!.· SINTF assi~nment Ea112Joyees assiened to sm:rF shilll re«-ive..the.Ataodard.lw:
{5%) si.u•!i~I dl1U'-J)remiym p,n:.
38 ( Formatted: Indent: Left: 0.7S", No bullets or numbering ) Formatted: No bullets or numbering
Formatted: Numbered + Levd: 1 + Numbering Styte: a, b, c, + Start at: I + Alignment: Left + Aligned at: OS + Indent at: 0.75"
179
4 Any classification shown may be assigned to School Resource Officer or Traffic Specialist (Motor Officer) and shall have their pay rate increased by five (5) percent during the term of this assignment.
5 Employees holding the classifications of Police Officer ar Sei"je,olt who have earned a P.0.S.T. Advanced Certificate shall have their pay rate increased by five (5) percent. 6 Employees holding the classification of Police Officer who have earned a P.O.S.T.

Intermediate Certificate shall have their pay rate increased by two and one-half (2 ½) percent.

Police Officer
EXHIBIT "B"
Job Definitions
An employee who is engaged in performing all classes of law enforcement work. The employee's duties include, but are not limited to, traffic law enforcement, regulation enforcement, crime prevention and crime investigation from complaint to final solution of cases within his assigned area. In keeping with the concept of career development, as an officer progresses through the various steps, the employee may be assigned increasingly more complex and varied duties in all fields of law enforcement work. The Officer's background of training and experience shall be such as to qualify the employee to perform their duties with skill, efficiency, tact, and diplomacy. The employee must be a graduate of a POST certified academy by the date of appointment or possess a POST Basic Certificate*.

Police Trainini Officer
An employee who is engaged in the supervision and training of new, sworn employees, or who is responsible for other forms of departmental training as assigned by the Chief of Police.

P-elire~m
,..,tl eP.1til0','e-e ,..,<111:1 i,; e-nga~d in the- Sllt)t)l'"\'lsial'I of emPffi~o-~ an c~ef klw---fet-n•+netK-~ ~-~~4llli€Y md~. -Dtif- -a~ oal limittd-t1r. ~Hlfl W0r,k;-.-dN:i-atmg,fil.'W-aH+Yi-ty,.--li-Rg..-3nd-t-r-aini ng of ~@i;,;e n~el. Se ~a JI\§ shal I ha• 1 e ttie person<1I q-11illH!eat1al'ls of leadt!l'SNp-a-1\tk¼~bility-r-knowledge-~ -lawirvnd ~~~WHl~~'f8~Alill!!)-Jlfil'C~~.~t'!f
i1Hd reg,dat~ht> l!m~IO)''-''-' R¼b5t 11osses,, a POST l11termtHliare Ce1'tif'.ieate•. 39 formatted: Font: 12 pt
Comment.cl (JF4]: Integrated from side letter dated
April 22, 2022. This side letter also included section

11.13 for PoUcc Recruit, and ocction 26.4
Formatted: Font: 12 pt
Fonnatted: Font: 12 pt
180
(Jnder th~ dfnxrion of the; Chief of Poller the Pohee oroeer Rrrruit is a non-sworn tlvi!J;m empl2vee 1md attends a California Peace Officer Standards and Training CPO SI) certified police academy to team and ocrform the responsibililie;s of an entry•leveJ California Police Officer-lfpon craduatlon from the academy and award of the Academy Basic Ceaifica~ P.Dlirr Officer Rrmtit bernmes a probatiooacy Pohce Officer and pedorms work under eene:rnl instructions but with established policies and procedures. The "olice omc-er Recruit nednrm~ ce1ated duties as required to achieve St!.C(e$-IDJl..rts,lllts..in supru>fl of thf Citv's mission goals policies and obiectives,
'As established by POST.
40 · I Forlnattad: Font: Olmbfla, 11 pt
, _, ""'' 12 "'-----------'
181

AGENDA ITEM
January 20, 2026 City Council Meetin~
d for Submittal By:
anager
To Be Presented By:

Cindy Wheeler, Finance Director
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director
Date: January 20, 2026

I SUBJECT
Amend Budget for New Business License Software Program Purchase

I RECOMMENDATION
The Finance Director recommends that the City Council:

1. Receive a staff report;

2. Receive public comment;

3. Authorize the Finance Director to contract with Tyler Technologies for new business license software.

4. Adopt a Resolution Amending the Finance Department Budget to purchase new business licensing program.

I FISCAL IMPACT
The fiscal impact of this amendment is $12,485.00 for the Fiscal Year 2025/2026.

I DISCUSSION and BACKGROUND
The Finance Department has utilized the HdL Business Licensing program since 2004. Over time, technical support for this system has significantly declined, resulting in extended ITEM 8.5 PAGE1 1/20/2026
182
delays when assistance is required while HdL locates an available representative. In addition, HdL operates as a stand-alone system. After business license applications and renewal payments are received, staff must manually re-enter the information into the HdL software. As the number of businesses in the City of Anderson has increased, this duplicate data entry has led to a processing backlog of approximately 30 to 60 days before licenses can be issued to businesses. Although software upgrades are available, the associated costs are prohibitively high and not financially feasible for the City.

The finance staff viewed three different software options to explore what would best fit our needs. HdL demonstrated their upgrade and quoted us $20,000. CivicPlus also provided a demonstration but failed to provide us with a quote. These two vendors still would have left us with the double-entry step. The third option was from Tyler Technologies. The City's current financial system, Tyler Technologies ERPro 9, offers an integrated Business Licensing module that directly interfaces with the General Ledger. Implementing this module would streamline workflows, reduce manual data entry, and significantly improve efficiency within the Finance Department. Additionally, the Tyler Technologies licensing module would allow businesses to apply for and renew licenses online through the City of Anderson's website, further improving service delivery for both staff and the business community.

The cost for the Tyler Technologies Business Licensing module includes a one-time implementation fee of $5,206.00 and an annual recurring fee of$7,279.00. The current HdL software costs $4,348.74 annually and increases by approximately 4% each year. To ensure continuity of operations during the transition period, it is necessary to maintain access to the existing system.

Therefore, staff is requesting a budget amendment of $12,485.00 to cover the full cost of the new software and implementation while the transition is being completed.

Additionally, in a future City Council meeting, staff intends to provide a proposal to Council updating the municipal code, section 5.04.260, changing business license renewals from corresponding to the fiscal year, to annually from the month of the initial licensing for all new businesses.

I ATTACHMENT

1. Quote

2. Resolution
ITEM 8.5 PAGE2 1/20/2026
183
•• ••••• ••• • • t~e~~l! ies
Sales Quotation For:

ANDERSON, CA CITY OF
ATTN: DINA DUNCAN
ANDERSON CA 96007
Cindy Wheeler
530-378-6632
[email protected]
Tyler Annual Software - Saas
Description
iTyle!i_One
Permitting & Licensingl ro
Licensing
Collaborator Access
Public Access
Request Manager
Services
Shipping Address
City of Anderson
1887 Howard St
Anderson CA 96007-3396
TOTAL:

Quoted By
Quote Expiration
Quote Name
List Price
$8,088
$0
$0
$0
$8,088
Brandon Swanson
6/7/26
MyGov: Licensing
Discount
$ 809
$0
$0
$0
$809
Description Hours/Units Extended Price
Permitting_ & Licensing Pro
Data Conversion Services
2025-582240-K8M0Z9
$1,500

CONFIDENTIAL
■
$7,279
$0
$0
$0
$7,279

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