Cities Index.
Agenda packet, regular meeting, first session

Angels Camp City Council
June 20, 2023

Document
Agenda packet, regular meeting, first session
Meeting
June 20, 2023
Body
Angels Camp City Council
Pages
42
Original file
21.5 MB
Text extracted from the city's file for reading and search. Open the original on angelscamp.gov. That file is the official record.

EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 21st day of June, 20232, 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, 20232, provided it has been executed by both the City and Employee and approved by the City Council. (“Effective Date”).

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

3.1. Appointment of City Administrator and Duties. Commencing June 22nd, 20232, 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 {CW130080.1}
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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. {CW130080.1}
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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, 20232 (“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 {CW130080.1}
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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/Salary Increases. 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 as follows:
 a ten percent (10%) increase to Base Salary effective July 1, 2023;  a five percent (5%) increase to Base Salary effective July 1, 2024; and  a three percent (3%) increase to base salary effective July 1, 2025. in accordance with increases, if any, in the All-Urban Consumer Price Index for the San FranciscoOakland-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. In addition, tThe 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. {CW130080.1}
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5.4. Vacation Accrual Credit Longevity Credit. For purposes of vacation accrual only, The eEmployee will receive public service credit for prior years of employment with a public agency, for purposes of calculation of vacation accruals . The years of service for vacation accrual will be calculated increased to recognizing e an additional public service credit, with a start date of December 6, 2006 (12/6/2006).

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.

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.
{CW130080.1}
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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 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”). {CW130080.1}
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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 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; {CW130080.1}
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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;

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, {CW130080.1}
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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 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 {CW130080.1}
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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 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.
{CW130080.1}
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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]
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 BroglioJennifer Herndon, Mayor
Date:

Approved as to Form and Content:

EMPLOYEE:

Rebecca Callen

Rebecca Callen
Date:

By: _________________________
Douglas White, City Attorney
Date:____________________
{CW130080.1}
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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. During the term of this Agreement, Employee shall accrue vacation at the rate of twenty (20) working days (160 hours) of vacation 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.

A.

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. {CW130080.1}
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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'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.
{CW130080.1}
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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.

8.7. 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. {CW130080.1}
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 21st day of June, 2023, 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, 2023, provided it has been executed by both the City and Employee and approved by the City Council. (“Effective Date”).

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

3.1. Appointment of City Administrator and Duties. Commencing June 22nd, 2023, 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 {CW130080.1}
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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. {CW130080.1}
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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, 2023 (“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 {CW130080.1}
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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/Salary Increases. 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 as follows:
• a ten percent (10%) increase to Base Salary effective July 1, 2023; • a five percent (5%) increase to Base Salary effective July 1, 2024; and • a three percent (3%) increase to base salary effective July 1, 2025.

In addition, 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.

5.4. Vacation Accrual Credit . For purposes of vacation accrual only, Employee will receive credit for prior years of employment with a public agency, . The years of service for vacation accrual will be calculated recognizing additional public service credit, with a start date of December 6, 2006 (12/6/2006).
{CW130080.1}
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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.

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. {CW130080.1}
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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.

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. {CW130080.1}
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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 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;
{CW130080.1}
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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;

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.
{CW130080.1}
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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 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. {CW130080.1}
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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 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 {CW130080.1}
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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]
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:

Jennifer Herndon, 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:____________________
{CW130080.1}
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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. During the term of this Agreement, Employee shall accrue vacation at the rate of twenty (20) working days (160 hours) of vacation per year. Accrual shall be capped at one hundred and fifty percent (150%) of Employee’sannual 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 {CW130080.1}
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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'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. CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: June 6, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE MONTH OF APRIL/MAY 2023

RECOMMENDATION
No action is required.

DISCUSSION
This is a monthly departmental staff report covering a month’s worth of activities to share. Due to massive conflicts in time, staff has been running from issue to issue. This is a catch-up version.

Administration Update
April was all about getting staff ready to start building their budgets. We spent time going over the newly developed City Budget Development SharePoint site. This also turned into a "Tips and Tricks" session on Microsoft 365.

I have been meeting with and having regular calls with CalOES and FEMA regarding Winter Storm 2022 and Winter Storm 2023. This includes having staff do walk-throughs for site reviews of all claimed damages. In addition, the staff is required to make insurance claims (even with no coverage) to prove no coverage for FEMA to build the application dollar amounts for damages.

We met with the Bank of Stockton to further the conversation on maximizing interest income on our pooled assets that are required for immediate cash flow.

