Preliminary DRAFT Title 17 - Zoning
Figure 17.8017.300.020-9: Electronic Message Sign
Equivalent Financial Incentive. A monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:
1. A density bonus and an incentive or concession; or
2. A density bonus, where an incentive or concession is not requested or is determined to be unnecessary.
Family. One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
Field. The part of the sign with no letters or logos.
Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.
Foot Candle. A unit of illumination produced on a surface, all points of which are one foot from a uniform point of one candle.
Freestanding Sign. A permanent sign that is self-supporting in a fixed location and not attached to a building. A freestanding sign can be connected or attached to a sign structure, fence, or wall that is not an integral part of a building. Freestanding signs include, but are not limited to, monument signs, pole signs, and pylon signs.
Future Tenant Identification Sign. A temporary sign not exceeding 32 square feet in area that identifies a future use of a site or building.
Garage. A building, or portion of a building in which motor vehicles used by the occupants or tenants of the main buildingprimary structure or buildings on the premises are stored or kept.
Gas Pricing Signs. Signs identifying the brand, type, octane rating, etc., of gasoline for sale, as required by state law.
Ghost Sign. A term for old hand-painted advertising or signage that has been preserved on a building for an extended period of time, whether by active preservation or by choosing not to destroy it.
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Ghost Sign, New. Hand-painted advertising or signage that has been treated to give it an aged or weathered appearance. The signage recognizes an establishment (or goods that are sold) located at or on the same premises as the new ghost sign.
Glare. Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.
Grade. The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation on the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In cases where walls and fences are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the sign, or in the case of a pole support, the lowest point of elevation of the finished surface of the ground at the supports.
Grade, Existing. The natural grade in place prior to the preparation of property for development. For individual recorded lots, existing grade shall mean natural grade or the grade established as a part of the development of the subdivision.
Grade, Finish. The final contour of the ground surface of a site that conforms to the approved grading plan.
Home Occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.
Housing Development. One or more groups of projects for residential units constructed in the city.
For purposes of density bonus, this also includes a subdivision or common interest development as defined in Section 1351 of the Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate or convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units.
For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are Incentive and Concession. Means such regulatory concessions as specified in subdivision (l) of Government Code Section 65915 which include, but are not limited to, the following:
1. The reduction of site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable financially sufficient and actual cost reductions.
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2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. Direct financial assistance.
4. Other regulatory incentives or concessions which result in identifiable cost reductions or avoidance.
Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign and includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. An illuminated sign excludes electronic message signs, which are separately defined
Inflatable Balloon Sign. A sign consisting of balloons, inflatables, or similar air, helium or hydrogen filled materials, including balloons and inflatables made of metallic and/or cloth material, regardless of the size that is used, for the purpose of attracting attention.
Logo. A proprietary graphic used as an identifying mark of a company, business, or organization. For purposes of this title, logos shall be limited to registered trademarks.
Lot. A parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the county recorder, or a parcel of real property abutting upon at least one public street and held under separate ownership prior to the effective date of this title.
Lot Area. The total horizontal area within the lot lines of a lot.
Lot, Corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. See Figure 17.8017.300.020-10 (Corner lot). 196
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Figure 17.8017.300.020-10: Corner lot
Public Street
Street-side Yard
Weighboring
Corner Lot Property
Pubic Street
(Reari
Neighboring
Property
(Interior Side)
Note: not to scale
Street Side Property Line
Public Street
Required Side Yard
• Rear Property Line
Front Property Line
Neighboring
Regumed
Buildable Area Property
Public Street Front
Yard
Required Side Yard
Side Property Line
Neighboring
Lot Depth. The horizontal distance between the front and rear property lines measured along a line midway between the side property lines.
Lot, Double Frontage. A lot having frontage on two parallel or approximately parallel streets. See Figure 17.8017.300.020-11 (Double frontage lot).
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Figure 17.8017.300.020-11: Double frontage lot
Neighiaorra
Double Frontage Lot
Neigh boring
deteris-side:
Lot, Flag. A parcel of land shaped like a flag; the staff (access corridor) is a narrow strip of land providing vehicular and pedestrian access to the street with the bulk of the property lying to the rear of other lots. See Figure 17.8017.300.020-12 (Flag lot).
Figure 17.300.020-12: Flag lot
Neighboring
Side Property Line
Front Property
Paquited Side rand
Negatoring
Keighitkane
Buildable Area Property
- Rear Property Linke
Access Alcal
Side Frodorty Line
Neighboring
Property
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Neighboring
Property
Deserior Sides
Neight me
Propery
Ful: Street (Front)
Heighterine
Flag or Corridor Lot Property
20-000
Neighboring
Property
(feterior Side)
Lot Frontage. That portion of a lot that abuts a street right-of-way or other principal means of access thereto.
Lot, Interior. A lot other than a corner lot. See Figure 17.8017.300.020-13 (Interior lot).
Figure 17.8017.300.020-13: Interior Lot
Neighboring
Property
Side Propery Line
Front Property Line + Rear Property Line
Neighboring
alk Stopp Buildable Area Property
Required
Side Yard
Side Property Line Neighboring
Property
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Nekuboring
Property
Neighboring
Public Street Interior Lot
Property
(Rear)
Neighboring
Property
(Interior Side)
Notes sorto scale
Lot, Key. The first interior lot to the rear of a reversed corner lot, whether or not separated by an alley.
Lot, Reversed Corner. A corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.
Lot Line, Front. The property line dividing a lot from a street. The front lot line shall be that narrowest property line which abuts a public street (see Figures 17.8017.300.020-14a10 and 17.300.020-13). In the case of a flag lot, it shall be property line that abuts the access corridor (see Figure
17.8017.300.020-14b12). In the case of lots along cul-de-sacs, elbows, or other similar roadways where the property does not comply with the minimum frontage requirements of this title, the front property line for purposes of determining setbacks shall be measured from an imaginary line drawn parallel to the property line along the street and with a minimum length equal to the minimum frontage (see Figure 17.8017.300.020-14c14).
Lot Line, Rear. The line opposite and most distant from the front lot line and most parallel to the front lot line. See Figures 17.8017.300.020-1044a, 14b,-12, and 14c-13, and 14 for an examples of a common rear property line and see Figure 17.8017.300.020-14d-15 for an example of a rear property line on an irregular shaped lot where the rear property line is not exactly parallel to the front property line. In the case of an irregular, triangular, or gore-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. See Figure 17.80.020-14d (Let Lines- Irregular Lots).
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Figure 17.80.020 14a Let Lines-Interior and Corner Lots Neighboring
Property
Side Property Line
Front Property Line Side Yar
+- Rear Property Line
Neichboring
Pablk: Street Buildable Area Property
Side Yard
Side Property Line Neighboring
Property
Street Side Property Line
Public Street
Required Side Yard
- Rear Property Line
Front Property Line →
Neighboring
Requied Buildable Area Property
Public Street Fiont
Yare
Required Side Yard
Side Property Line
Neighboring
: Property
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Figure 17.80.020-14b Let Lines- -Flag Lots
Neighbraing
ProperTy
Side Property Line
Front Property Line-
aquitea Side Yand
Neighboring
Property
Publi: Steel Neighboring
Buildable Area Froperty
-Res: Property Lina
Sido Property line
Neighboring
Property
Figure 17.8017.300.020-14€ Lot Lines (lots along cul-de-sacs, elbows, or other roadways) Neighboring
Property
Side Property Line
Public Street
- Front Property Line
Buildable Area
Rear Property Line -›
— Side Property Line Neighboring
Side
Property
Yaid
Required Side Vald
Side Property Line
Neighboring
Property
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Figure 17.8017.300.020-14d-15 Lot Lines-Irregular Lots
Neighboring
Property
(Rea: Lot)
Rear Property Line
Neighboring
Property aired
interior Loti
Yaro
Sice Property Lines
Buildable Area
Neighboring
Property
anterior Lot
Neighboring
Property - Side Property Line
interior Let
Public Street Front Property Line
Lot Line, Side. Any lot line other than the front lot lines or rear lot lines.
Lot Line, Street Side. A side lot line that abuts a public street.
Lot Width. The horizontal distance between side lot lines, measured at the required front setback line.
Lower Income Household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50079.5.
Marijuana. Cannabis, cannabis products, tetrahydrocannabinol (THC), THC products, and all other derivatives, whether natural or synthetic, including (i) all products or goods however administered, taken or consumed, which contain any amount of cannabis or THC, whether natural or synthetic, and (i) all cannabis products and THC products used for medicinal or recreational purposes.
Marijuana Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Marijuana Delivery. The transfer of marijuana or marijuana products, whether for recreational or medicinal purposes, from a dispensary, testing facility, or other source to a qualified patient, designated care giver or other recipient.
Marijuana Dispensary. A facility or structure where marijuana is offered for sale, whether for medicinal or recreational use.
Marijuana Related Land Use. The use of land (whether public or private) or a facility or structure, to cultivate, manufacture, or test marijuana as that term is defined in this chapter, or the dispensing, 203
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delivering, or transporting of marijuana on, over or through any land within the city, including but not limited to one or more of the following uses specifically defined herein: marijuana cultivation, marijuana delivery and marijuana dispensaries.
Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building for a distance of five or more feet, generally designed and constructed to provide protection from the weather.
Marquee Sign. Any sign attached in any manner to, or made a part of, a marquee.
Maximum Allowable Residential Density. The maximum number of residential units permitted by the city's zoning code at the time of application.
Menu/Order Board Sign. A sign installed at a drive-through facility and oriented so as to be visible primarily by drive-through customers.
Moderate Income Household. Households whose income does not exceed the lower income limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50093.
Monument Sign. A freestanding sign less than six feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a "pole sign" or a "pylon sign." See Figure 17.8017.300.020-165 (Monument sign).
Figure 17.30080.020-165: Monument Sign
Multi-Tenant Center. A property or combination of properties containing three or more separate tenants that share common parking, driveway, and access areas.
Mural. A non-commercial message expression of public art executed directly on a wall (fresco) or done separately and affixed to it.
NIER. A non-ionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
Non-Commercial Sign. A sign that displays non-commercial speech, e.g., commentary or advocacy on topics of public debate and concern.
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Nonconforming Building. A building or structure, or portion thereof, conflicting with the provisions of this title applicable to the zone in which it is situated.
Nonconforming Sign. A sign lawfully erected that does not comply with the provisions of this title.
Nonconforming Use. The use of a structure or premises conflicting with the provisions of this title.
Non-Restricted Unit. All units within a housing development, excluding the target units.
Objective standards. Objective standards, including "obiective zoning standards." "obiective subdivision standards." and "objective desian review standards", mean standards that involve no personal or subjective judament by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
Occupancy, Change of. A discontinuance of an existing use and substitution therefore of a use of a different kind or class.
Occupied. Includes arranged, designed, built, altered, converted, rented, or leased, or intended to be occupied.
Off-Site or Off-Premise Sign. A sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. This definition shall include, but is not limited to, billboards, posters, panels, painted bulletins, and similar advertising displays. An off-site sign meets any one of the following criteria and includes only commercial messages:
1. A permanent structure sign which is used for the display of off-site commercial messages;
2. A permanent structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
3. An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign), in exchange for a rent, fee, or other consideration.
On-Site or On-Premise Sign. A sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple tenant commercial or industrial development, a sign is considered on- site whenever it is located anywhere within the development. In the case of a duly approved uniform sign program, a sign anywhere within the area controlled by the program may be considered on- site when placed at any location within the area controlled by the program.
Open Space, Landscaped. All landscaped areas within a development project. Such areas shall include all usable private and semi-private open space and all additional landscaped areas, including street frontages, entry monuments, uncovered walkways, landscaped areas and areas determined by the city to be of a similar nature.
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Open Space, Usable Private. An outdoor area, including patio and balcony, that is designed and used for recreation, outdoor living and enjoyment by the residents of a specific dwelling unit. Such areas shall be enclosed by a fence of no less than four feet in height and shall have no width or depth dimension less than six feet. Private open space areas shall extend at least four feet beyond any roof, eaves and overhang, or second story extensions.
Open Space, Usable Semi-Private. An outdoor area that is designed and used for recreation, pedestrian access, and enjoyment by the residents of a development project. Such areas shall be located fully within the subject development project, shall be separated from public vehicle circulation and shall include landscaping and improvements as determined appropriate by the city, and shall have no width or depth dimension less than 15 feet.
Painted Sign. A sign that is comprised only of paint applied on a building or structure.
Permanent Sign. A sign that is entirely constructed out of durable materials, is fixed in place, and is intended to exist for more than 120 days.
Permanent Window Sign. A sign painted, attached, glued or otherwise affixed to a window or located within three feet of the interior side of a window or otherwise easily visible from the exterior of a building
Person. Any individual, firm, copartnership, joint adventure, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any group or combination acting as a unit.
Persons and Families of Moderate Income. Means households whose income does not exceed the moderate limits applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50093 of the California Health and Safety Code.
Pole Sign. A freestanding sign in excess of six feet in height which is detached from a building and is supported by one or more structural elements that are either: a) architecturally dissimilar to the design of the sign; or b) less than one-quarter the width of the sign face. Pole signs less than six feet in height are prohibited. See Figure 17.8017.300.020-176 (Pole sign). 206
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Figure 17.80300.020-176: Pole Sign
Political Sign. A sign erected prior to (and may exist after) an election to advertise or identify a candidate, campaign issue, election proposition or other related matters.
Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by means of wheels; A-frame signs; menu and sandwich board signs; and umbrellas used for advertising. Clothing or other aspects of personal appearance are not within this definition.
Projecting Sign. A sign attached to and extending outward from the face of a building. A projecting sign includes, but is not limited to, a blade sign, bracket sign, or marquee sign.
Push Pin Letter Sign. A sign comprised of individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting.
The "air space" between the letters is not part of the sign structure but rather the building facade.
See Figure 17.8017.300.020-187 (Push Pin Letter Sign).
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Figure 17.80300.020-187: Push Pin Letter Sign
CUPCAKES
Pylon Sign. A freestanding sign in excess of six feet in height that is detached from a building and is supported by one or more structural elements that are architecturally similar to the design of the sign. Pylon signs less than six feet in height are prohibited. See Figure 17.8017.300.020-198 (Pylon sign).
Figure 17.80300.020-198: Pylon Sign
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Qualifying Senior Resident. Senior citizens or other persons eligible to reside in a senior citizen housing development, as described in Section 51.3 of the California Civil Code.
Real Estate Sign. A temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent.
Related Equipment. All equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.
Reverse Channel Letter Sign. A sign comprised of individual letters that are independently mounted to a wall or other surface, with lights mounted behind the letters that face the wall behind. Lights illuminate the space around the channel letters rather than the channel letters themselves, creating a "reverse" lighting effect (e.g., halo effect). The "air space" between the letters is not part of the sign structure but rather the building facade. See Figure 17.8017.300.020-2019 (Reverse channel letter sign).
Figure 17.80300.020-2019: Reverse Channel Letter Sign
CUPCAKES
Right-of-Way Line. The future right-of-way line or plan lines of any highway or street as shown on the current circulation plan roadway system and sizing map of the city's general plan.
Roof Sign. A sign erected, constructed, painted or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure.
Satellite Earth Station (SES). A facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite. 209
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Senior Citizen Housing Development. A residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units and complies with the requirements of California Civil Code Section 51.3.
Setback. The minimum distance between a structure and a property line of the lot measured at a right angle from the designated property line. Sexually Explicit Nature. Means and includes an emphasis upon specified anatomical areas and specified sexual activities, including but not limited to the following:
1. Specified Anatomical Areas.
a. Less than completely and opaquely covered by fabric: (i) human genitals or pubic region; (ii) human buttocks; (iii) human anus; or (iv) the female breast below a point immediately above the top of the areola;
b. Human male genitals in a discernible turgid state, even if completely or opaquely covered by any type of fabric or covering, including natural or synthetic fibers and filaments, paper, metallic, or plastic materials; and
c. Any device, costume, or covering that stimulates any of the body parts included in subdivisions (a) through (b) above.
2. Specified Sexual Activities.
a. The fondling or other erotic touching of human genitals, pubic area, buttocks, anus, or female breast;
b. Sex acts, actual or simulated, including but not limited to, intercourse, oral copulation, or sodomy;
C. Masturbation, actual or stimulated;
d. Excretory functions as part of or in connection with any of the other activities described in subdivision (a) through (c) above.
Special Needs Population. Persons identified as having special needs related to any of the following:
1. Physical disabilities;
2. Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism;
3. The risk of homelessness; or
4. Persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by Section 5890 of the Welfare and Institutions Code.
Sign. Any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public. Notwithstanding the foregoing, the following do not fall within the definition of a "sign":
1. Interior Signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located at least three feet from the window on the interior of the structure; 210
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2. Architectural Features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
3. Symbols Embedded in Architecture. Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones;
4. Personal Appearance. Items or devices of personal apparel, decoration or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including commercial mascots);
5. Manufacturers' Marks. Marks on tangible products that identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
6. Fireworks, Candles, and Artificial Lighting. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this title;
Mass Transit Graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the City;
8. Vehicle and Vessel Insignia. As shown on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
9. Grave stones and grave markers;
10. News racks and newsstands;
11. Shopping carts, golf carts, and horse drawn carriages;
12. Vending machines that do not display offsite commercial messages or general advertising messages;
13. Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of-way;
14. Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year (per parcel or use) and which do not include commercial advertising messages.
Sign Face. That area or portion of a sign on which copy is intended to be placed.
Sign Ordinance. Chapter 17.42 (Signs on city property) of the lone Municipal Code.
Special Event Signage. Signage associated with a permitted special event at a City facility (e.g., Howard Park).
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
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Story, Half. A story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.
Street. A public thorough-fare which affords the principal means of access to abutting property.
Street Banner. A temporary secured banner to be located along or over designated streets or displayed on a utility pole located in a public right-of-way as approved by the city.
Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but does not include fences or walls used as fences less than six feet in height.
Subdivision Directional Sign. A temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the new home sale of multiple lots or dwelling units with a single builder within a master planned community, including both single-family and multi-family for sale products. All other home sales signs are included within the definition of real estate sign.
Subdivision, Permanent Identification Sign. A sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision. Such signs are of a permanent nature, usually constructed of long-lasting, weather-resistant materials such as stone or metal.
Supportive Services. Services that include, but are not limited to, a combination of subsidized. permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Target Population. Persons with low incomes who have one or more disabilities, including mental illness. HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, voung adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Target Unit. A dwelling unit within a qualifying housing development which will be reserved for sale or rent to, and affordable to, a specific income household, or qualifying senior residents.
