Ordinance Amending Various Chapters of Title 17 Zoning. community facilities, electrical charging facilities, and other uses as may be determined by the City Planner; and
C. Home occupation permits by administrative subject to approval per Section 17.50.160 – Home Occupation Permits, subject to the conditions contained in subsection
17.08.020.D.
17.14.025 Other Uses—Permitted.
A. Other uses may be permitted as authorized by the Arvin Municipal Code where equal to, or greater, land area is provided to replace and/or meet a residential development of twentyone (21) units per acre concurrent to or prior to development of the other use.
B. Other uses permitted subject to administrative permit, site development permit and/or conditional use permit, subject to this Subsection, shall mean:
a. Uses designated in Section 17.05 (Uses Permitted Subject to Administrative Approval);080.
b. Uses designated in Section 17.56.030 (Conditional Use Permits – Permitted Uses – any zone) and 17.56.040 (Conditional Use Permits – Permitted Uses – specific zone);
c. b. Residential care facilities with seven (7) or more persons will be allowed with administrative approval (conditional use).
d. c. Group dwellings; multiple-family dwellings and apartment houses; churches, schools, elementary, or high; day nurseries; nursery schools; boardinghouses and rooming-houses; institutions of educational, philanthropic or eleemosynary nature; lodge halls; and private clubs, except clubs the chief activity of which is a service customarily carried on as a business.;
B. Residential development over twenty-one (21) units per acre shall require a conditional use permit or planned unit development overlay zone and shall meet other Federal, State and Municipal Code requirements.
17.14.030 Height limitation.
The maximum height for buildings in an R-4 zone shall be five (5) four (4) stories and not to exceed fifty (50) forty-five (45) feet. 17.14.040 Front yard requirements.
A. In the R-4 zone, there shall be a front yard of not less than ten (10) feet. Where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building erected or structurally altered after March 8, 1965, shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than twenty-five (25) feet from the front property line or buildings facing a side street on a corner lot shall not be counted.
B. In the R-4 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning. from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required. 17.14.050 Side yard requirements.
In the R-4 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.
17.14.060 Rear yard requirements.
In the R-4 zone, there shall be a rear yard behind every main building of not less than fifteen (15) feet; provided, however, the rear yard may be reduced to five (5) feet if not more than sixty percent (60%) of the lot is covered by buildings or structures.
17.14.070 Area requirements Lot coverage requirements.
In the R-4 zone no more than seventy percent (70%) of any lot shall be covered by buildings or structures.
In the R-4 zone, the minimum lot area shall be six thousand (6,000) square feet. The minimum lot area per dwelling unit shall be two thousand (2,000) square feet; provided, however, that when a lot has less area than required by this section and was recorded on March 8, 1965, such lot may be occupied by not more than one (1) dwelling unit for each two thousand (2,000) square feet.
Development shall not exceed the land use density as established in the general plan land use element and/or other uses permitted by State Law, i.e such as density bonuses or residential development.
17.10.080 Lot size requirements.
In the R-4 zone the minimum lot size shall be 6,000 square feet.
B. Existing lots that do not meet the minimum lot size requirements shall be allowed to develop permitted residential uses subject to density requirements.
17.14.090 Required distance between buildings on same lot.
A. In the R-4 zone, there shall be a minimum distance of ten (10) feet between buildings used for dwelling purposes.
B. In the R-4 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.
C. In the R-4 zone, there shall be a minimum distance of five (5) feet between accessory buildings.
17.14.110 Environmental Justice Site Evaluation Process C. Objectives:
1. The purpose of this section is to establish a process for reviewing rezone applications that propose to create new R-4 zoned property and ensure that new multiple family residential uses are not overly burdened by environmental and health hazards. The requirements outlined below do not preclude any other
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning. regulations to mitigate hazards on new and existing development as contained in this ordinance.
D. Location Requirements
1. Proposed rezones to the R-4 zone district shall be subject to additional review and analysis to ensure that the location of multiple family residential developments meet the objectives of this ordinance on the following sites:
f. Properties with existing or abandoned oil wells.
g. Properties within 300 feet of an existing heavy industrial use or properties planned or zoned for heavy industrial uses.
h. Properties within 1,000 feet of hazardous industrial facilities as defined by the California Air Resources Board.
i. Properties adjacent to Principal Arterials as designated in the Circulation Element of the General Plan, unless sufficient noise mitigation and other air quality related buffers are provided for proposed projects on these properties or, the habitable space is at least 30-feet from the closest travel lane. These required development standards shall be implemented through a covenant that runs with the land at the time of approval of the rezone application.
j. Properties located more than one mile from essential services including jobs, transit, shopping, schools, healthcare facilities, and other needed facilities (existing or planned non-residential uses).”
6. AMEND CHAPTER 17.60 SITE DEVELOPMENT PERMITS AS FOLLOWS:
CHAPTER 17.60 SITE DEVELOPMENT PERMITS
Sections:
17.60.010 Intent and purpose—Affected zones.
A. To ensure insure that certain types of proposed developments will serve to achieve a group of facilities which will be well related one to another, and which, taken together, will result in a well-composed design, and to meet the city ordinances, site development permits shall be required for the development or expansion of the following:
1. Mobile home parks, travel trailer parks, airports and commercial, industrial, public, and quasi-public building complexes. Multi-family residential development within the R-2, R-3, and R-4 Zone District(s) that are not in compliance with Chapter 17.72 Multiple Family Residential Design Review;
2. Use of any commercial or industrial structure vacant for more than ninety (90) days. For structures subject to Chapter 17.68 (Commercial - Bear Mountain Central Business District Standards), existing structures vacant for more than sixty (60) days, except that if unusual hardship is shown the City Planner planning director may extend that time by up to an additional one hundred and eighty (180) days;
3. Change of use from an existing use to a heretofore new use at that location;
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Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning.
4. New development, not listed under Chapter 17.05 Uses Permitted Subject to Administrative Approval; or
5. Expansion of existing structures, not listed under Chapter 17.05 Uses Permitted Subject to Administrative Approval.
B. A site development permit shall be secured prior to the issuance of a building permit for any of the items listed in 1, 2, 3, 4, and 5, above. 17.60.020 Application—Filing and fee.
The owner or his agent may make application for a site development permit. Such application shall be submitted to the planning division department in writing on a form prescribed by the city planner, and shall be accompanied by the required fee and such plans as required in Section
17.60.030.
17.60.030 Application—Information required.
The applicant shall submit three (3) prints of the site plan and three (3) flash drives. The site plan shall contain plot plans and elevations drawn to scale, and shall indicate clearly and with full dimensions the following information, where applicable:
A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B. Location of property involved (address or vicinity); C. Legal description of property;
D. Proposed facility or use;
E. The lot dimensions;
F. All buildings and structures and their location, size, height, and proposed uses; G. Location and design of recreation areas;
H. Yards and spaces between buildings;
I. Walls and fences and their location, height, and materials; J. Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees;
K. Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system;
L. Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions;
M. Signs and their location, size and height;
N. Loading, including the location, dimensions, number of berths, internal circulation, and means of accessibility to structure or use served;
O. Lighting, including the location, general nature and hooding devices, if any; P. Street dedication and improvements;
Q. Location of utilities and trash collection areas;
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Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning.
R. An appropriate description legend and North point;
S. Such other data or information as may be required by the city.
17.60.040 Application—Criteria for review.
A. Site development permits may be granted by the city planner community development director, the planning commission or the city council. Within forty-five (45) days of the receipt of any application for a site development permit, the city planner planning director shall review the application and render a decision to approve, conditionally approve, or deny the application. In reviewing any such application, the following should be considered:
1. Compliance with all applicable laws and ordinances;
2. Compliance with all applicable city policies duly adopted by a majority vote of the planning commission or the city council; and
3. Conformance to latest accepted planning and engineering standards covering the following area: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.
B. Before approving or conditionally approving any such application, the city planner planning director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood.
C. Level of review: The site development permit is subject to review by the council, commission or city planner planning director as follows:
1. City planner Planning director - Review of the following projects that do not otherwise require commission review:
a. Remodeling of interior and/or exterior of existing buildings; b. Change of use of existing buildings where no site improvements are required; c. Mobile home parks, travel trailer parks, airports and building complexes encompassing less than one (1) acre;
d. Existing structures vacant for more than ninety (90) days. For structures subject to Chapter 17.68 (Commercial - Bear Mountain Central Business District Standards), existing structures vacant for more than sixty (60) days, as may be extended for unusual hardship by the city planner planning director pursuant to 17.60.010; e. New structures less than one thousand (1,000) square feet; f. Expansion of existing structures of less than fifty (50) percent and limited site improvements are required;
g. Multi-family residential development within the R-3 Zone district with a minimum development of, and not to exceed, sixteen (16) units per acre; or h. Multi-family residential development within the R-4 Zone district with a minimum of, and not to exceed, twenty-one (21) units per acre.
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning.
2. Planning commission - Review of the following projects:
a. New development of one thousand and one (1,001) square feet or more; b. Expansion of existing structures by more than fifty (50) percent; c. Change of use of existing structures where site improvements are required; d. Mobile home parks, travel trailer parks, airports and building complexes encompassing more than one (1) acre;
e. All other development requiring a site development permit not listed in Subsection C.1, above.
3. The city planner planning director may refer review of a site development permit to the commission, or the commission may refer review of a site development permit to the council, for review and action. Such referrals may be at the discretion of the referring body or person.
4. Site development improvements are required consistent with Chapter 17.70.
17.60.045 Public hearing notice and process – Site Development Permits.
A. Public Hearing Notices shall be provided in accordance with Section 17.54.100 Hearing – Notice, Subsection 2 (a), (c), (d) (e) and (f) and Subsection 4.
B. City Planner level of review shall comply with the public hearing notice and process and upon conclusion of the hearing process shall prepare a Resolution stating the compliance with the noticing process, date and time of hearing, identification of any correspondence either for or in opposition of the project, shall enumerate the findings of approval, list of conditions, etc. The resolution shall be filled with the City Clerk.
