Agenda packet — Angels Camp City Council, February 1, 2022

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

CITY OF ANGELS

CITY COUNCIL AGENDA
February 1, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS WILL BE REQUIRED. REGARDLESS OF VACCINATION STATUS.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1 st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at his/her discretion, will refer to Staff.

Mayor Alvin Broglio Vice Mayor Jennifer Davis-Herndon
Council Members Gretel Tiscornia, Isabel Moncada, Caroline Schirato Interim City Administrator Nubia Goldstein City Attorney Doug White 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

3. ADJOURN TO CLOSED SESSION
A. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Nubia Goldstein, Interim City Administrator and Douglas L. White, Attorney Employee Organization: City of Angels Firefighters Association, City of Angels Employee’s Association (Exempt)
B. Public Employee Appointment: Interim City Administrator / City Administrator 6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Nubia Goldstein, Interim City Administrator and Douglas L. White, Attorney Employee Organization: City of Angels Firefighters Association, City of Angels Employee’s Association (Exempt)

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 B. Public Employee Appointment: Interim City Administrator / City Administrator

4. APPROVAL OF THE AGENDA

5. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

6. CONSENT AGENDA
A. Approval of January 18, 2022 Regular Meeting Draft Minutes B. Approval of January 21, 2022 Special Meeting Draft Minutes C. Authorization Letter for Calaveras County to Apply for CalRecycle City County Payment Programs and Grants.

D. Authorization Letter for Calaveras County to include the City of Angels in their Ordinance for Organic Waste Disposal Reduction, Rose Beristianos, City Clerk
E. Authorization of Resolution No. 22-03, Approving the MOU Negotiation Between Angels Camp Firefighters Association and the City of Angels for a Term Beginning, February 13, 2022 through June 30, 2024.

F. Request for City Council Approval to Allow Bounce Houses (Inflatable Structures) in City Parks Subject to Approving an Application and Providing Appropriate Insurance and Indemnification with Application Fees to be Established in Conjunction with the Annual Update of the City’s Fee Schedule, Amy Augustine, Planning Director
G. Updated Request to Approve Agreement for the School Resource Officer Position Between the City of Angels Camp and Bret Harte School District, Police Chief Scott Ellis.

H. Authorization Letter of Support – CalFire Grant Shaded Fuel break Calaveras Foothills Firesafe Council, Amy Augustine, Planning Director
I. Adopt Resolution No. 22-04, Authorizing the City to Implement Teleconferenced Public Meeting Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment, Mayor and City Council

7. REGULAR AGENDA
A. Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 517 to update and revise Angels Municipal Code (AMC) Chapter 17.31 Commercial: Planned Development Combining District (C:PD and CH:PD), Public Services: Planned Development Combining (PS:PD) District, Chapter 17.40 Open Space: Planned Development Combining District (OS-PD) and Open Space Golf:

Planned Development Combining (OSG-PD) District to:

A. 17.31 Greenhorn Creek Commercial District (GHC-C)
B. 17.40 Greenhorn Creek Golf Course District (GHC-Golf) I.Receive Staff Report
II.Open Public Hearing
III.Receive Public Comment
IV.Close Public Hearing

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 B. Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 518, an update and revision to Angels Municipal Code (AMC) Chapter 17.40 Open Space; Planned Development (OS-PD) eliminating the OS-PD district applicable only to Greenhorn Creek and replacing it with Chapter 17.41 Open Space (OS) applicable citywide.

I. Receive Staff Report
II.Open Public Hearing
III.Receive Public Comment
IV.Close Public Hearing
C. Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 519 to update and revised Angels Municipal Code (AMC) Chapter 17.36 (Public Services District), renaming it the Public and Quasi Public (P) District, adding a provision for housing to the district, and updating Chapter 17.09 (Definitions) to address these changes.

I.Receive Staff Report
II.Open Public Hearing
III.Receive Public Comment
IV.Close Public Hearing
D. Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 520 to update and revised Angels Municipal Code (AMC) Chapter 17.49 Mining Combining District (:MN) to become the Resources Management Combining District (:RM) for general plan consistency.

I.Receive Staff Report
II.Open Public Hearing
III.Receive Public Comment
IV.Close Public Hearing
E. Request for City Council Direction for Installing Banners across Main Street for Special Events, Programs, and Agencies, Amy Augustine, Planning Director
F. Consideration and Approval of an Employment Agreement with Rebecca Callen for the City Administrator, Douglas L. White, City Attorney

8. COUNCIL REPORT

9. CALENDAR

10. CORRESPONDENT
A. Calaveras Public Power Authority Power Rate Increase

11. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736-2181, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours.

The Agenda is also available on line at www.angelscamp.gov.

City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA – 6.A & B
A. APPROVAL OF JANUARY 18, 2022 REGULAR MEETING DRAFT MINUTES B. APPROVAL OF JANUARY 21, 2022 SPECIAL MEETING DRAFT MINUTES

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

DRAFT MINUTES CITY OF ANGELS, CITY COUNCIL MEETING
January 18, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS WILL BE REQUIRED. REGARDLESS OF VACCINATION STATUS.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1 st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (PRESENT) Alvin Broglio Vice Mayor Jennifer Davis-Herndon Council Members (ALL PRESENT) Gretel Tiscornia, Isabel Moncada, Caroline Schirato Interim City Administrator Nubia Goldstein City Attorney Doug White (DEB VIERRA-HINSHAW IN ATTENDANCE) 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT - NONE

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

4. APPROVAL OF THE AGENDA
ACTION: MOTION TO APPROVE THE AGENDA BY COUNCIL MEMBER MONCADA, SECOND BY VICE MAYOR HERNDON, AND PASSED 5 YES

5. PUBLIC COMMENT

SUSAN RUDOLPH, SPOKE ABOUT HER CONCERNS WITH THE HOMELESS

WAGNER, D, SPOKE ABOUT HIS CONCERNS WITH THE HOMELESS

6. CONSENT AGENDA
A. Approval of December 7, 2021 Special Meeting and Regular Meeting Draft Minutes B. Approval of December 16, 2021 Draft Minutes
C. Approval of January 4, 2022 Draft Minutes
D. Approve Resolution No. 22-02 Submittal of a Grant Application for the CAL FIRE, Fire Prevention Grant Program, Nate Pry, Fire Marshal
E. Acceptance of First 5 Calaveras PCAC Mini Grant Totaling $600 Dollars for Fire Prevention Supplies, Nate Pry, Fire Marshal
F. Support for the Rural Regional Energy Network’s (RuralREN) 2024-2031 RuralREN Strategic Business Plan Application, Amy Augustine, City Planner
G. Support for the UTICA Grant Funded Vegetation Management and Fire Risk Reduction Project that UTICA Water and Power Authority (UTICA) is Pursuing in Avery, Rose Beristianos, City Clerk ACTION: MOTION TO APPROVE THE CONSENT AGENDA BY MAYOR BROGLIO, SECOND BY COUNCIL MEMBER MONCADA, AND PASSED 5 YES

7. REGULAR AGENDA
A. Introduce, Second Reading for Ordinance to Revise A) Chapter 17.27 Central Commercial (CC) to be Renamed Community Commercial, B) 17.30 Suburban Commercial (SC) to be Renamed Shopping Center Commercial, C) to Incorporate Permitted and Conditional Uses, and Design Standards, and Update Chapters 17.34 (Permitted and Conditional Uses) and 17.09 (Definitions) as Needed for Consistency with Proposed Changes.

I.Receive Staff Report - GIVEN
II.Open Public Hearing - OPENED
III.Receive Public Comment - NONE
IV.Close Public Hearing – CLOSED
ACTION: MOTION TO APPROVE REVISION TO ORDINANCE 516 BY COUNCIL MEMBER SCHIRATO, SECOND BY COUNCIL MEMBER TISCORNIA, AND PASSED 5 YES
B. Fire Department Command Vehicle Purchase, John Rohrabaugh, Fire Chief ACTION: MOTION TO APPROVE THE PURCHASE UP TO $60,000 FOR COMMAND VEHICLE BY COUNCIL MEMBER TISCORNIA, SECOND BY SCHIRATO AND PASSED 5 YES

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

8. COUNCIL REPORT – ALL REPORTED OUT

9. CALENDAR – GOING TO BE EMAILED TO COUNCIL

10. CORRESPONDENT - NONE

11. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 6:22PM BY VICE MAYOR HERNDON, SECOND BY COUNCIL MEMBER TISCORNIA AND PASSED 5 YES

_________________________________
Alvin Broglio, Mayor
______________________________
Rose Beristianos, City Clerk

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

DRAFT MINUTES CITY OF ANGELS, CITY COUNCIL SPECIAL MEETING January 21, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS WILL BE REQUIRED. REGARDLESS OF VACCINATION STATUS.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1 st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (PRESENT) Alvin Broglio Vice Mayor Jennifer Davis-Herndon Council Members (ALL PRESENT) Gretel Tiscornia, Isabel Moncada, Caroline Schirato Interim City Administrator Nubia Goldstein City Attorney Doug White (PRESENT DEB VIERRA-HINSHAW) 12:30 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT - NONE

3. ADJOURN TO CLOSED SESSION
A. Public Employee Appointment: Interim City Administrator / City Administrator

REGULAR SESSION

1. REPORT OUT OF CLOSED SESSION
A. Public Employee Appointment: Interim City Administrator / City Administrator ACTION: RETURNED TO REGULAR SESSION AT 5:00PM, DIRECTION GIVEN TO STAFF

2. ADJOURNMENT
ACTION: MOTION TO ADJOURN AT 5:03PM BY MAYOR BROGLIO, SECOND BY VICE MAYOR HERNDON, AND PASSED 5 YES
City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA – 6.C

C. AUTHORIZATION LETTER FOR CALAVERAS COUNTY TO APPLY FOR CALRECYCLE CITY

COUNTY PAYMENT PROGRAM AND GRANTS

BACKGROUND
It has come to our attention that we need to submit a new letter to Authorize Calaveras County to submit regional applications for all Department of Resources Recycling and Recovery (CalRecycle) on behalf of the City.

This letter will allow the Integrated Waste Manager or his/her representative to execute all necessary applications, contracts, payment requests, agreements and amendments hereto for the purpose of securing funds and to implement and carry out the purpose specified in the program. This authorization is valid through June 30, 2026.

FINANCIAL IMPACT
There is no direct cost to the City.

ATTACHMENTS
Letter attached

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 February 1, 2022
Department of Resources Recycling and Recovery (CalRecycle) Grant Administration Unit
1001 I Street – PO Box 4025
Sacramento, CA 95812-4025
RE: Authorization Letter for Calaveras County to Apply for CalRecycle City County Payment Programs and Grants
The City of Angels Camp hereby authorizes Calaveras County to submit regional applications for all Department of Resources Recycling and Recovery (CalRecycle) Grants and City County Payment Programs for which Calaveras County is eligible for, for the period from the date of this letter through June 30, 2026.

As such, the Integrated Waste Manager of Calaveras County, or his/her representative is authorized and empowered to execute all necessary applications, contracts, payment requests, agreements and amendments hereto for the purpose of securing funds and to implement and carry out the purpose specified in the program. This authorization is valid through June 30, 2026.

Sincerely
Alvin Broglio, Mayor
.

City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA – 6.D

D. AUTHORIZATION LETTER FOR CALAVERAS COUNTY TO INCLUDE CITY OF ANGELS IN

THEIR ORDINANCE FOR ORGANIC WASTE DISPOSAL REDUCTION

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Celebrated Jumping Frog • City of Angels incorporated 1912 • www.angelscamp.gov Date: February 1, 2022
To: City of Angels City Council
From: Rose Beristianos, City Clerk
RE: SB1383, Letter for Calaveras County to include City of Angels in their Ordinance for Organic Waste Disposal Reduction
Recommendation
The letter attached is a draft that has been submitted to Calaveras County Integrated Waste Department for review. Should the Integrated Waste Department propose any changes, City staff recommends Council to allow City staff to make the needed changes and get approval from Legal, prior to having the letter signed by the Mayor.

BACKGROUND
On December 7, 2021 staff brought forward Resolution No. 21-54 to affirm a rural exemption from the requirement of mandatory organic collection services, and council approved the resolution.

Since then staff completed the exemption application with CalRecycle and is awaiting approval.

City staff contact Calaveras County Integrated Waste Department and discussed options to be included with the County. It was recommended that the City provide them a letter asking to be included. Staff has completed the draft letter and is waiting for comments from the County.

FINANCIAL IMPACT
There is no direct cost to the City.

ATTACHMENTS
Draft letter attached

The City of Angels herby authorizes Calaveras County to include the City of Angels in their Ordinance for Organic Waste Disposal Reduction.

As such, the Integrated Waste Manager of Calaveras County, or his/her representative is authorized and empowered to execute all necessary applications, contracts, agreements and amendments hereto for the purpose of meeting the requirement of SD1383 and to implement and carry out the purpose specified in the program. This authorization is valid for five (5) years from the County Board of Supervisors Adopted Ordinance.

Sincerely
Alvin Broglio, Mayor
.

City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA – 6.E

E. AUTHORIZATION OF RESOLUTION NO. 22-03, APPROVING THE MOU NEGOTIATION

BETWEEN ANGELS CAMP FIREFIGHTERS ASSOCIATION AND THE CITY OF ANGELS FOR A TERM BEGINNING, FEBRUARY 13, 2022 THROUGH JUNE 30, 2024

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Celebrated Jumping Frog • City of Angels incorporated 1912 • www.angelscamp.gov DATE: February 1, 2022
TO: City Council
FROM: Rose Beristianos, Administrative Services Officer RE: APPROVE RESOLUTION NO. 22-03. A RESOLUTION APPROVING THE MOU

NEGOTIATION BETWEEN ANGELS CAMP FIREFIGHTERS ASSOCIATION AND THE CITY OF ANGELS FOR A TERM BEGINNING, FEBRUARY 13, 2022 THROUGH JUNE 30, 2024

RECOMMENDATION
Staff recommends adoption of Resolution No. 22-03 approving a Memorandum of Understanding Between Angels Camp Firefighters Association (ACFA) for a three-year period beginning February 13, 2022 and continuing until June 30, 2024

BACKGROUND
Having met and conferred in good faith with Angels Camp Firefighters Association (ACFA) and discussions centering on wages healthcare benefits and other various important items, an agreement has been reached.

FINANCIAL IMPACT
There will be an increase to the budget due to the added benefits and employees. Staff has come up with a rough estimate of $32,215.54 for the last four months of the 2021/2022 Fiscal Year.

ATTACHMENTS
Memorandum of Understanding
Resolution 22-03

CITY OF ANGELS

CITY COUNCIL
Resolution #22-03

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ANGELS,

ADOPTING THE ANGELS CAMP FIREFIGHTERS ASSOCIATION

MEMORANDUM OF UNDERSTANDING
WHEREAS, the Angels Camp Firefighters Association members have met and conferred; and WHEREAS, the Association has approved the attached 3-year Memorandum of Understanding beginning February 13, 2022 through June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City of Angels, City Council does hereby approve the Memorandum of Understanding between the City and the Angels Camp Firefighters Association as set forth in Attachment A, which is attached hereto and made a part hereof.

PASSED AND ADOPTED this 1st day of February 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
Alvin Broglio
Mayor
ATTEST:
___________________________
Rose Beristianos
City Clerk

H O M E O F T H E J U M P I N G F R O G

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF ANGELS
And

ANGELS CAMP FIREFIGHTERS ASSOCIATION
February 13, 2022—June 30, 2024
Attachment A
City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
2 1. PARTICIPANTS
This Memorandum of Understanding (“MOU”) is entered into by the City of Angels, hereinafter referred to as CITY, and the Angels Camp Firefighters Association, hereinafter referred to as ASSOCIATION, and has as its purpose the promotion of harmonious labor relations between the CITY and the ASSOCIATION; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other conditions of employment.

2. RECOGNITION
The CITY recognizes ASSOCIATION as the recognized representative for the purpose of meeting and conferring on matters within the scope of representation for all full-time employees in the classifications listed in the Salary Schedule attached as Exhibit A to this MOU.