I met with the new County CEO, Teresa Hitchcock. She has extensive knowledge of economic development, annexations, and LAFCO, and it was one of the first times I have had a conversation with a County CAO/CEO that had experience in what I was talking about. I am very excited about the opportunities that the City and County can work together on with her leadership.

We continue to have the All Hazards discussions, wading through old codes that are in conflict, don't exist, or are outdated.

I had the CVB meeting to discuss the marketing and scheduling for CVB discussions at the Board of Supervisors and the City Council. The CVB is a phenomenal economic driver for the City and County. It is important that the City continue to support them as we have been for many years.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 CCWD has had continued issues with a tie-in for their Six-Mile sewer line. The City receives sewer from them via a sewer line along Vallecito Road and treats it. We have an agreement for this. However, it has failed several times.

Staff and I met with CCWD staff and their Director to contemplate moving the line to an area that would be better suited to mitigate future failures.

We met with GHC LLD to discuss their budget along with the Engineer in advance of preparing the Engineer's Report.

The City will be moving forward with Constant Contact as an outreach option. Staff have been training on it and will soon be deploying it. This can be used for all types of outreach and will offer residents and the community as a whole the ability to opt-in for specific topics they want to follow.

We met with John Benoit to discuss several annexation requests the City has received. Before everyone gets too excited. It is a long road and a lot of study and contemplation. I am working with staff to develop an Annexation Policy for Council to approve and will address some funding in the 2023/24 budget.

Budget meetings for the entire last week of April. We are working on "how to do more with less" and "investments in success" along with "aligning with our strategic plan". They were all great discussions and gave us a lot to consider on how to move forward. Finally, I spent more time going through the GHG Reduction plan. This plan will have a draft soon to bring forward to Council, hopefully, this fall.

May is budget, budget, and more budget.

We met with Mr. Rolleri to discuss the impacts on the ranch for the Water Treatment Plan project. It was a positive discussion and we will continue to work through his concerns and suggestions as part of the project which will start later this year.

We had an onsite meeting with the Utica Park Contractor. Between staff, engineers, the contractor, and planning a lot of ideas on layout versus cost occurred and we have a good concept for the contractor to work from. The trees and debris in the existing park are down and gone. In the arborist report, there is still tree limbing that is needed.

That will be another project and will be done by experienced tree contractors. To avoid any tree injury, they will soft climb (no spikes) to limb. Staff will be taking pictures so that we can update our project page. It will certainly be a sight!
We met with CSJVRMA (Insurance Pool) to discuss what they offer, what is working for us, and what is not working for us. We identified that there are a lot of resources included that the City has never taken advantage of.

Training, safety incentives, and services for employees and staff, some of which we are paying other consultants or spending time ourselves doing can all be done using CSJMRMA. We are very excited to lay out a better plan with those resources and I believe our conversation will even lead to a change in their small claims handling that will be rolled out to all agencies.

After reviewing our current leases for copiers and mail equipment, I have worked with a local vendor to work with us to consolidate them into one lease, buy out the existing ones, get better equipment, and save money! It will include training and materials, and we will even get a folder inserter that will save me hundreds of hours of staff time every year.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 We are continuing on the All Hazards train. As we go through them, we find more that needs to be updated and conflicted. All good things.

I had a TAC meeting and an executive meeting with CCOG. I continue to have a really positive relationship with the CCOG, discussing various planning grant needs that the City has in addition to grants that will help us work through existing projects and plan implementations.

More FEMA and CALOES fun. To put the amount of time we will spend on Public Assistance grants and projects, the City is still working on the COVID-19 Public Assistance grant and it will continue for another 1-3 years to get it closed out.

I have continued conversations on the GHG plan. The County is a little bit behind the City. I am working with the County CEO to bring them out at the same time, given there are coordination and collaboration projects within each.
iWorQ is ALMOST ready for Go-Live! This will allow applicants to go online to submit or renew business licenses, submit for a permit, and get updates on existing licenses and permits. Additionally, Code Compliance issues will be able to be online and we will have a formal system in place from the initial complaint, the administrative process, to the closing of the case. Very exciting. The next phase will be for Public Works/ Water/ Wastewater work orders, asset management that includes signs, roads, water, and wastewater infrastructure.

Hop N' Shop update: The City contributed $50,000 across two rounds of this shop local program. To date, $76,510 worth of cards have been sent and $64,350 has been redeemed. There is still $14,495 available for bonus cards.