Temporary Promotional Sign. Any flag displaying a commercial/promotional message, pennant, streamer, banner, beacon, bunting material, or other similar non-permanent sign made of paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed as freestanding, wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, or beacon, which is intended to be displayed for a limited period of time.
Temporary Sign. A structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools, and which is not intended or suitable for long term or permanent display (e.g., less than 120 days), due to the lightweight or flimsy construction materials. Examples include, but are not limited to, A-frame signs, banners, pennants, streamers, or similar non-permanent signs made of paper, cloth, canvas, light-weight fabric, or other non-rigid material, with or without frames.
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Tower. A mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. This definition includes ground-mounted structures 12 feet or greater in height and building mounted structures that extend above the roofline, parapet wall, or other roof screen with a mast greater than six inches in diameter supporting one or more antenna, dishes, arrays, or other associated equipment.
Traditional Public Forum. The traditional public forum areas in the City of lone shall specifically be Howard Park; the area outside of City Hall and the council chambers including that portion of Main Street in front of City Hall and that portion of North Church Street along City Hall between Main Street and Sutter Creek and including Train Park; and Heath Knoll at the intersection of Sutter Lane and Preston Avenue. In consultation with the city attorney, the city planner shall interpret this phrase in light of relevant court decisions.
Uniform Sign Program. An integrated, visual and/or written description of the signs to be placed on a building or grouping of buildings for the purpose of aesthetic uniformity in sign design, construction and placement.
Use. The purpose for which land or building is designed, arranged or intended, of for which either is or may be occupied or maintained.
Very Low Income Household. Households whose income does not exceed the qualifying income limits for very low income households applicable to Amador County, as published and periodically updated by the state department of housing and community development pursuant to Section 50105 of the California Health and Safety Code.
Void Rule. When the sign is composed of individual letters applied to the building without a distinctive background (e.g., channel letters), the area of the sign shall be measured as 75 percent of the area of the sign copy (height of the letters times the length of each line of letters, e.g., length x height × 75 percent). This practice shall be known as the void rule.
Wall Sign. A sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall.
Weekend Directional Stake Sign. A sign, customarily displayed on the weekends, measuring less than nine square feet in area, mounted on a wooden stake, and identifying the location and name of a new home sales location/subdivision.
Window Sign. Any sign, picture, letter, character or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from exterior of the window.
Wireless Communication Facility. Any device or system for the transmitting and/or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Facilities include antennas, microwave dishes, parabolic antennas and all other types of equipment used in the transmission and reception of such signals; structures for the support of such facilities, associated buildings or cabinets to house support equipment, and other accessory structures or development. A wireless communication facility is a type of telecommunications facility. 213
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Yard. An open space, other than a court, on a lot, unoccupied, and unobstructed from the ground upward, except as otherwise provided in this title. Types of yards include the following:
1. Yard, Front. A yard extending across the full width of the lot between the front of the main buildingprimary structure and the front lot line. The depth of the required front yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the front lot line.
2. Yard, Rear. A yard extending across the full width of the lot between the most rear main buildingprimary structure and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main buildingprimary structure toward the nearest point of the rear lot line.
3. Yard, Side. A yard between a building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the closest building.
4. Yard, Side Street. A yard, between a building and the side lot line adjacent to the street right-of-way, extending from the front yard to the rear yard. The depth of the required side street yard shall be measured horizontally between the nearest part of the closest building and the nearest point of the side lot line adjacent to the street.
Yard Area, Actual. The actual yard area of a lot is the horizontal area between the property line and a parallel line along the nearest structure located outside of the required setback area. See Figure
17.32.020-5 (Yard area).
Yard Area, Required. The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard pursuant to Article 4-LL (Zoning districts, allowable uses, and general development standards).
See Figure 17.8017.300.020-210 (Yard area.
Figure 17.80300.020-210: Yard area
Neighboring Neighboring
Property Property
Required
Yard Area
Neighboring Neighboring Neighboring
Property Property Praperty
Actual
Yard Area
Minimum. Mirtiturn
Strapt
Setback Setback
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(Ord. No. 497, § 2, 12-5-2017; Ord. No. 493, § 3, 7-18-17; Ord. No. 475 , § 3, 12-15- 2015; Ord. No. 455, § 10, 12-6-2011 ; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
Chapter 17.82,310 ALLOWED USE DEFINITIONS
17.82.310.010 Purpose.
The purpose of this chapter is to provide descriptions for each of the land use categories used in this title. Descriptions are grouped by general category on the basis of function, product, or compatibility characteristics as used in Article I! (Zoning districts, allowed uses, and development standards). (Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
17.82.310.020Allowed use definitions.
Accessory Dwelling Unit (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, and is located on a lot with a proposed or existing primary residence. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Adult Day Care Facility. State-licensed facilities that provide non-medical care and supervision for more than six adults for periods of less than 24 hours, with no overnight stays.
Adult Day Care Home. Defined by State law as the provision of non-medical care to six or fewer adults, including seniors, in the providers own home, for a period of less than 24-hours at a time.
Homes serving more than six adults are included in "adult day care facility." Adult Oriented Business. Any business that, for any form of consideration, as a regular and substantial portion of conduct offers its patrons products, merchandize, services, or entertainment that, because of its sexually explicit nature, may, pursuant to state law or local regulatory authority, be offered only to persons over the age of 18 years. A regular and substantial portion of conduct shall mean any of the following:
1. That 25 percent or more of the business's gross revenue is derived from merchandise, services, or entertainment that is of a sexually explicit nature;
2. That 25 percent or more of the floor space of the area of the building open to the public is used for the display of products, merchandise, services, or entertainment that is of a sexually explicit nature.
Agricultural Employee Housing. Housing accommodation or property that meets the definition of employee housing in California Health and Safety Code Section 17008 and is provided for use by agricultural employees, as defined by subdivision (b) of Section 1140.4 of the California Labor Code.
Agricultural Products Processing. The act of changing an agricultural crop after harvest, from its natural state to the initial stage of processing in order to prepare it for market and for further 215
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processing at an off-site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.
Agricultural Tourism. Establishments that cater to tourists and provide agricultural products either produced on the site or within the community. Such uses include but are not limited to wineries with tasting rooms and permanent road-side crop stands or fruit stands.
Airport. An airport is a facility where aircraft such as airplanes can take off and land. An airport minimally consists of one runway but other common components are hangars and terminal buildings. This includes the transference of freight from one aircraft to another, or from one aircraft to another type of vehicle, and all related ancillary activities. Transferring freight without the use of aircraft is included in "freight yard/truck terminal."
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.
Ambulance Service. Emergency medical care and transportation, including incidental sleeping quarters, storage, and maintenance of vehicles.
Animal Husbandry. Raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under "animal sales and grooming." Keeping of animals is defined separately under "animal keeping." Animal Keeping. Care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Article II (Zoning districts, allowable uses, and general development standards). This classification is distinct from "animal husbandry," "animal sales and grooming," and "equestrian facility" (commercial or hobby).
Also see "kennels, commercial," which provides for the boarding of animals (e.g. "doggie day-care").
1. Domestic Pets. Small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry. No more than any combination of small animals up to a maximum of five. More than five shall be considered a kennel (hobby or commercial).
2. Exotic Animals. Wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including potbelly pigs, snakes, reptiles, and large tropical birds (including peacocks).
3. Livestock Animals. Livestock refers to domesticated animals that may be kept or raised in pens, barns, houses, and pastures whether for commercial or private use. Livestock includes, but is not limited to cattle, sheep, swine, goats, equine, and fowl.
4. Poultry/Rabbits. Domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. Also includes rabbits.
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Animal Sales and Grooming. Retail sales of domestic and exotic animals, bathing and trimming services and boarding of said animals for a maximum period of 72 hours conducted entirely within an enclosed building with no outdoor use.
Auto and Vehicle Sales and Rental. Retail establishments selling and/or renting automobiles, trucks and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see "auto parts sales""), bicycle and moped sales (see "retail-general"), tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "recycling— scrap and dismantling Yards"), wholesale establishments selling vehicles and parts (see "auto and vehicle sales, wholesale"), dismantling of auto vehicles (see "auto vehicle Dismantling"), or "Service Stations," all of which are separately defined.
Auto and Vehicle Sales, Wholesale. Wholesale establishments selling new and used vehicles and used vehicle parts. This use is normally developed as part of an auto scrapping or dismantling yard.
Auto and Vehicle Storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreation vehicles. Does not include vehicle dismantling (see "Auto Vehicle Dismantling") or retail sales (see "Auto and Vehicle Sales, Wholesale").
Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories separate from an auto dealership. May also include minor parts installation (see "vehicle services"). Does not include tire recapping establishments (see "vehicle services"), businesses dealing exclusively in used parts (see "auto and vehicle sales, wholesale"), or the sale of auto parts/accessories as part of a vehicle dealership (see "auto and vehicle sales and rental").
Auto Vehicle Dismantling. Establishment for the dismantling of automobile vehicles, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of "auto and vehicle sales, wholesale." Banks and Financial Services. Financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATM).
Bars and Nightclubs. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g. music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include the brewing of beer as part of a brew pub or microbrewery.
Bars and nightclubs may include outdoor food and beverage areas.
Bed and Breakfast Inns. Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "hotels and motels." 217
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Broadcasting and Recording Studios. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings.
Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of "wireless communication facility."
Building Materials Stores and Yards. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready- mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "warehousing and distribution." Hardware stores are listed in the definition of "general retail stores," even if they sell some building materials. Also see "home improvement supplies" for smaller specialty stores.
Bus and Transit Shelters. A small structure designed for the protection and convenience of waiting transit passengers that has a roof and usually two or three sides.
Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to:
1. Equipment repair services (except vehicle repair, see "vehicle services");
2. Commercial art and design (production);
3. Computer-related services (rental, repair);
4. Copying, quick printing, and blueprinting services (other than those defined as "printing and publishing");
5. Equipment rental businesses within buildings (rental yards are "storage yards");
6. Film processing laboratories;
7. Heavy equipment repair services where repair occurs on the client site;
8. Janitorial services;
9. Mail advertising services (reproduction and shipping);
10. Mail box services other "heavy service" business services;
11. Outdoor advertising services; and
12. Photocopying and photofinishing.
Car Washing and Detailing. Permanent, drive-through, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive- related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day) are not part of this use classification and are governed by the provisions of Chapter
17.6617.220 (Temporary uses). See also "drive-in and drive-through sales and service." 218
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Caretaker Housing. A residence that is accessory to a site with a non-residential primary use, that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.
Cemeteries, Mausoleums. Land used for the burial of the dead, and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see "mortuaries and funeral homes." Check Cashing Business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose.
Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see "banks and financial services").
Child Day Care Facility. A State licensed facility which provides non-medical, care, protection and supervision, to more than 14 children under 18 years of age, on a less than 24-hour basis. Commercial or non-profit child day care facilities includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
Clubs, Lodges, and Private Meeting Halls. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic, social and fraternal organizations; labor unions and similar organizations political organizations; professional membership organizations and other membership organizations.
Community Centers/Civic Uses. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
Community Garden. A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by city residents.
Convenience Stores. Easy access retail stores of 5,000 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility. Also see "grocery store/supermarket" for larger stores or stores oriented towards the daily shopping needs of residents.
Crop Production. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site.
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Drive-in and Drive-through Sales and Service. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive through coffee, dairy product, photo stores, etc.
Dwelling, Multi-Family. A building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).
Dwelling, Second Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats.
Dwelling, Single Family. A building designed exclusively for occupancy by one family on a single lot.
This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.
Dwelling, Two-Family. An attached building (e.g. duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the general plan. Does not include second dwelling units (see "dwelling, second unit").
Dwelling, Three- and Four-Family. An attached building (e.g. triples or fourplex) designed for occupancy by three or four families living independently of each other, where all dwellings are located on a single lot.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to payAny facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.
Employee Housing. Preperty used temporarily er seasenallyHousing accommodation or property for use by employees that meets the definition of employee housing in California Health and Safety Code Section 17008. fer the residentia! use ef five or more unrelated persens/families employed te perform agricultural or industrial laber. The accommodations may censist ef any living quarters, dwelling, beardinghouse, tent, bunkhouse, mobile heme, manufactured heme, recreational vehicle, travel trailer, or other heusing accemmedations maintained in one or more buildings, er ene er mere sites, and the premises upen which they are situated, including area set aside fer parking of mobile homes or camping of five er mere employees by the employer. Concurrently, employee housing may alse invelve permanent residency if the housing accommodation is a mobile home, manufactured home, travel trailer, er recreational vehicle Equestrian Facility, Commercial. Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.
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Equestrian Facility, Hobby. Stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.
Equipment Sales and Rental. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g. construction equipment).
Family Day Care Home, Large. State licensed facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours within a single family residence. The occupant of the residence provides care and supervision generally for seven to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met. A large family davcare home, as defined by California Health and Safety Code Section 1596.78(b), is a residential use of property and shall be subiect to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the large family daycare home.
Family Day Care Home, Small. State licensed facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours within a single family residence. The occupant of the residence provides care and supervision generally to six or fewer children. As described in the California Health and Safety Code, small day care homes for children may provide services for up to eight children when specific conditions are met. A small family daycare home, as defined by California Health and Safety Code Section 1596.78(a), is a residential use of property and shall be subject to the same standards, including permitting requirements, that apply to residences of the same type in the same zone as the small family daycare home.
Freight Yard/Truck Terminal. An establishment where the primary activities are transferring freight from one vehicle to another and furnishing services incidental to motor freight, rail transportation, and other vehicles. This includes freight forwarding services; freight terminal facilities; joint terminal and service facilities; packing, crating, inspection, and weighing services; postal service bulk mailing distribution centers; transportation arrangement services; repair and storage of vehicles as ancillary activities; truck terminals; and trucking facilities. The transference of freight that involves aircrafts is included in "airport." Facilities and terminals for vehicles that transfer freight as an ancillary operation to mass transit is included "transit facilities" and "transit stations and terminals." The transfer and distribution of fuel is included in "fuel storage and distribution." Fuel Storage and Distribution. A large scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
Golf Courses/Clubhouse. Golf courses and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
Grocery Stores/Supermarket. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full service businesses do not typically have limited hours of operation. See separate, but related, listing for "convenience store."
Group Residential. Shared living quarters without separate kitchen and/or bathroom facilities for each room or unit. This classification includes residential hotels, dormitories, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared 221
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exclusively by a family. This category includes boarding houses, which are defined as a building other than a hotel or restaurant, where meals or lodging or both meals and lodging are provided for compensation for four or more persons.
Guest House. A detached structure accessory to a single family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
Heliports. A designated, marked area on the ground or the top of a structure where helicopters may land at any time.
Hog Farm, Commercial. Any premises used for the raising or keeping of hogs when raised, fed, and fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural and agricultural-residential zoning district, the term hog farm commercial does not exclude the raising of hogs as part of general agricultural practices and 4-H purposes (also see "animal keeping").
Home Improvement/Hardware Store. Establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a sub-category of the larger building materials stores and yards use classification and may be combined with or separate from such uses.
Home Occupations. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.
Hotels and Motels. Facility with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Also see "bed and breakfast inn."
Indoor Amusement/Entertainment Facility. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: dance halls and ballrooms, card rooms, and bowling alleys. Also includes uses that consist of four or more electronic games or coin- operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices; three or less electronic games or coin-operated amusements are not considered a land use separate from the primary use of the site.
Indoor Fitness and Sports Facilities. Predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alley, billiard parlor, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs and health clubs. This use does not include special studios not a part of an athletic or health club (eg. karate studio, dance studio, etc.). Also see "schools-private and special/studio." 222
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Junior Accessory Dwelling Unit (JADU). A residential dwelling unit that provides complete independent living facilities for one or more persons, is no more than 500 square feet in size, and is contained entirely within a single-family residence.
Kennels, Commercial. These facilities provide boarding of animals as the primary use of the facility.
May also include day-time boarding and activity for animals (e.g. "doggie day care") and ancillary grooming facilities. Also see "animal sales and grooming." Kennels, Hobby. Facility for the keeping, boarding or maintaining of five or more dogs (four months of age or older), or five or more cats. Excludes dogs or cats for sale in pet shops or patients in animal hospitals. This includes a kennel where the animals are owned or kept by the owner or occupant for personal, non-commercial purposes, including hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or for enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises.
Libraries and Museums. Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non-commercial in nature.
Live-Work Facility. A structure or portion of a structure:
1. That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household;
2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and
3. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.
Low-Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter. and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to. the following:
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Maintenance and Repair, Small Equipment. Establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.
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Manufactured Home. The California Health and Safety Code, Section 18007, defines a manufactured home as a structure that meets the following criteria:
1. Transportable in one or more sections;
2. When in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet;
3. Is built on a permanent chassis;
4. Designed to be used as a residential dwelling;
5. Erected with or without a permanent foundation when connected to the required utilities;
6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.
This term shall include any structure which meets all the requirements of this paragraph except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this part. "Manufactured home" includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Section 5401, et seq.). "Manufactured Home, Permanent" refers to a manufactured home on a foundation svstem, pursuant to California Health and Safety Code Section 18551. "Manufactured Home, Non- Permanent" means a manufactured home that is not affixed to a permanent foundation.
Manufacturing, Major. Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, plastics and rubber products manufacturing. Also see "manufacturing, minor" and "manufacturing, small scale." Manufacturing, Minor. Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on-site or on an adjacent site.
Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, food and beverage manufacturing, etc. Also see "manufacturing, major" and "manufacturing, small scale." Manufacturing, Small Scale. Establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also see "manufacturing, major" and "manufacturing, minor." Medical Services, Extended Care. Residential facilities providing nursing and health related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care Homes." Medical Services, General. Facility primarily engaged in providing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including: medical and dental laboratories, medical, dental and psychiatric offices, out-patient care facilities, other allied 224
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health service. Counseling services by other than medical doctors or psychiatrists are included under "offices."
Medical Services, Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of "retail, accessory") and emergency heliports.
Mobile Home. A transportable structure, which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (California Health and Safety Code Sections 18007 and 18008). A mobile home is included in the definition of manufactured home and the minimum dimensions for a mobile home are eight feet wide, 40 feet long, and a total area of 320 square feet.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.
Offices, Accessory. Offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single use development or the combined floor area of an integrated development for a mixed use project.
Offices, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g. insurance companies, utility companies), government agency and service facilities (eg. post office, civic center), professional offices (e.g. accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g. advertising, architectural, computer programming, photography studios). This use does not include medical offices (see "medical services"), temporary offices (see Chapter 17.6617.220 (Temporary uses)), or offices that are incidental and accessory to another business or sales activity that is the primary use (see "offices-accessory"). Outdoor storage of materials is prohibited.