3. UNIT
For purposes of identification this unit shall be titled "The Fire Unit" and this MOU shall be applicable to full-time employees in the classifications listed in Exhibit A. The terms “employee,” “bargaining unit employee,” and “members of this unit” may be used interchangeably herein to mean all workers covered by this MOU

4. NON-DISCRIMINATION
The CITY and ASSOCIATION agree that there shall be no unlawful discrimination against, and/or harassment of employees or job applicants with respect to any terms or conditions of employment on the basis of actual or perceived: race, color, national origin, ancestry, sex (including pregnancy, childbirth, related medical conditions, or breastfeeding), gender, gender identity, gender expression, sexual orientation, age (40 or over), religion (including religious dress and grooming practices), physical or mental disability, medical condition, pregnancy, marital status, citizenship status, military or veteran status, genetic information or characteristics, or any other basis protected by applicable federal, state, or local law.

CITY and ASSOCIATION agree to protect the rights of all employees to exercise their free choice to join, or refrain from joining, ASSOCIATION.

ASSOCIATION recognizes its responsibilities as representative for the purpose of meeting and conferring and agrees to represent all probationary and regular full-time employees in the unit without discrimination, interference, restraint or coercion.

5. PERSONNEL RULES/AUTHORIZED REPRESENTATIVES
The CITY’s Personnel Rules, as may be amended from time to time after meeting and conferring with the ASSOCIATION, and the regulations and/or policies of the City of Angels Fire Department shall apply to employees covered by this MOU, to the extent that they are not in conflict with any provision of this MOU.

For purposes of administering the terms and provisions of the various ordinances, resolutions, rules and regulations adopted with this Memorandum of Understanding, CITY's principal authorized agent shall be the City Council or their duly authorized representative, except where a particular management representative is otherwise designated; ASSOCIATION's principal authorized agent shall be the President and/or employee or other representative designated by a majority of other employees.

City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
3 When requested by the CITY, persons who are representatives of the ASSOCIATION shall be given reasonable time off with pay to attend meetings with CITY representatives. The use of official time for this purpose shall be reasonable and shall not interfere with the performances of CITY services as determined by the CITY. Except by mutual agreement, the number of employees excused for such purpose shall not exceed two per recognized bargaining unit. Such employee/association representatives shall submit a request for excused absence to the department head, in a manner satisfactory to the department head, at least two working days prior to the scheduled meeting, whenever possible.

The ASSOCIATION shall be allowed by the CITY to use bulletin boards for communications having to do with official ASSOCIATION business, such as times and places of meetings, etc. In addition, employees will be allowed to use CITY facilities for meetings of the ASSOCIATION. Solicitation for membership or other internal association business shall be conducted during off-duty hours of all employees concerned. Prearrangement for contact must be made with the department head if conducted during the duty period of the employees, and sufficient reason why this cannot be done during off-duty hours must be provided.

6. PAYMENT OF ASSOCIATION DUES
A. Payment of dues shall be by payroll deduction. Upon receipt of written certification by the ASSOCIATION that an employee has signed a deduction authorization, the CITY will deduct the appropriate dues or fees from the employee’s pay as established and will remit such dues or fees to the ASSOCIATION. Payroll deductions for new members authorizing dues deduction will become effective the first of the pay period following CITY’s receipt of the written certification of authorization, provided that the written authorization is provided to the CITY before 5:00 p.m. the Friday before the end of the pay period. Should a dispute arise about the existence or terms of any employee’s authorization to deduct dues or fees, the ASSOCIATION will provide a copy of the individual authorization at issue to the CITY.

B. If an employee requests to cancel or change the deduction, the request must be directed to the ASSOCIATION and not to the CITY. Deductions will continue unless the ASSOCIATION provides the CITY written notice of the revocation or modification. Payroll deductions will cease or be modified the first pay period following receipt of written certification from the ASSOCIATION that the employee has revoked or modified the deduction authorization for dues or fees as long as the written authorization is provided before 5:00 p.m. the Friday before the end of the pay period. Neither the CITY nor the ASSOCIATION will discriminate against any unit member because of the exercise of their statutory rights.

C. In accordance with Government Code section 1157.12, ASSOCIATION agrees to hold the CITY harmless from all claims, demands, suits, losses, or other forms of liability that may arise against the CITY for or on account of any deduction made from the wages of such employees pursuant to this section.

7. HOURS OF WORK
The normal shift is twelve (12) hours with a work cycle of nine (9) shifts per pay period. The Fire Chief shall have the authority to modify the shift schedule; however, he/she must meet and confer on the impacts of such schedule change. This department has adopted the fourteen (14) day, twenty-six (26) work period schedule under the Fair Labor Standards Act (FLSA). The work period is not related to the pay period.

Employees shall work a basic schedule prepared by the department head and posted on the department City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
4 bulletin board.

Within the basic categories of workday, work week, work period, work shift, rest period, and meal period, the department head shall have the discretion to modify schedules to best meet the needs of the CITY. When changes are necessitated by special events or emergency conditions, the department head shall give employees as much advance notice as is reasonably possible under the circumstances.

8. OVERTIME
Overtime is defined as, assigned and authorized time worked beyond the established norm of one hundred six (106) hours in a work period of fourteen (14) days.

No overtime shall be worked except in case of an emergency/special events/special assignments/staff meetings/vacation relief/sick leave coverage as directed by the Fire Chief.

All compensable overtime must be authorized by the department head or his designated representative. If prior authorization is not possible because of emergency conditions, a confirming authorization will be sought as soon as possible.

Except as otherwise provided in the MOU, compensation for assigned and authorized overtime work for all members of the unit shall be at a rate equivalent to one and one-half times the straight hourly rate.

Overtime will normally be paid in the payroll cycle in which it was earned. In lieu of overtime, employees may accumulate up to a maximum of eighty-four (84) hours of CTO. Any additional overtime will be paid at the overtime rate.

9. CALLOUT PAY
Call out time is compensated at a two-hour minimum. Compensation for additional call outs within the same initial two hour call out period shall not be authorized. If actual time worked exceeds 2.75 (two and three quarter) hours worked, overtime shall be paid instead of the two-hour minimum. If a call out occurs within two hours of the normal start time there shall be no two-hour compensation; however, time and a half shall be paid for additional time worked exceeding the normal twelve-hour day.

10. HOLIDAY PAY
Members of this unit are entitled to one hundred sixteen (116) hours of holiday pay per year in lieu of time off for holidays. Members of this unit shall receive a lump sum for holidays twice a year, fifty-four (54) hours of pay on the 30th of November and sixty-two (62) hours of pay on the 30th of June. Such payments will be by a check separate from the employee’s normal paycheck.

11. VACATION ACCRUAL
Accrual - All full-time bargaining unit employees shall be entitled to annual vacation leave, with pay according to the number of years of employment, based on the following scale. Accrual in the first year starts at day one of employment until completion of each year. 0 through 5 years:

Employees hired prior to January 1st, 2022 - In the first through completion of the fifth year of continuous employment, eligible employees accrue vacation at a rate which results in one hundred eight (108) hours of vacation per year for each year of continuous employment. Unless otherwise required by law or under City policy, an employee with less than one year of service may take accrued and unused City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
5 vacation after six months of employment.

Employees hired on or after January 1st, 2022 - In the first through completion of the fifth year of continuous employment, eligible employees accrue vacation at a rate which results in eighty-four (84) hours of vacation per year for each year of continuous employment. Unless otherwise required by law or under City policy, an employee with less than one year of service may take accrued and unused vacation after six months of employment
6 through 10 years:

Employees hired prior to January 1
st
, 2022 - In the sixth through completion of the tenth year of continuous employment, eligible employees accrue vacation at a rate which results in one hundred sixtytwo (162) hours of vacation for each year of continuous employment.

Employees hired on or after January 1
st
, 2022 - In the sixth through completion of the tenth year of continuous employment, eligible employees accrue vacation at a rate which results in one hundred twenty-six (126) hours of vacation for each year of continuous employment. 11 and following years:

Employees hired prior to January 1st, 2022 - In the eleventh and following years of continuous employment, eligible employees accrue vacation at a rate which results in two hundred sixteen (216) hours of vacation per year of continuous employment.

Employees hired on or after January 1
st
, 2022 - In the eleventh year of continuous employment, eight additional paid vacation hours are accrued in each additional year of continuous employment until a maximum of one hundred sixty-six (166) hours is reached at fifteen years as set forth in the following chart:
11 years 134 hours
12 years 142 hours
13 years 150 hours
14 years 158 hours
15 years and
beyond 166 hours
Employees should request to schedule vacation days as far in advance as possible. Vacations will be scheduled to provide adequate coverage of jobs and staff requirements. Vacation does not accrue during unpaid leaves of absence or other periods of inactive service.

Vacation accrues to and will be capped at a maximum of one and one-half (1 ½) times the employee’s annual accrual. Once that maximum amount is reached, no further vacation will accrue until some vacation time is used to reduce the employee’s balance below the maximum annual accrual. Employees who have accruals in excess of the applicable cap as of the effective date of this Agreement will continue to accrue vacation for one year from the effective date of this Agreement in order to allow the employee time to use vacation and reduce their accrual below the applicable cap. If the employee’s accrual is not reduced below the applicable cap with the one-year period, the employee will cease to accrue additional vacation at that time until such time as their accrued vacation time falls below the maximum cap.

Employees are responsible to keep track of accrued vacation time.

In Lieu Pay - In the event an employee has made at least three requests for vacation during a fiscal year City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
6 (July 1st to June 30th) and has been turned down due to specific needs of the CITY, the employee will receive pay in lieu of vacation time requested, which will be deducted from the employee’s vacation bank. Employees must present documentation of the denied requests to the Administrative Services Officer in order to receive in lieu pay under this section.

The CITY may, in its discretion, schedule vacation time for employees in accord with its business needs or may buy back unused accrued vacation time in December at the end of each calendar year during the period this MOU is in effect. Additionally, employees may request to cash out up to forty (40) hours of accrued vacation time each calendar year. Such requests will be granted provided, in the City Administrator’s sole discretion, CITY’s business needs and financial abilities allow. It is the intent of the CITY that employees use vacation time for its intended purpose.

12. UNIFORMS/CELL PHONE
The Department shall provide all necessary uniforms at the CITY expense as follows:

Bargaining unit employees are entitled to Uniform Allowance of seven hundred fifty dollars ($750.00) per year. Members of this unit shall receive a lump sum for uniforms twice a year on the 30th of November and the 30th of June. Payments shall be prorated, starting the first full month after beginning FTE. The Uniform Allowance shall be taxed as required by law; however, employees may submit valid receipts for uniform purchases prior to the allowance being paid to eliminate taxation of this benefit. If receipts are submitted and the amount is provided as a reimbursement to the employee, PERS pension contributions will not be calculated on the reimbursement amount. Uniforms and/or safety equipment destroyed or damaged beyond reasonable use while on duty and in line of duty shall be replaced by the CITY at CITY expense.

Employees in the classification of Fire Marshall/Deputy Fire Chief who are required to use their personal cell phone in the course of their duties shall receive a monthly stipend of forty and no/100’s ($40.00).

13. SICK LEAVE
A) Eligibility - Employees with accumulated sick leave may be granted sick leave for the following:

1. Preventative care, illness or physical incapacity of the employee.

2. Enforcement quarantine of the employee in accordance with community health regulations.

3. Illness or injury in the immediate family will be granted in accordance with the Family Medical Leave Act.

4. Medical, vision and dental office appointments which cannot be scheduled at other than work hours.

5. For diagnosis, care or treatment of a medical condition or preventative treatment for an employee’s family member in accordance with California Paid Sick Leave laws.

6. To obtain relief or services related to bring a victim of domestic violence, sexual assault or stalking in accordance with California Paid Sick Leave laws.

B) Accrual and Use of Sick Leave - Sick leave pay shall be calculated using the effective pay period. All bargaining unit employees shall be granted nine (9) hours of accrued sick leave for City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
7 each full month of service, which results in one hundred eight (108) hours of paid sick leave per year. Employees are not eligible to draw on this sick leave until they have completed ninety (90) days of service for the CITY.

C) Doctors Certificate - After three (3) days off, employees will be required to file a physician's certificate with the Fire Chief stating that the employee is fit to work prior to returning to duty.

D) Cap on Accrual/Unused Sick Leave - Unused sick leave shall be accumulated from year to year. Employees who are employed as of the effective date of the Agreement may accrue sick leave to a maximum of one thousand sixty-four (1,064) hours. Employees who are hired after January 1st, 2022, may accrue sick leave to a maximum of seven hundred twenty (720) hours.

E) The CITY shall compensate employees for unused accumulated sick time upon retirement or the employee's voluntary separation from service after a total of fifteen (15) continuous years as a full-time employee with the CITY. Compensation shall be at a rate of fifty percent (50%) equaling one (1) hour pay for every two (2) hours accumulated.

F) Family Care Sick Leave - Employees may use ½ of their accumulated sick leave to attend to illnesses in the immediate family in accordance with California Kin Care Laws.

14. BEREAVEMENT
Bereavement leave may be used by employees when they are required to be absent from work because of a death in their immediate family, not to exceed three (3) days or five (5) days if out of state, per incident. This will not be charged to sick leave. Immediate family shall include father, mother, loco parentis, brother, sister, spouse or child of the employee. Additional consideration may be given in special cases as determined by the City Administrator.

15. LEAVES OF ABSENCES
Leaves of absence will be administered in accordance with state and federal law and CITY policies as set forth in the Personnel rules, as may be amended from time to time.

The CITY complies with California and federal law governing family and medical leaves. The provisions of this section shall be applied in conformity with the California Family Rights Act and the Federal Family Medical Leave Act.

Employees may request, from the City Administrator, a leave of absence "without pay" up to a maximum of one year for the following reasons:

A) Prolonged illness.

B) To attend school or college or to enter training to improve the quality of his/her service.

C) Jury Duty. Time off for jury duty will be granted as required by law and in accordance with CITY policy. In such cases, the employee shall be paid his/her regular salary and jury fees that he may receive from the Court shall be remitted to the CITY, except pay for travel and meals. Once released from jury duty, the employee shall return to work to complete his/her assigned shift.

D) Military leave will be granted in accordance with the State law.

City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
8 E) An employee who is absent from duty for any reason shall report the reason thereof to his/her supervisor or the City Administrator immediately on the day of absence, unless prevented from doing so.

F) All unauthorized and unreported absences shall be considered as absence without leave and a deduction of pay shall be made for each period of such absence. Voluntary absence without leave for five (5) consecutive days shall be considered as an automatic resignation from CITY service.

16. SALARY/STRIKE PAY
The CITY and the ASSOCIATION agree that the pay plan shall be as currently reflected in this MOU as Exhibit ‘A.’ Except as otherwise herein provided, the entrance salary for a new employee shall be the minimum salary for the class to which he/she is appointed. Experience and training may be considered in the salary schedule. In any event, such salary may not be more than the maximum salary for the class to which the employee is appointed.

A 2.5% incentive will be paid to the Department Training Officer.

Employees who are requested to serve on a special assignment with a strike team for unanticipated emergency fire operations outside the CITY’S local jurisdiction either through the CALFire Assistance by Hire Agreement or the California Fire Assistance Agreement (CFAA) shall be paid at the overtime rate set forth in the applicable CFAA Rate Letter, the negotiated reimbursement mechanism for local government fire agency responses through the California Fire Service and Rescue Emergency Mutual Aid System. Strike team pay is separate from regular straight time or overtime compensation for employees’ regular firefighting duties; and shall be consistent with the hours submitted for reimbursement to federal, state or local agencies, beginning at the time of initial dispatch from home base to the time of return to home base (portal to portal).

The CFAA Rate Letter effective June 1, 2021, is attached as Exhibit B to this MOU. Should a new CFAA Rate Letter be published during the term of this MOU, the new rates will be adopted.

17. PROMOTIONS AND SALARY INCREASE
It shall be the responsibility of the department head to report service that is less than satisfactory to the City Administrator. Documentary records and/or appraisal reports must be maintained and discussed with the employees at least once every year, and more often if considered desirable by the CITY.

Payment of salaries and wages for all employees will be paid on a fourteen (14) day basis. This will be a total of twenty-six (26) paychecks per year. Overtime and other pay will be paid on a fourteen (14) day cycle.