17.60.050 Appeals.
If the applicant or any aggrieved party is dissatisfied with the decision of the planning director, the applicant or any aggrieved party may appeal the decision in accordance with the procedures outlined in this chapter for the appeal of decisions on use permits.
17.60.060 Attachment of conditions.
In granting a site development permit, the City Planner planning director, planning commission or city council shall attach whatever conditions are reasonable and necessary to fulfill the intent and purposes of this chapter. Such conditions and the application as approved shall be a part of such site development permit, and all changes in the use of appearance of land or buildings permitted by such permit shall be in accordance with the specified conditions and application as approved. Issuance of a site development permit may be made subject to guarantees and evidence that attached conditions are being or will be complied with.
17.60.070 Expiration.
If the change in the use of land or buildings for which a site development permit is granted is not begun within one (1) year of the date of final approval of the permit application, such site development permit shall be deemed to be expired and of no further effect. Time extensions may
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning. be granted by the City Planner, upon receipt of written request for time extension. Such written requests shall be accompanied by justification for such time extension by the applicant and upon payment of established fees. Time extension(s)s may be granted as necessary. Thereafter, before such a change in the use of land or buildings may be carried out, a new site development permit shall first be secured. 17.60.080 Fees.
The applicant shall pay a nonrefundable fee, as set by resolution of the city council, but in no event more than the actual cost of the plan review shall be paid at the time of application for a site development permit.
7. ADD CHAPTER 17.72 MULTIPLE FAMILY RESIDENTIAL DESIGN REVIEW AS FOLLOWS:
CHAPTER 17.72 MULTIPLE FAMILY RESIDENTIAL DESIGN REVIEW Sections:
17.72.010 Applicability.
The regulations set forth in this chapter shall apply to multiple family residential development, the residential component of mixed-use residential development projects, and projects meeting Senate Bill 35 (SB35) eligibility requirements. Multiple family residential development is defined as a building or portion thereof used or design as a residence for two (2) or more families living independently of each other and doing their own cooking in the building, including apartment houses, duplexes, garden apartments, senior housing developments, condominiums, and may be multi-story buildings, but not including motels or boarding houses.
17.72.020 Purpose of provisions.
Multiple family residential development that meets the objective multiple family residential development standards specified herein Section 17.72 Multiple Family Residential Design Review shall be reviewed as provided for in Chapter 17.055 Uses Permitted Subject To Multiple Family Residential Design Review. All other multiple family residential development that does not meet the objective multiple family residential development standards specified herein shall be reviewed as set forth in Sections 17.10 (R-2 – Two Family), 17.12 (R-3 – Limited Multiple Family), and
17.14 (R-4 - Multiple Family Zone Districts) and obtain the required site development permit and administrative approval set forth by this code.
17.72.030 Multiple Family Review Objective Development and Design Standards.
A. Building Setbacks, Height, Lot Coverage, and Separation
1. Building setbacks shall be provided pursuant to the Zoning Ordinance for the underlying zone district.
2. Building height and lot coverage shall be provided pursuant to the Zoning Ordinance for the underlying zone district and floor area ratio as established by the General Plan.
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning.
3. Building separation(s) shall be as established pursuant to the Zoning Ordinance for the underlying zone district or as provided by any applicable California Building Code.
B. Materials
1. Roof Articulation and Materials
a. Vertical articulation for roof lines shall be provided at a minimum of every fifty (50)-feet along the street frontage with one of the following:
i. Varying roof pitch or form with a minimum roof slope of 4/12”. ii. Varying roof heights.
iii. Including roof architectural features such as cornices, parapets, and gables.
2. Façade Colors and Materials
a. Exteriors elevations shall utilize durable materials. Permitted cladding materials include:
i. Stucco
ii. Concrete siding
iii. Rock and metal
iv. Wood/wood siding
v. Composite Siding
vi. Fire board is prohibited.
b. Exteriors colors shall utilize no less than three (3) and not more than six (6) colors on front/street facing elevations.
c. Building facades shall incorporate a minimum of three (3) architectural elements from the list below to be incorporated into the exterior façade design:
i. A landscaped parkway strip of no less than four (4) feet in width in the public right of way
ii. Decorative wrought iron and pilasters around the perimeter for gated projects
iii. Stone or brick cladding or veneer on no less than twenty (20) percent of street facing facades
iv. Decorative eave treatments
v. Shutters, lintels, sills, awnings, decorative trim or similar architectural treatments on front street-facing windows and doors
vi. Enhanced paving for driveway entries from the property line to the first fifteen (15) feet of driveway. Enhanced paving can include stamped concrete, colored concrete, textured concrete, pavers or other permeable paving treatments.
3. Windows and Fenestration
a. Windows, entries, doorways, habitable balconies/patios shall make up a minimum of thirty (30) percent of all street facing facades. b. Windows shall be recessed from the primary façade or be trimmed, framed, or otherwise treated for visual appeal.
4. Doors
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning. a. Plain, slab doors are prohibited. All entryway doors shall have architectural elements.
C. Vehicular Circulation and Parking
1. Vehicular circulation shall comply with any applicable adopted standards.
2. Pedestrian circulation shall comply with any applicable adopted standards.
3. Parking shall be provided pursuant to the Zoning Ordinance for multiple family uses (Section 17.48.020 – Minimum number of parking spaces) unless reduced or otherwise exempted by State law.
4. Driveways and Site Access shall comply with any applicable adopted standards.
D. Garage/Carport Design and Location
1. Any proposed garages or carports shall be architecturally integrated and complimentary of the primary building, utilizing the same colors and materials.
E. Open Space and Amenities
1. Any proposed project shall provide open space in the form of public or private open space, or a combination of private and public open space.
2. Open space shall be provided at an area of not less than one hundred fifty (150) square feet per unit.
3. Required open space can be a combination of the following:
a. Amenities accessible to all residents/tenants (community pools, childcare center, on site landscaped areas, dog/kid parks, picnic areas, outdoor sport courts, or other amenities as approved by the City Planner. b. Required landscaped setbacks and indoor community/recreation centers are permitted to count toward the open space requirement.
c. Private patios or balconies.
d. Patios and balconies must have a minimum usable area of seventy-five (75) square feet to be counted toward the open space requirement.
F. Landscaping
1. Landscape Standards. The following standards apply:
a. A minimum of ten (10) percent of the developed area shall be landscaped. b. Along any interior property line abutting residentially zoned lots, trees shall be planted at least every thirty (30) feet in individual planters. The planters shall be sufficiently large and protected so that a parked car does not extend into the minimum four (4) foot by four (4) foot (4' × 4') tree planting area which shall be landscaped with ground cover, shrubs, and climbing plants. c. Planters or landscaped areas: All off-street parking areas shall have perimeter landscaping, planters, and landscaped areas for every sixth parking space to reduce heat islands. Plant types should be selected to suit the climatic zone and of a variety that is least polluting to the environment. All plans shall be submitted to the department of planning and building for review and approval. d. Within each planter or landscaped area, automatic irrigation system and live landscaping shall be provided and maintained. Water and energy savings features shall be incorporated in all irrigation design. e. Required planter or landscaped areas may be combined with pedestrian walks
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning. and similar hard surface areas; provided, that such hard surface area does not cover more than ten (10) percent of any required planter or landscaped area.
Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shall be considered hard surface areas for the purposes of this provision.
f. Street trees are required for any project, use, or development adjacent to designated streets.
g. Landscaping materials and trees installed in planters or landscaped areas shall be selected from a list of approved plants maintained by the department of planning and building.
G. Lighting
1. Lighting shall be provided and designed pursuant to Chapter 17.70.010 Site Development Standards.
H. Solid Waste/Trash Enclosures
1. Enclosure requirement
a. All proposed and required trash enclosures shall be built in accordance with City Standards.
b. All proposed and required trash enclosures shall be architecturally integrated and complimentary of the primary building, utilizing the same colors and materials.
2. Location
a. Trash enclosures shall not be located in any required setbacks or open space. b. Trash enclosures shall be located as close as possible to the units they are intended to serve, up to 500 feet.
i. The number of trash enclosures shall be determined by amount of waste generated per unit as estimated by the solid waste provider outlined in any required state or local policy or regulation.
3. Trash enclosure access
a. Vehicular access
i. All trash enclosures shall have a vehicular access gate and drive apron that conforms with the solid waste providers requirements. b. Pedestrian access
i. All trash enclosures shall have a pedestrian entrance.
I. Sewer, Water and Stormwater
1. Sewer, Water and Stormwater will be required to serve the project in compliance with all applicable adopted standards.
2. A will serve letter shall be required from Arvin Community Services District prior to project approval.
J. Dedications and Street Improvements
1. All development shall provide the required right of way on adjacent streets necessary to conform to current polices, documents, and the General Plan.
2. All development shall construct the street improvements in accordance with Engineering Standards.
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning.
K. Grading, Utilities, and Offsite Construction
1. Grading is required to comply with all applicable adopted standards.
2. All new on-site utility services shall be placed underground to applicable adopted standards.
3. Offsite construction shall comply with all required construction mitigation and applicable provisions of this Code.
L. Public Safety
1. All development shall comply with the adopted standards of the City of Arvin and Kern County Fire Department including all applicable provisions of the California Fire Code and Uniform Building Codes.
M. Floodplain Management
1. All development shall comply with Chapter 15.32 Floodplain Management to reduce flood losses as applicable.
N. Miscellaneous
1. All development shall comply with the City Standards and Details when applicable.
2. Addressing of complex shall include a lighted and weatherproof directory displaying the site layout of the complex, main buildings shall have a minimum of twelve (12) inch lettering that is in contrast to the background (objective to have the addressing visible from the streets and/or driveways) which identifies the building number and each dwelling unit shall have a minimum of six (6) inch letter at the main entrance to the unit.