Outdoor Commercial Recreation. Facility for various outdoor participant sports and types of recreation where a fee is charged for use (e.g. amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).
Park and Ride Facility. A designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.
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Parking Facility. Parking facility is a parking lot of parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the onsite parking requirements for the development are not included in this definition.
Parks and Public Plazas. Public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately-owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of "outdoor commercial recreation."
Personal Services. Establishments providing non-medical services as a primary use, including, but not limited to barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, massage parlors, laundromats (self-service laundries), shoe repair shops, and tailors.
These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.
Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in "business support services." Public Safety Facility. Facility operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
Qualified Streamlined Housing. A residential development required to be processed under a streamlined. ministerial process by State law and that meets all criteria and requirements of State law to be eligible for a streamlined, ministerial process.
Recreational Vehicle Parks. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
Recycling Facility, Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet.
This classification may include a mobile unit, kiosk-type units that may include permanent structures and unattended containers placed for the donation of recyclable materials. This also includes so- called "reverse vending machines"-automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the state.
Recycling Facility, Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, 226
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compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Collection of recycling materials as the sole activity is included in "recycling facility, collection."
Recycling Facility, Scrap and Dismantling. Uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see "auto vehicle dismantling" for related use for automobiles. Collection of recycling materials as the sole activity is included in "recycling facility, collection."
Religious Institutions. Facility operated by religious organizations for worship, or the promotion of religious activities (e.g. churches, mosques, synagogues, temples) and accessory uses on the same site (e.g. living quarters for ministers and staff, child day care facilities which where authorized in conjunction with the primary use. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (e.g. recreational camp) are classified according to their respective activities.
Research and Development. Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see "offices—business and professional"), soils and other materials testing laboratories (see "business support services"), or medical laboratories (see "medical services-clinics and labs").
Residential Care Facility. Consistent with the definitions of state law, a residential care facility is a facility that provides 24-hour non-medical care for more than six persons 18 years of age or older, er emancipated minors, with chronic, life threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.
Residential Care Home. Consistent with the definitions of state law, a residential care home is a home that provides 24-hour non-medical care for six or fewer persons 18 years of age or older, or emancipated miners, with chronic, life threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "medical services, extended care." The residents and operators of the facility shall be considered a family for the purposes of this title.
Residential care homes are subject to the same standards and requirements that apply to a dwelling unit of the same type (i.e., single family dwelling, a unit in a multifamily dwelling, and mobilehomes) in the same zone.
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Resource Protection and Restoration. Activities and management of an area to preserve, re-create and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, and floodwater conveyance.
Resource-Related Recreation. Facility related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers.
Restaurants. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.
Retail, Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes.
This use category also includes retail associated with industrial uses for the products sold, distributed or manufactured on site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed use project.
Retail, General. Stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on- site, sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.
Schools, Charter. A private school operating under a charter from the local school district providing primary/secondary education to students at the elementary, middle, or high school level and not managed directly by the governing body of the public school district (eg. school board).
Schools, Private and Special/Studio. Includes private educational institutions (e.g. boarding schools, business, secretarial, and vocational schools, colleges and universities, establishments providing for courses by mail or on-line) and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, (e.g. fitness training studios, gymnastics instructions and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see "indoor fitness and sports facilities."
Schools, Public. Public educational institutions such as community colleges, universities, elementary, middle/junior high schools, high schools, and military academies.
Service Station. A retail business selling gasoline or other motor vehicle fuels. Vehicle services which are incidental to fuel services are included under "vehicle services, minor." 228
Preliminary DRAFT Title 17 - Zoning
Single Room Occupancy (SRO) Facilities. Multi-unit housing for very low income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages.
Subsidized versions may be supervised by a government housing agency.
Smoke Shops. An establishment that either devotes more than 15 percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a two foot by four foot section of shelf space for display for sale of smoking, drug, and/or tobacco paraphernalia.
Storage, Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
Storage, Warehouse. Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "storage, personal storage facility") or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "wholesaling and distribution").
Storage, Yards. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
Supportive Housing. Housing with no limit on lenath of stay. that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the communityA combination of affordable housing and services.
Suppertive housing is typically for individuals and families confronted with homelessness and whe alse have very low incomes and/er serious, persistent issues that may include substance abuse, addictien, or alcohelism, mental illness, HIV/AIDS, or ether serious life challenges. Supportive housing can be coupled with such social services as job training, life skills training, alcehel and drug abuse programs, and case management to populations in need of assistance, including the developmentally disabled, these suffering from dementia, including Alzheimer's disease, and the frail elderly.
Tattoo Parlors. Any establishment that engages in the business of tattooing and/or branding human beings.
Theaters and Auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g. civic theaters, facilities for "live" theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see "outdoor commercial recreation."
Thrift and Consignment Stores and Pawn Shops. Includes any establishment, as a regular and substantial portion of conduct, sells secondhand goods that are donated or provided by the public.
Includes any establishment in which the business of pawn brokering, or the business of lending noney upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. A regular and substantial portion of conduct shall mean that 25 percent 229
Preliminary DRAFT Title 17 - Zoning
or more of the establishment's gross revenue is derived from secondhand goods, or that 25 percent or more of the floor space of the area of the building is used for the display of secondhand goods.
Transit Facilities. Maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc.
Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems.
Transitional Housing. Includes both:
1. Housing with supportive services for up to 24 months that is exclusivelv desianated and targeted for recentlv homeless persons. Transitional housina includes self-sufficiency development services, with the ultimate goal of movina recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to- pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons.
2. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.Housing containing sleeping, kitchen, and bathroom facilities that are used te ease the transition of homeless individuals to independent living within 24 months. Usually provided with supportive services to assist in finding and keeping permanent housing Utility Facility and Infrastructure. Includes the following:
1. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages.
These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in "offices"), or equipment and material storage yards.
2. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits.
Vehicle Services, Major. The repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments. 230
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Vehicle Services, Minor. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see "auto and vehicle sales") or automobile dismantling yards, which are included under "recycling-scrap and dismantling yards." Veterinary Facility. Veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.
Wireless Communication Facility. Facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including transmission tower, antenna, and or other facility designed or used for that purpose.
Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not "wireless communication facilities."
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
(Ord. No. 497, § 3, 12-5-2017; Ord. No. 493, § 3, 7-18-17; Ord. No. 475, § 5, 12-15- 2015; Ord. No. 435, § 3, 7-20-2010; Ord. No. 430, § 2, 10-20-2009; Ord. No. 423, § 2, 4-21-2009)
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Agenda Item #5
DATE: February 15, 2022
TO: Mayor and City Council Members
FROM: Michael Rock, Interim City Manager
SUBJECT: Adoption of Resolution No. 2022-D3: Approving the City of lone-lone Police Officer's Association Memorandum of Understanding for the period July 1, 2021-June 30, 2024
RECOMMENDED ACTION:
Staff is recommending the Council adopt Resolution No. 2022-D3: Approving the City of lone-lone Police Officer's Association Memorandum of Understanding.
FISCAL IMPACT:
The IPOA MOU will increase the wage scale for police officers by 2 percent July 1 of 2021, 2% July 1, 2022, and 2% July 1 of 2023. The increase in cost to the City General Fund Budget in FY 2021-22 for total compensation is: $36,000.
BACKGROUND:
The current IPOA MOU expired on June 30, 2021. The City's appointed negotiator, Interim City Manager Michael Rock, met five times over many months with the IPOA Labor Relations Consultant (Mark Bartley) and with the IPOA President (Alfonso Casias) and Vice President (Michael Damiano) and negotiated the successor agreement.
The IPOA MOU increases base pay by 2% per year for the three years of the new MOU and creates two new merit steps worth 5% each.
There were no other changes to the MOU. All other compensable items in the MOU remain unchanged. This includes health care benefits, education reimbursements, clothing allowance and others.
Attachments:
Copy of the City of lone-lone Police Officer's Association Memorandum of Understanding
RESOLUTION NO. 2022-Cź:
A RESOLUTION OF THE CITY COUNCIL APPROVING THE CITY OF IONE-IONE
POLICE OFFICER'S ASSOCIATION MEMORANDUM OF UNDERSTANDING WHEREAS, representatives of the City of lone (hereinafter referred to as the "City") and the brePolice Officer's Association (hereinafter referred to as the "POA") met and conferred ngood faith on wages, hours, and other terms and conditions of employment; and,
WHEREAS, the City and the IPOA did reach agreements on wages, hours and otherterms and conditions of employment in compliance with the provisions of Section 3500 et seq. of the Government Code of the State of California; and,
WHEREAS, based on the forgoing, a Memorandum of Understanding by and between the Oyand the IPOA was agreed to covering a period of July 1, 2021, to June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of lone, as follows:
Section 1. The City Council hereby finds that the forgoing recitals are true and correct.
Section 2. The City Council hereby adopts Resolution No. 2022-_: A Resolution of the City Council of the City of lone Approving the City of lone- lone Police Officer's Association Memorandum of Understanding and the accompanying agreement attached asExhibit A.
The foregoing resolution was duly introduced and adopting by the City Council of the Cityof lone at their regular meeting held on February 15, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Dan Epperson, Mayor
Attest:
Janice Traverso, City Clerk
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE APPROVING
THE CITY OF IONE-IONE POLICE OFFICER'S ASSOCIATION
MEMORANDUM OF UNDERSTANDING
WHEREAS, representatives of City of lone (hereinafter referred to as the City") and the Ione Police Officer's Association (hereinafter referred to as the "Association") met and conferred in good faith on wages, hours, and other terms and conditions of employment; and WHEREAS, the City and the Association did reach agreements on wages, hours and other terms and conditions of employment in compliance with the provisions of Section 3500 et seq. of the Government Code of the State of California; and
WHEREAS, based on the foregoing, a Memorandum of Understanding by and between the City and the Association was agreed to covering a period of July 1, 2021, to June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of lone, as follows:
Section 1. The City Council hereby finds that the forgoing recitals are true and correct.
Section 2. The City Council hereby adopts Resolution No. 2022- - A Resolution of the City Council of the City of lone Approving the City of Ione-Jone Police Officer's Association Memorandum of Understanding and that agreement as attached as Exhibit A.
The foregoing resolution was duly introduced and adopting by the City Council of the City of lone at their regular meeting held on February 15, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Dan Epperson, Mayor
Attest:
Janice Traverso, City Clerk
City of lone and lone Police Officers Association MOU
July 1, 2021 —June 30, 2024
Table of Contents
ARTICLE 1 — ADMINISTRATIVE 1
SECTION 1: PREAMBLE TO MEMORANUM OF UNDERSTANDING 1
SECTION 2: RECOGNITION 1
SECTION 3: COMPLIANCE WITH APPLICABLE LAWS 1
SECTION 4: NO DISCRIMINATION 2
SECTION 5: MANAGEMENT RIGHTS 2
SECTION 6: EMPLOYEE RIGHTS 3
SECTION 7: POLICE DEPARTMENT POLICY MANUAL 3
SECTION 8: ASSOCIATION SECURITY (AGENCY SHOP) 3
SECTION 9: SHOP STEWARDS 5
SECTION 10: CITY COUNCIL APPROVAL 5
SECTION 11: TERM OF MEMORANDUM OF UNDERSTANDING 5
SECTION 12: SEVERABILITY
SECTION 13: FULL UNDERSTANDING / BINDING / WAIVER 6
SECTION 14: CONTRACT RE-OPENER 6
SECTION 15: DEFINITIONS
ARTICLE 2 — WAGES AND OTHER COMPENSATION 9
SECTION 1: WAGES 9
SECTION 2: MERIT INCREASES 9
SECTION 3: WORK SCHEDULES AND OVERTIME
SECTION 4: HOLIDAY PAY 10
SECTION 5: CALL BACK 10
SECTION 6: COURT APPEARANCES 11
SECTION 7: EDUCATIONAL AND P.O.S.T. CERTIFICATION PAY
00011721.1 1
SECTION 8: SPECIAL ASSIGNMENT PAY 13
SECTION 9: LONGEVITY PAY 15
SECTION 10: TEMPORARY ASSIGNMENTS AND PROMOTIONS 15
SECTION 11: UNIFORM ALLOWANCE
SECTION 12: SOCIAL SECURITY AND MEDICARE (FICA) 16
SECTION 13: MEDICAL INSURANCE ALLOWANCE 16
SECTION 14: DENTAL, VISION AND LIFE INSURANCE CONTRIBUTIONS 17 SECTION 15: RETIREMENT CONTRIBUTIONS 17
SECTION 16: SICK LEAVE PAYOUT 18
SECTION 17: WORKERS' COMPENSATION (Wages in lieu of pay) 18 SECTION 18: PER DIEM TRAVEL REIMBURSEMENT 19
ARTICLE 3 - LEAVE POLICIES 21
SECTION 1: VACATION LEAVE 21
SECTION 2: SICK LEAVE 22
SECTION 3: CATASTROPHIC LEAVE BANK 24
SECTION 4: BEREAVEMENT LEAVE 24
SECTION 5: HOLIDAYS
SECTION 6: COMPENSATORY TIME OFF 26
SECTION 7: MILITARY LEAVE 26
SECTION 8: JURY DUTY 26
SECTION 9: CALIFORNIA FAMILY RIGHTS ACT (CFRA) LEAVE 27 SECTION 10: TIME OFF TO VOTE 27
SECTION 11: LEAVE OF ABSENCE WITHOUT PAY 27
SECTION 12: DENIAL OF LEAVE DURING JOB ACTION OR EMERGENCY 29 ARTICLE 4 - INSURANCE PROGRAMS 30
SECTION 1: MEDICAL INSURANCE PROGRAM 30
SECTION 2: RETIREE MEDICAL INSURANCE (Vesting Schedule) 30 SECTION 3: DENTAL AND VISION INSURANCE PROGRAMS 31
SECTION 4: TERM LIFE INSURANCE 31
SECTION 5: LONG & SHORT-TERM DISABILITY INSURANCE 31
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SECTION 6: EMPLOYEE ASSISTANCE PROGRAM 31
ARTICLE 5 - RETIREMENT 32
SECTION 1: COMPLIANCE WITH CALPERS REGULATIONS 32
SECTION 2: RETIREMENT PLANS FOR CURRENT EMPLOYEES 32
SECTION 3: RETIREMENT FOR EMPLOYEES HIRED
AFTER JUNE 30, 2014 33
SECTION 4: RETIREMENT COST SHARING 33
ARTICLE 6 - GRIEVANCES AND APPEALS 34
SECTION 1: PURPOSE AND STANDARDS 34
SECTION 2: INITIATION OF A GRIEVANCE 35
SECTION 3: GRIEVANCE PROCESSING AND APPEALS 36
SECTION 4: MEDIATION 37
SECTION 5: BINDING ARBITRATION 38
ARTICLE 7 - DISCIPLINARY ACTIONS AND APPEALS 41
SECTION 1: PURPOSE AND STANDARDS 41
SECTION 2: DISCIPLINARY ACTION 42
SECTION 3: DISCIPLINARY APPEALS 44
SECTION 4: MEDIATION 45
SECTION 5: BINDING ARBITRATION 45
ARTICLE 8 - MISCELLANEOUS PROVISIONS 46
SECTION 1: PATROL VEHICLE USE 46
SECTION 2: NO STRIKE / NO LOCKOUT 47
SECTION 3: SAFETY PRACTICES AND EQUIPMENT 47
SECTION 4: PAST PRACTICES 48
SECTION 5: DEFERRED COMPENSATION PROGRAM 48
SECTION 6: PROBATIONARY PERIOD AND PERFORMANCE EVALS 48 SECTION 7: JOB VACANCIES AND TRANSFERS 49
SECTION 8: SENIORITY POLICY 50
SECTION 9: LAYOFF AND RE-EMPLOYMENT 51
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SIGNATURE PAGE 53
APPENDIX A - WAGE AND SALARY SCHEDULE
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THIS PAGE INTENTIONALLY LEFT BLANK
00011721.1 5
MEMORANDUM OF UNDERSTANDING ON WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT
July 1, 2021 — June 30, 2024
ARTICLE 1 - ADMINISTRATIVE
SECTION 1: PREAMBLE TO MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into between the CITY OF IONE, CALIFORNIA (hereinafter referred to as the "City") and the IONE POLICE OFFICER'S ASSOCIATION (hereinafter referred to as the "Association") to provide for the wages, hours, and other terms and conditions of employment of those employees in the classes of Police Sergeant and Police Officer,
The City and the Association hereby restate their joint commitment to the achievement and maintenance of a relationship built on open communication which fosters the equitable resolution of the concerns of each party regarding wages, hours and other terms and conditions of employment.
SECTION 2: RECOGNITION
The City recognizes the lone Police Officer's Association as the exclusive representative for the purposes of establishing wages, hours and other terms and conditions of employment for regular employees performing Peace Officer duties in the lone City Police Department employed in the classifications of Police Officer and Police Sergeant.
Additional position classifications may be added or deleted by mutual agreement in writing between the Association and the City Manager.
The City shall recognize the Association as the exclusive bargaining representative for employees in any other non-management classification that may be established substantially within the scope of the duties now included within the above-referenced classifications. On an as-needed basis, the City Manager, or his/her designated representative, and the Association shall meet for the purpose of assigning any other newly created non-management classification(s) to the bargaining unit. Such placement shall be by mutual consent. In case of disagreement, an Arbitrator shall decide the matter.
Selection of the Arbitrator shall be in accordance with Article 6, Section 5 of this MOU.
The findings and conclusions of the Arbitrator shall be binding upon the Parties.
SECTION 3: COMPLIANCE WITH APPLICABLE LAWS
This Memorandum of Understanding complies with the provisions of Section 3500 et seq. of the Government Code of the State of California in that the Employer and 00011721.1 1
Employee representatives did meet and confer in good faith and did reach agreement on those matters within the scope of representation. The Parties agree to comply with all applicable provisions of the Meyers-Milias-Brown Act, Fair Labor Standards Act, and the California Peace Officer's Bill of Rights as well as all other pertinent Federal and State laws.
This Memorandum of Understanding shall not in any way interfere with the obligation of the Parties hereto to comply with State and Federal law or of any rule, legislation, regulation or order issued by such controlling government authority pertaining to the matters covered herein.
SECTION 4: NO DISCRIMINATION
In accordance with Federal and state laws and City policy, the City and the Association agree that each shall not discriminate in any aspect of employment or membership based on political affiliation, race, religious creed, color, national origin, ancestry, sex, marital status, sexual orientation, age, medical condition or physical disability. The Parties further agree not to discriminate against any employee because of membership or non- membership activity on behalf of the Association. Each Party accepts its responsibility to conduct their activities in order to create a work environment free of discriminatory activities.