The probationary period for newly hired firefighters shall be one year. While on probation, the status of the employee is “At Will” defined as working at the pleasure of the department head. As such, the employee, during his/her probationary period, is subject to termination without cause.

18. ADDITIONAL BENEFITS
All benefits included with the MOU apply only to bargaining unit employees. Benefits for nonbargaining unit part-time employees are not part of this MOU.

BENEFITS AND INSURANCE PLANS:

A) Medical Insurance
Medical care and prescription drug benefits shall be provided to CITY employees City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
9 pursuant to the California Public Employees Retirement System (PERS) Public Employee Medical and Hospital Care Act (PEMHCA).

For all active and retired employees enrolled in a CalPERS PEMHCA Medical Plan, the CITY shall contribute the required Minimum Employer Contribution (MEC) plus any adjustment by the PERS Board to reflect any change in the medical care component of the Consumer Price Index, rounded to the nearest dollar.

Each year the PERS PEMHCA MEC amount shall be adjusted by the PERS Board to reflect any change in the medical care component of the Consumer Price Index, rounded to the nearest dollar. The CITY will pay the required adjusted amount.

City Contribution - The CITY shall, for active employees, contribute the following monthly amounts based upon the actual election of medical plan and level of coverage by the employee.

Employee Only:

Current monthly premium for the lowest premium available PERS Plan.

Employee Plus One:

For employees hired prior to January1, 2022--Current monthly premium for the lowest premium available PERS Plan for Employee only plus seventy-five percent (75%) of the additional lowest cost monthly premium for one dependent.

For employees hired on or after January 1, 2022--Current monthly premium for the lowest premium available PERS Plan for Employee only plus fifty percent (50%) of the additional lowest cost monthly premium for one dependent.

Family:

For employees hired before January 1, 2022--Current monthly premium for the lowest premium available PERS Plan for Employee only plus seventy-five percent (75%) of the additional lowest cost monthly premium for a family.

For employees hired on or after January 1, 2022-- Current monthly premium for the lowest premium available PERS Plan for Employee only plus fifty percent (50%) of the additional lowest cost monthly premium for a family.

Employee Plan Option: An employee may choose a different eligible PERS health care plan; however, the employee will be responsible for any additional premium cost above the maximum paid by the CITY for the corresponding tier of the lowest premium available PERS Plan.

B) Alternative Insurance
Employees with proof of alternate insurance may opt out of CITY health insurance coverage as set forth in this section and, in lieu, receive a cash payment of two hundred fifty dollars ($250.00) per month.

City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
10 In no event will employees receive more than fifty percent (50%) of the employee only premium paid as salary if they waive all medical coverage.

C) Dental Insurance
Dental care benefits shall be provided to CITY employees.

The CITY shall contribute 100% of the employee only premium.

For employees opting for employee plus one or employee plus family, the CITY shall pay sixty percent (60%) of the difference between the employee only premium and the respective employee plus one or employee plus family.

D) Vision Insurance
Vision care benefits shall be provided to CITY employees.

The CITY shall contribute 100% of the employee only premium.

E) Life Insurance and Long-Term Disability
The CITY shall contribute the full cost towards a CITY sponsored long-term disability and group term life insurance program administered through Assurant.

Employees are responsible for the payment of any costs in excess of the maximum CITY contribution.

The CITY will provide Long-Term Disability insurance coverage equal to sixty-six and two-thirds percent (66.6%) salary per month subject to the maximum monthly benefit as described by the plan with a maximum ninety (90) calendar days wait period.

Group term life insurance coverage shall be fifteen thousand dollars ($15,000) for natural death and thirty thousand dollars ($30,000) accidental death for employee only.

F) Retiree Health Insurance
a. For employees hired prior to July 1
st
, 2009, who have a minimum of five (5)
years of service with the CITY, the CITY shall contribute on a monthly basis an amount equal to fifty percent (50%) of the current premium contribution for employee only minus the PEMHCA MEC contribution in Section 17 A. b. For employees hired after July 1st, 2009, who have a minimum of ten (10) years of service with the CITY, the CITY shall contribute on a monthly basis an amount equal to fifty percent (50%) of the current premium contribution for employee only minus the PEMHCA MEC contribution in Section 17 A. c. Upon retirement, should the employee elect not to participate in the retiree medical benefit plan, the CITY's contribution will be zero and it will be an irrevocable election.

City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
11 G) Public Employees Retirement System (P.E.R.S.)
Employees hired prior to July 1
st
, 2010, participate in the PERS 2% at 55 full and
modified formula for active local safety members. Participation requires a payment of 7% of the employee's gross salary for the 2% at 55 benefit.

Pursuant to the Public Employees' Pension Reform Act (PEPRA), any employee hired on or after January 1st, 2013, who is a "new member" as defined by PEPRA shall participate in the PERS 2% at 57 full and modified formula for active local safety members. Participation requires employees to contribute one-half (½) of the "normal cost" of the benefit, rounded to the nearest one-fourth (¼) of 1% or the current contribution rate of similarly situated employees, whichever is greater. Employee contributions will be paid on a pre-tax basis.

H) Longevity Pay
Employees are eligible for longevity pay based on years of continuous full-time service with the CITY. Longevity pay will be added to base salary as follows:

2.5% at 10 years of continuous service.
5% at 15 years of continuous service.

7.5% at 20 years of continuous service.
10% at 25 years of continuous service.

19. TUITION REMBURSEMENT
CITY shall pay fees due for the renewal certificates and licenses pertaining to the position which an employee presently occupies.

The CITY shall reimburse employee's expenses for tuition, books and materials upon the demonstration of satisfactory completion of the course for approved courses relating to their perspective jobs.

20. EDUCATIONAL INCENTIVE PROGRAM
Employees who obtain degrees, licenses, certifications, permits and/or successfully complete continuing education courses in their related field may be entitled to incentive compensation to be added to their base salary. No incentive pay will be provided for employees who complete work that is required or can reasonably be construed as being required to fulfill the requirements of their position. At no time will the maximum allowable incentive compensation exceed five percent (5%).

Due to the broad range of credentials available relative to the many categories of employment, the City Administrator shall use his/her discretion with input from the department head to determine the appropriate incentive compensation.

Prior to beginning work in an area that may qualify under this program, it shall be the responsibility of the employee to submit through their supervisor a written request for verification of potential incentive pay percentage. Requests shall include a curriculum or description of studies or scope of testing.

Employees already possessing such credentials shall submit in writing their request in the same manner as above.

City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
12 General Guidelines:
60 units or equivalent or an A.A. degree = 2%
120 units or equivalent or B.S. or B.A. = 3%
180 units or equivalent or Masters = 4%
Professional Credentials = 5%
International or National Certification= .5 to 4%
State Certification = .5 to 2%
Certification, Permit or License = .5 to 1%
CITY shall reimburse employee's expenses for tuition, books and materials upon the demonstration of the satisfactory completion of the course for approved courses relating to their perspective jobs.

21. BILINGUAL PAY
Employees who are proficient in languages designated by the CITY may be eligible for bilingual pay.

Employees who have passed a CITY approved bilingual proficiency test in a designated language may be designated as eligible for bilingual pay by their department head. Upon approval by the City Administrator, the employee shall receive a monthly stipend in the amount of fifty dollars ($50.00) per month. Employees must regularly use their bilingual skills in the course and scope of their employment to remain eligible for bilingual pay.

22. EMPLOYEE BONUSES
Essential Employee Bonus: In recognition of bargaining unit employees’ service to the CITY and its citizens during the challenges presented by the public health pandemic, the CITY will provide a one-time bonus in the amount of two thousand five hundred dollars ($2,500.00) to employees who have been continuously employed in a full-time bargaining unit capacity by the CITY less than five (5) years as of the date this Agreement takes effect. The CITY shall provide a one-time bonus of five thousand dollars ($5,000.00) to employees who have been continuously employed in a full-time bargaining unit capacity by the CITY for five (5) or more years as of the date this Agreement takes effect. The bonus shall be payable the first full pay period following ratification and approval of the MOU.

COVID-19 Vaccine Bonus - The CITY shall provide a one-time bonus in the amount of five hundred dollars ($500.00) to all employees who have been fully vaccinated against COVID-19. Employees who have received a COVID-19 booster vaccination will receive an additional one-time bonus in the amount of $500.00. The bonuses shall be contingent on: 1) ratification and approval of this MOU, and 2) documentation that the vaccination(s) have been received being presented to the Administrative Services Officer. Vaccine bonuses shall be payable the first full pay period after ratification and approval have occurred and documentation has been presented.

23. GRIEVANCE PROCEDURE
This procedure is established in order to provide adequate opportunities for CITY employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction. The procedure set forth shall apply to all employees' grievances.

Procedure:

A) In any instance of grievance, the employee concerned shall first make efforts to City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
13 resolve such grievances with his/her department head.

B) In the event that such efforts do not produce a settlement satisfactory to the employee, he may submit his/her complaint in writing to the department head.

C) Upon receipt of the written statement, the department head shall make such investigation as required and reply in writing to the employee within ten (10) days after receipt of the statement from the employee.

D) If the employee wishes to discuss the grievance further, he shall, within three (3) working days of the receipt of the reply from the department head, submit a written request for a meeting with the City Administrator.

E) The requested meeting will be held by the City Administrator at the earliest date possible but not later than ten (10) working days after the request. At the meeting the employee, the department head and any other persons deemed pertinent to the grievance and invited by the City Administrator, the employee or the department head, may be present. The conclusions determined at this meeting shall be communicated to the employee within three (3) working days following the meeting.

F) If the employee is still not satisfied with the findings or if it is felt by the City Administrator that Council determination is necessary, either the employee or the City Administrator may request an audience with the Personnel Committee within ten (10) working days. Such meeting shall take place within fifteen (15) working days after receipt by the Committee of such written request. The Committee may:

1. Designate further study into the matter and arrive at a determination within thirty (30) calendar days.

2. Recommend changes to take place over a designated period of time, to be commenced within 30 days.

3. Refer the matter to the Council as a whole.

If referred to the Council, the Council may:

1. Designate further study into the matter and arrive at a determination within thirty (30) calendar days.

2. Recommend changes to take place over a designated period of time, to be commenced within 30 days.

3. Make an immediate determination, in which case the decision of the Council is final.

24. DISCIPLINARY ACTION - AUTHORIZED PROCEDURE
Any regular employee may be reprimanded, suspended, demoted to a lower classification or dismissed by the appropriate appointing authority by an order in writing, stating specifically in ordinary and concise language the facts or omissions upon which such action is based. The appointing authority is defined as the person or group having lawful authority to appoint or remove persons from positions in the CITY service. Prior to a suspension of more than one (1) workday, demotion or dismissal, the appointing authority must contact and discuss such action with the City Administrator. All orders for suspension, demotion or dismissal shall be reviewed by the City Attorney for legal sufficiency. All orders shall then City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
14 be filed with the City Administrator and a copy thereof shall be served upon the employee who is the subject of the disciplinary action. If personal service upon the employee is impossible, a copy of the order shall be sent by certified mail to the employee at his/her last known address.

25. DISCIPLINARY ACTION - GROUNDS
Each of the following constitutes (but are not limited to) cause for suspension, demotion or dismissal of an employee or person whose name appears on any employment list:

A) Fraud in securing appointment.

B) Incompetence.

C) Inefficiency.

D) Inexcusable neglect of duty.

E) Insubordination.

F) Threat of assault of supervisor of other employees.

G) Falsifying records.

H) Drunkenness on duty.

I) Intemperance.

J) Addiction to the use of narcotics or habit-forming drugs.

K) Inexcusable absence without leave (absenteeism and tardiness).

L) Conviction of a felony or conviction of a misdemeanor involving moral turpitude.

M) Discourteous treatment of the public or other employee.

N) Obscene or immoral conduct.

O) Political activity which is in violation of federal, state or local laws and regulations.

P) Violation of this chapter.

Q) Any other failure of good behavior or acts, either during or outside of duty hours, which are incompatible with or inimical to the public service.

R) Refusal to take and subscribe to any oath or affirmation which is required by law in connection with employment.

S) Dishonesty.

T) Failure to obtain required operator's license or permit.

U) Failure to live within a reasonable emergency call out distance (half an hour).

City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
15 26. DISCIPLINARY ACTION - RIGHT OF APPEAL
Any employee, other than a probationary employee, who is served notice of proposed suspension, demotion or dismissal, may appeal such action by filing notice with the department head within seven (7) calendar days after service of such notice on the employee. Said employee may file notice of appeal in fewer than seven calendar days. The department head may amend, modify or revoke any or all of the charges, including the proposed disciplinary action.

Regardless of whether the employee responds to the charges to the department head, the employee has the right to file with the City Administrator, within the above-mentioned time limitation, as provided under the existing memorandum of understanding, a written appeal from the proposed action.

In the event of the suspension of a regular employee without pay, any hearing held regarding that matter shall be held before the City Administrator. In the event of an appeal of a demotion or dismissal of a regular employee, the City Council shall, at its option, designate a hearing officer to hear the matter. The hearing officer so designated shall be a duly licensed California attorney admitted to practice in this State for at least ten (10) years and shall not be from the office of the City Attorney: Any hearing officer designated by the City Council shall, within a reasonable length of time, not exceeding thirty (30) days, hold a hearing and shall notify the parties of the time and place thereof. If the employee fails to appeal within the time specified, the disciplinary action of the department head shall be final.

27. DISCIPLINARY ACTION - HEARING
The following rules shall apply to any hearing conducted under the provisions of this chapter:

A) The hearing shall be private, except that if the employee requests that the matter be heard publicly, it shall be so heard.

B) The hearing shall be conducted in accordance with Section 11513 of the Government Code.

C) The provisions of Section 11507.6 of the Government Code shall apply to any hearing conducted pursuant to this chapter and shall provide the exclusive right to and method of discovery except that time limitations will be those established by the hearing officer. In those cases where the City Council rehears the matter, as provided by Section 18-E of this chapter, the City Council shall establish such time limitations.

D) All costs related to the hearing directed to be incurred by the hearing officer and all fees of the hearing officer will be shared equally by the parties, except that in the event the employee is fully reinstated, such costs and fees will be borne by the CITY.

Other costs, including attorney's fees, shall be borne by the party who incurs said costs.

E) Probationary employees may be dismissed without a hearing.

28. DISCIPLINARY ACTION - RESOLUTION OF APPEAL PROCEDURE The hearing officer shall, within fifteen (15) workdays after the hearing provided for in Section 18-D, make a finding as to whether the employee was suspended, demoted or dismissed for reasonable cause, and shall also make a recommendation as the appropriate disposition of the case. Written findings and City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
16 recommendations shall be forwarded by the hearing officer to the City Administrator, the affected department head and the employee. These findings and recommendations must be presented to the City Council at its next regular meeting.

In all other instances, the City Council will take the findings and recommendations of the hearing officer under advisement and will render a decision within twenty (20) days after the presentation of said findings and recommendations to the City Council.

The City Council may:

A) Follow the recommendation of the hearing officer; or B) Reinstate the employee; or
C) Order any disciplinary action which it judges to be appropriate based on the evidence; or
D) Rehear the matter under the provisions of Section 18-D. In such case, the City Council’s decision shall be transmitted to all interested parties.

E) All the records in the matter shall be remanded to the City Clerk for filing.

29. MANAGEMENT RIGHTS/ RESPONSIBILITIES.

Except to the extent that the rights, powers, and authority of CITY are specifically limited by the provisions of this Memorandum of Understanding, CITY retains all rights, powers, and authority granted to it. Nothing herein shall be construed to restrict any legal or inherent exclusive CITY rights with respect to matters of federal legislative or managerial policy, which include among others: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty for legitimate reason; maintain the efficiency of governmental operations to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. This agreement is not intended to be construed to modify the provision of The Municipal Code relating to Civil service or personnel administration. CITY shall continue to exercise authority over classification of jobs, procedures and standards of selection for employment and promotion.

