EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 21st day of June, 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. Employee has served in the position of City Administrator (“City Administrator”) since February 2022.
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 as of June 22nd, 2022, provided it has been 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 June 22nd, 2022, Employee shall serve as City Administrator under the terms of this Agreement 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 CITY OF ANGELS CAMP_
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designate Employee 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.
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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 four (4) years commencing on June 22nd, 2022 (“Term”), and shall continue through June 21st, 2026, 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. Beginning the first pay period after the Effective Date, City agrees to pay Employee an annual salary (“Base Salary”), in the amount of one hundred thirty-six thousand, one hundred thirty-six dollars and zero cents ($136,136.00). Employee’s Base Salary shall be payable in installments at the same time as other City employees are paid. Employee shall CITY OF ANGELS CAMP_
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be eligible for salary increases annually, as determined by the City Council per MC section
2.08.020, this Agreement, 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/Annual Increase. City Council will review and evaluate Employee’s performance annually generally around June of each year and at other times the Council deems appropriate in its discretion.
Beginning in calendar year 2023, provided Employee’s performance has been rated above average by City Council, Employee’s Base Salary will be increased in accordance with increases, if any, in the All-Urban Consumer Price Index for the San Francisco-Oakland-Hayward Area (“CPI”). Any increase in Employee’s Base Salary as a result of an increase to the CPI will be rounded up to the nearest dollar; provided however, such CPI based increase shall not exceed five percent (5 %) in any single calendar year. Any increase in Base Salary shall be based on the April CPI (released every year in May) and shall become effective on July 1st of each year. 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.
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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.
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 Agreementshall 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.
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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 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.
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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 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; CITY OF ANGELS CAMP_
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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;
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 CITY OF ANGELS CAMP_
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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 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 CITY OF ANGELS CAMP_
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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 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.
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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:
EMPLOYEE:
Rebecca Callen
Rebecca Callen
Date:
By: _________________________
Douglas White, City Attorney
Date:____________________
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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_
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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. The City currently provides fourteen (14) paid holidays, which results in one hundred and 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 (30) 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 and 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.
7. Essential Pay Bonus. In recognition of Employee’s service to the City and its citizens during the challenges presented by the public health pandemic, the City will provide a one-time bonus to Employee in the amount of two thousand, five hundred dollars ($2,500.00) to be paid the first pay period after the Effective Date.
8. COVID Vaccine Bonus. The City shall provide Employee a one-time bonus in the amount of one thousand dollars ($1,000.00) provided Employee presents proof Employee has been fully vaccinated (i.e., has received initial vaccine(s) and booster(s) against COVID-19.) The bonuses shall be contingent on documentation that the vaccination(s) have been received being presented to the Administrative Services Officer and shall be paid the first pay period falling after the Effective Date of this Agreement and receipt of proof of vaccination.
City of Angels Council Meeting
JUNE 21, 2022 CORRESPONDENCE
A. News and Notes May 30, 2022
B. News and Notes June 6, 2022
___________________________________________________________________
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: June 10, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF MAY 30, 2022
RECOMMENDATION
No action is required.
DISCUSSION
It is important for the Council to see and the public to be aware of the work that is done every day by hardworking staff. With COVID the regular communications and updates ended, while staff has continued to make meaningful progress across all of the City’s functions. The Council will get these weekly reports as there are updates to give.
Administration Update
Discussed fiber options for internet with AT7T (Calnet). While the City Hall and Police are moving to Comcast, there are options available for the other locations, and for UWPA who is also needing proper internet capabilities. Met with State Parks and Rec on the Utican Park grant to answer their questions.
Had a Department Head meeting and went over the proposed budget. A few minor corrections were needed and were incorporated into the Council version. Got word that the City did not get the CalFire grant. However, I am working with UWPA on an equipment-sharing agreement that should alleviate that. Notified the other respondents of the Building Official RFQ of tabulation results and Council item going forward. Coordinated with PARS to get the agreements drafted with approved resolution. Rose attended training on facility security due to recent shootings in the news.