SECTION 5: MANAGEMENT RIGHTS
The City reserves, retains and is vested with any management rights not expressly granted to the Association by this Memorandum of Understanding. These Management rights include, but are not limited to, the right to:
• Determine and modify the organization of City government, its constituent work units and the technology of performing its work.
• Determine the nature, standards, location, levels and mode of delivery of City services.
• Contract, sub-contract or utilize volunteers for work performed for the City as deemed appropriate for the efficient operation of the city. • Determine the methods, means, number and kind of personnel by which service are provided
• Direct the workforce, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee.
• Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons subject to the Layoff Policy.
• Determine the location of all work assignments and facilities. • Establish, modify, or change work schedules, standards or procedures. 2 • Establish, modify, assess, implement and enforce employee performance, safety and training standards.
• Take all necessary actions to carry out its mission in emergencies.
No arbitrator shall have the authority to diminish any of the City rights included in this section.
Any agreement by the City to meet and confer or meet and consult over the effect of the exercising of a management right shall not in any way impair the right of the City to exercise and implement any of its rights.
SECTION 6: EMPLOYEE RIGHTS
The rights of employees in the bargaining unit and of the Association are limited to those specifically set forth in this Memorandum of Understanding. The City retains all authority, powers, privileges and rights not specifically limited by the terms of this Memorandum of Understanding.
SECTION 7: POLICE DEPARTMENT POLICY MANUAL
It is agreed that if any item in the Police Department Policy & Procedure Manual is in conflict with this Memorandum of Understanding, the MOU shall take precedence. All other provisions of the Manual will remain in full-force and effect. It is further agreed that if any item becomes an issue, both Parties agree to meet and resolve any discrepancies.
C. City Held Harmless.
The Association shall indemnify and hold the City harmless from any loss, claim, liability or expense (including without limitation the City's attorneys' fees and costs) arising from or related in any manner to the payment of service fees and costs or any other terms of this Agency Shop provision. It is also agreed that neither any employee nor the Association shall have any claim against the City for any deduction made or not made, unless a written claim of error is submitted to the City Manager, or his/her designated representative, within thirty (30) calendar days after the date such deduction was or should have been made.
D. Notification / Service Fee Collection.
It shall be the City's responsibility, once notified by the Association of the amount of the service fee as determined by the Association, to provide the Association with a list of all persons in the bargaining unit, and their addresses in order that the Association can notify such individuals of their obligations under this Agreement, and pursuant to Government Code Section 3502.5. Thereafter, service fees from non-members shall be collected by payroll deductions and distributed to the Association on a monthly basis. The Association will be notified no later than thirty (30) days after the event of any additions or deletions of the names of persons as employees in the bargaining unit to whom this provision is applicable.
E. Financial Reporting
As currently required by Government Code Section 3502,5(d), the Association shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and to all members of the bargaining unit, within sixty (60) days after the end of the Association fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by the Association President and Treasurer, or corresponding principal officer, or by a certified public accountant. If the Association is required to file financial reports under the Labor Management Disclosure Act of 1959 covering employees in the bargaining unit, or is required to file financial reports pursuant to Government Code Section 3546.5, it may satisfy the financial reporting requirements of this Section by providing the City with a copy of such financial reports, in the event that case law, or subsequent legislation, amends these requirements, this Section shall be deemed amended to conform thereto. 4 SECTION 9: SHOP STEWARDS
The City recognizes the need and affirms the right of the Association to designate One (1) shop steward and an alternate from among the employees in the unit. It is agreed that the Association in appointing such shop stewards does so for the purpose of promoting an effective relationship between supervisors and employees by helping to settle problems at the lowest level of supervision.
The shop steward recognizes the fact that the supervisor is the key person for the City and, as such, is responsible to higher management for the quality and quantity of work.
As the Supervisor is the key person for management, the shop steward is the key person for the Association. They must promote and maintain good morale and friendly relations and must be willing to meet in good faith to settle grievances as they arise, exercising a positive approach. There must be mutual respect on both sides in these relations.
The Association shall reserve the right to designate the method of selection of shop stewards. The Association shall notify the City in writing of the names of the stewards.
The shop steward understands that his/her stewardship function does not relieve him/her from conforming to all rules of conduct and standards of performance established by law, regulation, City or department policy, or Memorandum of Understanding.
If a worker has a grievance and wishes to discuss it on City time with a designated steward, a reasonable amount of time shall be granted the worker and steward to handle the investigation of the grievance.
The Parties agree that in handling grievances, the worker and the steward will use only the amount of time necessary to handle the grievance. When such investigation takes place on City time and requires more than fifteen (15) minutes to discuss the prior approval of the Police Chief, or his/her designated representative shall be required, SECTION 10: CITY COUNCIL APPROVAL
It is expressly understood that this Memorandum of Understanding is of no force or effect until approved by the City Council of the City of lone.
SECTION 11: TERM OF MEMORANDUM OF UNDERSTANDING
This MOU incorporates all modifications regarding wages, hours, and other terms and conditions of employment. This MOU shall be effective as of July 1, 2021 and shall terminate June 30, 2024.
5 SECTION 12: SEVERABILITY
If, during the term of this Memorandum of Understanding, there exists any applicable law, rule, regulation, or order issued by governmental authority other than the City which shall render invalid or restrain compliance with or enforcement of any provision of this agreement, such provision shall be immediately suspended and be of no effect thereunder so long as such law, rule, regulation or order shall remain in effect. Such invalidation of a provision of this agreement shall not invalidate any remaining provisions, which shall continue in full force and effect.
In the event of such severance of a provision of this Memorandum of Understanding, the City and the Association shall, within thirty (30) days of a request by either Party, recommence meeting and negotiating upon a replacement, if any, for such severed provision.
SECTION 13: FULL UNDERSTANDING / BINDING / WAIVER
This MOU sets forth the full and entire understanding of the Parties regarding the matters set forth herein. Any prior or existing understanding or agreements by the Parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Except as specifically provided herein, it is agreed and understood that both Parties voluntarily and unqualifiedly waive their rights and agree that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this MOU, unless otherwise specified herein.
Except as provided herein, it is agreed that this MOU is binding on the Parties and that it cannot be modified, changed, or altered in any way except by mutual consent. The Parties agree that this MOU shall be construed as though neither Party is the drafter.
The waiver of any breach, term, provision or condition of this MOU by either Party shall not constitute a precedent in the future enforcement of any or all of the terms, provisions or conditions contained in the MOU.
SECTION 14: CONTRACT RE-OPENER
Except as provided herein, the City and the Association may, by mutual agreement only, re-open any section of this MOU for discussion or meet and confer. Any supplemental agreement reached by mutual agreement shall be reduced to writing and amended to the contract in the form of a Side Letter of Agreement or by an Addendum to the MOU.
In the event the City Council adopts a resolution declaring a Fiscal Emergency within the City due to lack of funds, extraordinary unanticipated costs and/or natural or environmental disaster, the Parties agree to re-open the MOU on all items that may assist the City in reducing costs.
SECTION 15: DEFINITIONS
AA/AS - Associate of Arts Degree / Associate of Science Degree issued by an accredited college or university
BA/BS - Bachelor of Arts Degree Bachelor of Science Degree issued by an accredited college or university
Base Pay or Base Wages - Those wages indicated as Appendix A, exclusive of any additional compensation
Call back - When a supervisor requires an employee to report to Work when such employee is off duty and is not on an assigned shift for that day or when an employee is required to work during the period that begins one (1) hour after the employee has left work and ends one (1) hour before the employee is scheduled to begin his/her next assigned shift
City Manager - The person employed by the City Council as the Chief Executive Officer of the City
Classic Member - All CaPERS retirement program members that do not fit the definition of a "new member"
Classification - All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and wages
Continuous Service - uninterrupted employment with the City without a break due to a termination, leave of absence without pay for more than fourteen (14) days and/or layoff.
Day - Calendar day unless expressly stated otherwise
Day - Calendar day unless expressly stated otherwise.
Demotion - The movement of an employee from one classification to another classification having a lower maximum base rate of pay
Department Head - The highest management employee in a City Department having management and supervisory responsibility for the department budget and employees Immediate Family Member - Such persons consisting of the employee's parents and grandparents (natural, adoptive, foster, by marriage or legal guardians), current spouse, registered domestic partner, children and grandchildren (natural, adoptive, foster, or by marriage or domestic partnership), parents-in-law (or by domestic partnership), siblings, and siblings-in-law (or by domestic partnership)
Layoff - The separation of employees from the active work force due to lack of work or 7 funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes
New Member- an employee of the City who is either (1) A new hire who is brought into CaPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any other California public retirement system; or (2) A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system; or (3) A member who established CalPERS membership prior to January 1, 2013, and who is hired by the City after January 1, 2013, after a break in service of greater than six months PEPRA - The Public Employees' Pension Reform Act of 2013 (Government Code Sections 7522 et seq.)
Police Chief -The appointed department head of the Police Department P.O.S.T Certification - The issuance of a Certificate by the Commission on Peace Officer's Standards and Training of the State of California that sets minimum selection and training standards for California law enforcement
Promotion - The movement of an employee from one classification to another classification having a higher maximum base rate of pay Qualifying Wages - those wages earned by an employee subject CaPERS contributions or FICA taxes
Regular Employee - a person who is employed by the city in a regular position and is a member of the bargaining unit
Regular Position - a budgeted city position of 75% or more of fulltime (2080 hours or more annually) that is not temporary or intermittent
Work Day or Working Days - A day that the city offices are open to the public, exclusive of weekends and holidays
8 ARTICLE 2. WAGES AND OTHER COMPENSATION
SECTION 1: WAGES
Wages effective during the term of this MOU shall be those indicated in APPENDIX "A" attached hereto and made a part thereof.
Effective the first payroll period commencing on each July, with retro active pay back to July 1, 2021, during the term of this MOU, the "base wages" of each affected employee shall be increased in accordance with the above stated APPENDIX "A" which reflects percentage increases as follows:
July 1, 2021 - 2%
July 1, 2022 - 2%
July 1, 2023 - 2%
SECTION 2: MERIT INCREASES
The Wage and Salary Schedule as provided in APPENDIX "A" consists of five (5) steps (Steps 1 thru 5) indicating the minimum and maximum base pay for the classifications indicated and includes a pay differential of approximately five percent (5%) between each step. Probationary employees will advance from the step at appointment to the next pay step based upon successful completion of the probationary period as determined by the Police Chief or his/her designated representative. Permanent employees will only advance to the next pay step based on one (1) full year of satisfactory service in their current step. "Satisfactory Service" shall be determined by the Police Chief, or his/her designated representative and a merit increase shall only be granted based upon the achievement of a "satisfactory" or better performance appraisal on the employee's most recent performance evaluation. In no case shall an employee exceed the maximum step.
SECTION 3: WORKSCHEDULES AND OVERTIME
A. Work Schedules.
The scheduling of employees (i.e. shifts and/or days off) and assignment of work shall be the sole responsibility of the City. The normal work period for regular employees performing Peace Officer duties shall be as follows:
1. Pursuant to 29 USC §207(k), for patrol duties the work period shall consist of seven (7) work days of twelve (12) hour shifts per work day during the fourteen (14) day bi-weekly pay period and shall consist of eighty-four (84) hours of time worked. Every reasonable effort will be made to minimize employees working more than four (4) consecutive days.
9 2. Pursuant to 29 USC §207(k), for other types of specialized duties the Police Chief may assign alternate work periods that may include, but not be limited to: eight (8) work days of ten (10) hour shifts per work day during the fourteen (14) day bi-weekly pay period; ten (10) work days of eight (8) hour shifts per work day during the fourteen (14) day bi-weekly pay period; or other hybrid work periods as may be designated. The work period shall consist of no more than eighty-four (84) hours of time worked.
3. All work days for employees shall be inclusive of a 30 minute paid meal period and breaks.
Nothing in this section shall preclude the Police Chief, or his/her designated representative, from altering the work schedule of any or all employees to meet the needs to the City or to accommodate an employee request.
B. Overtime
All time worked up to eighty (80) hours during the fourteen (14) day bi-weekly pay period will be paid at the straight time rate. Any and all Subsequent hours worked during the pay period shall be paid at the overtime rate of one and one-half (1.5) times the straight time rate for employees.
SECTION 4: HOLIDAY PAY
A. Pay For Holidays Not Taken.
Employees shall receive Holiday Pay for those holidays indicated under Article 3, Section 5 of this MOU provided they were not taken or used during the calendar year. The holiday pay will be issued on a separate check from the employee's regular pay once per year between December 1 and December 15. Each holiday shall be considered eight (8) hours at the employee's current straight time rate of pay.
SECTION 5: CALL BACK
Employees called back to work by the City during the period that begins one (1) hour after the employee has left work and ending one (1) hour before the employee is scheduled to begin his/her next regular shift shall receive three (3) hours pay at time and one half (1.5) or the actual time Worked at time and one half (1.5), whichever is greater.
An employee who is required to return to work a second time within four (4) hours of time worked under the call-back policy shall not receive an additional three (3) hours minimum pay for such second callback, but shall be compensated for actual time worked at time and one half (1.5).
10 SECTION 6: COURT APPEARANCES
An employee required to appear as a court witness when not on an assigned shift shall receive three (3) hours pay at time and one half (1.5) or the actual time worked at time and one half (1.5), whichever is greater.
SECTION 7: EDUCATIONAL AND P.O.S.T. CERTIFICATION PAY A.
Educational Cost Reimbursement.
Employees pursuing college-level classes and/or specialized training/coursework Outside of normal working hours that provides a benefit to the City shall be eligible for Educational Cost Reimbursement. Such Educational Cost Reimbursement shall be subject to all of the following conditions, limitations and restrictions:
1. The class shall provide general or specific benefit to the City with such determination to be made solely by the City Manager, or his/her designated representative. All classes and institutions shall require the prior written approval of the City Manager, or his/her designated representative.
2. Such classes shall be through an accredited institution of higher education recognized by the City and have the equivalent of two (2) or more semester unit credits, or equivalent quarterly units.
3. All participation and work assignments associated with the class shall be on the employee's time-off and shall not include mandatory training for Post Certification and/or any specialized training paid for or reimbursed by the City.
4. The employee shall attain a "C" average or higher, or the equivalent numerical grade. In the event no formal grade is provided, the employee must receive a grade of "Pass".
5. Within ninety (90) days after completion of the class the employee must submit a claim for Educational Cost Reimbursement with supporting documentation to the Police Chief. Such supporting documentation shall include, but not limited to, course transcripts, receipts for tuition, fees, books and/or other direct costs for participation in the class. The Police Chief shall forward the information to the City Manager, or his/her designated representative, for his/her determination. Such determination shall be final and binding. An employee's failure to submit a complete claim within the ninety (90) day time period indicated shall result in a waiver by the employee of any and all educational cost reimbursement for that class.
6. Upon approval of the educational cost reimbursement claim the City shall issue a check to the employee.
11 7. The educational cost reimbursement shall have a maximum cap of two thousand dollars ($2,000) per year per employee regardless of the number classes Completed. Classes may not be carried over from one calendar year to the next and the City will not provide reimbursement for any incidental costs such as transportation, travel, internet access and the like.
B. Education and P.O.S.T. Certification Designation and Compensation.
Employees are encouraged by the City to attain levels of education and/or P.O.S.T. certification above the minimum requirements of their classification. Employees achieving the corresponding levels shall be designated and receive additional compensation as a percentage of base wages as follows:
• Level 1 (a) - P.O.S.T. intermediate Certificate or AA/AS Degree: two and one-half percent (2.5%)
• Level 1 (b) - P.O.S.T. intermediate Certificate and AA/AS Degree: five percent (5%)
• Level 2(a) - P.O.S.T. Advanced Certificate or BA/BS Degree: five percent (5%) • Level 2 (b) - P.O.S.T. Advanced Certificate and AA/AS Degree: seven and one- half percent (7.5%)
• Level 3 (a) - P.O.S.T. intermediate Certificate and BA/BS Degree; seven and one-half percent (7.5%)
• Level 3 (b) - P.O.S.T. Advanced Certificate and BA/BS Degree: ten percent (10%)
• Level 4 (a) Police Sergeant Only - P.O.S.T. Advanced Certificate or AA/ AS Degree: two and one-half percent (2.5%)
• Level 4 (b) Police Sergeant Only - P.O.S.T. Advanced Certificate and AA/AS Degree: five percent (5%)
• Level 4 (c) Police Sergeant Only - P.O.S.T. Supervisory Certificate or BA/BS Degree: five percent (5%)
• Level 4 (d) Police Sergeant Only - P.O.S.T. Supervisory Certificate and AA/AS Degree: seven and one-half percent (7.5%)
• Level 4 (e) Police Sergeant Only - P.O.S.T, Advance Certificate and BA/BS Degree: seven and one-half percent (7.5%)
• Level 4 (f) Police Sergeant Only - P.O.S.T. Supervisory Certificate and BA/BS Degree: ten percent (10%)
C. Limitations on Education and P.O.S.T. Certification Pay.
The City reserves the right to determine what level of additional compensation an employee qualifies for under this section with such determination to be made solely by the City Manager, or his/her designated representative. The employee shall provide 12 such supporting documentation as requested which may include, but not be limited to, certified college transcripts, P.O.S.T. certificates and other such documents, receipts or correspondence that will allow for a thorough evaluation of the employee's eligibility.
Eligibility for college degrees shall require that the AAAS or BA/BS degree come from an "accredited college." College accreditation shall be by a national or regional accrediting body that is recognized by the Secretary of the United States Department of Education. All degrees or units shall be issued by and recorded on the transcript of the accredited community college, college, or university,
SECTION 8: SPECIAL ASSIGNMENT PAY
A. Designated Special Assignments.
All Police Officers assigned by the Police Chief to one of the following positions shall be paid an additional two and one-half percent (2.5%) of base wages for the term of their assignment.
• Senior Duty Officer
Narcotics Officer / Amador County Combined Narcotics Enforcement Team (ACCNET)
• Detective
• Special investigator o Any other position recommended in writing by the Police Chief and approved by the City Manager
All Police Officers assigned by the Police Chief to one of the following positions shall be paid an additional five percent (5%) of base wages for the term of their assignment:
• Field Training Officer (FTO) while their assigned trainee is in any phase of field training
• Any other position recommended in writing by the Police Chief and approved by the City Manager
B. Description of Duties.
The Police Chief shall provide a written description of the duties and responsibilities for each of the Special Assignment Positions which may be modified from time to time to meet the needs of the department.