That is an additional 290 $50 bonus cards. We are seeing anywhere from 5-10 cards purchased per week. the $100 bonuses sold out in a matter of 4 days where the $50 bonuses are sold at a much slower rate. However, businesses have recognized a benefit of having this program by increasing sales.

Fire Update
4/2023 79 total responses 44 Code 3-EMS/Rescue 24 Code 3-other 11 Code 2-Service Preparing for weed abatement program. Eval. Problem areas of City Preparing for Wildland Fire Season. Working on Budget and possible response model change. Meetings Multiple w City Hall Staff and City Admin. Fire Staff County Staff Chief Assoc. County Fire Chiefs Operations Committee County OES ECC Carson Hill Mine Co. All Hazards Planning Fire Station Grant Calaveras Emergency Preparedness Grant Steering Training Wildland Hazmat IC BHHS fire Ext. PR Pre-School station visit Multiple plan reviews MACT, Solor, other Business Lic inspect May 2023 86 responses 48 Code 3 EMS Rescue 26 Code 3 other 9 Service Calls 3 Hazardous Conditions Major projects this month: Budget and Fire Response Model Weed abatement Wildland season Prep. Note: Cody Roessler will be leaving to CalFire 1st week of June. Assisted EPPFD w Captain Interviews. 2 days. Meetings:

Multiple w City Admin. Fire Staff Chiefs Assoc County Chiefs Operations Ordinance OES ECC Hosted training at Fire Station. Hazmat IC Fire Command classes RT 130 MARS training. Plan Reviews Business Lic Inspect Preparing Docs for mandatory OSFM reporting re: inspections Police Update

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 May 2023 • 446 CFS and Officer Initiated Activities Arrest Breakdown: • Misd 12500(a) VC • Fel 29800(a)(1) PC (Weapons Possession) • Misd 14601.2(a) VC (Suspended CDL) • Misd 602(o)(1) PC (Tresspass) • (2) Out of County Fel Warrants, (1) Out of County Misd Warrant Stuff worth noting: • New officer started work. Got new officer work accounts set up and working • Monthly AED check- Public Health • Chief attended fair planning meetings • Chief Attended Below 100 Training • Sgt. Savage attended CAPTO meeting (Officer Training) • BRIC plan meeting • Coneth here to work on computers- multiple days • CCP meeting (Community Corrections Partnership) • New air conditioning install • New officer psych/medical • Card- Payroc (Credit Card Payment) • Returned firearms to owner from property/evid room • Returned property to owners from property/evid room • (10) more firearms processed for destruction in property/evid room • Fair – parade, extra patrols, traffic, etc • Worked with Axon for quotes (Tasers, Body Cam and Fleet) • Worked with Crimestar, Coneth, and DOJ to get CIBRS data uploaded to DOJ (still not working. Will continue to work with Crimestar, Coneth, and DOJ) • Worked with DOJ and Coneth to get CLETS app approved • Worked with Signal Service- Cameras at PD • Meeting at Greenhorn Creek (Neighborhood Watch) • (23) reports routed to other agencies for review • (2) requests for reports from DA’s Office • (14) requests for reports/PRA from the public • (3) 180s (Vehicle Tows) • (19) background check requests (Outside Agency Requestst) • (18) citations processed and entered in Crimestar • (30) parking citation notices sent (Calaveras Parking Enforcement • (6) CCW renews/initials • (1) 290PC registration • Cindy worked through old paperwork and got it all filed with old reports • Picked up new Chevrolet Silverado patrol truck * Fair was a success with minimal issues related to the fair other than the normal traffic flow problems * PD Fair BBQ was well attended. * Sheriff Dibosillio, DA Yook, and Chief attended a Republican Party community meeting at Greenhorn Creek Engineering Update
Sign replacement RFP is complete. The issue is getting the Department of Transportation to approve engineering task orders associated with the grant funding. They are fine with construction. Staff are working through the necessary documents for approval. In the meantime, the plan is to issue the RFP and work from the budgeted general task order until approval with DOT occurs.

Worked with staff to identify mitigation issues to submit for FEMA/CalOES projects. This includes flood control, roads, wastewater, and water infrastructure.

Met with Blackwater and property owners to discuss the water treatment plant and impact to the property. We continue to identify some corrections based on additional onsite visits with City staff and field trips to other districts. Looking to ensure that the project creates efficiencies and not also create new headaches.