30. ASSOCIATION RESPONSIBILITY.

ASSOCIATION agrees that during the term of this agreement, neither it nor its officers, employees or members will engage in, encourage, sanction, support or suggest any strikes, work stoppages, boycotts, slowdowns, mass absenteeism, picketing or any other similar actions which would involve suspension of, or interference with the normal work of the CITY. In the event that any concerted action as described above occurs, ASSOCIATION will notify its members that such activity is a violation of this Memorandum of Understanding and ASSOCIATION will notify its members that such concerted action shall cease, and the members shall return to work or be subject to disciplinary action.

31. SCOPE OF AGREEMENT
For the term of this agreement, the Memorandum of Understanding fully and completely incorporates the City of Angels
Angels Firefighters Association MOU
February 13, 2022-June 30, 2024
17 understanding of the parties hereto and constitutes the sole and entire understanding between the parties, provided, however, that nothing herein shall prohibit the parties from changing the terms, or any part of the terms, of this MOU, by mutual agreement.

Negotiations will be conducted by the designated negotiator(s) of the City of Angels, and by the representative(s) from the City of Angels Firefighters Association.

Should agreement not be reached by the effective end date of this MOU, this MOU shall be automatically extended and continue in effect until a new MOU can be negotiated and executed.

32. SEPARABILITY
In the event that any provision of this MOU is declared by Court of competent jurisdiction to be unenforceable or illegal, such nullification shall not affect any other provisions of the MOU, which shall remain in full force and effect.

33. TERM OF AGREEMENT
The effective date of this MOU shall be the first day of the first payroll period that falls after ratification and approval of this Agreement. This MOU shall be effective through June 30, 2024.

Any amendments and the signature page shall be attached to the original MOU.

City of Angels Firefighters Association City of Angels
By:______________________ By:___________________
Nathan Pry, Deputy Fire Chief Alvin Broglio, Mayor
By: ______________________ By:_____________________
Mike Eggener, OE3 Interim City Administrator
City of Angels Camp
Fire Salary Schedule
Range Step 1 Step 2 Step 3 Step 4 Step 5
Deputy Fire Chief/Fire Marshall $28.52 $29.95 $31.45 $33.02 $34.67 (Based on 2808 Hr) $6,673.68 $7,008.30 $7,359.30 $7,726.68 $8,112.78 $80,084.16 $84,099.60 $88,311.60 $92,720.16 $97,353.36
17 Batallion Chief $20.10 $21.10 $22.16 $23.27 $24.43
(Based on 2808 Hr) $4,703.40 $4,937.40 $5,185.44 $5,445.18 $5,716.62 $56,440.80 $59,248.80 $62,225.28 $65,342.16 $68,599.44
Fire Captain $19.00 $20.00 $21.00 $22.00 $23.00
(Based on 2808 Hr) $4,446.00 $4,680.00 $4,914.00 $5,148.00 $5,382.00 $53,352.00 $56,160.00 $58,968.00 $61,776.00 $64,584.00
Fire Lieutenant $17.00 $18.00 $19.00 $20.00 $21.00
(Based on 2808 Hr) $3,978.00 $4,212.00 $4,446.00 $4,680.00 $4,914.00 $47,736.00 $50,544.00 $53,352.00 $56,160.00 $58,968.00
Exhibit A
City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA – 6.F

F. REQUEST FOR CITY COUNCIL APPROVAL TO ALLOW BOUNCE HOUSES (INFLATABLE

STRUCTURES) IN CITY PARKS SUBJECT TO APPROVING AN APPLICATION AND

PROVIDING APPROPRIATE INSURANCE AND INDEMNIFICATION WITH APPLICATION FEE TO BE ESTABLISHED IN CONJUNCTION WITH THE ANNUAL UPDATE OF THE CITY’S

FEE SCHEDULE,

PL A N NI N G DE PAR T ME NT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

MEMORANDUM
DATE: February 1, 2022
TO: City Council
FROM: Amy Augustine, City Planner
RE: Request for City Council approval to allow Bounce Houses (inflatable structures) in City Parks subject to approving an application and providing appropriate insurance and indemnification with application fees to be established in conjunction with the annual update of the City’s fee schedule.

RECOMMENDATION:

Authorize staff to establish a permit for bounce houses (inflatable structures) in City Parks subject to approving an application and providing appropriate insurance and indemnification with application fees to be established in conjunction with the annual update of the City’s fee schedule.

BACKGROUND:

The City recently received an application for an event at Utica Park requesting permission to install a bounce house.

Upon consultation with the City’s Risk Manager, it was recommended that the City use the attached model from the City of Oakdale for inflatable structures. The Oakdale process requires a permit application with adequate insurance and City indemnification.

It is anticipated that a review of a permit application for “inflatable structures” will, at a minimum, require input from the City’s Fire Department, Public Works Department, and Building Department (to review location, safety, preserve ingress and egress); plus, administration by a permit technician and the City’s Risk Manager. It is estimated that this will require approximately ¼ hour review by each department and up to one hour by a permit technician to circulate the application and issue a permit. Based on the City’s current fee schedule and the hourly rate schedule for each position, the fee for processing the permit is estimated at approximately $106. The City currently charges $104.44 for temporary vendor permits. Staff recommends that a similar fee be charged for issuing a permit for “inflatable structures”.

Because fee amendments generally require a public hearing and special process for adoption; staff is recommending that establishing a fee for this new permit be deferred until the City’s annual fee update in conjunction with adopting a new budget.

FISCAL IMPACT:

It is anticipated that one, and possibly two such permits could be requested between now and the City’s annual fee update in July. Therefore, this could cost approximately $212 in staff time for which there would be no offsetting fees collected.

City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA – 6.G
G. UPDATE REQUEST TO APPROVE AGREEMENT FOR THE SCHOOL RESOURCE OFFICER

POSITION BETWEEN THE CITY OF ANGELS CAMP AND BRET HARTE SCHOOL DISTRICT DATE: 2/1/22
TO: City Council
FROM: Scott Ellis, Chief of Police
RE: UPDATED REQUEST TO APPROVE AGREEMENT FOR THE SCHOOL RESOURCE OFFICER POSITION

BETWEEN THE CITY OF ANGELS CAMP AND BRET HARTE SCHOOL DISTRICT

RECOMMENDATION
It is recommended that the Angels Camp City Council approve the agreement between the City of Angels Camp and the Bret Harte School Unified District for the School Resource Officer Position.

BACKGROUND
In September of 2021 a request to approve an agreement between the City of Angels Camp and Bret Hart School District was presented to council. The request was granted by council and agreement signed by involved parties.

DISCUSSION
Due to staffing issues and an inability to find a qualified full-time police officer at this time we were unable to fulfill the contract as is. The Angels Camp Police Department recently identified an individual to fill the capacity as a School Resource Officer on a part-time only basis. Due to this change of work hours a modification to the agreement was necessary. The verbiage for a full-time position remains in tact should a person be identified in the near future to fill that need.

FINANCIAL IMPACT
No additional financial impact will be incurred as the position was included when constructing the 2021-22 FY police department budget.

ATTACHMENTS
Agreement

City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA – 6.H

H. AUTHORIZATION LETTER OF SUPPORT – CALFIRE GRANT SHADED FUEL BREAK

CALAVERAS FOOTHILLS FIRESAFE COUNCIL
[email protected] (209) 532-7376/(209) 743-2323 (c) DATE: February 1, 2022
TO: City Council
FROM: Amy Augustine, City Planner
RE: LETTER OF SUPPORT – CALFIRE GRANT SHADED FUEL BREAK CALAVERAS FOOTHILLS FIRESAFE

COUNCIL

RECOMMENDATION
Authorize the Mayor to sign a letter of support for the above-captioned project.

BACKGROUND
The Calaveras Foothills Fire Safe Council is working with City of Angels residents and property owners to design a shaded fuel break generally in the vicinity of Gold Cliff Road and potentially including other lands in and surrounding the City (e.g., the City’s Altaville Sanitary District parcel, wastewater treatment plant parcels, parcels adjacent to Utica Park, and other high-fire hazard lands extending to Copello Road and within and surrounding the City limits) to reduce fire hazard in the wildland urban interface (WUI).

FINANCIAL IMPACT
There is no direct cost to the City.

ATTACHMENT
Draft letter of support
[LETTERHEAD]
DRAFT
February 1, 2022
TO: Cal Fire Grants Management Unit
RE: Calaveras Foothills Fire Safe Council Fire Prevention Grant # FP-TCU-__________________ To Whom It May Concern:

The City of Angels supports the Calaveras Foothills Fire Safe Council application to create a shaded fuel break within and around the City of Angels within the wildland urban interface.

As you know, fires from surrounding wildlands can endanger the City just as fires from the City can endanger the surrounding SRA wildlands.

A fuel break near this concentrated population area would reduce fire risk and protect critical infrastructure.

The City of Angels strongly supports the Calaveras Foothills Fire Safe Council’s efforts to reduce fuel loads within the wildland urban interface and believes the effort will potentially save many lives, property, and critical infrastructure.

Sincerely,
Alvin Broglio, Mayor
City of Angels
City of Angels Council Meeting
FEBRUARY 1, 2022 CONSENT AGENDA 6. I
I. Adopt Resolution No. 22-04, Authorizing the City to Implement Teleconferenced Public Meeting Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment, Mayor and City Council {CW110982.1}
MEETING DATE: February 1, 2022
TO: Mayor and City Council
FROM: Douglas L. White, City Attorney
RE: Resolution No. 22-04, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resolution authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

BACKGROUND:

On September 16, 2021 Governor Newsom signed Assembly Bill (“AB”) 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act. On September 20, 2021, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021.

AB 361, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the governor and when state or local health officials have imposed or recommended measures to promote social distancing.

REASONS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta and Omicron variants have surged in California, the Legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards.
{CW110982.1}
A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that if a local agency conducts teleconference meetings in reliance on AB 361, the local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Over the past year, the Angels Camp City Council meetings have been held with virtual hybrid teleconference components. The City Council Chamber is not open for public attendance, but public participation is ensured through a virtual environment. {CW110982.1}
FISCAL IMPACTS:

There is no fiscal impact.

OPTIONS:

1. Adopt the Resolution;

2. Continue the item for later consideration of the City Council with direction to City staff; or

3. Reject the Resolution.

ATTACHMENTS:

1. Resolution
{CW110983.1}
RESOLUTION NO. 22-04

A RESOLUTION OF THE CITY OF ANGELS CAMP CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF ANGELS PURSUANT TO ASSEMBLY BILL
361 AND BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Angels (the “City”) is committed to preserving public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, amending Government Code section 54953, subdivision (e) to allow for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition for remote teleconferencing participation in meetings by members of a legislative body is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS, there has been a significant increase in COVID-19 cases due primarily to the Omicron variant and COVID-19. Emerging evidence indicates that the {CW110983.1}
Omicron variant is far more transmissible than prior variants of the virus, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF
ANGELS CAMP DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Calaveras County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.

Section 3. Remote Teleconference Meetings. The legislative body and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.
{CW110983.1}
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 4, 2022, or (ii) such time the City Council makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF ANGELS CAMP ON THIS 1ST DAY OF
FEBRUARY, 2022 BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:
______________________________
Alvin Broglio, Mayor
ATTEST:
_______________________________
Rose Beristianos, City Clerk
City of Angels Council Meeting
FEBRUARY 1, 2022 REGULAR AGENDA – 7.A
A.Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 517 to update and revise Angels Municipal Code (AMC) Chapter

17.31 Commercial: Planned Development Combining District (C:PD and CH:PD), Public Services: Planned Development Combining (PS:PD) District, Chapter 17.40 Open Space: Planned Development Combining District (OS-PD) and Open Space Golf:

Planned Development Combining (OSG-PD) District to:

A. 17.31 Greenhorn Creek Commercial District (GHC-C)
B. 17.40 Greenhorn Creek Golf Course District (GHC-Golf) Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 1 DATE: February 1, 2022
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: First Reading Ordinance 517 to update and revise Angels Municipal Code (AMC) Chapter

17.31 Commercial: Planned Development Combining District (C:PD and CH:PD), Public Service: Planned Development Combining (PS:PD) District, Chapter 17.40 Open Space:

Planned Development Combining District (OS-PD) and Open Space Golf: Planned Development Combining (OSG-PD) District to:

A. 17.31 Greenhorn Creek Commercial District (GHC - C)
B. 17.40 Greenhorn Creek Golf Course District (GHC – Golf) RECOMMENDATION:

Introduce Ordinance 517, waive the first reading, hold a public hearing and set February 15, 2022, for a second public hearing to consider an update and revision to Angels Municipal Code (AMC) Chapter 17.31 Commercial: Planned Development Combining District (C:PD and CH:PD), Public Service: Planned Development Combining (PS:PD) District, Chapter 17.40 Open Space: Planned Development Combining District (OS-PD) and Open Space Golf: Planned Development Combining (OSG-PD) District to:

A. 17.31 Greenhorn Creek Commercial District (GHC - C)
B. 17.40 Greenhorn Creek Golf Course District (GHC – Golf) BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. The Planning Commission approved Resolution of Intent 22-01 on January 13, 2022, for the above-captioned code revisions. The proposed changes included here:

A. Reorganizes the three separate zoning districts addressed in Chapter 17.31 into a single commercial zoning district applicable to Greenhorn Creek
B. Relocates the Greenhorn Creek Public District to Chapter 17.40 for consistency with its intended purpose.

C. Amends Chapter 17.40 to include Greenhorn Creek golf course-related uses into a single zoning district encompassing the OSG-PD and PS:PD provisions of Chapters 17.31 and 17.40) Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 2 D. Eliminates the Open Space-PD zoning district (see Chapter 17.47, proposed Resolution of Intent 22- 02)
E. Revises the names of certain land uses to conform with recently adopted code definitions and amends the “site plan review” process referenced to conform with recently adopted procedures applicable to site plan review and site development permit review for uniformity citywide.

The City received SB2 funds to assist in a comprehensive update of its Municipal Code.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan program:

1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency
The proposed revisions are necessary to implement this general plan program and ensure that the municipal code is internally consistent both with the general plan and internally, within the AMC itself. Therefore, the proposed changes are consistent with the general plan and municipal code.

Finding B: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

The primary purpose of the proposed code amendments related to general plan consistency and internal code consistency. Permits issued pursuant to the AMC continue to require a finding, on a case-by-case basis, that each project is not substantially detrimental to the health, safety, or general welfare of the City.

Therefore, the proposed code amendments are consistent with this finding.

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendments are exempt from further review, because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

ATTACHMENTS:

Attachment 1: Redline/strikeout version of Chapters 17.31 and 17.40 (reference only) Attachment 2: Ordinance 517 with Attachment A Chapters 17.31 (“Clean” copy) and 17.40 (“Clean” copy).

Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 3

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-01

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION CITY COUNCIL AN UPDATE AND REVISION TO ANGELS MUNICIPAL CODE (AMC) CHAPTER 17.31 COMMERCIAL: PLANNED DEVELOPMENT COMBINING (C:PD AND CH:PD) AND PUBLIC SERVICE:

PLANNED DEVELOPMENT COMBINING (PS:PD) DISTRICTS AND CHAPTER 17.40 OPEN SPACE:

PLANNED DEVELOPMENT COMBINING (OS-PD) AND OPEN SPACE GOLF: PLANNED DEVELOPMENT COMBINING (OSG-PD) DISTRICTS TO:

A. 17.31 GREENHORN CREEK COMMERCIAL DISTRICT (GHC - C)
B. 17.40 GREENHORN CREEK GOLF COURSE DISTRICT (GHC – GOLF) WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is to the mutual benefit of the City, the public health, safety and general welfare of the public; necessary for General Plan implementation and consistency with the City of Angels General Plan and internal code consistency; and WHEREAS, a notice of public hearing for the proposed action was published November 18, 2021, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 13, 2022, and received public input on the proposed amendments to Chapters 17.31 and 17.40 of the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 4 amending Chapters 17.31 and 17.40 of the Municipal Code pursuant to Attachment A in accordance with the City Standards and State Law and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on January 13, 2022, by Commissioner Klerk and being duly seconded by Commissioner Moncada PASSED AND ADOPTED THIS 13th day of January, by the following vote:

AYES: Broeder, Gordon, Moncada, Klerk
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
_____________________________
John Broeder, Chairman
Alicia Smith, Deputy City Clerk
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 5 Attachment 1
(Redline/Strikeout)
For Reference Only
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 6 Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 7 Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 8 Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 9 Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 10 Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 11 Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 12 Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 13 Attachment 2
Ordinance 517
with Attachment A
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 14

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 517

AN ORDINANCE AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) UPDATING AND REVISING CHAPTER 17.31 COMMERCIAL: PLANNED DEVELOPMENT COMBINING DISTRICT (C:PD AND CH:PD), PUBLIC SERVICE: PLANNED DEVELOPMENT COMBINING (PS:PD) DISTRICT, CHAPTER 17.40 OPEN SPACE: PLANNED DEVELOPMENT COMBINING DISTRICT (OS-PD), AND OPEN SPACE GOLF: PLANNED DEVELOPMENT COMBINING (OSG-PD) DISTRICT TO:

A. 17.31 GREENHORN CREEK COMMERCIAL DISTRICT (GHC - C)
B. 17.40 GREENHORN CREEK GOLF COURSE DISTRICT (GHC – GOLF) THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Amend City of Angels Municipal Code Chapter Chapter 17.31 Commercial: Planned Development Combining Cistrict (C:PD and CH:PD), Public Service: Planned Development Combining (PS:PD) District, for consistency with General Plan 2020 in accordance with Ordinance 517 Attachment A.