C. Canine Handler(s).
lone Police Department employees who the Police Chief has approved to house police 13 dogs (hereafter referred to as "canine handler") shall be reimbursed for their actual expenses incurred in caring for the dog including feed, routine immunizations, and costs of veterinarian care for injuries to the dog occurring while the dog is engaged in police work.
Pursuant to 29 CFR 778.419, the City and the canine handlers have mutually agreed that the canine handlers will be compensated for the time they spend feeding, exercising, grooming, cleaning-up after, and otherwise caring for the police dogs, The Parties agree that each canine handler will be compensated for these additional duties by receiving pay for three and one half (3.5) hours per week seven (7) hours biweekly at $18.35 per hour at the overtime rate of 1.5 hours or $27.52 per hour (rather than accounting for and being compensated for actual time spent). The canine handlers arrived at the figure of three and one half (3.5) hours per work week seven (7 hours biweekly) and the City accepted the figure, as a reasonable amount of time for the canine handlers to spend caring for the police dogs.
The City will not compensate a canine handler for any time spent in police dog care or training over and above the three and one half (3.5) hours per week seven (7) hours biweekly, unless the canine handler receives prior authorization from the Police Chief or his/her designee to perform additional work with the police dog beyond the routine care described above. Such authorization must be received before the work is done and must set forth the task to be accomplished by the canine handler with the police dog and the actual or maximum number of hours for which the canine handler will be compensated for performing the task.
At any time during the term of this Agreement, and without any obligation to meet and confer thereon, the City may elect to terminate the canine program upon giving notice to the canine handler(s).
The Canine Program shall be terminated on such date selected by the Police Chief, but no later than June 30, 2015 and the police dog shall be surplused to the current canine handler for two-hundred and fifty dollars ($250.00).
D. Limitations on Special Assignment Compensation.
Special Assignment Pay shall not apply to employees on paid or unpaid leave in excess of fourteen (14) days in the event another employee has been assigned Special Assignment Pay to replace the absent employee. In addition, Special Assignment Pay shall not apply to employees assigned to a modified duty assignment pending recuperation from an industrial or non-industrial injury or illness if they are not performing the special assignment duties.
14 SECTION 9: LONGEVITY PAY
Employees who have served the requisite number of years of uninterrupted continuous employment with the City shall be eligible for Longevity Pay as follows:
• Effective the first pay period following ten (10) years' service - two and one-half percent (2.5%) of base pay
Effective the first pay period following fifteen (15) years' service - five percent (5%) of base pay o Effective the first pay period following twenty (20) years' service seven and one-half percent (7.5%) of base pay
SECTION 10: TEMPORARY ASSIGNMENTS AND PROMOTIONS
When an employee is appointed to a temporary assignment lasting more than fourteen (14) days which is covered under either Special Assignment Pay or designated a higher classification, the employee shall be paid additional wages for the duration of the assignment. The amount of the additional wages shall be calculated at the current rate for Special Assignment Pay or in the case of performing work in a higher classification at the higher of A-step of the assigned classification or that step that provides a five percent (5%) increase in pay to the employee. In no case shall the out-of-classification temporary assignment exceed the E-step of the assigned classification. Temporary assignments shall require the prior written approval of the City Manager, or his/her designated representative,
Upon promotion to a higher classification the new wages shall be calculated at the higher of A-step of the assigned classification or that step that provides a five percent (5%) increase in pay to the employee. In no case shall the promotion exceed the E-step of the assigned classification.
SECTION 11: UNIFORM ALLOWANCE
A. City Provided Uniform and Equipment On Appointment
The City agrees to provide newly hired employees with the following:
• 2 full uniforms (i.e. two (2) shirts and two (2) pants) • 1 Ballistic vest
• 1 Pair of shoes/boots (not to exceed $200.00)
• All necessary Safety equipment (Holster, weapon, baton, etc.) The above listed equipment will either be provided by the City directly or obtained by the employee and paid for by the City, at the City's discretion. 15 B. Uniform Maintenance Allowance.
The City agrees to pay each employee a Uniform Maintenance Allowance of fifty dollars ($50.00) each pay period. Such uniform allowance shall be used to maintain, clean and replace City provided uniforms and equipment with the exception of the ballistic vest which shall be replaced under Article 8, Section 3 of this MOU and other such safety equipment deemed appropriate by the Police Chief.
C. Uniform and Equipment Remain the Property of the City.
The above equipment, along with any other equipment issued by the City will remain the property of the City. Upon separation of employment, the employee will return any and all property to the City. In the event the property (other than clothing and footwear) is lost, damaged or in any way unusable, it will be the sole responsibility of the employee to either replace or compensate the City for the property.
SECTION 12: SOCIAL SECURITY AND MEDICARE (Federal Insurance Contribution Act (FICA)
The Social Security's Old-Age, Survivors, and Disability. Insurance (OASDI) program and Medicare's Hospital insurance (H) program are programs sponsored and administered by the federal government and financed by employment taxes. The City agrees to maintain participation in these programs in accordance with federal regulations during the term of this MOU. The Parties agree to pay their respective current costs associated with these programs which are 6.2% of Wages each up to the maximum limit for OASD and 1.45% of wages each for Medicare,
The Parties further agree to pay their respective shares of any future increases to these costs that may be approved by the federal government.
SECTION 13: MEDICAL INSURANCE ALLOWANCE
A. Maximum Medical Insurance Allowance.
The City currently participates as a contract agency for CaPERS Medical Insurance Programs under the Public Employee's Medical and Hospital Care Act (PEMHCA).
Employees enrolled in City sponsored medical insurance based on eligibility requirements established by CalPERS shall receive a "Medical insurance Allowance" equal to the lesser of the actual City cost of medical insurance coverage for the employee and eligible dependents or one thousand four hundred dollars ($1400.00) per month effective July 1, 2015.
16 B. In Lieu Medical Insurance Cost Savings.
An employee with proof of alternate comprehensive medical insurance coverage may opt to decline all City sponsored medical insurance or alternately the dependent portion (if the employee has eligible dependents) of provided City sponsored medical insurance. For employees hired before July 1, 2018, and as compensation for the "Cost Savings" from an employee exercising such option, the City shall pay the employee $500 per month in lieu of medical insurance. Employees hired on or after July 1, 2018 shall not be eligible for in lieu payments as described herein.
C. Cost Savings Paid Biweekly Subject to Regulations.
The employee's fifty-percent (50%) share of the "Cost Savings" shall be disbursed to the employee as "in lieu of medical insurance savings" on a biweekly basis on the employees' regular pay check subject to appropriate payroll deductions.
The City may require the employee to provide proof of alternate medical insurance coverage on an annual basis. The exercise of this "in lieu of medical insurance savings" option by the employee shall be in accordance with CaPERS health insurance program regulations and may be restricted to initial hire and during the open enrollment period with changes taking effect on January 1 of each year.
SECTION 14: DENTAL, VISION AND LIFE INSURANCE CONTRIBUTIONS The City agrees to pay the full cost of dental and vision insurance programs for employees and eligible dependents. The City further agrees to pay the full cost of life insurance for employees.
SECTION 15: RETIREMENT CONTRIBUTIONS
The City currently participates in the CaPERS Retirement Program for all eligible employees. Employee eligibility and participation in the Retirement Program shall be subject to CaPERS regulations. The City agrees to continue to participate in the CalPERS Retirement Program with the City paying its' full share of "employer contributions" and the employee paying his or her full share of the "employee contribution" of qualifying wages.
Pursuant to the Public Employee's Pension Reform Act of 2013 (PEPRA) and as required under Government Code Section 7522.30 the employee shall pay at least fifty percent (50%) of the "normal costs" of the CalPERS Retirement Program and the City shall not pay any of the required employee contribution. The "normal cost rate" shall mean the annual actuarially determined normal cost for the defined benefit plan of the City expressed as a percentage of payroll. Provided, however, the "employee 17 contribution" shall be established as follows:
• Classic Members - pursuant Government Code Section 20516.5(b) nine percent (9%) of qualifying wages effective July 1, 2014 thru December 31, 2017 and twelve percent (12%) of qualifying wages thereafter;
• PEPRA New Members - eleven and one-half percent (11.5%) of qualifying wages effective July 1, 2014 thru June 30, 2015 and fifty percent (50%) of the "normal costs" of retirement expressed as a percentage of payroll on qualifying wages each July 1 thereafter.
In the event the "employee contribution" rate is increased by the State of California or by administrative action by CaPERS, the employee will contribute at the new higher rate on the effective date of any such action.
SECTION 16: SICK LEAVE PAYOUT
A. Sick Leave Payout upon Retirement
Subject to the conditions, limitations and restrictions established under Article 3, Section 2 of this MOU, the City will pay an employee with ten (10) or more continuous years of service with the City fifty percent (50%) of his or her accumulated and unused sick leave up to the maximum sick leave accrual levels upon retirement under CaPERS regulations from the City. No payout shall be made to employees with less than ten (10) continuous years of service with the City, receiving a sick leave payout under Article 2, Section 16(B) or utilizing sick leave for retirement credit under Article 3, Section 2(E) of this MOU.
B. Sick Leave Payout upon Termination
Subject to the conditions, limitations and restrictions established under Article 3, Section 2 of this MOU, the City will pay an employee with ten (10) or more continuous years of service with the City twenty-five percent (25%) of his or her accumulated and unused sick leave up to the maximum sick leave accrual levels upon termination of employment from the City. No payout shall be made to employees with less than ten (10) continuous years of service with the City, receiving a sick leave payout under Article 2, Section 16(A) or utilizing sick leave for retirement credit under Article 3, Section 2(E) of this MOU.
SECTION 17: WORKERS COMPENSATION (Wages in Lieu Pay)
Any employee who suffers an incapacitating injury in the course of employment shall, in lieu of workers' compensation benefits, be entitled to receive his/her regular wages for the first seven (7) working days the employee misses work due to the employee's incapacitating injury following the date of said injury. Any employee who remains absent 18 from work by reason of an incapacitating injury and who is eligible to receive workers' compensation benefits shall receive from the City, for a period not to exceed fifteen (15) working days, wage payments in an amount equal to the difference between the amount granted to the employee pursuant to workers' Compensation and the employee's regular rate of pay. In no event shall the aforementioned City payments for a job-related injury leave exceed a combined total of twenty-two (22) Working days. If the employee remains absent from work due to his/her incapacitating injury beyond the aforementioned twenty- two (22) working day period, the employee may use any other paid leave to supplement Workers' Compensation up to a maximum of the employee's regular wages until such time as the employee's paid leave is exhausted
SECTION 18: PER DIEM TRAVEL REIMBURSEMENT
An employee who has been injured in the course and scope of his/her employment with the City and who is required as a result of such injury to be absent from duty to take physical examinations required by the City's Workers' Compensation insurer or the Industrial Accident Commission, may be granted leave with pay for such absences by the City Manager, or his/her designated representative. The City Manager, or his/her designated representative, shall determine if such absences are in the best interest of the City and grant such paid time only if the employee is in a paid status at the time of the scheduled examination or hearing.
A. Except as modified herein employees shall adhere to the provisions of the City of lone Travel and Expense Policy adopted April 21, 2009 as may be amended.
B. Employees authorized to travel for City business may claim reimbursement for meals in accordance with the following schedule: Breakfast - $10.00; Lunch - $15.00, Dinner $25.00.
C. Eligibility for meal reimbursement shall be in accordance travel times indicated below:
IF TRAVEL DEPARTURE OR TRAVEL RETURN MEAL ELIGIBILITY
TIME IS: TIME IS:
Before 6:30 a.m. After 8:30 a.m. Breakfast
6:30 a.m. or after and After 1:30 p.m. Lunch
before 11:00 a.m.
11:00 a.m. or after and After 6:30 p.m. Dinner
19 before 6:30 p.m.
D. For overnight travel the costs of meals shall be the maximum reimbursement amount as provided in a single calendar day in accordance with the schedule in Section 18B.
E. When claiming per diem meal reimbursement no receipts shall be required for reimbursement. However, at the sole discretion of the Police Chief, or his/her designated representative, an employee may be required to submit substantiating evidence, including, but not limited to, a personal affidavit stating that the claim meets the requirements of this policy. Per Diem meal reimbursements may also be provided in advance of travel.
F. No reimbursement shall be made for meals within a twenty (20) mile radius of the City or the employees' residence without the prior approval of the Police Chief, or his/her designated representative.
20 ARTICLE 3 - LEAVE POLICIES
SECTION 1: VACATION LEAVE
A. Vacation Accrual Rates
For employees hired prior to July 1, 2014 working an eighty-four (84) hour bi-weekly work schedule vacation leave shall accrue at the rates described below:
• 1 - 3 years' continuous service: 4. 154 hours biweekly or 108 hours annually • 4 - 6 years' continuous service: 5.385 hours biweekly or 140 hours annually • 7+ years' continuous service: 6.923 hours biweekly or 180 hours annually For employees hired on, or after July 1, 2014 working an eighty-four (84) hour biweekly Work schedule vacation leave shall accrue at the rates described below:
• 1 - 3 years' continuous service; 3.231 hours biweekly or 84 hours annually • 4-8 years' continuous service: 4.846 hours biweekly or 126 hours annually • 9+ years' continuous service: 6.462 hours biweekly or 168 hours annually For employees hired prior to July 1, 2014 working an eighty (80) hour bi-weekly work schedule vacation leave shall accrue at the rates described below effective the first pay period in May, 2015:
• 1 - 3 years' continuous service: 3.846 hours biweekly or 100 hours annually • 4 - 6 years' continuous service: 5.385 hours biweekly or 140 hours annually • 7+ years' continuous service: 6.923 hours biweekly or 180 hours annually For employees hired on, or after July 1, 2014 working an eighty (80) hour bi-weekly work schedule vacation leave shall accrue at the rates described below effective the first pay period in May, 2015:
• 1-3 years' continuous service: 3.077 hours biweekly or 80 hours annually • 4-8 years' continuous service; 4.615 hours biweekly or 120 hours annually • 9+ years' continuous service: 6.154 hours biweekly or 160 hours annually B. Maximum Vacation Accrual
Effective the first biweekly pay period in July, 2014 vacation hours shall be "capped" to a maximum vacation accrual level equal to the amount of vacation time an employee may earn in a two-year (2-year) time period of employment (e.g. An employee accruing 140 hours annually may not have more than 280 hours of accrued vacation), Once the maximum vacation accrual is reached, no additional accruals will take place and the employee will cease to have additional vacation credited. Once the employee takes vacation that reduces his or her accrued vacation below the maximum accrual level, additional accruals will again take place up to the maximum vacation accrual limits. 21 C. Vacation Buyout
At the sole discretion of the City Manager, or his/her designated representative, and upon the request of the employee, the City Manager, or his/her designated representative, may approve payment of up to a maximum of eighty (80) hours of vacation time. The City Manager, or his/her designated representative, may only approve one (1) vacation buyout per employee in any twelve (12) month period. The City Manager, or his/her designated representative, may only approve vacation buyout if the employee has eighty (80) hours of vacation time remaining after the buyout is complete. Such vacation buyout shall be made by separate payroll check subject to usual deductions. The City will make every reasonable effort to assure employees can take appropriate vacation leave.
D. Mandatory Use of Vacation
While every reasonable effort will be made to accommodate employee requests for vacation time off the needs of the Police Department shall take precedence. Nothing in this section shall preclude the Chief of Police, or his/her designated representative, from requiring mandatory vacation up to 126 hours annually during periods that better serve the operations of the Police Department and reduce accrued vacation time.
SECTION 2: SICK LEAVE
A. Sick Leave Accrual Rates
Employees shall accrue sick leave at the rate of 3.692 hours per biweekly pay period or ninety-six (96) hours annually.
Employees working in a regular position that is less than seventy-five percent (75%) time shall receive one hour of paid sick leave for every 30 hours worked, capped at 24 hours per year. Employees working in a regular position that is less than fulltime but is seventy-five percent (75%) time or more shall receive this benefit prorated to the amount of hours normally assigned and designated in the budget.
No sick leave shall be accrued or credited to an employee under the following employment designations, conditions or circumstances:
• Wherein the employee is on leave of absence without pay or suspension without pay for more than fourteen (14) days
B. Maximum Sick Leave Accrual
22 Effective the first biweekly pay period in July, 2014 sick leave hours shall be "capped" at the maximum sick leave accrual levels as follows:
• Employees hired before July 1, 2014. ..2000 hours
• Employees hired on, or after July 1, 2014.... ... 1000 hours Once the maximum sick leave accrual level is reached, no additional accruals will take place and the employee will cease to have additional sick leave credited. Once the employee is authorized the use of sick leave that reduces his or her accrued sick leave below the maximum accrual level, additional accruals will again take place up to the maximum sick leave accrual limits.
C. Sick Leave Use
Sick leave shall not be considered a right which an employee may use at his or her discretion but shall be allowed only as follows:
In cases of necessity and actual personal illness, exposure to contagious disease, injury or disability of the employee
• For medical, dental and eye examination appointments or other physical, psychiatric or medical examinations or treatments by a licensed practitioner of the employee, or the employee's immediate family, at the discretion of the Police Chief, or his/her designated representative
For pregnancy when the employee's physician has certified that, due to pregnancy, the employee is no longer able to perform the duties of her position, including such time periods after delivery.
No paid sick leave shall be granted if the employee or family sickness or disability occurs while the employee is on vacation or other paid leave. Sick leave shall not be used in lieu of or in addition to vacation. No employee is entitled to any sick leave with pay until he has completed two (2) pay periods of continuous full-time employment with the City. In no case shall sick leave be granted in excess of the accrued amount available to the employee.
D. Notification and Approval of Absence
In order to receive compensation while absent on sick leave the employee shall cause notification to the Chief of Police, or his/her designated representative prior to the time set for the beginning of his/her daily duties or as may be specified in the Police 23 Department Policy Manual. The Police Chief, or his/her designated representative, shall approve sick leave only after having ascertained that the absence was for an authorized reason. The employee may be required to submit substantiating evidence, including, but not limited to, a physician's certificate or a personal affidavit stating the cause of the absence. If the appointing authority does not consider the evidence adequate, he or she shall disapprove the request for sick leave. In the event sick leave is denied the absence shall be charged to vacation leave, compensatory time off or holiday pay. If no paid leave is available the employee will receive no compensation.
E. Unused Sick Leave Retirement Conversion
At the employee's discretion and in accordance with the amendment to the Contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of lone which went into effect on December 16, 2005, credit for unused sick leave may be converted to additional service credit per the terms of Government Code Section 20965, as may be amended. In exercising this option to receive additional retirement Credit, employee acknowledges and waves any right to payment under the provisions of Sick Leave Payout under Article 2, Section 16 of this MOU.