Public Works Update
April: Water Distribution: Meter reading, 27 water rereads, 20 door hanger for non payment, 7 water shutoffs, 1 meter relocation on S. Summit, hydrant flushing, 4 water service leaks. Sewer: Cleaned lift station wet wells, pumped inverted siphon on Finnegan, sewer lateral repair on Main st., pump repairs at Greenhorn lift station 1.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Parks and Roads: Worked with Cal Fire on weed eating and brush removal on Vallecito Rd., Greenhorn Creek Dr., and City Hall/ PD. Tree trimming downtown was completed, weed spraying around City Facilities, mowing and weed eating City Hall/PD, Old School, Tryon Park, Clifton Island, and along road within the City. Staff also removed graffiti in multiple locations. Staff responded to 21 service requests, 4 work orders and worked with F.E.M.A on storm damages.

May: Water Distribution: Monthly meter reading, meter rereads, 20 shut off warnings, 7 water shut offs, meter downsizing for P.D., pressure reducing val maintenance and 4 water service leak repairs. Sewer: Lift station maintenance, pumped inverted siphon twice, and 2 lift station pump repairs. Parks and Roads: Set up and took down traffic control signs for the kids parade, set up and took down clotheslines, put up flags and veterans banner, removed wood from walnut tree in Utica Park, installed 2 signs for Utica Park project, moved fencing and cleaned up park for Junior Frog Jump, cleaned and weeded medians, mowed and weed eating at Utica Park Gateway Park, Tryon Park, Clifton Island. Other: Public Works is currently down 2 employees, we will have one position filled by the end of the month. Staff continues to work with F.E.M.A. on damage inspections.

Water/Wastewater Update
April: Water Treatment: Daily operations and maintenance continue as normal. Staff completed weed control including pre-emergent spraying. Staff completed all monthly calibrations and alarm tests. Staff also replaced one of the chlorine injection pumps. Wastewater Treatment: Daily operation and maintenance continue as normal. Staff repaired one sludge pump, diagnosed three motor operated valve issues (waiting on parts to repair), repaired the polymer pump system on the belt filter press. Spray Fields: Staff has repaired 50 plus sprinklers in preparation for heavy spraying over the next few months. Repairs were made to the soft start for one of the transfer pumps at the lower pump house, and all pump maintenance has bee completed. Other: The annual volumetric report has been completed.

May: Water: Daily operations and maintenance continue as normal. Staff completed both monthly calibrations and quarterly calibrations. No major repairs needed to be done. Wastewater: Daily operations and maintenance continue as normal. Staff rebuilt the gear box on a failed 10 inch valve for S.B.R. #3, repaired the UV transmittance monitor, rebuilt the air system on the UV wiper system, and shut down stream discharge for the year. Spray Fields:

Staff continue with sprinkler repairs, staff found a S.C.A.D.A. issue and repaired it. Fire breaks have been completed. Repairs to the washed out road that exposed the 10 inch forced main have been completed. Other:

Treatment is currently down 2 operators, we will fill an OIT position by the end of the month. Staff continues to work with F.E.M.A. on damage inspections.

Building Update
Working on All-Hazards. Continuing to work on the GHG plan with CCOG consultants and the City Administrator. We are close to getting a draft to bring forward to City Council. Several requests regarding annexation have come forward. The City Administrator has given me draft Annexation Policies to create our own to bring forward for approval. The City does not currently have this in place.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Working with the Utica Contractor and staff on the park project. Worked through the purchases of properties in the City for trail and additional parking. Working on iWorQ for permitting and land use designations.

Working on Banner Pole Sign with engineering to get a plan to build. This would be in place of the overthe-highway banners and would run along Utica Park.

Discussions with engineering on a plan for the Foundry Lane extension. This should be contemplated in the 2023/24 budget.

Continuing to work through temporary use conditions that were removed from the Code when the General Plan was approved. Under the new zoning, not all will be necessary, but we will need to add some back to ensure we aren’t overly restrictive in permissible uses.

Finance Update
During April Accounting continued to work in both Springbrook and Cirrus to use updated features in the accounting system. We worked on updating policies and procedures for purchasing so that we can implement the new electronic requisition system in Springbrook. Budget meetings began when Rebecca and Michelle met with each department head to talk about next year. Some good information came out of these meetings where accounting was able to dive into costs for water or power to see how we can reduce costs in the upcoming year.

Billings this month went out to CDBG Firehouse, CalOES, and reporting for the Winter Storms. Rebecca and Michelle met with the Bank of Stockton to discuss investing and to reassure the City of the sound practices for the bank and that they are not going anywhere.

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