3. That the proposed use shall create, join and/or participate in the formation of community facilities district(s), lighting and landscape maintenance district(s), or other mechanisms to off-set current and future long-term maintenance of physical improvements to all necessary facilities such as road improvements, storm drainage facilities, sewer facilities, fire protection, police services and facilities, administrative services and facilities.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
/ / /
/ / /
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
Ordinance Amending Various Chapters of Title 17 Zoning.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 11th day of July 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 25th day of July 2023, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, _________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.C.2
Attachment: 2 Ord Amending Various Chapters of Title 17 Zoning_072523 (Public Hearing: 2nd Reading - Ordinance Amending Various
CITY OF ARVIN
Staff Report
Meeting Date: July 25, 2023
TO: Arvin City Council
FROM: Megan Miller, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Approval of Transportation Manager Employment Agreement BACKGROUND:
The City of Arvin Transportation Department has been operating with very few incidents under the sole direction of the Transit Manager. Additionally, Hesham Elshazly, Transportation Manager, has received over a decade of flawless inspections by several regulatory agencies. The city received the award for additional electric buses; thus, the fleet inventory and maintenance oversight need rise respectively.
The Transit Department completes 100 routes resulting in 18,800 miles per month. This department’s performance is crucial to meet the needs of the City of Arvin residents to provide transportation to their personal, professional, and educational obligations. The ridership for the city has increased in excess of 90% in the current fiscal year. With the increase in fuel prices, proposed growth in the Tejon service area and addition of the Bakersfield College satellite campus, we anticipate continued and consistent ridership growth.
STAFF RECOMMENDATION:
The recommendation to approve the Transportation Manager employment agreement.
FINANCIAL IMPACT:
Minimal impact to general fund as alternative funding sources are available.
ATTACHMENTS:
Transportation Manager Employment Agreement
6.A.1
Attachment: Transportation Mgr Staff Report (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
AGREEMENT NO. 2023-__
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the 25th day of July 2023, by and between the City of Arvin (“City”), a California municipal corporation, and Hesham Elshazly (“Employee”). City and Employee are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, Employee has demonstrated the knowledge, skills, and abilities to serve as the City’s Transportation Manager under the criteria established by the City; and WHEREAS, this Employment Agreement (“Agreement”) is made and entered into by and between the City and Employee in order to secure the services of Employee as Transportation Manager; and
WHEREAS, the position of Transportation Manager is an “at will” position, not subject to the City’s personnel rules; and
WHEREAS, it is in the City’s best interest at this time to pursue employment of Employee as Transportation Manager in accordance with the applicable provisions of the City’s Municipal Code and as otherwise provided by law. Employee wishes to accept employment as Transportation Manager and is willing to do so under the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the Parties mutually agree as follows:
AGREEMENT
1. INCORPORATION. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. HIRE. City acknowledges Employee has served as the Transportation Manager of the City of Arvin since June 3, 2013. By way of this Agreement City and Employee seek to formalize such employment, effective July 25, 2023 (“Effective Date”) pursuant to the terms and conditions of this Agreement. Employee shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.
3. “AT-WILL” EMPLOYMENT. Employee acknowledges he is employed at the pleasure of the City Manager and is thus an at-will employee. The terms of the City’s personnel rules, policies, procedures, ordinances, or resolutions (collectively “Personnel Policies”) shall not apply to Employee unless made expressly applicable to Employee. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate his employment, including any so-called due process pre-disciplinary “Skelly” meeting, except that the City must terminate Employee in the manner set forth in Section 7 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 7 of this Agreement.
4. DUTIES. TRANSPORTATION MANAGER. Employee accepts employment with the City as its Transit Manager and agrees to perform all functions, duties and services set forth the job description for the Transit Manager position attached hereto as Exhibit “A,” and those duties that are otherwise legally permissible and proper as required by law and as the City Manager shall assign from time to time.
Employee shall devote his full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize his best efforts to promote City’s interests.
Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise (together “Outside Employment”), which is actually or potentially in conflict with or inimical to, or which materially interferes with, his duties and responsibilities to the City. Additionally, Employee shall not undertake any Outside Employment except with the consent of the City Manager.
5. TERM. Except as hereinafter described, the term of this Agreement shall be for two years commencing on the Effective Date.
6. SALARY AND BENEFITS. Employee’ salary and other benefits for all work or services called for under this Agreement shall be as follows:
A. Salary. Commencing on the Effective Date, Employee’s annual salary shall be in the amount of $93,000.00 which shall be paid according to the payroll schedule in place for all City Employees.
The compensation set forth in this section shall be Employee’s total compensation under this Agreement, and Employee shall not be eligible for any other benefits or compensation not specifically provided for in this Agreement.
The position of Transportation Manager is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked.
B. Paid Time Off (“PTO”). Employee shall accrue 4.62 hours of vacation leave per pay period during the term of this Agreement, resulting in 120 hours per year. Employee shall be entitled to accrue vacation leave up to one and one half (1½) times the total annual accrual level, not to exceed one hundred eighty (180) hours accrued vacation.
Should Employee reach the accrual limit, accrual will cease until such time as the
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Employee's accrued number of hours falls below the limit; Employee shall accrue
3.6923 hours of sick leave per pay period during the term of this Agreement, resulting in 96 hours per year. Sick leave can be carried forward and accrued.
Employee shall be entitled to 18 hours of personal business days at the beginning of every fiscal year. If these personal business hours are not utilized by the end of the given fiscal year, they will not be carried forward to the next fiscal year and will be forfeited.
Employee shall be allowed to cash out PTO provided that Employee maintains a minimum of 40 hours of PTO.
C. Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and other time off as provided to other managers at the City.
D. Employee Benefits. 100% of the employee benefit coverage is paid by the city. If Employee elect to add dependents, Employee’s maximum out of pocket expense shall be $150.00 per month. Employee may select between two Platinum level plans with the benefit provider.
E. Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $50,000.00. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee.
F. Cell Phone Allowance. City shall provide Employee with cell phone allowance of $150.00 per month.
G. Public Employees’ Retirement System (Pers) And Social Security. Employee shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits.
CalPERS 2% at 62, Employee is a PEPRA member. City and Employee shall each bear their own member/employee or employer contributions during the term of this Agreement. City and Employee shall each pay one half of the payments due to Social Security and Medicare during the term of this Agreement.
H. Changes in Benefits. Employee acknowledges that the City Council may from time to time revise the Non-Represented Salary Resolution, which may change the level of compensation (exclusive of Employee’s base salary) or benefits provided to Employee.
In such event, amendment of this Agreement shall not be required, and Employee shall be provided benefits according to the Non-Represented Salary Resolution then in effect. Furthermore, revision to the Non-Represented Salary Resolution such that it changes the benefits provided in this Section 6 shall not be deemed a breach of this Agreement.
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
7. TERMINATION. Upon appointment to the Transportation Manager position, Employee remains an at-will employee serving at the under the direction of the City Manager and may be terminated as follows:
A. Termination by CITY for Cause. The City Manager may terminate this Agreement for cause at any time by providing Employee with written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following:
i. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences. ii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. “Conviction” shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iv. Employee’ death.
v. Employee’ permanent disability if such disability precludes Employee from performing his essential job duties for more than three (3) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California’s Fair Employment & Housing Act have been made.
vi. Breach of this Agreement;
vii. Willful or persistent material breach of duties;
viii. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave
x. Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
or legally prohibited personal acts of discrimination against a City official or employee has occurred,
xi. Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules xii. Use or possession of illegal drugs,
xiii. “Abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).
For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution.
B. Termination “Without Cause.” City reserves the right to terminate this Agreement and Employee’s Employment at any time at the will, discretion, and pleasure of the City Manager upon providing Employee with thirty (30) days written notice. City’s only obligation in the event of such termination will be payment to Employee of all compensation then due and owing as set forth in Section 2.1 up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to statutory or regulatory requirements, or if doing so will preclude a violation of State, Federal or local law.
C. Resignation. If Employee elects to resign at any time during the term of this Agreement, he may do so upon giving City thirty (30) days’ written notice.
Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties.
D. Retirement. If Employee elects to retire, he shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner.
E. No Notice for Expiration. Nothing in this Section 7 shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 5.
F. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by his incident to his employment belongs to City and shall be returned promptly to City upon termination of Employee’ employment. Employee’ obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
i. Confidential Information. “Confidential Information” shall include, but not be limited to, all information or material that Employee learns of or obtains during his employment with City that is or was confidential or privileged by virtue of it having been discussed or presented in a dulynoticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.
Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Employee by City.
Nothing herein shall require City to disclose any of its information to Employee. During his employment with City, Employee shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement.
Following the termination of this Agreement, Employee shall not use or disclose any Confidential Information, except with the express written consent of City. Employee’ obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
G. Severance. In the event that Employee is terminated “Without Cause,” he shall be entitled to severance pay as follows:
o An amount equal to Two (2) pay periods.
The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance rights provided in this Paragraph 7(G) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum of liability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”
8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against his in his individual capacity or in his official capacity as Transportation Manager, provided the Claims arise while Employee is acting within the scope of his employment and provided, he did not act or fail to act because of actual fraud, corruption or malice. The
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.
9. PERFORMANCE EVALUATION. City Manager evaluate Employee at least one (1) time each year during the pendency of this Agreement. Employee shall be responsible for initiating the evaluation. The City Manager may conduct more frequent performance evaluations at their discretion.
A. Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.
B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, if he disagrees with a performance evaluation, submit a written rebuttal to the performance evaluation within thirty (30) calendar days of receiving the evaluation. Performance evaluations, along with any rebuttal, will be maintained in Employee’s personnel file and will be treated as confidential.
10. NOTICES. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid, and addressed as follows:
City Employee
Mayor, City of Arvin Hesham Elshazly
200 Campus Drive 200 Campus Drive
Arvin, California 93203 Arvin, California 93203
Either party may change his or its address by providing written notice to the other party in the manner described herein.