Section 2: Amend City of Angels Municipal Code Chapter 17.40 Open Space: Planned Development Combining District (OS-PD), And Open Space Golf: Planned Development Combining (OSG-PD) District for consistency with General Plan 2020 in accordance with Ordinance 517 Attachment A.

Section 3: Amend City of Angels Municipal Code to create Chapter 17.31 Greenhorn Creek Commercial District (GHC - C) And Chapter 17.40 Greenhorn Creek Golf Course District (GHC – GOLF) in accordance with Ordinance 517 Attachment A.

Section 4: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.

The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on February 1, 2022, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on February 15, 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
Alvin Broglio, Mayor
ATTEST:

Rose Beristianos, City Clerk
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 15 Ordinance 517 Attachment A
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 16 Chapter 17.31

GREENHORN CREEK COMMERCIAL DISTRICT (GHC-C)
Sections:

17.31.010 Purpose and intent.

17.31.020 Permitted uses.

17.31.030 Uses subject to site plan review or site development permit.

17.31.040 Conditional uses.

17.31.050 Site development standards.

17.31.010 Purpose and intent.

The Greenhorn Creek Commercial District (GHC - C) is intended to provide a range of retail sales and services in the Greenhorn Creek Subdivision. (Ord. 361 (part), 1998: Ord. 347 §2(part), 1995; Ord. 326 (part), 1992)

17.31.020 Permitted uses.

There are no uses permitted outright in the GHC-C District. (Ord. 361 (part), 1998: Ord. 326 (part), 1992)

17.31.030 Uses subject to site plan review or site development permit.

All Permitted uses in the GHC-C district are subject to either an Administrative Site Plan review pursuant to Chapter 17.73 or a Site Plan Review pursuant to Chapter 17.74 unless otherwise exempted pursuant to those chapters. Permitted uses include:

A. Retail sales and service located within a building,
B. Transient guest lodging, hotel, motel, inn, time shares, bed and breakfast inn, C. Professional office,
D. Restaurant, sit-down/cocktail lounge,
E. Residential hotel/motel,
F. Places of assembly,
G. Spa and related facilities,
H. Swimming pool/sport courts,
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 17 I. Fire station;
J. Golf clubhouse/pro shop,
K. Swimming pool,
L. Sport courts,
M. Golf cart storage,
N. Restaurant and cocktail lounge,
O. Places of assembly,
P. Exercise room,
Q. Banquet room,
R. Clubhouse/recreation building,
S. Day care center/child day care facility. (Ord. 361 (part), 1998: Ord. 326 (part), 1992) T. Accessory uses and structures appurtenant to permitted uses U. Temporary contractor’s office used on the construction site for a period not to exceed eighteen months or the duration of a building permit, whichever is shorter, renewable yearly

17.31.040 Conditional uses.

In the GHC-C district, the following uses are subject to the issuance of a conditional use permit:

A. Service station;
B. Residential use, multiple-family, no more than one unit per three thousand five hundred square feet of land area. (Ord. 361 (part), 1998: Ord. 326 (part), 1992)

17.31.050 Site development standards.

Site development standards in the GHC-C district are as follows:

A. Minimum lot area for new lots, five thousand square feet; B. Building coverage, one hundred percent, maximum;
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 18 C. Maximum building height, fifty feet;
D. Lot width, forty feet, minimum;
E. Lot depth, eighty feet, minimum;
F. Minimum building setbacks:

1. Front, zero feet,

2. Side, zero feet,

3. Exterior side of a corner lot, same as front,

4. Rear:
a. Principal building, zero feet,
b. Accessory building, zero feet,

5. Between buildings, zero feet,

6. Vision clearance, fifteen feet. (Ord. 361 (part), 1998: Ord. 326 (part), 1992) Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 19 Chapter 17.40
GREENHORN CREEK GOLF COURSE DISTRICT (GHC-Golf)
Sections:

17.40.010 Purpose and intent.

17.40.020 Permitted uses.

17.40.030 Uses subject to site plan review or site development permit.

17.40.040 Conditional uses.

17.40.010 Purpose and intent.

The intent of the Greenhorn Creek Golf Course District (GHC-Golf ) is to provide for the development of a golf course and its related facilities in the Greenhorn Creek Subdivision. (Ord. 361 (part), 1998: Ord. 326 (part), 1992)

17.40.020 Permitted uses.

Uses permitted in the Greenhorn Creek Golf Course District (GHC-Golf) district are as follows:

A. Roads,
B. Driveways,
C. Bridges,
D. Pathways and walks,
E. Sanitary sewer lines,
F. Sanitary sewer lift stations,
G. Water lines,
H. Underground public utility lines,
I. Storm drainage facilities,
J. Water pumping stations,
K. Water storage ponds,
L. Project identification signage
M. Temporary uses associated with the preceding uses not to exceed 18 months or the duration of a building permit, whichever is shorter and renewable annually.

N. Accessory uses and structures appurtenant to permitted uses. (Ord. 361 (part), 1998: Ord. 326 (part), 1992)
Staff Report 17.31 and 17.40 – Commercial: Greenhorn Creek Page - 20

17.40.030 Uses subject to site plan review or site development permit.

The following uses are subject to issuance of a site plan review or site development permit pursuant to Chapters 17.73 and 17.74, unless otherwise exempted by those Chapters:

A. Permanent golf related structures. (Ord. 361 (part), 1998: Ord. 326 (part), 1992) B. Special events
C. Accessory uses and structures appurtenant to the preceding uses.

17.40.040 Conditional uses
A conditional use permit is required for the following uses:

A. Recreational uses other than golf-related recreational uses.

B. Accessory uses and structures appurtenant to conditional uses.

City of Angels Council Meeting
FEBRUARY 1, 2022 REGULAR AGENDA – 7.B
B.Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 518, an update and revision to Angels Municipal Code (AMC) Chapter 17.40 Open Space; Planned Development (OS-PD) eliminating the OS-PD district applicable only to Greenhorn Creek and replacing it with Chapter 17.41 Open Space (OS) applicable citywide.

Staff Report 17.41 – Open Space Page - 1
DATE: February 1, 2022
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: First Reading Ordinance 518 an update and revision to Angels Municipal Code (AMC) Chapter

17.40 Open Space: Planned Development (OS-PD) eliminating the OS-PD district applicable only to Greenhorn Creek and replacing it with Chapter 17.41 Open Space (OS) applicable citywide.

RECOMMENDATION:

Introduce Ordinance 518, waive the first reading, hold a public hearing and set February 15, 2022, for a second public hearing to consider an update and revision to Angels Municipal Code (AMC) Chapter 17.40 Open Space: Planned Development (OS-PD), eliminating the OS-PD district applicable only to Greenhorn Creek, and replacing it with Chapter 17.41 Open Space (OS) applicable citywide.

BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. The Planning Commission unanimously approved Resolution of Intent 22-02 on January 13, 2022, for the changes described above.

Currently, when an environmental document identifies the need to avoid a sensitive resource or safety hazard area (e.g., flood hazard zone, creek setback, sensitive archaeological site), an easement and legal description must be prepared and recorded. That easement, in the past, has only sometimes been recorded and often is not shown on maps routinely consulted prior to development. As a result, areas identified for conservation or avoidance in prior environmental documents and subdivision agreements are frequently forgotten and may be inadvertently disturbed and even destroyed.

This proposed zoning district provides an alternative to an easement (which would remain an option) to identify sensitive resource or safety hazard areas. The open space zoning district would be shown on the City’s zoning map, would require landowner / developer approval, would eliminate the costs of preparing and recording an easement, and would provide a more effective alternative for identifying areas to be avoided by development.

In addition, multiple general plan 2020 implementation programs call for establishing an open space zoning district as identified in the following analysis.

The City received SB2 funds to assist in a comprehensive update of its Municipal Code, including this amendment.

Staff Report 17.41 – Open Space Page - 2

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan programs:

1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency

1.B.e, 4Ha Designate Identified Flood Hazard Areas as Resource Management/Open Space Designate flood hazard areas, as identified by the Federal Emergency Management Agency or as refined through local studies, as Resource Management (“RM” general plan) and Open Space (“OS” zoning).

1.B.f, 4.D.d, 4Gc, 6Bg, 11Bb: Designate Resource Management & Open Space Setbacks Along Creeks Establish an open space setback encompassing designated flood hazard areas along Angels Creek and Six Mile Creek. Designate these areas as Resource Management (RM) on the city’s general plan maps and as Open Space (OS) on the city’s zoning maps. Establish similar setbacks along other drainages within the city (e.g., China Gulch) or along drainages in areas that may be annexed into the city in the future.

1.C.g, 4.D.i, 11Ba Establish a Resources Management (RM) Land Use Designation and Maintain and Update the City’s Open Space Zoning District
Establish a Resources Management (RM) General Plan Land Use Designation in the city’s general plan that is compatible with an Open Space (OS) zoning district. The city’s municipal code should use the Open Space (OS) zoning district to provide for conservation of biological, scenic and cultural resources. Alternative zoning districts may be developed consistent with the Resources Management (RM) General Plan Land Use Designation to address flood protection, recreation and similar uses. Update the city’s Open Space (OS) zoning district to address permitted and conditional uses, use of native plants, trail construction, and similar uses in the Open Space (OS) zoning district.

4.D.h Integrate Coordinated Resources Management Principles in Open Space Management Planning Efforts
To the maximum extent feasible, integrate design features in support of all of the following when undertaking open space management planning efforts (e.g., creek corridor management plans): flood protection, increased recreational opportunities, biological resources conservation, water quality protection and enhancement, cultural resource protection, educational opportunities, erosion and sediment control, economic opportunities, community character preservation and enhancement, and similar community benefits

4.H.c Designate Areas Under High Voltage Power Lines as Resource Management - Open Space Designate areas under high voltage power lines as Resource Management (“RM” - General Plan) and Open Space (“OS” - Zoning). Consider incorporating these open spaces into the city’s recreation master plan for trails while maintaining private property rights.

Staff Report 17.41 – Open Space Page - 3

6.A.i Designate Identified Hazard Areas Through Appropriate Zoning Where Feasible Zone areas within 100 feet of capable fault areas or other identified geological hazard areas as Open Space (OS), Parks and Recreation (REC) or, if appropriate, Public (P) (e.g., land owned by the United States Bureau of Reclamation). Allow recreational uses without structures (e.g., trails) within hazard zones where appropriate.

The proposed revisions are necessary to implement these general plan programs and ensure that the municipal code is internally consistent both with the general plan and internally, within the AMC itself.

Therefore, the proposed changes are consistent with the general plan and provides the necessary amendment making the municipal code consistent with the general plan.

Finding B: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

The primary purposes of the proposed code amendments are related to general plan consistency and internal code consistency. The proposed open space district is specifically intended to identify areas with potential safety hazards to ensure avoidance as necessary to protect public health and safety.

Permits issued pursuant to the AMC continue to require a finding, on a case-by-case basis, that each project is not substantially detrimental to the health, safety, or general welfare of the City.

Based on the preceding, the proposed code amendments are consistent with this finding.

ATTACHMENTS:

1. Attachment 1: Resolution of Intent 22-02 (Planning Commission)

2. Attachment 2: Ordinance 518 with Attachment A: Chapter 17.41 (Open Space) “Clean” copy Staff Report 17.41 – Open Space Page - 4
Attachment 1
Staff Report 17.41 – Open Space Page - 5

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-02

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL AN UPDATE AND REVISION TO ANGELS MUNICIPAL CODE (AMC) CHAPTER 17.40 OPEN SPACE: PLANNED DEVELOPMENT (OS-PD) ELIMINATING THE OS-PD DISTRICT APPLICABLE ONLY TO GREENHORN CREEK AND REPLACING IT WITH CHAPTER 17.41

OPEN SPACE (OS) APPLICABLE CITYWIDE
WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is to the mutual benefit of the City, the public health, safety and general welfare of the public; necessary for General Plan implementation and consistency with the City of Angels General Plan and internal code consistency; and WHEREAS, a notice of public hearing for the proposed action was published November 18, 2021, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 13, 2022, and received public input on the proposed amendments to Chapters 17.40 and 17.41 of the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending Chapters 17.40 and creating 17.41 of the Municipal Code pursuant to Attachment A in accordance with the City Standards and State Law and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on January 13, 2022, by Commissioner Gordon and being duly seconded by Commissioner Moncada PASSED AND ADOPTED THIS 13th day of January, by the following vote:

Staff Report 17.41 – Open Space Page - 6
AYES: Broeder, Gordon, Moncada, Klerk
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
_____________________________
John Broeder, Chairman
Alicia Smith, Deputy City Clerk
Staff Report 17.41 – Open Space Page - 7
Attachment 2
Ordinance 518
with Attachment A
Staff Report 17.41 – Open Space Page - 8

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 518
AN ORDINANCE UPDATE AND REVISION TO ANGELS MUNICIPAL CODE (AMC) CHAPTER 17.40 OPEN SPACE:

PLANNED DEVELOPMENT (OS-PD) ELIMINATING THE OS-PD DISTRICT APPLICABLE ONLY TO GREENHORN CREEK AND REPLACING IT WITH CHAPTER 17.41 OPEN SPACE (OS) APPLICABLE CITYWIDE THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Amend City of Angels Municipal Code Chapter 17.40 Open Space: Planned Development (OS-PD) to eliminate that district and replace it with Chapter 17.41 Open Space (OS) for consistency with General Plan 2020 in accordance with Ordinance 518 Attachment A.

Section 2: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.

Ayes:

Noes:

Absent:

Abstain:

ATTEST:
________________________________
Alvin Broglio, Mayor
Rose Beristianos, City Clerk
Staff Report 17.41 – Open Space Page - 9
ORDINANCE 518

ATTACHMENT A
Staff Report 17.41 – Open Space Page - 10
Chapter 17.41

OPEN SPACE DISTRICT (OS)
Sections:

17.40.010 Purpose and intent.

17.40.020 Permitted uses.

17.40.030 Conditional uses.

17.40.040 Site development standards.

17.41.010 Purpose and intent.

The purposes and intent of the Open Space (OS) district are to:

A. Identify lands where minimal or no development is planned to occur; B. Protect the public and public infrastructure from known public health and safety hazards including, but not limited to, designated flood hazard zones, unstable slopes, capable earthquake faults and other geological hazards;
C. Preserve and protect sensitive biological resources including, but not limited to, creeks; D. Protect sensitive archaeological resources;
E. Provide a tool to identify and maintain sensitive resourced or resource areas designated for protection in perpetuity in approved environmental documents including biological and cultural resources.

17.41.020 Permitted Uses.

Uses permitted in the Open Space District are:

A. Roads, driveways, trails, bridges, underground public utilities, residential gardens in conjunction with another entitlement for which environmental review pursuant to the California Environmental Quality Act has been performed and adopted and addressed the proposed use.

B. Vegetation management required by the City of Angels Fire Department subject to City Planner approval.

C. Vegetation removal by hand only when necessary for reasons of health of safety to protect persons residing on or using the parcel, subject to City Planner approval.