SECTION 3: CATASTROPHC LEAVE BANK
A catastrophic leave bank shall be established, but only when an employee who qualifies to use it requests it; the leave bank is not continually in existence. An employee will have to use all of the vacation, sick, and holiday leave accrued to him or her before using any donated leave from the catastrophic leave bank. When an employee needs and requests donations, employees may donate vacation leave, compensatory time off and/or holiday leave time to the bank. The City Manager, or his/her designated representative, shall act as a "banker," supervising the donation and the acceptance of the donated leave.
Donations to the bank shall be on an hour for hour basis, not on a cash basis.
SECTION 4: BEREAVEMENT LEAVE
A regular employee shall be allowed up to three (3) Working days (based upon the employee's normal work schedule) of bereavement leave for each incident of a death of an immediate family member. Use of bereavement leave shall be charged against the employee's available sick leave. In the event the employee has exhausted available sick leave, other paid leave shall be charged. In the event no paid leave is available, the employee shall be authorized leave without pay,
24 Up to an additional two (2) days may be authorized by the City Manager, or his/her designated representative, when travel of over 300 miles is necessitated. The City may require, upon an employee's return from bereavement leave, appropriate verification of the employee's absence from work on account of the death of a member of his/her immediate family.
SECTION 5: HOLIDAYS
A. Fixed Holiday Schedule.
The following dates are hereby established as paid fixed holidays for employees:
January 1 ...New Year's Day
January 15. Martin Luther King Jr.'s Birthday
Third Monday in February. President's Day
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans Day
Fourth Thursday in November Thanksgiving Day
Friday Following Thanksgiving Day after Thanksgiving Day December 25 Christmas Day
B. Paid Floating Holidays
Each employee shall have two (2) paid floating holidays each year for use during the year. The two paid floating holidays shall be credited to the employee on January 1 of each year. The date of use shall be selected by the employee and require the prior approval of the Chief of Police, or his/her designated representative. It is intended that these holidays shall take care of days which have special significance to particular employees such as religious holidays, birthdays, anniversaries and the like.
Requests for floating holidays by the employee shall be as far in advance as possible, but at least fourteen (14) days prior to the date of intended use, except in cases of emergency or special circumstances which would require the immediate consideration of the Chief of Police, or his/her designated representative. Approval of floating holiday requests cannot be guaranteed.
C. Holiday Credit
Holiday pay shall be granted only if the employee is in a paid status on the date of the holiday, including paid floating holidays. Employees on a leave of absence without pay on the date of the holiday shall not be granted the holiday. All Holidays shall be credited at eight (8) hours' time.
25 SECTION 6: COMPENSATORY TIME OFF
An individual employee may, at his or her discretion, request compensatory time off (CTO) in lieu of receiving overtime payment; however, the employee may not exceed eighty-four (84) hours of accumulated CTO. Once eighty-four (84) hours of compensatory time is accrued on the books, all other overtime hours worked will automatically be paid time to the employee until the maximum accrual of eighty-four (84) hours is reduced.
All CTO will be carried forward at the end of the fiscal year unless the employee requests payment of all or part of the CTO earned during the month of June each year. Upon separation from City service, employees will be compensated in their final check for compensatory time off earned but not taken.
SECTION 7: MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State law, in accordance with Section 395.01 of the California Military and Veterans Code, employees who have been employed by the City for at least one year will be paid their regular salaries for up to thirty (30) days of state active duty provided the ordered duty does not exceed 180 calendar days including time involved in going to and returning from the duty. An employee who interrupts his/her municipal service because of extended military leave shall be compensated for accrued vacation, compensatory time off and holiday pay at the time the leave becomes effective. Employees returning from active military duty shall be reinstated to their regular full-time job classification without any loss of benefits previously afforded to them.
SECTION 8: JURY DUTY
Any regular employee summoned for attendance to any court for jury duty during his or her normal working hours or is absent from work for appearance as a witness in response to a subpoena to testify when the employee is not acting in an official capacity shall be granted a paid leave of absence for the time necessary in going to, returning from, and serving or appearing in such capacity. Any fees received by the employee for such service or appearance shall be remitted to the City, Compensation for mileage or subsistence allowances shall not be considered as a fee and shall be retained by the employee, The City shall require, prior to and/or following an employee's use of such leave, appropriate verification of the employee's need to be absent from work for service as a juror or for appearance as a witness in response to a subpoena to testify.
Employees shall report to work for their regularly assigned shift prior to reporting for jury 26 duty, or receive prior approval from the Police Chief, or his/her designated representative to report directly to jury duty. Employees released from Jury duty during their normal duty hours shall report back to their department.
SECTION 9: CALIFORNIA FAMILY RIGHTS ACT (CFRA) LEAVE
In accordance with the California Family Rights Act of 1991 (CFRA), a permanent full-time or permanent part-time employee who has been continuously employed by the City for one year or more may take up to a total of twelve (12) weeks in a twenty-four (24) month period as an unpaid leave of absence for the purposes allowed for under the Act. Any request for Family Rights Act Leave shall be made in writing and shall be subject to the approval of the City Manager, or his/her designated representative. The City reserves the right to require supporting documentation certified by the appropriate party(s) to determine qualification under CFRA. The City further reserves the right to require an employee to use any vacation, holiday leave and/or compensatory time off prior to or contiguous with taking CFRA leave. In cases involving CFRA leave for an employee's own serious health condition the City reserves the right to require the employee to take sick leave prior to or contiguous with taking CFRA leave. The City shall comply with the requirements of the California Family Rights Act of 1991 and the Family Medical Leave Act of 1993 and such amendments to these acts in providing this benefit to qualifying employees.
SECTION 10: TIME OFF TO VOTE
Time off with pay to vote at any statewide election shall be granted, in accordance with California Elections Code Sections 14000-14003. Notice shall be given to the Police Chief or his/her designated representative, by the employee needing such time off at least two working days prior to the election in accordance with the provisions of said Code.
SECTION 11: LEAVE OF ABSENCE WITHOUT PAY
A. Qualification, Authorization and Duration
Employees who have exhausted all available vacation, holiday leave, compensatory time off and either do not have a qualifying condition for sick leave use and/or California Family Rights Act leave, or have exhausted all sick leave may request a leave of absence without pay. Such request shall be in writing specifying the justification for the leave and the anticipated duration. The City Manager or his/her designated representative shall require the employee to provide supporting documentation to verify the current and continued need for a leave of absence without pay. Such supporting 27 documentation may include, but not be limited to, physician certifications, other certifications by licensed practitioners, attendance records, transcripts and/or other appropriate documentation. The City Manager, or his/her designated representative, at his or her sole discretion may authorize a leave of absence of up to a maximum of sixteen (16) weeks and shall be subject to any such terms and conditions deemed appropriate.
Approval of the leave of absence shall be in writing. Such leave of absence without pay shall not exceed sixteen (16) weeks in any twenty-four (24) month period. A leave of absence without pay will commence on and include the first workday on which the employee is absent and terminates with and includes the Workday preceding the day the employee returns to work,
B. No Benefits or Accruals During a Leave of Absence Without Pay.
Except as may be provided otherwise in this MOU an employee will not accrue any benefits or additional seniority while on a leave of absence without pay lasting longer than fourteen (14) days. An employee on a leave of absence without pay as provided herein shall not accrue or be compensated for vacation, holidays or sick leave benefits nor maintain City paid medical, dental, vision and life insurance coverage or allowances.
An employee may, however, at the employee's option and expense, maintain the employee's group insurance coverages provided the full monthly premium is received by the City Manager or his/her designated representative, on or before the first day of the month for which the premium is intended.
Time off under the leave of absence without pay provisions herein shall not be considered a break in service, but the employee shall receive no seniority credit of time in service credit during the term of the absence, As a result, any and all benefits or conditions of employment dependent on time in service including, but not limited to, merit increases, probationary periods, seniority, longevity pay, sick leave payout and vacation accrual will be calculated by subtracting out the time the employee was on the leave of absence without pay.
C. Return to Work I Abandonment of Employment
Upon an employee's return to work after a leave of absence without pay, the employee will be reinstated to the employee's former position provided the employee is capable of performing the duties of the former position. However, if there has been a reduction in force or the employee's position has been eliminated during said leave, the employee will be placed in the position the employee would be in, if any, based on the provision of the Article 8, Sections 8 and 9 of this MOU.
Whenever an employee who has been granted a leave of absence without pay desires to return before expiration of such leave, he/she shall notify the Police Chief and the 28 City Manager, or their designated representatives, as soon as possible in advance of the return. An employee on leave of absence without pay due to illness or injury shall present a statement by the employee's physician releasing the employee for normal duty without restrictions at least ten (10) days prior to returning to work, In the event an employee fails to return to work on the date required in the authorized leave of absence without pay the City Manager, or his/her designated representative, shall issue a letter of termination to the employee to the employee's address on file with the City. Unless the City Manager, or his/her designated representative, grants an extension of leave, the employee shall be terminated on the third day after the letter of termination was placed in the mail. The basis of termination shall be abandonment of employment, SECTION 12: DENIAL OF LEAVE DURING JOB ACTION OR EMERGENCY The City Manager, or his/her designated representative, may, at his or her sole discretion, deny to any employee either paid or unpaid leave of absence under any provisions of this Agreement during any work stoppage, strike, work slowdown or other job action against the City by its employees or during any bona fide emergency for which the City Manager, or his/her designated representative, deems it necessary to have its employees work. 29 ARTICLE 4 - INSURANCE PROGRAMS
SECTION 1: MEDICAL INSURANCE PROGRAM
The City shall offer Medical insurance as a contract agency to CaPERS to all eligible employees under the Public Employee's Medical and Hospital Care Act (PEMHCA).
Employees may choose from such plans as may be offered by CaPERS in Amador County during the open enrollment period, or alternatively may select an "in Lieu Medical Insurance Allowance" with proof of alternate comprehensive medical insurance coverage, Employees selecting medical insurance program coverage provided by CaPERS or various private providers under contract to CalPERS shall be subject to the selected plan's rules, regulations and conditions. Employee's seeking benefits under these plans shall be subject to processing and appeals procedures as provided by the individual plan selected. The City's contribution towards Medical Insurance premiums and the "In Lieu Medical Insurance Allowance" shall be in accordance with the provisions of Article 2, Section 13 of this MOU.
Due to the escalating costs associated with providing medical insurance the Parties agree to participate in a "Medical Benefits Committee" during the term of this MOU. Such committee shall consist of representatives of the City, the Association and other interested employees within the City. The purpose of the committee would be to explore alternate medical insurance options that may warrant further discussion and potential implementation in the future.
SECTION 2: RETIREE MEDICAL INSURANCE (VESTING SCHEDULE) Employees hired prior to January 1, 2018, and who retire from the City are eligible to receive CaPERS medical insurance benefits in accordance with CalPERS regulations for retired annuitants, or such other medical insurance plan(s) as may be agreed to by the City and Association. As long as the CaPERS medical plan is in effect, current and future retirees shall be subject to the provisions of Government Code Section 22857, as may be amended. This government Code section provides that the City as a CaPERS contracting agency may fix the amount of the employer's contribution for employees at a different amount than the employer's contribution for retired annuitants. The City has done so by the adoption of Resolution No. 1466 on February 1, 2005 and this Resolution shall remain in full force and effect.
The Parties further agree to be subject to Government Code Section 22893 establishing a vesting schedule for City contributions to a retiree's medical insurance premiums; implementation shall take place by the adoption of a resolution by the City Council and the filing of said resolution with the Board of Administration of the California Public Employee's Retirement System. Such adoption of the resolution shall be at the sole discretion of the City Council.
30 SECTION 3: DENTAL AND VISION INSURANCE PROGRAMS
The City shall provide Dental and Vision insurance coverage to fulltime regular employees and eligible dependents through Preferred Benefit Insurance Administrators. The City ofters the Delta Dental PPO Plan and the basic VSP plan. The plans are currently operated by Delta Dental and Vision Service Plan (VSP) respectively and are subject to their rules, regulations and conditions. Employees seeking benefits under these programs are subject to their processing and appeals procedures. The City reserves the right to change Dental and Vision Insurance providers, provided that the benefits offered are substantially similar.
The City's contribution towards Dental and Vision Insurance premiums shall be in accordance with Article 2, Section 14 of this MOU.
SECTION 4: TERM LIFE INSURANCE
The City shall provide Term life insurance coverage in the amount of fifty thousand dollars ($50,000) for each full-time regular employee. Such life insurance program coverage is provided by the CSAC Excess Insurance Authority and is subject to the plan's rules, regulations and conditions. Employees seeking benefits under this program are subject to CSAC Excess Insurance Authority processing and appeals procedures. The City reserves the right to change its' term life Insurance provider, provided that the benefits offered are substantially similar. The City's contribution towards Term Life Insurance premiums shall be in accordance with Article 2, Section 14 of this MOU.
SECTION 5: LONG & SHORT-TERM DISABILITY INSURANCE
Employees may voluntarily participate in Long and/or Short-Term Disability Programs through payroll deduction. The City does not sponsor or contribute to these programs, but merely processes employee payments through payroll deduction. Such program coverage is provided by private companies and is subject to the selected plan's rules, regulations and conditions. Employees seeking benefits under these programs are subject to the processing and appeals procedures defined in the plan contract.
SECTION 6: EMPLOYEE ASSISTANCE PROGRAM
The City currently provides an employee assistance program for employees and eligible dependents under contract with AC Specialty Benefits. The program provides for confidential and professional counseling and referral services to employees and their family members. The City reserves the right to change its' employee assistance program provider, provided that the benefits offered are substantially similar 31 ARTICLE 5 - RETIREMENT
SECTION 1: COMPLIANCE WITH CALPERS REGULATIONS
The City agrees to continue to provide retirement benefits in accordance with applicable laws, regulations and administrative procedures promulgated by the State of California and the California Public Employees Retirement System (CalPERS), Modifications to employee retirement benefits shall be made as the result of the adoption by the State of California of the Public Employee's Pension Reform Act (PEPRA - GC § 7522 et seq.) which shall include among other things higher employee contribution rates, lower employee retirement benefit formulas and limits on eligible income subject to retirement.
SECTION 2: RETIREMENT PLANS FOR CURRENT EMPLOYEES
Employees hired by the City before July 1, 2014 shall be assigned the appropriate retirement plan based on CaPERS regulations, plan and benefit options adopted by resolution of the lone City Council and the employee's date of employment with the City. The retirement plan formula of benefits and employee eligibility shall be as follows:
• First Level (Tier 1): Employees hired by the City on or before October 8, 2011
The City's contract with CaPERS provides Local Agency Police Safety Retirement as follows: 3%@50 Modified Retirement Formula with a Final Compensation Period of 36 Months and Credit for Unused Sick leave (GC § 20965).
• Second Level (Tier 2): Employees hired by the City between October 9, 2011 and December 31, 2012 or newly hired CaPERS "Classic Members" The City's contract with CaPERS provides Local Agency Police Safety Retirement as follows: 3%@55 Modified Retirement Formula with a Final Average Compensation Period of 36 Months and Credit for Unused Sick Leave (GC § 20965).
• PEPRA New Members: Employees hired by the City on or after January 1, 2013 who are not "Classic Members"
The City's contract with CaPERS provides Local Agency Police Safety Retirement as follows: 2.7%@57 Modified Retirement Formula with a Final Average Compensation Period of 36 Months and Credit for Unused Sick leave (GC § 20965).
32 SECTION 3: RETIREMENT FOR EMPLOYEES HIRED AFTER JUNE 30, 2014 Employees hired by the City after June 30, 2014 will be assigned the appropriate retirement plan based on CaPERS regulations, plan and benefit options adopted by resolution of the lone City Council and the employee's date of employment with the City.
The retirement plan formula of benefits and employee eligibility shall be as follows:
• Second Level (Tier 2): Employees hired as CaPERS "Classic Members" The City's contract with CaPERS provides Local Agency Police Safety Retirement as follows: 3%@55 Modified Retirement Formula with a Final Average Compensation Period of 36 Months and Credit for Unused Sick Leave (GC § 20965).
• PEPRA New Members: Employees hired by the City who are not "Classic Members"
The City's contract with CaPERS provides Local Agency Police Safety Retirement as follows: 2.7%@57 Modified Retirement Formula with a Final Average Compensation Period of 36 Months and Credit for Unused Sick Leave (GC § 20965).
SECTION 4: RETIREMENT COST SHARING
The City agrees to pay its' full share of "employer contributions" and the employee agrees to pay his or her full share of the "employee contribution" of qualifying wages. As a result of PEPRA the mandatory member contribution for employees hired by the City on or after January 1, 2013 is determined in accordance with the formula established under PEPRA.
The mandatory contribution for PEPRA "new members" shall be equal to the greater of 50% of the total normal costs attributable to the 2.7% per year at age 57 benefit plan, as determined by CaPERS, or the current contribution rate of similarly situated employees.
Pursuant to Government Code Section 7522.30 the new employees shall pay at least fifty percent (50%) of the "normal costs" of the CalPERS Retirement Program and the City shall not pay any of the required employee contribution. The "normal cost rate" shall mean the annual actuarially determined normal cost for the defined benefit plan of the City expressed as a percentage of payroll. Effective January 1, 2018 "classic members" shall pay twelve percent (12%) of qualifying wages.
In the event the "employee contribution" rate is increased by the State of California or by administrative action by CalPERS, the employee will contribute at the new higher rate on the effective date of any such action.
33 ARTICLE 6 - GRIEVANCES AND APPEALS
SECTION 1: PURPOSE AND STANDARDS
A. Purpose of Grievance Process
The purpose of the Grievance Process is to:
• Establish orderly procedures that provide a method of communication between • employees and management concerning matters which may be subject to grievance;
• Provide that the grievance procedure shall be as informal as possible; and • Provide that grievances shall be settled as promptly as possible and at the lowest possible level of the procedure.
Nothing in these procedures shall be construed to prevent discussion or meetings between parties at any time to clarify the facts in order to conclude any matter as promptly as possible. Employees are strongly encouraged by both parties to this MOU to meet with their immediate supervisor to discuss the issue that they are concerned about prior to filing a formal grievance. A grievant may terminate a grievance at any time by giving written notice to the other party of such termination.
B. Grievance Defined
For the purpose of this Article, a "Grievance" shall be defined as a dispute concerning the interpretation or application of any ordinance, or any rule or regulation of the City or the Department governing personnel practices or working conditions, or the practical Consequences of a City's rights", decision on wages, hours, and other terms and conditions of employment, or the interpretation or application of any of the provisions of the Memorandum of Understanding.