Fire Update
Nothing to report
Police Update
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Weekly Activity 5/27-6/2 105 Calls for Service Misdemeanor Arrests (1) Arrest for possession of stolen property (1) Arrest for domestic battery and public intoxication (1) Arrest for violation of domestic violence restraining order and resisting arrest Felony Arrests (3) Arrests made for outstanding felony warrants Activities of Note: 5/31 Chief attending the Greenhorn LLD meeting. 6/2 Chief, Teresa, Officer McDearmid, and K9 Valkyrie attended Murphys Rotary luncheon where K9 Valkyrie received an Officer of the Year award.
NOTE: ALICE (active shooter training) training was done previously on the week of March 21, 2022.
Engineering Update
Nothing to report
Public Works Update
Staff continues to work on vegetation management including weed eating on Demerest St., Stockton Rd., Cliffton island, P.D., and Gateway Park. They also worked on overhanging trees on Brunner Hill Rd.
Staff also continued maintenance on lift stations and the collection system including more pump rebuilds at Greenhorn lift station #1 and tracing a sewer line from Hillside Court. Staff worked with Gold Electric to take down the Veterans Day banner and replaced it with the Farmers Market banner. Staff responded to a water leak at Copello Apartments. After some investigation, we determined that the leak was the irrigation system and that the property owner’s responsibility to repair it. Staff also responded to a sewer leak at a property on Finnigan Ln. They repaired the connection, but the property owner needs to do some work to bring his sewer line up to grade.
Water/Wastewater Update
Staff continues daily operation and maintenance of both treatment plants and the spray fields including daily sampling, calibrations, verification, and operational adjustments. Staff continues to work on spray field sprinkler repair, bio-solids drying operations, and belt filter press operation. Staff completed the April stream discharge report this week.
Building Update
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Planning and Building: Attended follow-up interview with the California Dpt. of Parks and Recreation for the City's application for a $3 million grant to expand and restore Utica Park. Upcoming: 6/9/22 Planning Commission will hear - Smoke Shop Conditional Use Permit located at 250 South Main (Savemart Shopping Center) Completed response to questions from Code Publishing. Online code updates are expected to occur shortly (clearing a backlog of nearly 2 years). Received/Processing Special Event Permit for Memorial Service for 6/12/22 at Utica Park. Ongoing research in support of potential new development on Main Street related to Water and Sewer availability. Research/assistance to potential new developer on Main Street related to potential sites, ingress/egress.
Finance Update
Entered quarterly JEs to funds in preparation for year-end. This week I will continue more clean-up and record interest quarterly to the funds. RAMS prepared JEs that help clean up cash due from transactions that they recorded incorrectly. I will rerun cash accounts to ensure they are in balance. Attended CERF lunch and learn online with the Sierra Business Council. They are preparing an application to the state due 7/25/2022 which would be one-time use of State funds for low carbon economic development, and promote sustainable development in our communities by creating jobs above the median income. The planning grant includes 13 Regions and each region can be awarded up to 5M to foster partnerships, and collaborations and develop regional economic plans. This was the second meeting and they will have one more before applying. SBC will need to present an initial vision and goals for the collaborations. Currently, they see potential high growth in forestry and biomass utilization, forest health and fire mitigation, climate and energy innovation, sustainable tourism, and health care and social assistance. SBC will come to this area to meet one on one with partners to give feedback on the application. I sent you an email with the slides and recording from the Zoom meeting. Training went well for Caytlyn’s first week down (Yay!) and Andrea said she is happy about her progress. I spoke with Andrea regarding PO to Invoice procedures and talked about controls we can put in place on the receiving end of purchases. As we move forward with POs in Springbrook we can see if the system can help. We also spoke about training department heads and supervisors on everything they should have in place to make a purchase when we roll out the new system. We are going to work on a New Vendor checklist because it seems like departments are unsure what they need when setting up vendors, not in the system. This next week my focus will be to continue to clean up on the Funds and to identify all quarterly processes from the information you shared. I would like to reconcile all balance sheet accounts to ensure we are ready for yearend close.