11. GENERAL PROVISIONS.
A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes all prior agreements, promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.
B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.
D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City’s Mayor.
E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.
F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.
G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.
H. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.
I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.
J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or Employee is convicted of a crime involving an abuse of his or her office or position.
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of his or her office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of his or her office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.
During the term of this Agreement, Employee shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.
Employee represents that he has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to his, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position.
K. Independent Legal Advice. City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement.
Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means.
Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
L. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
of this Agreement and the intent of the parties to this Agreement.
M. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
N. Non-Interest. With the exception of Employee, no officer or employee of the City shall hold any interest in this Agreement (California Government Code section 1090). [Signature Page Follows]
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and executed this Agreement, as of the date written below.
Dated: CITY OF ARVIN
By:
JEFF JONES, CITY MANAGER
Dated: EMPLOYEE
By:
HESHAM ELSHAZLY
ATTEST:
By:
CECILIA VELA, CITY CLERK
APPROVED AS TO FORM:
By:
NATHAN M. HODGES, ESQ.
CITY ATTORNEY
Attachments:
Exhibit “A”: Transportation Manager Job Description
Exhibit “B”: Severance Agreement
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Exhibit “A”
Transportation Manager Job Description
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement) City of Arvin
TRANSPORTATION MANAGER
DEPARTMENT: FINANCE
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED, MID-MANAGEMENT
GRADE:
JOB SUMMARY
Under general direction, manages, coordinates, and directs staff and activities involved in providing quality transportation services and programming to the citizens of Arvin. Implements programs, maximizes existing resources, and secures additional resources as required.
Communicates orally and in writing to Citizens, Council, and Departments; serves as Safety Officer of the division.
DISTINGUISHING CHARACTERISTICS
The Transportation Manager is a single position with full management responsibility. The incumbent provides direct supervision to employees within the division and assumes substantive and significant programmatic responsibility in the Transportation division. The incumbent exercises discretion and good judgment, communicates with tact and diplomacy, and utilizes leadership skills.
SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Finance Director. Exercises direct supervision over assigned subordinate staff.
EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Recommends and implements the City’s Transportation division goals and objectives; establishes performance standards and methods for the development and implementation of the City Transit program and related activities; develops and implements policies and procedures.
• Plans, develops and oversees the work of staff involved in the performance of duties related to the City’s Transportation division; ensures in-service hours are met. • Evaluates operations and activities of the City’s Transportation division program; implements improvements and modifications; prepares various reports on operations and activities.
• Participates in budget preparation and administration; prepares cost estimates for budget recommendations; submits justifications for staff, supplies and equipment. • Participates in the selection, motivation, and evaluation of personnel; provides or coordinates training; recommends discipline procedures. • Develops short and long range objectives that are in concert with operational objectives and regulatory requirements.
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Attachment: Transportation Manager (Approval of Transportation Manager Employment Agreement) Transportation Manager
• Coordinates and maintains records related to drivers’ training and the operation and maintenance of vehicles.
• Research and prepare technical and administrative reports and studies for the City Council, other boards, and outside agencies; submits compliance reports to the Air Resource Board; applies for Federal Communications license for radios.
• Schedules annual CHP inspections; meets with Officer in charge. • Oversees drug testing for employees and drug testing program for Transit Department; submits drug testing reports to the California Department of Transportation. • Creates and conducts general safety training to all city employees; acts as Safety officer • May performs the functions of a Transit Driver or Transit Administrative Dispatcher, as required.
• Regular and timely attendance.
• Performs other duties as required.
MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
Equivalent to a four (4) year degree from an accredited college or university with major course work in transportation management, public or business administration, or a related field.
Experience:
Three (3) years of direct experience in transit operations, including driving, associated data collection, analysis, and reporting, two (2) of which must have been at the supervisory or management level.
Licenses and Certificates:
Valid California driver’s license and a satisfactory driving record.
Knowledge of:
• Principles and practices of transit planning and management, including route design, bus purchasing, insurance, maintenance, fare structure and staffing requirements. • Trip reduction methodology and transportation system management techniques. • Principles and practice of marketing, community outreach and public information. • Principles and practices of public administration, management, and organizational theories. • Principles and practices of leadership, motivation, team building and conflict resolution. • Principles and practices of research analysis and management. • Budgeting procedures and techniques.
• Principles and practices of work safety.
• Pertinent federal, state and local laws, codes, and regulations. • Principles and practices of effective employee supervision including selection, training, evaluation, and discipline, team building and employee empowerment programs.
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Attachment: Transportation Manager (Approval of Transportation Manager Employment Agreement) Transportation Manager
• Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. • Basic principles of business letter writing and basic report preparation. • Techniques and principles of effective interpersonal communication. • English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
Ability to:
• Ability to organize and coordinate bus routes, supervise personnel, and communicate effectively with drivers and the general public.
• Organize, implement, and direct a variety of transit activities. • Understand all aspects of the job.
• Supervise, organize, schedule, and review the work of lower level staff. • Train and evaluate assigned staff.
• Analyze situations correctly and adopt quick, effective, and reasonable courses of action based on surrounding circumstances.
• Interpret and apply federal, state, and local policies, procedures, laws, and regulations. • Make sound decisions, use good judgment, and think clearly and effectively in all situations. • Understand and act in accordance with City and department policies, procedures, and rules. • Interpret and apply policies, procedures, and rules to assigned personnel. • Prepare clear, concise, and complete reports, presentations, correspondence and other related documents.
• Communicate clearly and effectively, both orally and in writing. • Understand and comply with oral and written instructions. • Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of work.
WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Work is performed primarily in the office in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level and occasionally in the field in all weather conditions, exposed to fumes, odors, and loud noise levels. Employees may interact with upset members of the public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. May be required to work a varied schedule which could include off-hours, weekends, and on-call. Must possess mobility to work in the field and in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle and drive on surface streets. Must possess vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over
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Attachment: Transportation Manager (Approval of Transportation Manager Employment Agreement) Transportation Manager
the telephone or radio. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 40 pounds.
HISTORY
Approved by:
Date:
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Attachment: Transportation Manager (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Exhibit “B”
Agreement Of Separation, Severance, And
General Release
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “Agreement”) is entered into effective this ___ day of ___________, _____ by and between the City of Arvin, a municipal corporation (“'City” herein), and Hesham Elshazly (“Employee” herein).
2. RECITALS
2.1 Employee was hired by the City as an at-will Transportation Manager effective on or about _______________, serving at the pleasure of the of the City Manager of the City pursuant to a written Employment Agreement, a copy of which is attached hereto as Exhibit “1” (“Employment Agreement”). Employee is currently ___ years old.
2.2 On or about __________, 20__, the City provided Employee with a Notice of Termination without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City of his intent to resign.) Pursuant to the Notice of Termination (or Employee’s resignation letter), the City and Employee desire that Employee separate from employment with the City and enter into this Agreement whereby Employee receives severance compensation in exchange for executing a general release and waiver of any and all claims that Employee may have against the City, including but not limited to, its elected and non-elected officials, Employees, attorneys, and agents. Accordingly, the parties hereto intend by this Agreement to mutually conclude any and all employment relationships between the City and Employee by means of Employee's separation as Transportation Manager as of the ____ day of _________ 20__. This Agreement sets forth the full and complete terms and conditions concluding Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment Agreement.
2.3 In accordance with this Agreement and with applicable state and federal laws, Employee acknowledges that Employee has been advised of Employee’s post-employment rights, including but not limited to, Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (" HIPAA"), and of his rights under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.
3. CONSIDERATION
3.1 Employee shall receive payment to his at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in the Employment Agreement, and/or all other wage compensation/benefits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City.
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Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means of a lump sum payment of ________________ ($__________), as set forth in in the form of a check made payable to Employee to be mailed to Employee at Employee’s home address via certified mail return receipt requested within thirty (30) business days after the Effective Date (as defined below) of this Agreement. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by the City.
3.3 In exchange for the severance payment provided for herein, Employee, and on behalf of Employee’s Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and such of them (hereinafter referred to as “the City Parties”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, Agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which Employee now has or may acquire in the future, or which Employee ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the effective date of this Agreement (hereinafter referred to collectively as “Claims”), without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. Employee expressly acknowledges that the Claims forever barred by this Agreement specifically include, but are not limited to, claims based upon any alleged breach of the contract or any other Agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIP AA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act or any claim or cause of action including but not limited · to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code§§ 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or Employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.
Furthermore, nothing herein shall be interpreted as a release or waiver of the City’s statutory obligations relative to providing defense and indemnification of public
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.
4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”') makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this Agreement, Employee acknowledges that Employee knowingly and voluntarily, for just compensation in addition to anything of value to which Employee was already entitled, waives, and releases any rights he may have under the ADEA and/or OWBPA. Employee further acknowledges that Employee has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/release is written in a manner understood by Employee; b) Employee is aware of, and/or has been advised of, Employee’s rights under the ADEA and OWBPA, and of the legal significance of Employee’s waiver of any possible claims Employee currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of Employee's own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days;
d) The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement;
e) Employee has been advised by this writing that Employee should consult with an attorney prior to executing this Agreement;
f) Employee has discussed this waiver and release with, and been advised with respect thereto by, Employee’s counsel of choice or at least had the opportunity to do so, and Employee represents by signing this Agreement that Employee does not need any additional time within which to review and consider this Agreement;
g) Employee has seven (7) days following Employee’s execution of this Agreement to revoke the Agreement;
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and i) This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same (“Effective Date”).
5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3, and 4 above, Employee understands that California Civil Code section 1542 reads as follows:
“GENERAL RELEASE--CLAIMS EXTINGUISHED”
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”
Employee hereby waives the protection of California Civil Code section 1542.