C. Exclusions to Grievance Procedure
The procedures set forth herein shall not apply in matters where other methods of dispute resolution have been specifically provided for in State or Federal law, such as, but not limited to, appeals of worker's compensation claims, claims made pursuant to the Fair Labor Standards Act (FLSA); unemployment insurance claims; or claims of employment discrimination based upon race, religious Creed, sex, color, physical handicap, medical condition, age, national origin, political affiliation or marital status for which a remedy is provided by the California Fair Employment and Practices Act (Cal.Gov.
Code Sec. 12900 et seq.), or Title VII (42 United States Code 2000e et seq.). In addition, the interpretation or application of those provisions of this Memorandum of 34 Understanding, ordinances or resolutions which specifically provide that the decision of any City official shall be final or shall be rendered at the City official's sole discretion shall not be subject to the grievance procedure.
SECTION 2: INITIATION OF A GRIEVANCE
A. Filing a Formal Grievance - Information Required
Any grievance filed shall be in writing and include the following information:
• The specific provision of this MOU or City rule, regulation, ordinance, practice or policy alleged to have been misapplied, misinterpreted, or violated; • The facts pertinent to the grievance, including the names, dates, places, and incidents necessary for an understanding of the grievance; • The alleged adverse effect upon the grievants) resulting from said alleged misapplication, misinterpretation or violation, and
• The remedy for such alleged adverse effect sought by the grievant B. Grievance Limitations, Adherence to Deadlines and Joint Hearings If joined by the affected employee(s), the Association may initiate a grievance when the issue in dispute affects a member or members of the representation unit. Grievances initiated by the Association on behalf of an employee(s) must deal with the specific action(s) on which the grievance is based. Association initiated grievances shall be first submitted at the second step of the process and then proceed from that step if necessary. While either the employee or the Association may initiate a grievance under the formal procedure (or they may join together in the procedure), once the grievance has been initiated no other grievance concerning the incident or action upon which the complaint is based may be initiated.
Failure by the City to adhere to decision deadlines of this procedure shall automatically establish the right of a grievant to appeal to the next Step. Failure by a grievant to adhere to a Submission deadline at any step of this procedure shall mean that the grievant is satisfied with the resolution, if any, of the grievance, that the grievance is terminated, and that the grievant waives any right to further appeal of the grievance.
However, nothing in this section shall be construed to prevent the parties from extending either a decision deadline or a submission deadline by written mutual agreement.
In the case of multiple grievances on the same issue, the City may elect to resolve the issue by having one joint hearing on all the grievances.
35 C. Employee Time-Off Work
The City shall allow an employee and/or his/her Association representative reasonable time off work without loss of pay or benefits in order to process a grievance during normal working hours. Such time off shall require the prior approval of the department head, or his/her designated representative,
SECTION 3: GRIEVANCE PROCESSING AND APPEALS.
A. Supervisory Level.
Step 1 of the formal Grievance process shall be initiated within ten (10) working days of when the grievant could reasonably have known of the event or condition which forms the basis for the grievance. The grievance shall be presented in writing to the City official with supervisory authority over the grievant.
Within ten (10) working days of receipt of the grievance, the parties shall meet and attempt to resolve the grievance. Within ten (10) working days of such a meeting the City supervisory or management official shall serve written notice of the decision to the grievant.
If a grievance is not resolved to the satisfaction of the grievant at Step 1, the grievant may appeal the grievance in writing within ten (10) working days of receipt of the written decision at Step 1, or within ten (10) working days after the decision deadline at Step 1 has elapsed.
B. Department Head Level
Step 2 of the Grievance process shall be initiated when a written appeal is received from the grievant by the department head or his/her designated representative. The department head or designated representative shall meet with the employee in an attempt to resolve the grievance within ten (10) working days of receipt of the grievance, The department head or his/her designated representative shall render a written decision on the matter within ten (10) working days of the meeting.
If a grievance is not resolved to the satisfaction of the grievant at Step 2, the grievant may appeal the grievance in writing within ten (10) working days of receipt of the written decision at Step 2, or within ten (10) working days after the decision deadline at Step 2 has elapsed.
C. City. Manager Level.
Step 3 of the Grievance process shall be initiated when a written appeal is received from the grievant by the City Manager or his/her designated representative. The City 36 Manager may conduct an independent investigation by a third party at City expense and/or conduct a hearing within ten (10) working days. Provided however, when an independent third party is called on to conduct an investigation, an additional ten (10) working days for rendering a decision shall automatically be granted. The City Manager shall render a decision within ten (10) working days of the hearing or completion of the investigation, if the City Manager does not respond to the appeal within the time limits, the grievant may appeal to Step 4 within ten (10) working days of the expiration of the ten (10) working day period to render a decision by filing a written request with the City Council, If a grievance is not resolved to the satisfaction of the grievant at Step 3, the grievant may appeal the grievance in writing within ten (10) working days of receipt of the written decision at Step 3, or within ten (10) working days after the decision deadline at Step 3 has elapsed.
Such request shall be to the City Manager requesting mediation on the grievance.
SECTION 4: MEDIATION
Step 4 of the Grievance process shall be initiated when a written appeal is received by the City Manager or his/her designated representative after the City Manager has rendered a decision on the grievance. The grievant shall request a mediator from the State Mediation and Conciliation Service to hear the case.
The parties shall submit the grievance to non-binding interest-based facilitated mediation.
The purpose of this mediation is to allow each party to present facts regarding the dispute and/or the process leading up to the Submission and ask questions of the opposing party.
The parties may also call witnesses and introduce evidence during the mediation. Both parties shall share all costs including the mediator's fees, if any. No recording devices or court reporters shall be used during the facilitated mediation, and no formal transcripts will be prepared,
The parties may not use any information presented and statements made at the mediation as evidence in any subsequent proceedings, and the mediator cannot be called as a witness in any subsequent proceedings. Although the parties are encouraged to participate in the facilitated interest-based mediation without the assistance of counsel, attorneys are not prohibited.
The mediator shall hear the case and help the parties to resolve the grievance at this level. If the mediator cannot reach a settlement with both parties, he or she will render a bench opinion as to what he or she believes will happen during arbitration. 37 If mediation does not resolve the grievance then the grievant or the City may submit the issue to arbitration within ten (10) working days of mediator's opinion.
SECTION 5: BINDING ARBITRATION
A. Request for Arbitration
The Association and the City hereby agree that, unless earlier resolved under the procedures provided in Article 6 or Article 7 of this MOU, the final and binding resolution of any Grievance or Disciplinary Action available to an employee covered by the provisions of this Memorandum of Understanding shall be by arbitration. The City Council hereby formally confers upon the City Manager the responsibility to carry out any lawful decision of the arbitrators made pursuant to this procedure.
Should the Grievance or Disciplinary Action not be resolved to the satisfaction of either the employee or the City after proper procedures have been followed, either may request arbitration as the final step in the grievance or disciplinary process by notifying the other party of their intent to utilize the services of an arbitrator. Such notice shall be in writing and shall be provided to the other party within ten (10) working days from the date of the decision rendered under Article 6, Section 4 or Article 7, Section 4 of this MOU.
B. Selecting an Arbitrator
Upon notice of intent to arbitrate, the affected employee and/or, if designated by the employee, the employee's representative and the City shall meet to Select a neutral third party as arbitrator. If unable to mutually agree on the selection of an arbitrator, a list of seven available arbitrators shall be obtained from the State California Department of Industrial Relations, State Mediation and Conciliation Service or, if by mutual consent, from the American Arbitration Association,
Upon receipt of such list, the parties shalt meet and if unable to mutually select an arbitrator from such list, then a coin shall be flipped and the party correctly calling the coin flip shall strike a name from the list. The parties shall then alternately strike names form the list until only one name remains and that individual shall be the arbitrator. In the event the arbitrator so selected is not available within forty-five days, then the individual whose name was last struck from the list shall be the arbitrator. If that individual is not available, then the affected employee and/or the Association and the City shall request another fist or select an arbitrator through any other mutually agreed upon process.
38 C. Scope and Limitations of Arbitrator's Authority
The Arbitrator shall designate and give notice of the date, time, and place for the hearing on the appeal as soon as possible, but no earlier than ten (10) working days after a hearing is requested. The hearing shall, upon request of the employee, be public and informal, but shall be conducted by the Arbitrator in the manner he/she deems to expeditiously fully present the evidence and arguments of the parties in interest. The Arbitrator shall cause a recording to be made of the hearing.
If the question of arbitrability of an issue is raised by either the employee or the City, such questions shall be determined in the first instance by the arbitrator who shall, upon request of any party, make his/her determination prior to hearing the merits of the case.
All arbitration proceedings under this part shall be governed by the California Arbitration Act (California Code of Civil Procedure - C.C.P. Section 1280 et seq.), and any action brought by any party to enforce the provisions hereof shall be brought solely and exclusively under said part.
In any disciplinary appeal from a termination, suspension, reduction in pay, transfer, or demotion, any relief which the arbitrator may grant shall be limited to a recession of the action appealed from, a restoration of any lost pay and benefits, and, where the arbitrator deems it appropriate, the imposition of substitute discipline composed of a suspension without pay of not more than six (6) months, a reduction in pay, a transfer to an established position, a demotion, remedial training, or a combination of any or all of these forms of disciplinary action.
The arbitrator shall not have the power to add to, subtract from, or modify any of the terms of this Memorandum of Understanding and shall not have jurisdiction to make any award which would not have been authorized under applicable authority in the absence of this agreement to arbitrate, except by the joint prior authorization of the parties hereto, The decision, opinion, and/or award of the arbitrator shall be final and binding upon all parties, subject to review only under the provisions of California Code of Civil Procedure Section 1280 et seq. The Arbitrator shall render his/her decision on the appeal in writing and shall include the Arbitrator's findings of fact, which shall be conveyed to the parties or their designated representatives.
D. Costs Shared Equally Between the Parties.
The Association and the City agree to share equally all costs of arbitration (including, but not limited to, the arbitrator's fees and costs, the cost of court reporters, etc.), but shall be responsible for their own respective costs of making their presentation to the arbitrator, including, but not limited to, their own attorney's fees, expert witness fees, regular witness fees, etc.
39 If by mutual agreement or requirement of the arbitrator, services of a court reporter are utilized, the parties agree to equally share the cost of such service. Any cost for transcription shall be borne by the party requesting it.
The City shall make available for testimony in connection with this procedure any City employee whose presence is requested by the grievant or appealing employee or his/her representative provided that such employee has direct knowledge of the issues subject to arbitration. An employee witness required to appear in connection herewith shall suffer no loss of pay or benefits.
40 ARTICLE 7-DISCIPLINARY ACTIONS AND APPEALS
SECTION 1: PURPOSE AND STANDARDS
The continued employment of every employee shall be predicated upon good behavior and rendering of efficient service. An employee is subject to disciplinary action and may be discharged, reduced in pay, suspended, or demoted for cause, and such disciplinary action shall be subject to appeal as set forth herein. Any employee discharged, reduced in pay, suspended or demoted for cause shall be furnished the reason for such action in writing,
The purpose for formulating these policies on disciplinary actions and appeals is to:
• Establish orderly procedures providing a method of communication between employees and management concerning matters which may be subject to appeal.
Provide that the appeal procedure shall be as informal as possible.
Provide that appeals shall be settled as promptly as possible and at the lowest possible level of the procedure.
A regular employee may be disciplined only for just cause. All evidence supporting disciplinary charges must be timely in relation to the incidents that are the basis for the proposed discipline. This does not preclude evidence of prior notice to the employee of similar conduct or prior disciplinary action against that employee.
Personnel disciplinary procedural rules shall comply with the California Peace Officer's Bill of Rights and, if not in conflict with this MOU, the lone Police Department Policy Manual Disciplinary Policy #340 and Personnel Complaint Procedure Policy #1020, as adopted and subsequently updated.
The City shall use progressive discipline when the City believes that progressive discipline shall serve the dual purposes of providing both a corrective warning and a penalty to an employee whom the City intends to retain as an employee after the discipline. The City may begin discipline at any level depending on the employee's conduct. Progressive discipline shall not be required when the City believes dismissal or any other disciplinary action is the appropriate discipline because of the employee's conduct.
Progressive discipline shall consist of the following levels:
41 • Verbal Warning with written documentation;
• Written reprimand;
• Disciplinary probation;
• Transfer imposed for punishment or to correct deficient performance; • Reduction in salary
• Suspension;
• Demotion;
• Dismissal,
A verbal warning with written documentation or a written reprimand may be initiated at the level of supervisor. All other disciplinary actions shall be initiated by the Department Head or his/her designated representative. Nothing in this Article shall prevent a supervisor and/or Department Head from discussing a disciplinary action or potential disciplinary action with the City Manager. Nothing in these procedures shall be construed to prevent discussion or meetings between parties at any time to clarify the facts in order to conclude any matter as promptly as possible.
SECTION 2: DISCIPLINARY ACTION
A. Causes for Disciplinary Action
The following, among such others as may be determined by the City, are causes which, if shown to the satisfaction of the City Manager to be related to work performance, are sufficient for disciplinary action:
1) Absence without leave or failure to report to work after a leave of absence has expired, or after such leave of absence has been disapproved or revoked 2) Conviction of a criminal offense. Conviction shall mean a termination of criminal proceedings adverse to the employee upon a verdict, by plea of guilty, upon a judgment against the employee, or upon a plea of nolo contendere, without regard to subsequent disposition of the case by suspension of sentence, probation, or otherwise
3) Repeated or excessive garnishments
4) Abuse of sick leave
5) Incompetence. Incompetence shall mean want of ability suitable to the work, either as regards natural qualities or experience or deficiency of disposition to use one's ability and experience properly. 42 6) Through willful misconduct, causing damage to public property or waste of public supplies.
7) Willfully concealing or misrepresenting information in his/her application for employment, or being, or having been at the time of employment, subject to any disqualification that would have precluded employment
8) Insubordination. Insubordination shall mean that the employee, having then the ability to do a reasonable act which he/she is directed to do by any officer or employee of the City with authority to direct his/her activities on the job, willfully fails or neglects to perform the directed act
9) Disrespectful or discourteous conduct toward a City officer or official another employee, or a member of the public
10) Willful violation of any of the provisions of the City Ordinances, Resolutions or department policy relating to the conduct of City officers and employees 11) Failure to submit to a medical examination to determine fitness for duty or failure to appear at the designated time and place for such examination or failure to sign authorizations and/or waivers as may be required
12) Violation of Criminal Offender Record Information (COR) Regulations 13) Dishonesty
14) Repeated or excessive tardiness or absence from work 15) Use of City equipment, supplies or identification (e.g., badges) for any reason other than for official City business
16) Such other job-related actions or activities by the employee determined by the department head warranting disciplinary action.
B. Notification of Disciplinary Action
Service of Notice of Proposed Disciplinary Action on the affected employee shall be made either in person or by mail addressed to the employee's last known mailing address, if the affected employee can be served neither in person nor by mail addressed to the employee's last known mailing address, or if, for any reason, the affected employee refuses or fails to take receipt of the Notice, service shall be deemed complete three (3) days after the attempted service.
43 SECTION 3: DISCIPLINARY APPEALS
A. Discipline Subject to Appeal
For the purpose of this Article, an "Appeal" shall be defined as a dispute as to any disciplinary or punitive action directed specifically at an individual employee's employment status and shall only include:
a. dismissal;
b. demotion;
c. suspension;
d. reduction in salary;
e. transfer imposed for punishment or to correct deficient performance.
Written reprimands or disciplinary probation may be referred by an employee to the City Manager within ten (10) working days of receipt with a request to rescind or modify the action.
The City Manager or his/her designated representative shall review the circumstances and render a written decision within ten (10) working days of review. The decision of the City Manager/designee shall be final and conclusive. In addition, there shall be no recourse for a verbal warning.
Failure by an employee to adhere to a submission deadline at any step of this procedure shall mean that the employee has waived his or her right to appeal the disciplinary action and shall be subject to the disciplinary action as indicated in the written notice.
Probationary employees who are dismissed during the probationary period shall have no right to appeal such action.
B. Disciplinary Appeal to the City Manager
Step 1 of the Disciplinary Appeal process shall be initiated when a written appeal is received from the employee by the City Manager or his/her designated representative.
The City Manager may conduct an independent investigation by a third party at City expense and/or conduct a hearing within ten (10) working days. Provided however, when an independent third party is called on to conduct an investigation, an additional ten (10) working days for rendering a decision shall automatically be granted. The City Manager shall render a decision within ten (10) working days of the hearing or 44 completion of the investigation.
If a disciplinary appeal is not resolved to the satisfaction of the employee at Step 1, the employee may appeal the disciplinary action in writing within ten (10) working days of receipt of the Written decision at Step 1, or within ten (10) working days after the decision deadline at Step 1 has elapsed. Such request shall be to the City Manager requesting mediation on the disciplinary action.
SECTION 4: MEDIATION
Step 2 of the disciplinary appeals process shall be initiated when a written appeal is received by the City Manager or his/her designated representative after the City Manager has rendered a decision on the discipline. The employee shall request a mediator from the State Mediation and Conciliation Service to hear the case.
The parties shall Submit the disciplinary appeal to non-binding interest-based facilitated mediation. The purpose of this mediation is to allow each party to present facts regarding the dispute and/or the process leading up to the submission and ask questions of the opposing party. The parties may also call witnesses and introduce evidence during the mediation. Both parties shall share all costs including the mediator's fees, if any. No recording devices or court reporters shall be used during the facilitated mediation, and no formal transcripts will be prepared.
The parties may not use any information presented and statements made at the mediation as evidence in any subsequent proceedings, and the mediator cannot be called as a witness in any subsequent proceedings. Although the parties are encouraged to participate in the facilitated interest-based mediation without the assistance of Counsel, attorneys are not prohibited.
The mediator shall hear the case and help the parties to resolve the dispute at this level.
If the mediator cannot reach a settlement with both parties, he or she will render a bench opinion as to what he or she believes will happen during arbitration. If mediation does not resolve the appeal then the employee or the City may submit the issue to arbitration within ten (10) working days of mediator's opinion.
SECTION 5: BINDING ARBITRATION
The Association and the City do hereby agree that, unless earlier resolved under these procedures, the final resolution of any disciplinary appeal available to an employee covered by the provisions of this Memorandum of Understanding shall be by arbitration. The Arbitration provisions under Article 6, Section 5 of this MOU shall be followed as the final step of a disciplinary appeal.