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DAC Update
Nothing to report. Since the scope requested was not returned to the City Administrator, a place marker was added to the budget based on 2021-22. However, no payments will be permitted to DAC unless an approved contract is executed, which will require Council Approval.
Museum Update
Nothing to report
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: June 14, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF JUNE 6, 2022
RECOMMENDATION
No action is required.
DISCUSSION
It is important for the Council to see and the public to be aware of the work that is done every day by hardworking staff. With COVID the regular communications and updates ended, while staff has continued to make meaningful progress across all of the City’s functions. The Council will get these weekly reports as there are updates to give.
Administration Update
Met with UWPA and UPUD to discuss interviews for UWPA, grant opportunities for all three of the members, and loan options for projects. Prepared for the City Council meeting to present the 2022-23 budget. Discussed with the Finance Director GANN limit requirements for 2022-23 and will need to bring back once the information is available to calculate. Worked with the vendor to develop a quote for the website overhaul. Discussed funding meeting with USDA and the need to get back together to identify some options for the City. Sent email to Debbie Ponte and Tim Oskey regarding need for a response to scope to enter into a contract with the City. I had not received anything. Coordinated with CSG and legal to finalize indemnification language in contract. Reached out to Chris O'Flinn to take advantage of free leak detection survey through the State. Coordinated with Finance Director to get the arrearage reporting to the State so that the remaining balance can be returned. Received email from CalOES about 2021 December Winter Storm funding available. While cost impacts were under $10,000, there is a possibility to apply for Hazard mitigation funding. Looking into further. Coordinated with Rose to start scheduling SB1825 and SB1343 training for staff (Supervisor and harassment). Received final 6/30/21 audit from Larry Bain to present to Council on the 21st. Received the preparation list from Citygate and have scheduled a kickoff meeting for July. Citygate will start working on scheduling meetings with stakeholders over the next month. Coordinated and planned a meeting with Dewberry to
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 address issues with the Murphys Grade Sidewalk and infill project. Coordinated with Blackwater to get the remaining pieces of documentation together in order to submit for funding construction (Water Treatment Plant). Submitted a letter of authorization to the County Integrated Waste Management to coordinate grant funding and programs with CalRecycle through 2025. Sent some MOU language changes to Legal as requested by the Union. Scheduling a meeting to look at health insurance options to save employees money. Finally got the confirmation from Microsoft for our tenant of Angelscamp.gov and can now move forward on the migration project! Released the RFP for IT services and the RFQ for Engineering Services via Public Purchase. Scheduled firewall installation for the 16th to switch to Comcast. Reached out to legal to see if the City can qualify for the Alternative Procedure for procurement to lighten the burden on non-federal purchasing requirements per the Public Contract Code. Darren Diebold got back to us on a possible contact for the brass frog jump plaques.