6. WAIVER OF ADDITIONAL CLAIMS
Employee hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this Agreement represents and warrants to, and agrees with, each other party as follows:
7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this Agreement or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this Agreement, that they have read this Agreement; that they have had this Agreement fully explained to them by such counsel or have had such opportunity to do so and that they are fully aware of the contents of this Agreement and of its legal effect.
7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.
7.3 Independent Investigation: Each party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement and all the matters pertaining thereto, as it deems necessary.
7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7.6 Indemnification: Employee agrees to indemnify and hold harmless the City or the City Parties from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment of all taxes for which Employee is responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 of this Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this Agreement.
7.7 Future Cooperation: Employee shall execute all such further and additional documents as shall be reasonable, convenient, necessary, or desirable to carry out the provisions of this Agreement.
7.8 Return of Confidential Information and Property: Prior to the separation all City keys, equipment, passwords, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by Employee during the course of Employee’s employment with the City shall be provided by Employee to the Finance Director or designee.
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
7.9 No Pending Claims and/or Actions: Employee represents that Employee has not filed any complaints or charges against the City or the City Parties with any local, state or federal agency or court; that Employee will not do so at any time hereafter for any claim arising up to and including the Effective Date of this Agreement; and that if any such agency or court assumes jurisdiction of any such complaint or charge against the City or the City Parties on behalf of Employee, whenever or where ever filed, Employee will request such agency or court to withdraw from the matter forthwith. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.
7.10 Ownership of Claims: Employee represents and warrants as a material term of this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this Agreement; the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It is further represented and agreed that the individuals signing this Agreement on behalf of the respective parties have actual authority to execute this Agreement and, by doing so, bind the party on whose behalf this Agreement has been signed.
7.13 Unemployment: Nothing in this Agreement shall limit Employee’s ability to apply for unemployment benefits.
8. MISCELLANEOUS
8.1 No Admission: Nothing contained herein shall be construed as an admission by the City of any liability of any kind. The City denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2 Governing Law: This Agreement has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kern County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.
8.3 Full Integration: This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further Agreement in writing, signed by the parties hereto.
8.4 Continuing Benefit: This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.
8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the parties agree that same shall not be construed against any party.
8.6 Severability: In the event that any term, covenant, condition, provision, or Agreement contained in this Agreement is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or Agreement shall in no way affect any other term, covenant, condition, provision or Agreement and the remainder of this Agreement shall still be in full force and effect.
8.7 Titles: The titles included in this Agreement are for reference only and are not part of its terms, nor do they in any way modify the terms of this Agreement.
8.8 Counterparts: This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties. Delivery of executed originals of this Agreement, as well as any instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in such event, copies of executed originals so delivered may be used in place of, and shall have the same force and effect as, the executed originals.
8.9 Notice: Any and all notices given to any party under this Agreement shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.
City: City of Arvin
City Hall
200 Campus Drive
Arvin, California 93203
Employee: Hesham Elshazly
Address set forth in Employee's Personnel
File.
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
Dated: “Employee”
By:
HESHAM ELSHAZLY
Dated: City of Arvin
By:
Name:
Title: MAYOR
APPROVED AS TO FORM:
For City:
By:
Name:
Title: CITY ATTORNEY
For Employee (if represented):
By:
Name:
Title:
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
EXHIBIT “1”
EMPLOYMENT AGREEMENT
6.A.2
Attachment: 07.25.23 transportation mgr Employment Agreement (Approval of Transportation Manager Employment Agreement)
B C D E F G
$ 18.53 $ 19.46 $ 20.43 $ 21.45 $ 22.52 $ 23.65 $ 24.83 $ 19.47 $ 20.44 $ 21.46 $ 22.54 $ 23.66 $ 24.85 $ 26.09 $ 20.46 $ 21.48 $ 22.55 $ 23.68 $ 24.86 $ 26.11 $ 27.41 Transit Lead $ 20.46 $ 21.48 $ 22.55 $ 23.68 $ 24.86 $ 26.11 $ 27.41 $ 22.76 $ 23.90 $ 25.10 $ 26.35 $ 27.67 $ 29.05 $ 30.50 $ 22.76 $ 23.90 $ 25.10 $ 26.35 $ 27.67 $ 29.05 $ 30.50 $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 Office Technician $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 Police Dispatch & Records Supervisor $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 $ 24.85 $ 26.10 $ 27.40 $ 28.77 $ 30.21 $ 31.72 $ 33.31 $ 27.37 $ 28.74 $ 30.17 $ 31.68 $ 33.26 $ 34.93 $ 36.67 $ 30.97 $ 32.52 $ 34.15 $ 35.85 $ 37.65 $ 39.53 $ 41.51 18 $ 34.26 $ 35.97 $ 37.77 $ 39.66 $ 41.64 $ 43.72 $ 45.91 18 $ 34.26 $ 35.97 $ 37.77 $ 39.66 $ 41.64 $ 43.72 $ 45.91 $ 39.13 $ 41.09 $ 43.14 $ 45.30 $ 47.56 $ 49.94 $ 52.44
B C D E F
$ 28.09 $ 29.49 $ 30.97 $ 32.51 $ 34.14
$ 32.51 $ 34.14 $ 35.84 $ 37.63 $ 39.52
Minimum Maximum
Custodian NA $ 15.50 $ 15.50
**Investigator NA $ 48.00 $ 48.00
**Emerg Mgmt / Deputy Police Chief NA $ 65.00 $ 65.00
Minimum Maximum
45 $ 33.35 $ 44.71
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
65 $ 44.55 $ 59.70
Minimum Maximum
$ 49.15 $ 68.06
$ 90.36 $ 90.36
$ 900.00
$ 300.00
$ 300.00
* Position is subject to an employment contract
** Retired Annuitant - 960 hours per fiscal year maximum Classification Range A
SEIU Union Hourly Schedule
CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE
07.28.2023 proposed Budgeted positions only
Hourly Rates
10 Animal Control 12
Community Services Officer 12
Accounting Technician 13
Bus Drivers 8
Public Works 9
Police Dispatchers 10
Accountant 15
Public Works Supervisor 17
13 13
Permit Technician 13
Police Admin Asst. 14
Classification Range A
Officer 13-A $ 26.75
Finance Supervisor
Engineer II
City Clerk 20
Part-Time Positions APOA Union Hourly Schedule
Mid-Manager Non-Union/Exempt Hourly Schedule
Classification Range
*Transportation Manager
Sergeant 16-A $ 30.96
Part-time Non-Union Hourly Schedule - No benefits
Classification Range
Sr. Bldg Officer/Code Enforcement
Lieutenant - Police Dept.
City Engineer
Human & Community Resources Mgr
*Grants Manager
City Planner
Executive Tier/Exempt Hourly Schedule
Classification Range
Elected Officials (Monthly)
Classification Range
*Police Chief F
*City Manager/Finance Director NA
Council Members EL-C
Per Month
Mayor EL-M
Mayor Pro Tem EL-C
6.A.4
Attachment: 7.25.23 Salary schedule (Approval of Transportation Manager Employment Agreement)
CITY OF ARVIN
Staff Report
Meeting Date: July 25, 2023
TO: ARVIN CITY COUNCIL
FROM: MEGAN MILLER, HUMAN & COMMUNITY RESOURCES MANAGER
JEFF JONES, CITY MANAGER / FINANCE DIRECTOR
SUBJECT: APPROVAL OF THE CHIEF OF POLICE EMPLOYMENT AGREEMENT BACKGROUND:
The Chief of Police is a crucial position within the City of Arvin structure and for operational functionality in the Arvin Police Department. This individual is tasked with being an innovative leader, trust builder within the organization and the Arvin community and sets the tone for the overall performance and character of the department.
The recruitment has been an 8-month endeavor with a several phase process to include extensive backgrounds on several finalists, to final selection. The selection was made, a conditional offer of employment was extended and accepted by Mr. Alex G. Ghazalpour.
Mr. Ghazalpour has been filling the role in an Acting Role since the resignation of the APD’s previous Chief. Mr. Ghazalpour has been a significant asset to the APD for over a decade in various capacities and we look forward to seeing the continued successes throughout his tenure as the Arvin Police Department Chief of Police.
Mr. Ghazalpour accepted the conditional offer of employment and is willing to accept this position under the terms and conditions set forth in the attached agreement.
STAFF RECOMMENDATION:
Approval of corresponding employment agreement.
FINANCIAL IMPACT:
Cost not to exceed $125,986.00, budgeted in salaries, funded via general fund.
ATTACHMENTS:
Attachment 1: Chief of Police Job Description
Attachment 2: Chief of Police Employment Agreement
6.B.1
Attachment: Chief Staff Report 7.25.23 (Approval of Chief of Police Employment Agreement) AGREEMENT NO. 2023-
CITY OF ARVIN
CHIEF OF POLICE EMPLOYMENT AGREEMENT
This CHIEF OF POLICE EMPLOYMENT AGREEMENT (hereinafter referred to as the “AGREEMENT”) is made effective the 25th day of July 2023, by and between the CITY OF ARVIN, a general law city and municipal corporation (hereinafter referred to as the “CITY”) and Alex G. Ghazalpour, an individual (hereinafter referred to as “EMPLOYEE”). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the “Parties” or individually as a “Party.”