Staff Report 17.41 – Open Space Page - 11
D. Planting vegetation in conjunction with a revegetation or habitat enhancement project for which environmental review pursuant to the California Environmental Quality Act has been performed and adopted, or as approved by the City Planner.

17.41.030 Conditional Uses.

Within any Open Space District, the following uses are permitted subject to securing a conditional use permit which may be issued only if it is found that the use does not conflict with the purposes of the open space district:

A. General recreation with no buildings including recreational trails B. Public utility uses
C. Vegetation removal other than that required for reasons of health and safety D. Roads, driveways, bridges where access through another district is infeasible.

17.41.040 Site development standards.

There are no minimum widths or parcel sizes for this district.

City of Angels Council Meeting
FEBRUARY 1, 2022 REGULAR AGENDA – 7.C
C. Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 519 to update and revised Angels Municipal Code (AMC) Chapter 17.36 (Public Services District), renaming it the Public and Quasi Public (P) District, adding a provision for housing to the district, and updating Chapter 17.09 (Definitions) to address these changes.

Staff Report Public Zoning Page - 1
DATE: February 1, 2022
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: First Reading Ordinance 519 to update and revise Angels Municipal Code (AMC) Chapter

17.36 (Public Services District), renaming it the Public and Quasi Public (P) District, adding a provision for housing to the district, and updating Chapter 17.09 (Definitions) to address these changes.

RECOMMENDATION:

Introduce Ordinance 519, waive the first reading, hold a public hearing and set February 15, 2022, for a second public hearing to consider updating and revising Angels Municipal Code (AMC) Chapter 17.36 (Public Services District), renaming it the Public and Quasi Public (P) District, adding a provision for housing to the district, and updating Chapter 17.09 (Definitions) to address these changes.

BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. The Planning Commission unanimously approved Resolution of Intent 22-03 for the above-described changes on January 13, 2022.

Prior to adopting General Plan 2020, numerous parcels citywide owned by schools, local, state and/or federal agencies, special districts, and public utilities were identified as residential, commercial or otherwise identified as non-public. To facilitate identifying public and quasi-public properties in the City and to avoid “counting” such parcels towards the City’s stock of residential and/or commercial lands; these lands were redesignated as Public.

The city has minimal or no jurisdiction to regulate most public and quasi-public land uses. The Public/Quasi public general plan land use designation is intended to recognize this. In addition, the City’s Housing Element requires an amendment providing a mechanism to allow housing on public land. The proposed zoning district implements the Public/Quasi Public general plan land use designation and fulfills both purposes.

The City received SB2 funds to assist in a comprehensive update of its Municipal Code, including this amendment.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement, or facilitate implementing, the following general plan programs:

Staff Report Public Zoning Page - 2
GENERAL PLAN LAND USES:

Public & Quasi Public (P)
Purpose and Intent
To accommodate both public and quasi-public uses for those agencies that serve as their own Lead Agency when conducting environmental reviews (e.g., government buildings, schools, transportation facilities, public utilities, special districts).

To allow for public-private partnerships in the furtherance of General Plan goals, policies, and programs.

Location
Government buildings, schools, transportation facilities, public utilities, special districts and similar uses.

Public and quasi-public uses may be located throughout the city.

Minimum Design Standards
• Maximum impervious surfaces: 75% or equal to requirements for adjoining land uses; whichever is less.
• A minimum 20% landscaping is required for this land use. • For parcels adjoining or visible from highways, arterials or collectors, project design shall accommodate the provision of street trees

1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency

1.B.k, 7Ic Recognize Opportunities and Constraints of Public Land Uses Continue to recognize the opportunities and constraints created by public lands in and around Angels Camp and integrate these elements in the city’s land use planning decisions.

Planning opportunities associated with public lands include:
a. Providing buffers between communities to assist in retaining individual community character
b. Providing recreational opportunities for residents and visitors c. Providing open space for conserving natural resources d. Providing defined public lands boundaries that may be integrated into the established boundaries of the city’s sphere of influence
e. Providing defined public lands boundaries that may be integrated into established city limit boundaries Planning constraints that may be associated with public lands include:
f. Increased demands on the city’s police and fire services g. Generating significant noise levels (e.g., concerts at the fairgrounds) h. Increased traffic through the city (e.g., recreational vehicles, boats) Staff Report Public Zoning Page - 3

1.I.a, 7Id Facilitate City Cooperation/Coordination with Other Agencies The city will seek input from county, state, federal, regional, public and quasi-public agencies regarding projects undertaken by the city with the potential to influence the interests of these agencies.

1.I.b Facilitate Agency Cooperation/Coordination with the City The city will contact local representatives of the county, state, federal, regional, public and quasipublic agencies within its Sphere of Influence, requesting that each agency notify the city and provide the city with an opportunity to provide input for projects with the potential to influence the interests of the City.

2.A.l Allow Housing in the Public (P) Zoning District
Amend the Public (P) zoning district to allow for the development of affordable housing opportunities by public agencies.

The proposed revisions are necessary to implement these general plan programs by facilitating the identification of public and quasi-public lands citywide; implement the public/quasit public land use designation, and ensure that the municipal code is internally consistent both with the general plan and internally, within the AMC itself. Therefore, the proposed changes are consistent with the general plan and provides the necessary amendment making the municipal code consistent with the general plan.

Finding B: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

The primary purposes of the proposed code amendments are related to general plan consistency and internal code consistency.

Permits issued pursuant to the AMC continue to require a finding, on a case-by-case basis, that each project is not substantially detrimental to the health, safety, or general welfare of the City.

Based on the preceding, the proposed code amendments are consistent with this finding.

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendments are exempt from further review, because the proposed amendments implement programs identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

ATTACHMENTS:

Attachment 1: Planning Commission Resolution of Intent 22-03 with Redline/Strikeout: Chapters 17.09 and

17.36 Attachment 2: Ordinance 519 with Attachment A Chapters 17.09 and 17.36 (“Clean” copy) Staff Report Public Zoning Page - 4
ATTACHMENT 1
Resolution 22-03 (Planning Commission)
with
Redline/Strikeout Chapter 17.09 and 17.36
Staff Report Public Zoning Page - 5

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-03

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL AN UPDATE AND REVISION TO ANGELS MUNICIPAL CODE (AMC) CHAPTER 17.36 (PUBLIC SERVICES DISTRICT), RENAMING IT THE PUBLIC

AND QUASI PUBLIC (P) DISTRICT, ADDING A PROVISION FOR HOUSING TO THE DISTRICT, AND UPDATING CHAPTER 17.09 DEFINITIONS TO ADDRESS THESE CHANGES.

WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is to the mutual benefit of the City, the public health, safety and general welfare of the public; necessary for General Plan implementation and consistency with the City of Angels General Plan and internal code consistency; and WHEREAS, a notice of public hearing for the proposed action was published November 18, 2021, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 13, 2022, and received public input on the proposed amendments to Chapters 17.36 and 17.09 of the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending Chapter 17.36 of the Municipal Code pursuant to Attachment A in accordance with the City Standards and State Law and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on January 13, 2022, by Commissioner Klerk and being duly seconded by Commissioner Moncada. PASSED AND ADOPTED THIS 13th day of January, by the following vote:

Staff Report Public Zoning Page - 6
AYES: Broeder, Gordon, Moncada, Klerk
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
_____________________________
John Broeder, Chairman
Alicia Smith, Deputy City Clerk
Staff Report Public Zoning Page - 7
Staff Report Public Zoning Page - 8
Staff Report Public Zoning Page - 9
Staff Report Public Zoning Page - 10
Staff Report Public Zoning Page - 11
Staff Report Public Zoning Page - 12
Attachment 2
Ordinance 519
with Attachment A
Staff Report Public Zoning Page - 13

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 519

AN ORDINANCE AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) UPDATING AND REVISING CHAPTER 17.36 (PUBLIC SERVICES DISTRICT), RENAMING IT THE PUBLIC AND QUASI PUBLIC (P) DISTRICT, ADDING A PROVISION FOR HOUSING TO THE DISTRICT, AND UPDATING CHAPTER 17.09 DEFINITIONS TO ADDRESS THESE CHANGES.

THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Amend City of Angels Municipal Code Chapter 17.09 (Definitions) to define “Public”, “QuasiPublic”, “Public Agency” and “Public Utility” for consistency with General Plan 2020 in accordance with Ordinance 519 Attachment A.

Section 2: Amend City of Angels Municipal Code Chapter 17.36 (Public Services District), renaming it the Public and Quasi Public (P) District and adding a provision for housing to the district for consistency with General Plan 2020 in accordance with Ordinance 519 Attachment A.

Section 3: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Alvin Broglio, Mayor
ATTEST:

Rose Beristianos, City Clerk
Staff Report Public Zoning Page - 14
Ordinance 519
Attachment A
Staff Report Public Zoning Page - 15

17.09 Definitions
Public.
“Public” for the purposes of Chapter 17.36, means a “public agency” or “public utility”. See “public agency” and “public utility.”
Quasi-public.
“Quasi-public” means those entities governed by a constituent-elected board of directors; and/or authorized through the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 Government Code §56000 to §57550 (and as may be amended).

Public agency.
"Public agency" means any taxing agency, government, special district, or municipality or subordinate division thereof.

Public utility.
"Public utility" shall mean any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection, or other similar service. (Ord. 439 (part), 2010: Ord. 403 §2(part), 2003. Formerly 17.09.327) Staff Report Public Zoning Page - 16
Chapter 17.36

PUBLIC AND QUASI-PUBLIC ZONING DISTRICT (P)
Sections:

17.36.010 Purposes and intent.

17.36.020 Permitted Uses.

17.36.030 Uses subject to site development permit or site plan review.

17.36.040 Conditional Uses.

17.36.050 Uses subject to an encroachment permit.

17.36.060 Site development standards.

17.36.070 Ownership transfer.

17.36.010 Purposes and intent.

The purposes and intent of the Public and Quasi Public Zoning District are to:

A. Accommodate public and quasi-public uses for those agencies that serve as their own Lead Agency pursuant to the California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA); and
B. Acknowledge the limited ability of the City to impose regulations on land under the jurisdiction of public agencies and most quasi-public agencies including local, state, and federal governments, public utilities, and special districts; and C. Accommodate government buildings, schools, transportation facilities, public utilities, special districts, and similar uses in support of the City.

Public and quasi-public uses may be located throughout the City.

17.36.020 Permitted Uses.

The following uses are permitted in the P zone when the use is located on land owned or leased by the entity and the use is associated with the purpose of purposes of the public or quasi-public entity.

For those public entities undertaking activities on land over which they do not have jurisdiction, see Section 17.36.050 (Encroachments):

A. Water or sewer treatment facilities;
B. Public utility distribution facilities;
C. Public transportation facilities;
D. Fire stations;
Staff Report Public Zoning Page - 17
E. Public safety facilities;
F. Public parks;
G. Cemeteries;
H. Schools;
I. Visitor Centers;
J. Museums, art galleries;
K. Libraries;
L. Post offices;
M. Law enforcement and judiciary facilities;
N. Administrative offices;
O. Parking facilities, including shared use parking facilities; P. One caretaker unit per parcel;
Q. Accessory uses and structures appurtenant to permitted uses including temporary offices used during construction;

17.36.030 Uses subject to site development permit or site plan review.

In the P zone, the following uses are subject to a site plan review in accordance with Chapters 17.73 and 17.74 unless otherwise exempted by those Chapters:

Single or multi-family residential uses not exceeding 15 dwelling units per acre. Higher densities are possible through density bonuses granted for the provision of workforce housing in accordance with the general plan.

17.36.040 Conditional Uses
In the P zone, the following uses are subject to a conditional use permit unless the use is otherwise subject to another entitlement pursuant to Sections 17.36.020, 17.36.030, or 17.36.050:

A. Uses unrelated to the purpose or purposes for which the public or quasi-public entity was established unless the use is part of a public/private partnership and undertakes a rezoning pursuant to Chapter 17.75 [Public Private Partnership Combining District (:P3)].

B. Corporation yards, storage or repair yards, warehouse, Staff Report Public Zoning Page - 18

17.36.050 Encroachment Permits
Public or quasi-public entities undertaking activities on land they neither lease nor own shall secure an encroachment permit from the City pursuant to Angels Municipal Code Chapter 12.12_for activities undertaken on City lands, roadways, easements, rights-of-way, or otherwise under City of Angels’ jurisdiction (e.g., powerlines and cable services installed along or under public roadways or within rights-of-way).

17.36.060 Site development standards.

Site development standards in the P zoning district are as follows:

A. There is no minimum parcel size, lot width, or lot depth requirement for the purposes of creating new parcels;
B. Maximum impervious surfaces are 75% or equal to adjoining land uses, whichever is less; C. Landscaping shall be a minimum of 20%;
D. Outdoor storage, parking, corporation yards, repair yards shall be screened from highways, arterials or collectors;
E. Maximum building height, thirty-five feet;
F. Minimum building setbacks are the same as those for the adjoining land use(s). Deviations may be permitted for those uses requiring issuance of an entitlement pursuant to Sections

17.36.020, 17.36.030, 17.36.040 or 17.36.050. (Ord. 270 (part), 1984) G. For parcels adjoining or visible from highways, arterials or collectors, project design shall accommodate the provision of street trees.

17.36.070 Ownership Transfer.

Upon land transfers from public or quasi-public agencies to private individuals or entities; land uses shall be limited to those listed under Section 17.36.020 until the land is reclassified to another zoning district.

City of Angels Council Meeting
FEBRUARY 1, 2022 REGULAR AGENDA – 7.D
D. Introduce, waive first reading, hold public hearing and set 2/15/22 for second reading for Ordinance 520 to update and revised Angels Municipal Code (AMC) Chapter 17.49 Mining Combining District (:MN) to become the Resources Management Combining District (:RM) for general plan consistency.

Staff Report 17.49 – Resources Management Page - 1
DATE: February 1, 2022
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: First Reading Ordinance 520 to update and revise Angels Municipal Code (AMC) Chapter

17.49 Mining Combining District (:MN) to become the Resources Management Combining District (:RM) for general plan consistency.

RECOMMENDATION:

Introduce Ordinance 520, waive the first reading, hold a public hearing and set February 15, 2022, for a second public hearing to consider updating and revising Angels Municipal Code (AMC) Chapter 17.49 Mining Combining District (:MN) to become the Resources Management Combining District (:RM) for general plan consistency.

BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. The Planning Commission approved Resolution of Intent 22-04 on January 13, 2022, with an amendment to reflect general plan requirements related to minimum parcel size, for the changes described above.

Multiple General Plan 2020 implementation programs call for establishing a Resources Management district as identified in the following analysis. The proposed amendment will implement these programs.

The City received SB2 funds to assist in a comprehensive update of its Municipal Code, including this amendment.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan programs:

1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency

Staff Report 17.49 – Resources Management Page - 2

Therefore, the proposed changes are consistent with the general plan and provides the necessary amendment making the municipal code consistent with the general plan.

Finding B: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

The primary purposes of the proposed code amendments are related to general plan consistency and internal code consistency. The proposed district also assists in identifying areas with potential safety hazards to ensure avoidance as necessary to protect public health and safety.

Permits issued pursuant to the AMC continue to require a finding, on a case-by-case basis, that each project is not substantially detrimental to the health, safety, or general welfare of the City.

Staff Report 17.49 – Resources Management Page - 3
Based on the preceding, the proposed code amendments are consistent with this finding.