Fire Update
Nothing to report
Police Update
6/3 – 6/9 103 calls for service and officer-initiated cad incidents Arrest breakdown: - (1) misdemeanor arrest for 148(a)(1) Stuff worth noting: - Department Training 6/8 (Defensive Tactics and Range Work) - City Council Meeting 6/7 - Chief meeting with Greenhorn Creek Residents 6/8 - Extensive Police Review and Updating
Engineering Update
Caltrans Reimbursement Invoicing - worked with the district to obtain an email address for electronic invoice submittals. Worked with Michelle Gonzalez on the remaining steps to submit Caltrans Reimbursement Invoices. Murphys Grade Reimbursement Invoice for $928,527. Began work on the second invoice for this project. Detangled the invoice history for Murphys Grade and provided a detailed spreadsheet with backup documentation to City Hall. Discovered we do not need to use goats for vegetation management in protected cultural resource areas in Greenhorn. Will utilize normal vegetation management crews to weed-whack buffer zones. Provided Fire Marshal with contact for good defensible space crew for Utica and Roof Screen. Provided an electronic copy of all Greenhorn Subdivision Maps to City Planner and Permit Manager. Reviewed and Approved Comcast Permit JB561714 after the second set of revisions. Reviewed and Denied Comcast Permit JB1011376 because the work will not be in the City Right of Way Worked with Electrical Specialist to find out of signal loops can be damaged with Slurry Seal. The heat from slurry overlays will not damage signal loops, however,
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 loop wires may accidentally be cut by some machines during the slurry seal process if the wires are shallow (less than 1.5 inches deep). Assisted Planning and Permit manager with fee determination for the Dignity Parking Lot Extension. Investigated Gutter Pan concern in Angel Oaks. This development was constructed without driveway breaks on the sidewalk. As a result, vehicles drive over a rolled curb entering and exiting driveways. Over the years, owners are finding ways to minimize the impact of the rolled curb. Some have filled in the gutter pan negatively impacting the stormwater flow line. Code violations will need to be sent to each owner that conducted this work without an encroachment permit. Reviewed, commented, and approved the LLD ballot.
Public Works Update
Staff continues vegetation management on city streets. This week they worked on Fairview, Mark Twain, Purdy St., Booster Way, Easy St., Dogtown, and Gardner Ln. Staff raked and disposed of leaves in front of City Hall. Staff did preventative maintenance on all pressure-reducing valves in the water system this week. They responded to a water leak on Moose Trail which prompted a boil water notice for eight houses. Staff also removed the broken slide at Utica Park and re-attached two swings that were removed for social distancing during covid 19 restrictions. Staff repaired a drain inlet on Main St. and fixed the drinking fountain at the museum. Staff had 4 service requests, 3 work orders and 3 USA digs this week.
Water/Wastewater Update
Staff continues with daily operations and maintenance of the treatment plants and spray fields. Staff formed and poured a concrete pad extension in preparation for the new generator installation at the water treatment plant. Staff continues biosolids drying operations and has been working to replace old sprinklers in the spray fields. Staff also worked with Public Works on the boil water notice. The May water report was also completed.
Building Update
Nothing to report
Finance Update
Met with Amy to reconcile Cal OES Generator grant, I set up a project and I am moving the expenses.
SB2 Grant spreadsheet from Amy now ties to our records. I need to make the JE’s to ensure all costs are
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 recorded for the project. Amy & I reconciled Angels Creek Trail to the GL and I have her spreadsheet that ties to the Invoice Summary. Met with Rebecca N. to finalize Murphys Grade invoice and submitted it to Caltrans. I viewed the Springbrook Community page on Project Manager Overview and learned some very helpful tips. I think the system was set up over complicated and we can simplify the Task and Type codes down. I am pulling together a spreadsheet to propose the new structure going forward next year. We can also make Project Management Adjustments through the module to record revenue or expense that was not included in the original entry to the project. This will eliminate the use of JEs to move this expense to the project. Researched new rates and reviewed spreadsheet for GANN limit. I will update the spreadsheet when the new Per Capita personal income for California is released. I created a Smartsheet for Springbrook Migration to keep track of testing. I spoke to Caytlyn and Andrea about setting dates and the importance of sticking to the testing schedule so we can move this project forward. I finished the Cost Allocation Plan document and sent it to Rebecca for review on Tuesday. I need to pull the historical data for the allocations which will be a priority this next week. Signed Caytlyn and myself for Springbrook training Utility Billing. Andrea will listen in with Caytlyn just to see if there is something new. Updated Fuel Logs from January through May, and entered JE into the system.
DAC Update
Nothing to report from DAC. Since the scope requested was not returned to the City Administrator, a place marker was added to the budget based on 2021-22. However, no payments will be permitted to DAC unless an approved contract is executed, which will require Council Approval.
Museum Update
Martin has won the election. He is intending to retain the management of the Museum. Am working with him to schedule a meeting on how best to handle that and other considerations that could impact the City.