RECITALS
WHEREAS, pursuant to the Arvin Municipal Code (“AMC”) §2.06.100, it is the duty of the City Manager to appoint, remove, promote and demote the Chief of Police, subject to the review and approval of the City Council of the CITY; and
WHEREAS, the position of Chief of Police serves as the department head for the CITY’s Police Department; and
WHEREAS, the position of Chief of Police is prescribed by state law at Government Code §§ 41601-41612; and
WHEREAS, the duties of the Chief of Police position are set forth more specifically in the class specifications attached hereto as Exhibit “A”; and WHEREAS, the Parties agree that following the multi-phase hiring process and extensive background investigation, the EMPLOYEE has the necessary qualifications and experience to perform as CITY’s chief of police; and
WHEREAS, the CITY now desires to hire EMPLOYEE as its Chief of Police, effective July 25, 2023; and
WHEREAS, the CITY intends to provide benefits to EMPLOYEE consistent with those provided to Department Heads as set forth in Resolution No. 2017-29, setting the salary ranges and benefits for directors/ department heads effective May 3, 2016 (the “Department Heads Benefits Resolution”), as such resolution may be amended from time to time; and WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE’s provision of Chief of Police professional services to the CITY through this AGREEMENT.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the CITY and EMPLOYEE hereby agree as follows:
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
1.0 INCORPORATION
1.1 The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2.0 EMPLOYMENT & DUTIES
2.1 Duties. The CITY hereby appoints EMPLOYEE as Chief of Police for the CITY to perform the functions and duties of said position, including those essential duties specified in the job description attached as Exhibit “A” and those functions and duties set forth in §§41601- 41612 of the Government Code of the State of California. The CITY reserves the right to adopt and/or amend the job description and functions and duties for the position of Chief of Police, as it deems necessary and appropriate, without requiring EMPLOYEE’s acquiescence or an amendment of this AGREEMENT. EMPLOYEE shall perform such other legally permissible and proper functions and duties as the City Manager shall, from time to time, direct or assign as appropriate to the position of Chief of Police. EMPLOYEE shall perform all of these functions and duties in an efficient, competent, and ethical manner and shall devote EMPLOYEE’s best efforts and full-time attention thereto.
2.2 Work Schedule. It is recognized that the Chief of Police is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the CITY. EMPLOYEE acknowledges that proper performance of the duties of chief of police will require EMPLOYEE to generally observe normal business hours, 8:00 a.m. to 5:30 p.m. Monday through Thursday and every other Friday 8:00 a.m. to 5:00 p.m. and will also often require the performance of necessary services outside of normal business hours. EMPLOYEE’s compensation (whether salary or benefits) is not based on hours worked.
2.3 Fair Labor Standards Act Exempt Status. EMPLOYEE acknowledges and agrees that the chief of police position is that of an “exempt” employee for the purposes of the federal Fair Labor Standards Act (“FLSA”) and EMPLOYEE shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA.
2.4 Employment Status. EMPLOYEE shall serve at the will and pleasure of the City Manager, subject to AMC §2.06.100, and understands that EMPLOYEE shall be an “atwill” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this AGREEMENT, including any so-called due process pre-disciplinary “Skelly” hearing. The CITY may terminate EMPLOYEE at any time, with the sole exception being the express procedures set forth in Section 4.4 below which are in accordance with the state mandated protections afforded by the Public Safety Officers Procedural Bill of Rights Act (“POBOR”) (Government Code §§ 3300-3313).
2.5 Other Activities. EMPLOYEE shall focus his professional time, ability, and attention to the CITY’s business during the term of this AGREEMENT. EMPLOYEE shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the CITY, that might cause a conflict-of-interest with the CITY, or that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of the functions and duties of the chief of police.
2.6 Exclusion from Competitive Service. EMPLOYEE understands, acknowledges and agrees that EMPLOYEE is exempt from the CITY’s competitive service pursuant to AMC §2.48.050(F).
2.7 CITY Documents. All data, studies, reports and other documents prepared by EMPLOYEE while performing his duties during the term of this AGREEMENT shall be furnished to and become the property of the CITY, without restriction or limitation on their use.
All production and/or development of memoranda, written information, and other materials either created by or provided to EMPLOYEE in connection with the performance of this AGREEMENT shall be held confidential by EMPLOYEE to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. No such materials may be disclosed to any person or entity not connected with the performance of services under this AGREEMENT, except as required by (i) law, (ii) any governmental agency, (iii) subpoena, or (iv) an order issued by a court of competent jurisdiction.
2.8 Compliance with Workplace Conduct Rules. EMPLOYEE shall be subject to any and all of the CITY’s anti-discrimination/ harassment/ retaliation policies and other workplace conduct rules and regulations adopted by the CITY.
2.9 Compliance with POST Standards. EMPLOYEE shall be required to meet the requirements of the Peace Officers Standards and Training (“POST”) guidelines set forth in Title 8 of the California Code of Regulations through his employment.
3.0 COMPENSATION AND REIMBURSEMENT
3.1 Base Salary. For the services rendered pursuant to this AGREEMENT, EMPLOYEE’s base compensation shall be in the amount of one hundred twenty-five thousand nine hundred eighty-six dollars ($125,986.00) annual (“Salary”), which shall be paid on a prorated basis bi-weekly at the same time as other employees of CITY are paid. Such Salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.
4.0 TERM
4.1 Effective Date. The effective date of this AGREEMENT shall be July 25, 2023 (“Effective Date”).
4.2 Term. The CITY hereby employs EMPLOYEE hereinafter described; the term of this Agreement shall be for two years commencing on the Effective Date. One (1) year of term is on probationary status. Additionally, this AGREEMENT may be terminated prior to this date by either Party pursuant to Section 4.3 – 4.4.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
4.3 Termination by EMPLOYEE.
(a) Resignation. EMPLOYEE may terminate this AGREEMENT by resignation at any time, provided EMPLOYEE provides the City Manager with at least thirty (30) days’ advance written notice. If EMPLOYEE terminates this AGREEMENT by resignation, he shall not be entitled to any severance as provided in Section 5.0. (b) Retirement. EMPLOYEE may terminate this AGREEMENT by his retirement at any time upon eligibility for retirement, provided EMPLOYEE provides the City Manager with at least ninety (90) days’ advance written notice. If EMPLOYEE terminates this AGREEMENT by retirement, he shall not be entitled to any severance as provided in Section 5.0.
4.4 Termination by CITY. The City Manager may terminate this AGREEMENT at any time with or without cause, subject to the prior approval of the City Council as required by AMC §2.06.100, by providing written notice of the reason(s) and an opportunity for administrative appeal, as provided herein. Administrative appeal shall be in accordance with the requirements of the POBOR, including but not limited to Government Code section 3304(c), which states that the CITY is required to provide written notice of termination and the reason or reasons therefore and an opportunity for administrative appeal. The City Manager’s right to terminate EMPLOYEE shall not be subject to or in any way limited by the CITY’s Personnel Rules or past CITY practices related to the employment, discipline, or termination of the CITY’s employees. EMPLOYEE expressly waives any rights provided for the chief of police under the Department Head Benefits Resolution, the CITY’s Personnel Rules, AMC, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of chief of police. Upon appointment to the chief of police position, EMPLOYEE remains an at-will employee serving at the pleasure of the City Manager.
(a) Termination by CITY for Cause. The City Manager may terminate this AGREEMENT for cause at any time by providing EMPLOYEE with written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this AGREEMENT, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law, 6) Violation of the CITY’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee has occurred, 7) Violation of the CITY’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the CITY’s Personnel Rules and the Arvin Police Department policy manual, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction of the City Manager or policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution. If the CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, the CITY shall have no obligation to pay severance. In order to comply with the requirements of California Government Code section 3304(c), a termination by the City Manager for cause shall be conducted in accordance with the following procedures:
(1) Within five (5) days of receipt of written notice,
EMPLOYEE may submit a request in writing to the City Manager for an administrative appeal.
Such appeal shall not prohibit or otherwise delay the termination of EMPLOYEE prior to the administrative appeal. Failure to timely file such a request shall be deemed to be a waiver of the right to do so.
(2) Upon EMPLOYEE’s written appeal request, the City
Manager shall appoint an independent hearing officer to conduct an administrative hearing and issue an advisory decision which shall then be reviewed and considered and either adopted, modified or rejected by City Council. Both EMPLOYEE and the CITY and their respective representatives, if any, shall make reasonable efforts to set an administrative appeal hearing date within thirty (30) days from the City Manager’s receipt of the written appeal request. Pursuant to Government Code section 3304(c) and for purposes of this subdivision, the removal of EMPLOYEE for the purpose of implementing the goals or policies, or both, of the CITY, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute "reason or reasons" for EMPLOYEE’s termination.
(3) At the administrative appeal hearing, the independent hearing officer shall be presented with both the information and documents on which the CITY based its decision to terminate for cause, as well as any information and documentation that the EMPLOYEE chooses to submit to challenge the CITY’s information and documents to raise mitigating circumstances for consideration by the independent hearing officer. (4) Within thirty (30) days of completing the hearing, the independent hearing officer shall issue an advisory decision in writing to the City Council determining whether EMPLOYEE was properly terminated and whether there was sufficient “cause” to justify not paying severance under the terms of this AGREEMENT unless severance was already tendered. Following City Council’s review and consideration of the advisory decision, EMPLOYEE shall be notified in writing as to whether the advisory decision will be upheld, modified or rescinded.
(b) Termination by CITY Without Cause. The City Manager may terminate EMPLOYEE without cause at any time based upon management reasons such as implementing the CITY’s goals or policies, including but not limited to: (i) “change of administration,” or (ii) “incompatibility of management styles.” These reasons, without any additional explanation, shall be sufficient to constitute “reason or reasons” in accordance with Government Code section 3304(c). In the event EMPLOYEE is terminated without cause, EMPLOYEE expressly agrees that EMPLOYEE shall not be entitled to any severance pay as the result of the termination of this
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) AGREEMENT except as provided in Section 5.1. In order to comply with the requirements of California Government Code section 3304(c), in the event of termination without cause EMPLOYEE may request to appear before the City Council, prior to the effective date of the termination to challenge the reasons for the termination without cause or to raise mitigating circumstances regarding the termination but in such event would waive any right to severance pay under Section 5.1.
5.0 SEVERANCE
5.1 Severance Pay. In the event EMPLOYEE is terminated without cause and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then CITY shall pay to EMPLOYEE severance in an amount equal to his monthly base Salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by three (3), less applicable deductions and excluding deferred compensation or the value of any other benefits.
Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to EMPLOYEE shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the three (3) months provided in this Section.)
5.2 No Severance Pay if Termination for Cause or Initiated by EMPLOYEE.
As provided in Section 4.4(a) should EMPLOYEE be terminated for cause, the CITY shall have no obligation to pay the severance provided for in Section 5.1 above. As provided in Section 4.3, should EMPLOYEE initiate termination of this AGREEMENT by resignation or retirement, the CITY shall have no obligation to pay the severance provided for in Section 5.1 above.
5.3 Sole Rights. The severance rights provided in this Section 5.0 shall constitute the sole and only entitlement of EMPLOYEE with respect to severance pay in the event of the termination, other than for cause. EMPLOYEE expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard "Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit "C".
6.0 PERFORMANCE EVALUATIONS
6.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to EMPLOYEE. Nothing herein shall be deemed to alter or change the employment status of EMPLOYEE (as set forth in Section 2.4 above), nor shall this Section 6.0 be construed as requiring cause to terminate this AGREEMENT, or the services of EMPLOYEE hereunder.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
6.2 Annual Evaluation. The City Manager shall endeavor to review and evaluate the performance of EMPLOYEE in twelve (12) month intervals within thirty (30) days after each anniversary of the Effective Date. Should EMPLOYEE be absent for more than thirty (30) consecutive days for any reasons, EMPLOYEE’s annual salary and performance evaluation shall be postponed an equal or reasonable number of days to allow for observation of performance, in the sole discretion of the City Manager. EMPLOYEE may be evaluated more frequently at the discretion of the City Manager. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 6.1 above.
6.3 Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to EMPLOYEE within two (2) weeks following the conclusion of the review and evaluation process.
6.4 No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. EMPLOYEE may, if he disagrees with a performance evaluation, submit a written rebuttal to the performance evaluation within thirty (30) calendar days of receiving the evaluation.
Performance evaluations, along with any rebuttal, will be maintained in EMPLOYEE’s personnel file and will be treated as confidential.
7.0 BENEFITS AND OTHER COMPENSATION
The CITY intends to provide EMPLOYEE benefits consistent with the then-current version of the Department Heads Benefits Resolution. Specifically, EMPLOYEE shall be entitled to the following benefits:
7.1 Jury Duty. If summoned to jury duty, EMPLOYEE shall receive pay as provided in the Department Heads Benefits Resolution, as it may be amended from time to time.
In the event EMPLOYEE receives any reimbursement from the pertaining judicial jurisdiction, court, and/or government agency, such reimbursement shall be forwarded to the CITY excluding mileage received for said jury duty.
7.2 Injury on Duty. CITY is insured for employee injuries which occur during the course of employment. EMPLOYEE should report any on the job injury or illness to the City Manager or designee immediately. The CITY’s workers’ compensation program is administered under the workers compensation law of the State of California through Acclamation Insurance Management Services (“AIMS”).
7.3 Health Insurance. EMPLOYEE shall be provided health insurance as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.4 Reimbursement for Expenses. CITY shall reimburse EMPLOYEE for reasonable out-of-pocket expenses incurred while performing the duties set forth in EMPLOYEE’s job description, as provided in Department Heads Benefits Resolution, as it may be amended from time to time.
7.5 Electronic Equipment. EMPLOYEE shall be provided with a cellular phone to be used for official CITY business only.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
7.6 Vehicle Allowance. EMPLOYEE shall be provided a CITY vehicle to use during the performance of his official duties, subject to the requirements of the Department Heads Benefits Resolution, as it may be amended from time to time. EMPLOYEE must obtain approval from City Manager prior to vehicle use outside of Kern County. Although the CITY does not anticipate EMPLOYEE will be required to drive his personal vehicle in the performance of assigned job duties, in such event EMPLOYEE shall be provided mileage reimbursement consistent with the Department Heads Benefits Resolution, as it may be amended from time to time.
7.7 Uniform Expenses. the CITY shall pay a total sum of One-thousand three hundred dollar ($1,300.00) per year uniform allowance for each officer in two (2) equal payments of$650.00 paid in the first full pay period in January and the first full pay period in July for uniform and equipment costs that are required for the performance of duties.
7.8 Holidays. EMPLOYEE shall be provided paid holidays as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.9 Social Security. EMPLOYEE shall pay the full required employee contribution for social security.
7.10 Retirement Benefits. EMPLOYEE shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.11 Disability Insurance. The CITY shall provide EMPLOYEE long-term disability insurance as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.12 Life Insurance. The CITY shall provide EMPLOYEE life insurance as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.13 Paid Time Off. EMPLOYEE shall be provided Paid Time Off (“PTO”) as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.14 Leave of Absence Without Pay. EMPLOYEE shall be provided leave of absence without pay as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.15 Professional Organizations. The CITY shall pay for EMPLOYEE’s membership in professional organizations, subscriptions, and training as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time. Upon advance approval of the City Manager, the CITY will pay for or reimburse EMPLOYEE for reasonable travel expenses related to meetings and conferences related to such professional organizations.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
7.16 Bereavement Leave. EMPLOYEE shall be provided bereavement leave as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time.
7.17 Peace Officer Standard Training (“POST”). EMPLOYEE shall receive reimbursement for maintaining POST certification, including related training and associated expenses.
7.18 Changes in Benefits. EMPLOYEE acknowledges that the City Council may from time to time revise the Department Heads Benefits Resolution, which may change the level of compensation (exclusive of EMPLOYEE’s base salary) or benefits provided to EMPLOYEE.
In such event, amendment of this AGREEMENT shall not be required and EMPLOYEE shall be provided benefits according to the Department Heads Benefits Resolution then in effect.
Furthermore, revision to the Department Heads Benefits Resolution such that it changes the benefits provided in this Section 6.0 shall not be deemed a breach of this AGREEMENT.
8.0 INDEMNIFICATION
8.1 To the extent mandated by the California Government Code, the CITY shall defend, hold harmless, and indemnify EMPLOYEE against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of EMPLOYEE’s services under this AGREEMENT. This section shall not apply to any intentional tort or crime committed by EMPLOYEE, to any action outside the course and scope of EMPLOYEE’s employment, or any other intentional or malicious conduct or gross negligence of EMPLOYEE.
8.2 Bonds. The CITY shall bear the full cost of any fidelity or other bonds, which may be required in the performance of EMPLOYEE’s services under this AGREEMENT.
9.0 GENERAL PROVISIONS
9.1 Entire AGREEMENT. This AGREEMENT represents the entire AGREEMENT and understanding between the Parties and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to EMPLOYEE’s employment by the CITY and contains all of the covenants and agreements between the Parties with respect to such employment. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this AGREEMENT shall be valid or binding upon either Party.
9.2 Amendment. This AGREEMENT may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval, except where City Manager approval is expressly authorized herein.
9.3 Notices. Any notice required or permitted by this AGREEMENT shall be in writing and shall be personally served or shall be sufficiently given when served upon the other Party as sent by United States Postal Service, postage prepaid and addressed as follows:
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) To CITY: To Chief of Police:
City Manager Alex G. Ghazalpour
City of Arvin [On file with Human Resources Dept.]
200 Campus Drive
Arvin, CA 93203
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
9.4 Conflicts Prohibited. During the term of this AGREEMENT, EMPLOYEE shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of EMPLOYEE’s duties under this AGREEMENT. EMPLOYEE shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.
9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each Party hereto.
9.8 Government Code §§ 53243 - 53243.4. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this AGREEMENT and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this AGREEMENT:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) §53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. “Abuse of office or position” defined.
EMPLOYEE represents that EMPLOYEE has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to EMPLOYEE, including that EMPLOYEE agrees that any cash settlement or severance related to a termination that EMPLOYEE may receive from the CITY shall be fully reimbursed to the local agency if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE’s office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “B”.
9.9 Independent Legal Advice. City and Ghazalpour represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Ghazalpour further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
9.10 Conflict with Department Heads Benefits Resolution. In the event of a conflict in language between this AGREEMENT and the Department Heads Benefits Resolution, the language in this AGREEMENT shall control.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this AGREEMENT, all in triplicate.
CITY OF ARVIN EMPLOYEE
Jeff Jones, City Manager Alex G. Ghazalpour
ATTEST:
____________________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
EXHIBIT A
[Chief of Police Job Description on following page]
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) City of Arvin
POLICE CHIEF
DEPARTMENT: POLICE DEPARTMENT
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED, DEPARTMENT HEAD
GRADE:
JOB SUMMARY
Under administrative direction, plans, organizes, directs, and reviews the activities and operations of the Police Department including field operations, investigations, technical services, and related functions; coordinates assigned activities with other departments and outside agencies; ensures a high level of customer service delivered by a professional and respected law enforcement staff; and provides highly responsible and complex administrative support to the City Manager.
DISTINGUISHING CHARATERISTIC
The Police Chief is a department head classification with overall responsibility for the activities of the Police Department. The incumbent is accountable, through subordinate managers and supervisors, for accomplishing all department goals, and for furthering City goals and objectives within general policy guidelines.
SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Manager. Exercises supervision, either directly or through subordinate supervisors, over assigned management, supervisory, professional, technical, and administrative support personnel.
EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
• Develop, plan and implement Police Department goals, objectives, policies, and procedures in support of the department’s mission, vision, and values; recommend and administer policies and procedures for providing effective law enforcement services including patrol, traffic enforcement, investigations, communications/dispatch, records management, and related programs.
• Evaluates division activities, policies, procedures, and departmental rules, orders, and regulations and makes recommendations as needed; assists in designing, coordinating, and implementing community education, organization, and mobilization efforts. • Assists in designing and implementing contemporary technical and administrative methods of crime prevention, juvenile delinquency control, law enforcement, and related functions, including investigation and identification, patrol, traffic control, and safety. • Coordinates Police Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Council and relevant boards
6.B.3
Attachment: Police Chief (Approval of Chief of Police Employment Agreement) Police Chief
and commissions; and, prepare and present staff reports and other necessary correspondence.