ATTACHMENTS:

Attachment 1: Planning Commission Resolution of Intent 22-04 with Redline/Strikeout Chapter 17.49 Attachment 2: Ordinance 520 with Ordinance Attachment A Chapter 17.49 (“clean”) Staff Report 17.49 – Resources Management Page - 4
Attachment 1
Planning Commission
Resolution 22-04 with Redline/Strikeout Chapter 17.49
Staff Report 17.49 – Resources Management Page - 5

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-04

RECOMMENDING TO THE CITY COUNCIL

AN UPDATE AND REVISION TO ANGELS MUNICIPAL CODE (AMC)
CHAPTER 17.49 MINING COMBINING DISTRICT TO BECOME THE RESOURCES MANAGEMENT COMBINING DISTRICT (:RM) FOR GENERAL PLAN CONSISTENCY

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is to the mutual benefit of the City, the public health, safety and general welfare of the public; necessary for General Plan implementation and consistency with the City of Angels General Plan and internal code consistency; and WHEREAS, a notice of public hearing for the proposed action was published November 18, 2021, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 13, 2022, and received public input on the proposed amendments to Chapters 17.49 of the Municipal Code; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending Chapters 17.49 of the Municipal Code pursuant to Attachment A in accordance with the City Standards and State Law and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on January 13, 2022, by Commissioner Moncada and being duly seconded by Commissioner Klerk. PASSED AND ADOPTED THIS 13th day of January, by the following vote:

Staff Report 17.49 – Resources Management Page - 6
AYES: Broeder, Gordon, Moncada, Klerk
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
_____________________________
John Broeder, Chairman
Alicia Smith, Deputy City Clerk
Staff Report 17.49 – Resources Management Page - 7
Attachment A to Resolution 22-04
Redline/Strikeout
Staff Report 17.49 – Resources Management Page - 8
Staff Report 17.49 – Resources Management Page - 9
Staff Report 17.49 – Resources Management Page - 10
Attachment 2
Ordinance 520
with Attachment A
Staff Report 17.49 – Resources Management Page - 11

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 520
AN ORDINANCE TO UPDATE AND REVISE ANGELS MUNICIPAL CODE (AMC) CHAPTER 17.49 MINING COMBINING DISTRICT (:MN) TO BECOME THE RESOURCES MANAGEMENT COMBINING DISTRICT (:RM) FOR GENERAL PLAN CONSISTENCY.

THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Amend City of Angels Municipal Code Chapter 17.49 Mining Combining District (:MN) to become the Resources Management Combining District (:RM) for consistency with General Plan 2020 in accordance with Ordinance 520 Attachment A.

Ayes:

Noes:

Absent:

Abstain:

ATTEST:
________________________________
Alvin Broglio, Mayor
Rose Beristianos, City Clerk
Staff Report 17.49 – Resources Management Page - 12
ORDINANCE 520

ATTACHMENT A
Staff Report 17.49 – Resources Management Page - 13
Chapter 17.49
RESOURCES MANAGEMENT COMBINING DISTRICT (:RM)
Sections:

17.49.010 Purposes and intent.

17.49.020 Permitted Uses.

17.49.030 Conditional Uses.

17.49.040 Site Development Standards.

17.49.010 Purpose and intent.

The purposes and intent of the Resources Management Combining District (:RM) are:

A. To protect economically valuable natural resources from the encroachment of incompatible uses and preserve them for ongoing or future resource production activities. Specifically, the :RM District is intended to protect lands with identified commercially valuable mineral or aggregate resources, geothermal resources, agricultural resources, or similar resources.

B. In any zone where the primary zoning district is combined with the Resources Management Combining District, the requirements of this chapter shall apply, in addition to the requirements of the primary zoning district.

C. In any instance where the provisions of this chapter conflict with the provisions of the primary zoning district, the provisions of this chapter shall apply. (Ord. 322 §2(part), 1992)

17.49.020 Permitted Uses.

There are no permitted uses in the :RM combining district.

17.49.030 Conditional Uses.

A, Mining operations subject to the provisions of Chapter 8.36. (Ord. 322 §2(part), 1992) B. No proposed land use, building or structure is allowed in the RM combining district unless the Planning Commission, or the City Council upon appeal, finds that:

The proposed use will be arranged and conducted so as not to preclude or create conflict with the eventual or on-going use of commercially valuable or potentially commercially valuable natural resources from the site.

Staff Report 17.49 – Resources Management Page - 14

17.49.040 Site Development Standards
No subdivision of land creating any parcel of land less than forty acres in size may be permitted in the RM combining district unless the planning commission, or city council upon appeal, finds that:

A. The proposed use will be arranged and conducted so as not to preclude or create conflict with the eventual or on-going use of commercially valuable or potentially commercially valuable natural resources from the site. (Ord. 322 §2(part), 1992) B. For mineral resources, the proposed use is exempted from minimum parcel sizes pursuant to Public Resources Code Section 2710 et. seq. (The Surface Mining and Reclamation Act).

City of Angels Council Meeting
FEBRUARY 1, 2022 REGULAR AGENDA – 7.E

E. Request for City Council Direction for Installing Banners across Main Street for Special Events, Programs, and Agencies, Amy Augustine, Planning Director

PL A N NI N G DE PAR T ME NT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

MEMORANDUM
DATE: February 1, 2022
TO: City Council
FROM: Chris O’Flinn, Public Works Superintendent and Amy Augustine, City Planner RE: Request for City Council Direction for Installing Banners across Main Street for Special Events, Programs, and Agencies
RECOMMENDATION:

The City Council is asked to authorize and/or direct staff to following one or more of the following options. Staff recommends that the City Council authorize Option 1 and direct staff to pursue Options 2-4. This item is time sensitive due to upcoming special events and applications for banner installation across Main Street (SR 49).

1. Authorize Staff to enter into an agreement with a Gold Electric to install banners on behalf of the City using City Public Works Department employees for safety flagging in support of the installations in compliance with the City’s Caltrans encroachment permit, until the City has a safe and functioning bucket truck. Authorize the City Administrator to sign a contract with Gold Electric, including the City’s standard contract language and indemnification provisions, not to exceed $4,860.00 without further Council action.

2. Direct staff to finalize an estimate to allow for an expenditure to repair the City’s existing bucket truck to functioning status.

3. Direct staff to budget for a replacement bucket truck to be purchased in the next few years.

4. Direct staff to re-evaluate the cost of installing and removing banners, currently at $496.11 to cover staff time plus bucket truck rental and/or maintenance costs for consideration in conjunction with July 2022 fee updates.

5. In the absence of the preceding, authorize Staff to forego installing banners across Main Street for Special Events, Programs, and Agencies until such time as the City has access to a functioning bucket truck.

BACKGROUND:

The City is currently without a bucket truck to install banners. In approximately December 2021, the City’s bucket truck was inspected and was “grounded”. Public Works staff is currently preparing a cost to repair the bucket truck.

In the interim, the City has no means to install banners across Main Street for Special Events, Programs, and Agencies. Presently, the City has 18 pending applications for banners and/or decorations. The next banner (Whiskerino Dinner and Dance) will require installation in early April (with Caltrans notice required two weeks in advance, in mid-March). Decorations and banners for the Frog Jump will follow soon after.

PL A N NI N G DE PAR T ME NT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Per City purchasing policy, three bids were secured as follows:

Business Cost per banner Total cost for 18 banners
(36 installs and removals)
Gold Electric $135/hr. – 2 hr. total per banner = $270/banner $4,860.00 Royal Electric $105/hr. – 2 hrs. total per banner = $210/banner = 3,780.00
+ $650/day for the operator X 36 =$23,400
$27,180.00
Pioneer Electric $211.50/hr. (two electricians required) = $423/banner
Note: Their bucket truck is currently unavailable
pending repair
$7,614.00
Based on the preceding, the lowest qualified (and available) source is Gold Electric. Therefore, staff recommends contracting with Gold Electric. Based on an estimate provided by Gold Electric of $135/hr. to put up the banner and $135/hr. to take down the banner ($270/banner) with 18 pending applications and assuming that the City’s Public Works staff will provide traffic control and flagging during the procedure; the cost for a bucket truck for the upcoming year (assuming it takes 12 months to repair the bucket truck) will total up to $4,860.00 to hire Gold Electric to provide and operate a bucket truck to hang and remove banners.

Given that the total of the proposed purchase of services is less than $5,000 for Gold Electric; the contracted services can be procured with authorization from the City Administrator and a Department Head. Because the City is currently under an interim City Administrator, staff is asking for Council’s authorization in conjunction with overall program direction.

Prior to current requirements to conform with Caltrans encroachment permit standards, a private business would volunteer to install banners for individual events. Caltrans encroachment permit insurance requirements no longer allow this to occur. The City’s Risk Manager has reviewed the proposal. RM advises that having the City rent a bucket truck and operate it is preferable; however, in the absence of an available truck to rent; RM has provided the recommended insurance requirements for inclusion in the contract. At present, staff has not been able to locate a bucket truck that can be rented on a recurring basis.

FISCAL ANALYSIS:

The City currently charges for employee time spent installing and removing banners at $496.11 per banner for four employees plus use of the bucket truck. By hiring Gold Electric, the City would spend $270 on the bucket truck/driver leaving $216.11 to cover the cost of three employees (for safety and flagging). This would result in an estimated loss to the City of approximately $125 per banner until the bucket truck is repaired. This additional cost would be from the general fund.

City of Angels Council Meeting
FEBRUARY 1, 2022 REGULAR AGENDA – 7.F

F. Consideration and Approval of an Employment Agreement with Rebecca Callen for the City Administrator, Douglas L. White, City Attorney Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon Council Members Gretel Tisconia, Caroline Schirato, Isabel Moncada • City Attorney Douglas L. White, White Brenner LLP MEETING DATE: FEBRUARY 1, 2022
TO: CITY COUNCIL
FROM: DOUGLAS L. WHITE, CITY ATTORNEY
RE: CONSIDERATION AND APPROVAL OF AN EMPLOYMENT AGREEMENT WITH

REBECCA CALLEN FOR THE CITY ADMINISTRATOR POSITION
RECOMMENDATION:

Staff recommends the City Council consider and approve the proposed employment agreement appointing Rebecca Callen as Angels Camp City Administrator and to authorize the Mayor to execute the agreement on behalf of the City of Angels Camp.

BACKGROUND:

Effective December 7, 2021, Melissa Eads resigned as the City Administrator for the City of Angels Camp (the “City”). The City Administrator serves a critical role as the administrative head of the City. The City Council appoints the City Administrator, who serves at the pleasure of the City Council. At the December 7, 2021 Special Meeting, the City Council considered candidates for interim City Administrator and selected Nubia I. Goldstein, who currently serves as Deputy City Attorney. Nubia I. Goldstein has the executive and administrative qualifications necessary to serve as interim City Administrator.

After a recruitment, the Council interviewed qualified candidates for the position of permanent City Administrator and authorized the City Attorney to engage in negotiations with their highest-ranked candidates. Council subsequently approved the terms of an employment agreement to hire Rebecca Callen as the City’s designated City Administrator subject to a background check, physical screening, and drug screening.

DISCUSSION:

Ms. Callen is an Angels Camp resident. She has a Bachelor of Science Degree in Business Administration.

She has been employed in the public sector for many years, most recently in the dual roles of Director of Administrative Services, Chief Financial Officer, and Accountant for Calaveras County Water District. In that position, Ms. Callen was responsible for planning, organizing, managing, developing, and implementing the District’s long-range and annual budget, as well as serving as the project lead for planning and implementation of the District’s financial system. One of her largest projects was overseeing the Calaveras County Auditor-Controller Department’s 2016 refunding of county debt, including General Obligation Bonds and Certificates of Participation, saving the taxpayers millions of dollars. She also was in involved in the restructuring of the County Auditor-Controller’s office and processes to bring it up to present, as it was 6-months behind at the time of her appointment. Prior to her employment with the Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon Council Members Gretel Tisconia, Caroline Schirato, Isabel Moncada • City Attorney Douglas L. White, White Brenner LLP County Auditor-Controller, Ms. Callen was employed with the Calaveras County Technology Services Department, as well as in the private sector focusing on accounting and finance.

Ms. Callen was interviewed by the Council and was determined to be a fit candidate for the City Administrator position.

FISCAL IMPACT
Ms. Callen’s salary will be $123,834.00 per year. Below are the substantive terms of the proposed agreement:
• Ms. Callen will be an at-will employee.
• Her health, dental, vision and life insurance benefits will be the same as those offered to other full-time exempt City employees.
• She will receive 104 hours of holiday pay, 80 hours of vacation pay annually, 96 hours of sick leave annually, 120 hours of management leave annually.

ENVIRONMENTAL
Appointing a permanent City Administrator is not a “project” under the California Environmental Quality Control Act since it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065.) OPTIONS:

1. Approve the Employment Agreement for City Administrator;

2. Continue the item for later consideration of the City Council with direction to City staff; or

3. Reject the Employment Agreement.

ATTACHMENTS:

Employment Agreement for City Administrator
CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 1 of 13 ends

EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this _____day of ___ 2022, by and between the City of Angels, a California municipal corporation (“City”), and Rebecca Callen, an individual (“Employee”). City and Employee may individually be referred to herein as “Party” or collectively as “Parties.” There are no other parties to this Agreement.

RECITALS
A. The current City requires the immediate services of a person with proven executive and administrative qualifications to fill the position of City Administrator (“City Administrator”).

B. City, acting by and through the City of Angels City Council (“City Council”) has evaluated Employee’s knowledge, experience, administrative skills and abilities and desires to hire and appoint Employee as City Administrator pursuant to the terms of this Agreement.

C. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of California Government Code sections 53260 and 36506.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 15 of this Agreement, Sections 1 through 15 will prevail.

Section 2. Effective Date. This Agreement shall become effective once executed by both the City and Employee (“Effective Date”).

Section 3. Appointment of City Administrator, Duties and Term.

3.1. Appointment of City Administrator and Duties. Commencing February 7th, 2022 (“Start Date”), Employee shall serve as City Administrator of City and shall be vested with the powers, duties, and responsibilities set forth in Chapter 2.08 of the Angels Municipal Code (“MC”), the City Administrator Job Description, the City Personnel Policy, Rules and Regulations (as may be amended from time to time) and under applicable California law. Employee shall further perform the functions and duties specified under the laws of the State of California, the MC, the then current ordinances and resolutions of the City, and such other duties and functions as the City Council may from time-to-time assign. The City Council may also designate Employee CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 2 of 13 ends

as the chief executive of other City-related legal entities, such as a redevelopment agency, financing authorities, or joint powers authorities.

3.2. Employee’s Obligations. Employee agrees that Employee will comply with any and all City policies or requirements regarding background checks and/or fitness for duty examinations as soon as reasonably possible. Employee further agrees to comply with all other applicable laws, ordinances, regulations, and City rules and policies. Employee further agrees that Employee shall devote Employee’s productive time, abilities, and attention as necessary to the full accomplishment of Employee’s duties and the City’s business needs. Accordingly, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Council in writing if Employee wishes to accept secondary employment sufficiently in advance to allow the City Council to determine whether there is the appearance of, or an actual conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City. Should the City Council make such a determination, Employee agrees that Employee will forgo the proposed secondary employment. Notwithstanding the foregoing, Employee shall have the right to volunteer for such nonprofit organizations as Employee may see fit, provided that such volunteer services shall not interfere with Employee’s duties on behalf of the City.

Employee’s initial duties shall be as shown in the job description attached as Exhibit A. Employee shall perform Employee’s duties and responsibilities under this Agreement pursuant to the laws of the State of California and applicable City municipal codes and resolutions. Employee understands that Employee’s duties may be amended from time to time by the City, as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.

3.3. Exempt Employee. The general business hours for City employees are Monday through Friday, 8:00 a.m. to 4:00 p.m. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C., § 201 et seq.). As such, Employee acknowledges that Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours which are necessary to fulfill the duties of the City Administrator’s position, unless otherwise provided in this Agreement.

3.4. Hours of Work. The position of City Administrator is an exempt position. As such, Employee shall not have set hours of work, as the City Administrator is expected to be reasonably available at all times and work such hours as may be necessary to the full accomplishment of Employee’s duties. Employee shall spend as much time at City offices during regular business hours as is possible given Employee’s other job responsibilities such as interagency and offsite meetings, advocacy and representation of the City, professional development and other official duties. Employee’s schedule shall be arranged to meet the needs of the City and to allow Employee to satisfactorily perform Employee’s duties and responsibilities.

CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 3 of 13 ends

It is recognized that the City Administrator must devote additional time outside normal office hours to the business of the City, and to that end, Employee’s work schedules each day and week shall vary in accordance with the work required to be performed. Employee’s performance will be evaluated on accomplishments, not hours worked. For purposes of utilizing leave balances, Employee’s work schedule shall be based upon a forty (40) hour work week and not an eight (8) hour day.