45 ARTICLE 8 - MISCELLANEOUS PROVISIONS
SECTION 1: PATROL VEHICLE USE
A. Authorization, Conditions and Restrictions on Vehicle Use The use of police vehicles shall be for official City business and where it is determined that their availability for employee callbacks for duty or emergency situations best serves the needs of the City. The Police Chief, or his/her designated representative, may authorize the use of Police vehicles for employee take-home at his or her sole discretion, subject to the conditions and limitations provided below:
• The employee's residence shall not be outside the City Limits of the City of lone • No personal use of the vehicle shall be allowed, nor shall the employee transport individuals, except on official City business
• Vehicles must be parked off street on private property where the employee resides or in a secured parking facility
• Employees using vehicles outside of the City limits shall avoid direct involvement in law enforcement or other official activities, unless the seriousness of the situation dictates action on the part of the employee
• The employee shall be responsible for maintaining vehicle cleanliness both inside and out and maintain such records in order to provide for the regular maintenance and repair of the vehicle
• The employee shall inspect his or her assigned vehicle each workday prior to use and shall immediately report any damage or repair needs to the Police Chief, or his/her designated representative
• All firearms and kinetic impact weapons shall be removed from the interior of the vehicle and placed in the trunk or properly secured in the residence when the vehicle is unattended and off duty.
• When an employee is off duty, on leave or is otherwise out of the area for more than one week, the vehicle shall be parked in a secured garage or returned to a City designated facility; Transportation to the City designated facility and return to the residence is not compensable.
Nothing in this section shall preclude the Police Chief, or his/her designated representative, from requiring additional conditions or limitations on the use of City vehicles, changing assigned vehicles or withdrawing permission to take home a vehicle to any or all employees.
B. No Compensation for Preparation and Commute Time
Preparation for duty and commute time from the employee's place of residence to the 46 employee's duty assignment location and return whether using a City vehicle or not shall not be compensable. The employee hereby waives any right to any additional compensation for these activities.
C. Waiver by Employees Outside Designated Travel Distance.
Any employee who chooses to reside outside the designated travel distance of twenty-five (25) miles to be eligible to take home a City vehicle shall hereby waive any right to take-home vehicle use and any compensation for preparation for duty time.
SECTION 2: NO STRIKE / NO LOCKOUT
It is mutually agreed and understood that during the period that this Memorandum of Understanding is in force and effect, the Association will not authorize or engage in any strike or work stoppage. The City agrees not to conduct a lockout against any of the employees covered by this Memorandum of Understanding during the term of this agreement.
SECTION 3: SAFETY PRACTICES AND EQUIPMENT
A. Safety Practices
The Parties agree that the nature of law enforcement work is inherently dangerous. The City encourages employees to conduct their activities with the utmost caution and with the safety of themselves, fellow employees and the public in mind; The City will provide necessary training to insure employees will be able to exercise activities in a safe manner.
Employees are encouraged to bring safety issues and unsafe conditions and equipment to the attention of the Police Chief for resolution.
B. Ballistic Safety Vests
The City shall provide each full-time, salaried Police Officer with a ballistic safety vest approved by the Chief of Police, with a service life expectancy of five (5) years from the date of manufacture. The City will replace the ballistic safety vest every 5 years. 47 SECTION 4: PAST PRACTICES
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. This Memorandum of Understanding shall supersede all existing memoranda of understanding and side letters between the City and the Association.
SECTION 5: DEFERRED COMPENSATION PROGRAM
City agrees to continue to contract with CaPERS for its' Supplemental income 457 Plan. The CaPERS Supplemental income 457 Plan is a supplemental retirement income plan available to employees of the Association on a voluntary basis. The 457 Plan is governed by Internal Revenue Service regulations and CaPERS program guidelines and is not a City administered program, City agrees to make employee authorized deductions to the 457 Plan and submit these deductions to CalPERS in accordance with their policies and procedures. The City and Association agree that plan participation is voluntary on the part of the employee and that the City provides no matching funds towards the employees' contribution to the plan during the term of this MOU. Nothing in this section shall preclude the City and the Association from negotiating a City matching contribution towards employee deferred compensation in future MOU's.
SECTION 6: PROBATIONARY PERIOD AND PERFORMANCE
EVALUATIONS
A. Length of Probationary Period
All original appointments of newly hired employees in the Police Department shall be tentative and subject to the successful completion of a probationary period of eighteen (18) months of actual service. All promotional appointments to the classification of Police Sergeant shall be tentative and subject to the successful completion of a probationary period of twelve (12) months of actual service.
If a probationary employee is off work due to a leave of absence, sick leave or disability leave or any combination thereof for a period exceeding fourteen (14) calendar days, said employee's probationary period shall be extended automatically by the length of said leave.
The employee shall be notified in writing of any extension, 48 B. Performance Evaluations
In order that the probationary employee may be made aware of his/her progress toward both learning and fulfilling the duties and responsibilities of his/her position, he/she shall receive written performance evaluations conducted by the employee's immediate supervisor and/or the Police Chief as follows:
• Within the first sixty (60) days of appointment
• Within each ninety (90) day period thereafter
• Within the thirty (30) day period immediately preceding completion of probation Employees Successfully completing their probation period shall have a written performance evaluation at least annually. Nothing in this section shall preclude more frequent performance evaluations as may be determined by the Police Chief.
C. Notification Requirements
Within ten (10) days prior to the expiration date of the probationary period, the Chief of Police shall file with the City Manager or his/her designated representative, a recommendation as to whether or not the probationary employee shaft be retained in the position.
D. Rejection of Probationary Employee - Original Appointment The City Manager, or his/her designated representative, may terminate a probationary employee at any time during the probationary period upon written notice without right of appeal in any manner by the probationary employee,
E. Rejection of Probationary Employee - Promotional Appointment Any employee rejected during or at the conclusion of the probationary period following a promotional appointment shall be reinstated to a position in the class from which he/she was promoted,
SECTION 7: JOB VACANCIES ANDTRANSFERS
A. Job Vacancies
The Chief of Police, or his/her designated representative, shall post on the department bulletin board any open position, special assignment, or temporary position at least ten (10) days before the close of testing or appointment.
49 B. Transfers
Any employee may request a transfer to another position within the department or within the City for which he or she is qualified to hold. Such transfer shall require the approval of the City Manager, or his/her designated representative, who shall determine whether the employee is qualified for the position and that the transfer is in the best interests of the City.
SECTION 8: SENIORITY POLICY
A. Seniority Credit
Seniority shall be determined by length of continuous paid employment in a regular position in a classification (or series, if applicable) within the Police Department.
Continuous paid employment shall include:
• Time spent on military leave in the event the leave was taken subsequent to employment with the Police Department
• All service time as a permanent or probationary employee • All time served in the employee's current classification and lower classification(s) when an employee chooses demotion in lieu of layoff (exercises bumping rights).
For purposes of calculating seniority the following time shall not be Credited to the employee:
• Time on unpaid leave or suspension without pay
• Time worked in an extra help, seasonal, temporary, provisional, reserve officer, per diem, retired annuitant or regular part-time status.
If the seniority within a classification is the same for two (2) or more employees, the length of continuous paid employment from original date of hire with the Police Department shall determine seniority. If the employees still have the same seniority credit, the employee with the best performance based on their most recent performance evaluations shall be determined to have the most seniority.
B. Seniority Calculation.
The City will designate the number of positions within those classifications designated for elimination. All layoffs designated shall be in order of seniority within the employees' regularly assigned classification. Seniority will be calculated by combining the employee's full-time service in the classification designated for layoff with any other service in a higher classification within the Police Department. Employees with the least seniority will be laid off first.
Seniority shall be recognized in the event of:
• Reduction in force;
50 • Recall; and
• Scheduling of vacations.
SECTION 9: LAYOFF AND RE-EMPLOYMENT
A. Layoff
Reductions in the City's work force should be accomplished by attrition when possible.
When cost reductions cannot be achieved through voluntary means layoffs may be required to reduce City costs. Any employee may be laid off by the City Manager, or his/her designated representative, in the event of the abolition of his/her position by the City Council, or if a shortage of work or funds requires a reduction in personnel. Layoffs shall be within departments of the City by job classification according to seniority in that classification targeted for layoff and any higher classifications in which the employee served. No permanent employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, probationary status, or as a regular part-time employee are retained in the same classification as the permanent employee.
B. Advanced Notice of Layoff
The City will give at least twenty (20) days advance notice of the proposed layoff to the employees that will be laid off. The notice of layoff shall include a statement outlining reemployment rights of the employee that is to be laid off.
C. Demotion in Lieu of Layoff (Bumping Rights).
An employee receiving a layoff notice may voluntarily demote to a lower classification in lieu of layoff within the Police Department. The employee must meet all of the qualifications for the lower classification and have sufficient seniority to bump a less senior employee in the lower classification.
Seniority of the bumping employee shall be based on the time served in the employee's current and any higher classification(s) plus any time served in the classification the employee is bumping to. This combined seniority must exceed the seniority of the employee being bumped. A lower classification is determined by the rate of base pay assigned the classification.
D. Re-Employment List.
When an employee is laid off and has been performing his/her duties in a satisfactory manner prior to being laid off, as shown by the records of the Police Department the 51 City shall cause the name of the employee to be placed on a re-employment list for the appropriate classification. The order in which names shall be placed on the reemployment list shall be by seniority within each classification, which means "last-laid off, first rehired." In filling vacancies, eligible names on the re-employment list take precedence over names on any other list for the same classification in the department. The employee shall be eligible for re-employment within two (2) years of the layoff date as vacancies occur. The re-employment fist shall expire after two (2) years and the employee shall not have any further right to be re-employed with the City.
52 SIGNATURE PAGE AGREEMENT
The terms of this agreement shall be in effect from July 1, 2021 through June 30, 2024.
Thereafter, the provisions of this Agreement shall remain in effect year by year unless either the City or the Association notifies the other not later than May 1, 2018 of its request to modify, amend, or terminate the contract.
In witness whereof, this Agreement was ratified by a membership vote of the lone Police Officers Association on February 8, 2022.
City of lone lone Police Officer's Association
Atte
By By:
Dan Epperson, Mayor Alfonso Casias, President
By:
Michael Rock, Interim City Manager
By:
Michael Damiano, Vice-Present
By: 11231)
By:
(/Janice Traverso, City Clerk
Approved as to Form:
APPENDIX A
FY 2021 Pay Scale
Classification Step A Step B Step C Step D Step E
Sergeant Hourly $ 36.48 $ 38.30 $ 40.22 $ 42.23 1$ 44.34 Police Officer Hourly $ 30.61 $ 32.14 $ 33.75 $ 35.44 $ 37.21 FY 2022 Pay Scale
Classification Step A Step B Step C Step D Step E
Sergeant Hourly 37.21 $ 39.07 $ 41.02 43.07 45.23
Police Officer Hourly 31.22 $ 32.78 $ 34.43 36.15 $ 37.95 FY 2023 Pay Scale
Classification Step B Step C Step D Step E
Sergeant Hourly 37.95 41.84 43.93 $ 46.13
Police Officer Hourly 33.44 $ 35.12 38.71
#6
Agenda Item
DATE: February 15, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
SUBJECT: Approve the creation of a new position of Public Works Manager and delete the position of Public Works Superintendent from the Salary Schedule
RECOMMENDED ACTION:
1. Delete (1) FTE position of Public Works Superintendent from the Salary Schedule
2. Add (1) FTE position of Public Works Manager to the Salary Schedule
3. Allocate an additional $14,431/year for salary and benefits for the Public Works Manager beginning in FY 2022/23
FISCAL IMPACT:
The overall impact of the Public Works Manager position compared with the lower paying Public Works Superintendent position is an increase in total compensation of about $14,431 for a full fiscal year beginning in FY 2022/23. The Public Works Manager base salary range is $77,736- $94,488.
The City has funding available for the increase in the current fiscal year due to salary savings on positions still not filled and increasing revenues.
BACKGROUND:
The job duties for the PW Superintendent have changed significantly over the last year.
The City hired an additional Maintenance Worker in this fiscal year and created a permanent Building Official/Code Enforcement Officer position both of which report to the PW Superintendent. There are now four staff reporting directly to the PW Superintendent.
Due to these increasing supervisory responsibilities and due to reorganizing the building inspection and code enforcement program into the Public Works Department it has become necessary to reclassify the title of PW Superintendent to PW Manager to better reflect the increased supervisory and management duties now required of the position.
The City has grown steadily over the last several years and now has a population of over 6,000 residents and 10,000 when counting the MCSP census. The need for a higher level of staff support has become very evident over the last year.
The PW Superintendent has just received his annual performance review and is in very good standing.
ATTACHMENTS:
Public Works Manager Job Specification with Salary Schedule OF
TO NE
FORNI
CITY OF IONE
JOB SPECIFICATION
Public Works Manager
Class Title Public Works Manager
Salary $77,736- $94,488 Annually
Organizes, coordinates, and directs the functions of the Public Works Department Operations which includes parks and street maintenance, facilities and fleet maintenance, building inspection and code enforcement, and some oversight of wastewater operations.
The Public Works Manager is an unrepresented and exempt management position.
SUPERVISION RECEIVED AND EXERCISED: Supervises all staff in the department and receives general direction from the City Manager.
EXAMPLES OF ESSENTIAL DUTIES:
• Plans, organizes, assigns and directs the activities, operation, maintenance and programs of the Public Works Department which includes the maintenance and repair of City infrastructure, oversight of all public works and building inspections and code enforcement activities and oversight of the wastewater operation. • Establishes performance measures for each subordinate accomplishments and to set yearly goals.
• Establishes, implements and evaluates department goals, priorities, objectives, policies and procedures including City Council Strategic Plans. • Determines the need for new equipment and facilities, capital improvements and major repair, rebuilding projects, and reviews and evaluates all public works and building inspections and code enforcement activities.
• Coordinates the activities of the department with those of other city departments and public agencies.
• Ensures compliance with pertinent federal, state and local laws and regulations with particular focus on wastewater related regulations.
• Assigns work activities, projects, and programs and monitors workflow. • Reviews and evaluates work products, methods, and procedures produced by staff. • Prepares or directs the preparation of a variety of reports, correspondence and special studies including Council reports and annual State and Federal reports.
Directs the preparation, justification, and administration of the departmental budget Directs the selection, development, supervision, evaluation and discipline of department staff.
MINIMUM QUALIFICATIONS
EDUCATION AND EXPERIENCE: Any combination of training and experience which would provide the required knowledge and skill. A typical way to obtain the required knowledge and skill would be:
Education: High school diploma or equivalent. AA/AS degree in Construction Technology, Architecture, or related field is highly desirable.
Experience: Four years of responsible experience performing the duties of a Maintenance Worker or at least two of those four years as a Public Works Superintendent or equivalent position.
Knowledge of: Basic principles of the maintenance and repair of City infrastructure and directing capital improvement projects. Basic principles of public works and building inspections and code enforcement.
LICENSES AND CERTIFICATES: Possession of, or ability to obtain and maintain, a California driver license by the time of appointment. Individuals who do not meet this requirement due to a disability will be reviewed in a case-by-case basis.
At the option of the City, persons hired into this class may be required to either possess at entry or obtain within specified time limits, designated licenses, certificates or specialized education and training relevant to the area of assignment. Additional requirements may include, but are not limited to the following:
• Possession of, or ability to obtain and maintain a Building Inspector's Certificate as issued by the I.C.C. within one (1) year of employment. • Certified Combination Inspector
Certified Building Inspector
Certified Electrical Inspector
Certified Plumbing Inspector
Certified Mechanical Inspector
• Accessibility Specialist Certification (CASp)
SUPPLEMENTAL INFORMATION
WORKING CONDITIONS: May be required to work off-hour and/or attend off-site meetings.
PHYSICAL DEMANDS: Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Mobility to occasionally traverse uneven terrain, periodically standing, stooping, bending, climbing and kneeling to perform inspections; on occasion may be required to work in exposure to weather.
This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Positions in this classification occasionally lift and carry reports and records that typically weigh less than 20 pounds.
ENVIRONMENTAL ELEMENTS: Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing department guidelines, policies and procedures.
Agenda Item # 7
DATE: February 15, 2022
TO: Mayor and City Council Members
FROM: Michael Rock, Interim City Manager
SUBJECT: Discuss and Consider appointing a Youth Advisory Position to the Parks and Recreation Committee
RECOMMENDED ACTION:
Staff is recommending the Council consider creating a Youth Advisory position on the Parks and Recreation Commission.
FISCAL IMPACT:
Very minimal impact for staff time.
BACKGROUND:
A high school student inquired, a few weeks ago, as to whether it would be possible to serve on the Parks and Recreation Commission in a youth or student capacity. In reviewing the lone Municipal Code there is a provision that allows for the City Council to appoint advisory personnel to assist the Parks and Recreation Commission.
The Municipal Code states: The City Council may from time to time appoint advisory personnel to assist the Commission. Such advisors shall not have voting privileges.
If the Council is interested in pursuing this advisory position staff could return to a future council meeting with eligibility requirements for a youth advisory position on this Commission.
Attachments:
Municipal Code Section 2.36.020 (E)
2.36.040
E. The city council may from time to time appoint
advisory personnel to assist the commission. Such advisors shall not have voting privileges.
(Res. 981 § 1, 1996; Ord. 304 § 3, 1990)
2.36.030 Terms of office.
A. Commissioners shall be appointed by the mayor
with the approval of a majority of the city council.
B. The commissioners, other than advisory personnel
and ex-officio members, shall be appointed as follows:
Three of the members first appointed shall be desig-
nated to serve the terms of one, two, and three years re- spectively from the date of their appointments and two
shall be designated to serve for terms of four years from the date of their appointments. All successors shall be ap- pointed for two years. The term of office shall start on the fourth day of September and shall end on the third day of September two years from that initial date. A member shall hold office until his or her successor has been ap- pointed.
C. Any commissioner who misses three consecutive
meetings with unexcused absences may be requested by the commission, the city council, or the mayor to resign.
The first chairperson of the commission shall be
designated by the mayor to serve a term of four years.
Thereafter, the chairperson shall be elected annually at the commission's first meeting in September by the member of the commission. A vice-chairperson shall also be elected at that meeting.
(Res. 1274 §§ 1, 2, 2001; Ord. 304 § 4, 1990)
2.36.040 Powers, duties and procedures.
A. The commission shall operate pursuant to by-laws
approved by the city council.
B. The powers and functions of the commission may
include:
1. Research, investigations, studies and analy-
sis of park and recreation matters;
2. Preparing and recommending policy matters
for consideration by the city council;
3. Oversee implementation policies as directed
by the city council;
25 Supp. No. 11