• Directs, oversees and participates in the development of the Police Department's work plan; assigns work activities, projects, and programs; monitors work flow; reviews and evaluates work products, methods, and procedures.
• Supervises and participates in the development and administration of the Police Department budget; directs the forecast of additional funds needed for staffing, equipment, materials and supplies; monitors and approves expenditures; implements mid-year adjustments. • Selects, trains, motivates and evaluates personnel; provides or coordinates staff training; conducts performance evaluations; implements discipline procedures; maintains discipline and high standards necessary for the efficient and professional operation of the Police Department.
• Works collaboratively with supervisors and employees where performance and disciplinary issues may exist to correct the situation in a positive and proactive manner. • Meets with various officials, citizens, members of the public, and representatives of the news media; gives speeches and presentations to local service clubs and organizations to further the public relations of the Police Department; responds to and resolve difficult and sensitive citizen inquiries and complaints; explains, justifies, and defends department programs, policies, and activities; negotiates and resolves sensitive and controversial issues. • Participates on a variety of boards, commissions, and committees; attends local, regional, and state conferences on law enforcement; obtains information and cooperation on law enforcement issues; establishes and maintains cooperative working relationship with county, area, and state law enforcement officials and with other public officials. • Confers with attorneys concerning the prosecution of criminal complaints and civil litigation. • Reviews and recommends modification of codes, regulations and ordinances; actively participates in Emergency Services Planning; researches modern police management methods; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of law enforcement; maintains departmental awareness of state-of-the-art developments in management and fields of specialty. • May testify in court and/or before legislative bodies. • Represents the Department to outside groups and organizations; participates in outside community and professional groups and committees; provides technical assistance as necessary.
• Researches and prepares technical and administrative reports and studies; prepares written correspondence as necessary.
• Builds and maintains positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Performs the full range of duties assigned to sworn staff as required. • Regular and timely attendance.
• Performs other duties as required.
MINIMUM QUALIFICATIONS
6.B.3
Attachment: Police Chief (Approval of Chief of Police Employment Agreement) Police Chief
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
Equivalent to a four (4) year degree from an accredited college or university in criminal justice, law enforcement, police science, public or business administration or a related field.
Experience:
Five (5) years of increasingly responsible law enforcement experience in all major phases of municipal police work including three (3) years of administrative or management responsibility at the rank of Lieutenant or above.
Licenses and Certificates:
• Valid California driver's license and satisfactory driving record. • POST Advanced Certificate.
• POST Management or Executive Development Certificate (or ability to obtain within one (1) year of appointment).
• CPR and First Aid Certificate.
Other Requirements:
• Must be age 21 by date of appointment.
• Must be a United States citizens (including naturalization). • Must be willing to work various shifts and holidays.
• Must not have been convicted of any misdemeanor or felony in this state or any other state or federal jurisdiction which carries a penalty of prohibiting ownership, possession, or control of a firearm (12021 (c) PC).
Knowledge of:
• Principles and practices of public administration, management, and organizational theories. • Principles and practices of leadership, motivation, team building and conflict resolution. • Pertinent local, state and federal laws, rules, and regulations. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.
• Operations, services, and activities of a comprehensive municipal law enforcement program. • Law enforcement theory, principles, and practices and their application to a wide variety of services and programs.
• Principles and practices of human resources management, supervision, and training. • Public relations practices and techniques.
• Research methods; report writing techniques; statistical concepts and methods; principles and techniques of project management.
• Technical and administrative phases of crime prevention and law enforcement including investigation and identification, patrol, traffic control, crime prevention, records management, and care and custody of persons and property.
6.B.3
Attachment: Police Chief (Approval of Chief of Police Employment Agreement) Police Chief
• Recent court decisions and how they affect department operations. • Principles and practices of budget preparation and administration. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
Ability to:
• Plan, direct and control the administration and operations of the Police Department. • Carry out all aspects of a sworn Police Officer’s job; • Interpret, analyze, and evaluate budget, staff, and technical reports. • Develop and implement department policies and procedures. • Gain cooperation through discussion and persuasion.
• Successfully develop, control and administer departmental budget and expenditures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.
• Interpret and apply City policies, procedures, rules and regulations and Police Department General Orders.
• Communicate clearly and concisely, both orally and in writing. • Supervise, train and evaluate assigned personnel.
• Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of the work including City and other government officials, community groups, the general public, and media representatives.
WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Work is performed primarily indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.
HISTORY
6.B.3
Attachment: Police Chief (Approval of Chief of Police Employment Agreement) Police Chief
Approved by:
Date:
6.B.3
Attachment: Police Chief (Approval of Chief of Police Employment Agreement)
EXHIBIT B
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
EXHIBIT C
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of Arvin, a municipal corporation (hereinafter referred to as “THE CITY”), and Alex G. Ghazalpour, an individual (hereinafter referred to as “EMPLOYEE”).
2. RECITALS
2.1. EMPLOYEE was hired by THE CITY as its permanent chief of police on ___________ under an employment agreement (“THE CONTRACT”), serving at the pleasure of the City Manager of THE CITY. A copy of THE CONTRACT is attached hereto as Exhibit “A”.
EMPLOYEE is currently over 40 years of age.
2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.
2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
3. CONSIDERATION
3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.
3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested within thirty (30) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.
4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER
ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE;
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) (b) EMPLOYEE is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).
5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:
7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.
7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.
7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.
7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of hisreceipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.
7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.
7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his employment with THE CITY.
7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.
7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
8. MISCELLANEOUS
8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.
8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.
8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.
8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.
8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.
8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.
8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.
As to EMPLOYEE:
At EMPLOYEE’s home address on file with THE CITY.
As to THE CITY:
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement) City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.
DATED: _______________ EMPLOYEE
By: ________________________________
Alex G. Ghazalpour
THE CITY
DATED: __________________ By: ________________________________ Jeff Jones, City Manager
ATTEST:
__________________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM:
__________________________
Nathan Hodges, City Attorney
6.B.2
Attachment: 7.25.23 Employment Agreement_Chief of Police AG (Approval of Chief of Police Employment Agreement)
B C D E F G
$ 18.53 $ 19.46 $ 20.43 $ 21.45 $ 22.52 $ 23.65 $ 24.83 $ 19.47 $ 20.44 $ 21.46 $ 22.54 $ 23.66 $ 24.85 $ 26.09 $ 20.46 $ 21.48 $ 22.55 $ 23.68 $ 24.86 $ 26.11 $ 27.41 Transit Lead $ 20.46 $ 21.48 $ 22.55 $ 23.68 $ 24.86 $ 26.11 $ 27.41 $ 22.76 $ 23.90 $ 25.10 $ 26.35 $ 27.67 $ 29.05 $ 30.50 $ 22.76 $ 23.90 $ 25.10 $ 26.35 $ 27.67 $ 29.05 $ 30.50 $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 Office Technician $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 Police Dispatch & Records Supervisor $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 $ 23.09 $ 24.25 $ 25.46 $ 26.73 $ 28.07 $ 29.47 $ 30.95 $ 24.85 $ 26.10 $ 27.40 $ 28.77 $ 30.21 $ 31.72 $ 33.31 $ 27.37 $ 28.74 $ 30.17 $ 31.68 $ 33.26 $ 34.93 $ 36.67 $ 30.97 $ 32.52 $ 34.15 $ 35.85 $ 37.65 $ 39.53 $ 41.51 18 $ 34.26 $ 35.97 $ 37.77 $ 39.66 $ 41.64 $ 43.72 $ 45.91 18 $ 34.26 $ 35.97 $ 37.77 $ 39.66 $ 41.64 $ 43.72 $ 45.91 $ 39.13 $ 41.09 $ 43.14 $ 45.30 $ 47.56 $ 49.94 $ 52.44
B C D E F
$ 28.09 $ 29.49 $ 30.97 $ 32.51 $ 34.14
$ 32.51 $ 34.14 $ 35.84 $ 37.63 $ 39.52
Minimum Maximum
Custodian NA $ 15.50 $ 15.50
**Investigator NA $ 48.00 $ 48.00
**Emerg Mgmt / Deputy Police Chief NA $ 65.00 $ 65.00
Minimum Maximum
45 $ 33.35 $ 44.71
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
60 $ 40.59 $ 54.39
65 $ 44.55 $ 59.70
Minimum Maximum
$ 49.15 $ 68.06
$ 90.36 $ 90.36
$ 900.00
$ 300.00
$ 300.00
* Position is subject to an employment contract
** Retired Annuitant - 960 hours per fiscal year maximum Classification Range A
SEIU Union Hourly Schedule
CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE
07.28.2023 proposed Budgeted positions only
Hourly Rates
10 Animal Control 12
Community Services Officer 12
Accounting Technician 13
Bus Drivers 8
Public Works 9
Police Dispatchers 10
Accountant 15
Public Works Supervisor 17
13 13
Permit Technician 13
Police Admin Asst. 14
Classification Range A
Officer 13-A $ 26.75
Finance Supervisor
Engineer II
City Clerk 20
Part-Time Positions APOA Union Hourly Schedule
Mid-Manager Non-Union/Exempt Hourly Schedule
Classification Range
*Transportation Manager
Sergeant 16-A $ 30.96
Part-time Non-Union Hourly Schedule - No benefits
Classification Range
Sr. Bldg Officer/Code Enforcement
Lieutenant - Police Dept.
City Engineer
Human & Community Resources Mgr
*Grants Manager
City Planner
Executive Tier/Exempt Hourly Schedule
Classification Range
Elected Officials (Monthly)
Classification Range
*Police Chief F
*City Manager/Finance Director NA
Council Members EL-C
Per Month
Mayor EL-M
Mayor Pro Tem EL-C
6.B.4
Attachment: 7.25.23 Salary schedule (Approval of Chief of Police Employment Agreement)