3.5 Term. The initial term of this Agreement shall be for two (2) years commencing on February 7th, 2022 (“Term”), and shall continue through February 6th, 2024, unless terminated earlier by either Employee or the City in accordance with the provisions of Section 11 of this Agreement, or as required by law. The City Council in its sole discretion may elect to extend this Agreement from time to time in increments of at least one (1) year. No later than three (3) months prior to the expiration of the Term, Council shall provide written notice to Employee as to whether Council intends to extend the Term. If no notice of intent to terminate is provided, the Agreement shall continue for an additional one-year period.

Section 4. At-Will Employment.

4.1. At Will. Employee is an at-will employee serving at the pleasure of the City Council, with no set duration of employment, as provided in Government Code section 36506.

Accordingly, as set forth in Section 11 of this Agreement, Employee’s employment may be terminated at any time, with or without cause.

Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to Employee’s position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to Employee’s notice and will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify or revoke Employee’s status as an at-will employee or any other provision of this Agreement.

4.2. No Property Right in Employment. Employee understands and agrees that the terms of Employee’s employment are governed solely by this Agreement and an MOU, if any, which the City deems applicable by its terms to Employee’s position as City Administrator.

Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that Employee is not entitled to due process for any disciplinary action under the City’s personnel policies and rules, including termination, unless such process is provided pursuant to the terms of an MOU, if any, which the City deems applicable to Employee’s position as City Administrator.

Section 5. Compensation and Evaluations.

5.1. Base Salary. City agrees to pay Employee an annual salary (“Base Salary”), as set by the City’s current Salary Plan at Range 59 Step 2, in the amount of one hundred twenty-three thousand, eight hundred thirty-four dollars and zero cents ($123,834.00). Employee’s Base Salary shall be payable in installments at the same time that the other City employees are paid. Employee CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 4 of 13 ends

shall be eligible for salary increases annually, as determined by the City Council per MC section

2.08.020, and any applicable City policy.

Employee acknowledges that the Base Salary may be subject to a pro-rata decrease should Council adopt an unpaid Mandatory Furlough Plan applicable to other similarly situated full time exempt employees as a budgetary measure.

5.2. Review and Evaluation. The City Council will review and evaluate Employee’s performance as City Administrator after three (3) months and six (6) months of employment and provide Employee with a written performance review. Thereafter, City Council will review and evaluate Employee’s performance annually and at other times the Council deems appropriate in its discretion. The Council may also provide other increases in salary and/or benefits as they deem appropriate based on Employee’s performance, which will not require an amendment of this Agreement.

5.3. Benefits. During the term of this Agreement, unless otherwise specified, Employee shall be entitled to participate in medical, dental and vision coverage under City maintained group plans provided by the California Public Employee Retirement System (CalPERS) and will be eligible to receive these and other benefits, including but not limited to vacation, sick leave, retirement, paid holidays, management leave and longevity pay on the same terms and conditions as similarly situated full time exempt employees, in accordance with applicable provisions of City Personnel Rules, policies, regulations and/or an MOU, if any, which the City deems applicable by its terms to Employee’s position as City Administrator. The current Schedule of Benefits is attached to this Agreement.

Employee acknowledges that the level of benefits and/or the portion of premiums paid by the City is subject to change and that benefits under this Agreement as set forth in the Schedule of Benefits may be modified to comport with any change in the level or cost of benefits the City applies to similarly situated full time exempt employees. Employee further acknowledges that all benefits to which Employee may be entitled shall be accrued and administered in accordance with applicable City Personnel rules, policies, and regulations and/or an MOU, if any, which City deems applicable by its terms to Employee’s position as City Administrator.

Section 6. Automobile Expenses. If it is necessary for Employee to use a personal vehicle for City business and City-related business, such as conferences and meetings, Employee shall be reimbursed at the then current allowable IRS mileage rate. Employee shall be responsible for paying the cost of liability, property, damage and comprehensive insurance in conformance with policy as may be established by the Risk Management Authority. Employee shall have the City named as an additional insured on any insurance policy Employee maintains on automobiles used while travelling for City business.

Section 7. General Expenses. City recognizes that certain job-related expenses will be incurred by Employee and City hereby agrees to reimburse or to pay said general expenses in accordance with MC section 2.08.100 and City policies. The Finance Director (or designee) is hereby authorized to disburse such monies upon receipt of duly executed invoices, petty cash vouchers, receipts, statements, or other appropriate documentation.

CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 5 of 13 ends

Section 8. Cell Phone Allowance. City will provide Employee with stipend of forty dollars ($40.00) per month to use towards the cost of, and in lieu of a City provided cellular phone.

Section 9. Dues and Subscriptions. City agrees to budget and pay for the professional dues and subscriptions of Employee, as needed for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee’s continued professional participation, growth, and advancement, and for the good of the City, including, but not limited to, League of California Cities (LCC) and the International City/County Management Association (ICMA), subject to the terms set forth in Section 7 of the Agreement.

Section 10. Professional Development.

10.1. Travel Expenses. City hereby agrees to budget and pay for travel and subsistence expenses of Employee for necessary professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City, subject to the terms set forth in Section 7 of this Agreement and provided Employee seeks prior authorization for such expenses from the Council.

10.2. Courses and Seminars. City also agrees to pay for the cost of enrollment, tuition, fees, travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for Employee’s professional development and for the good of the City, subject to the terms set forth in Section 7 of this Agreement and provided that Employee seeks prior approval from the Council for such expenses.

Section 11. Termination of Employment and Severance.

11.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of the Employee’s resignation, unless the Parties otherwise agree in writing. If the Employee retires from full-time public service with the City, the Employee shall provide ninety (90) calendar days advance written notice. The Employee’s actual retirement date will be mutually established between the Parties.

During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and benefit amounts accrued and owing under this Agreement.

11.2. Termination by City Council. City and Employee intend that the provisions of Section 11 of this Agreement shall control the process whereby Employee’s employment may be terminated. Accordingly, the Parties hereby voluntarily waive the provisions of MC 2.08.130 relating to removal/dismissal of Employee and agree that the provisions of Section 11 of this Agreement shall govern termination of Employee’s employment.

The City may, with or without cause , terminate this Agreement and Employee’s employment with the City at any time. The removal of Employee as City Administrator shall be effected by a majority vote of the whole Council as then constituted, convened in a regular Council meeting. Employee shall be provided a written notice setting forth the reasons for such termination.

CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 6 of 13 ends

City shall tender Employee all final wages due and owing as well as accrued and unused vacation and management leave through the termination date within a reasonable time, in accordance with standard City practice and this Agreement.

11.3 Termination Without Good Cause/Severance. If City terminates Employee’s employment and this Agreement without good cause as defined in Paragraph 11.5 below, Employee shall no longer be entitled to accrue any pay, other compensation of any sort or benefits after the date of termination. If City terminates Employee’s employment and this Agreement without good cause, as defined in Paragraph 11.5 below, within the first year of employment as City Administrator, Employee shall not be eligible for severance in any amount whatsoever.

However, if City terminates Employee’s employment and this Agreement without good cause, as defined in Paragraph 11.5 below, after Employee has been continuously actively employed as City Administrator for one (1) year, City shall pay severance to Employee in an amount equal to six (6) months of Employee’s then current Base Salary, provided that Employee executes a general release of claims in favor of the City in a form acceptable to the City. Severance shall be paid at Council’s discretion either in a single lump sum or in equal installments on regular City paydays over six (6) months’ time, or such other time frame as the Parties agree upon.

Any cash settlement related to the termination of this Agreement received by Employee from City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position while employed with City Pursuant to Government Code Section 53243.2. In the event City terminates this Agreement, Employee shall be entitled to continued medical and dental benefits at Employee’s cost pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

11.4 Termination for Good Cause. If Employee is terminated for good cause as defined in Paragraph 11.5 below, Employee shall not be entitled to any severance whatsoever and City shall have no obligation to Employee beyond payment of all wages, including accrued and unused vacation due and owing for all hours worked as of Employee’s last day of employment and any other obligation which City may be required to provide under federal or state law.

In the event Employee is terminated by the City Council for misconduct which has been publicly disclosed and could stigmatize Employee’s reputation or impair Employee’s ability to earn a living, Employee may, within ten (10) calendar days, make a written request for a “nameclearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name-clearing” hearing will be held solely to provide Employee an opportunity to clear Employee’s name. The City Council shall use its sole discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpose of which is solely to allow Employee to present Employee’s grounds of opposition to the allegations in the notice of termination.

The City Council may determine whether the allegations in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that the Employee’s termination was without fault. Such a decision, however, will not require that Employee be reinstated. The hearing shall take place at a regularly scheduled City Council meeting and held in accordance with the City’s standard practice CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 7 of 13 ends

and any applicable provisions of state law. The decision whether to terminate the City Administrator shall be made by a majority vote of the whole City Council as then constituted in closed session and reported out of closed session as required by the California Government Code.

11.5 Good Cause - Defined.
“Good Cause,” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:

1. Conviction of a felony;

2. Disclosing confidential information of City;

3. Gross carelessness or misconduct;

4. Unjustifiable and willful neglect of the duties described in this Agreement;

5. Mismanagement;

6. Failure to perform duties to the standard set by the City;

7. Any conduct which violates the City’s Personnel Rules, or other City policies, rules, or regulations for which a City employee may be terminated;

8. Repeated and protracted unexcused absences from the City Administrator ’s office and duties;

9. Willful destruction or misuse of City property;

10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation;

11. Willful violation of federal, state, or City discrimination laws;

12. Substance abuse which adversely affects the performance of Employee’s duties as City Administrator and/or reporting to work while under the influence of alcohol or any drug (whether or not Employee has a valid prescription) which impairs, or has the potential to impair, Employee in the performance of Employee’s duties;

13. Refusal to take or subscribe any oath or affirmation which is required by law;

14. Disability that renders Employee unable to perform the essential functions of her job with or without reasonable accommodation which places an undue burden on the City;

15. Dishonesty;
CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 8 of 13 ends

16. Discourteous treatment of the public or other employees;

17. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests; and

18. Failure to comply with any of Employee’s obligations as set forth in this Agreement.

Notwithstanding any provision in this Agreement to the contrary, the City Council may place Employee on investigatory leave with or without pay at any time during the Term of this Agreement. However, pursuant to Government Code Section 53243, Employee shall fully reimburse City for any pay provided for that purpose if Employee is convicted of a crime involving an abuse of Employee’s office or position.

Section 12. Indemnification. City shall defend, hold harmless and indemnify Employee against any tort, personnel, civil rights or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Administrator in accordance with California’s Tort Claims Act (Government Code section 825 et seq.), and shall provide a defense to Employee in accordance with Government Code sections 995 through 996.5. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, that the City’s duty to defend and indemnify shall be contingent upon Employee’s good faith cooperation with such defense. In the event City provides funds for legal criminal defense pursuant to this Section, Employee shall reimburse City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 through 53243.4.

Section 13. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.

Section 14. Notices. Any notice or communication required hereunder between City and Employee must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 9 of 13 ends

prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Angels
ATTN: City Clerk
P.O. box 667
200 Monte Verde Street, Ste. B
Angels Camp, California 95222
and White Brenner LLP
ATTN: Douglas L. White
1414 K Street, 3rd Floor
Sacramento, California 95814
If to Employee: Rebecca Callen
P.O. Box 667
200 Monte Verde Street, Ste. B
Angels Camp, California 95222
w/cc: home address on file with City Administrative Services Section 15. General Provisions.

15.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.

15.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

15.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any Section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

15.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.

Further, by entering into this Agreement, neither Party hereto shall have breached the terms or CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 10 of 13 ends

conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

15.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any Section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

15.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

15.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

15.8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

15.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

15.10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Calaveras.

15.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret Sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
[SIGNATURE PAGE FOLLOWS]
CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 11 of 13 ends

IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.

CITY:

City of Angels Camp, a California
Municipal Corporation
By:

Alvin Broglio, Mayor
Date:

Approved as to Form and Content:

By: _____________________
Douglas White, City Attorney
Date:_____________________
EMPLOYEE:

Rebecca Callen
Rebecca Callen
Date:

By: _________________________
Douglas White, City Attorney
Date:____________________
CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 12 of 13 ends

City Administrator Schedule of Benefits
Rebecca Callen
Per Paragraph 5.3 of Employment Agreement

1. Leave. Employee shall receive the following leave time:

A. Vacation. Vacation accrual shall begin on the first day of the first full month of employment. Employee shall accrue vacation at the rate of ten (10) days or eighty (80) hours per year. Accrual shall be capped at one hundred and fifty percent (150%) of Employee’s annual accrual. Unless otherwise specified in this Agreement, vacation accrual, use and payout shall be administered in accordance with any applicable provisions of City Personnel policies, rules, and regulations and/or an MOU, if any, that the City deems to be applicable to Employee’s position as City Administrator. Upon separation from the City, Employee shall be paid for any accrued and unused vacation.

B. Management Leave. It is recognized that Employee must devote a great deal of time outside of normal business hours to City business as City Administrator. To that end, Employee shall receive one hundred and twenty (120) hours of Management Leave at the beginning of each fiscal year, to be used as needed, upon approval by the City Council. Unless otherwise specified in this Agreement, accrual and use of Management Leave shall be administered in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. In the first year of this Agreement, Employee will be credited a prorated amount of Management Leave which equals sixty (60) hours for the remainder of the fiscal year.

Any unused Management Leave expires on June 30th of each fiscal year and shall not be paid out or carried over year to year.

C. Sick Leave. During the term of this Agreement, Employee shall accrue sick leave at the annual rate of ninety-six (96) hours per year. Accrual shall begin on the first day of the first full month of employment. Employee shall not accrue more than ninety (90) days, or seven hundred and twenty (720) hours, of sick leave. Employee acknowledges that City may require a note from a health care provider certifying the need for sick leave for absences in excess of three (3) days. Unused sick leave will not be paid upon Employee’s separation from City. Unless otherwise specified in this Agreement, accrual and use of sick leave shall be administered in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator.

D. Other Leave. Employee shall be entitled to other leaves of absence, as provided by City policies and/or required by law, to the same extent as other similarly situated full time exempt employees, in accordance with the City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator.

2. Holidays. Employee shall be entitled to observe with pay all holidays as approved by the City Council for similarly situated full time exempt employees, in accordance with the CITY OF ANGELS CAMP_

CITY ADMINISTRATOR EMPLOYMENT AGREEMENT

Page 13 of 13 ends

City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. he City currently provides fourteen (14) paid holidays, which results in one hundred twelve (112) hours of holiday pay.

3. Health Insurance. Employee shall be eligible to participate in medical, dental and vision coverage under City maintained group plans provided by the California Public Employee Retirement System (CalPERS) under the terms and conditions of those plans, on the same terms and conditions as similarly situated full time exempt employees. Employee acknowledges that the plans offered, the level of benefits and/or the portion of premiums paid by the City may be subject to change. City will endeavor to give Employee thirty days’ notice of any change in benefits, coverage, or premium cost. Employee may, at Employee’s option, elect to opt out of City provided health insurance and, in lieu of insurance, may receive a cash payment of two hundred fifty ($250.00) per month, provided Employee presents proof of alternate insurance.

4. Other Insurance. Employee shall be eligible to participate in other City sponsored insurance plans(e.g., long term disability, life insurance) to the same extent as other similarly situated full time exempt employees, in accordance with the terms of those plans.

5. Retirement. The City shall provide the Employee with the California Public Employee Retirement System’s (CalPERS) Two and Seven Tenths’ Percent (2.7%) at Fifty-five (55) Benefit Formula, pursuant to the contractual provisions between the City and CalPERS.

Employee shall pay eight percent (8%) of Employee’s salary to fund the employee share of the pension.

6. Longevity Pay. Employee may be eligible for Longevity Pay after ten (10) years of continuous full-time employment with the City, in accordance with the City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. Longevity pay shall be added to Employee’s base salary.

City of Angels Council Meeting
FEBRUARY 1, 2022 CORRESPONDENT – 10.A

A. CALAVERAS PUBLIC POWER AUTHORITY POWER RATE INCREASE

Angels Camp City CouncilFebruary 1, 2022

Angels Camp City Council
February 1, 2022