Agenda packet — Montague City Council, March 6, 2025 (part 1 of 2)

City of Montague Regular City Council
230 S. 13th Street, Montague, CA 96064 Ph. (530) 459-3030 Fax: (530) 459-3523 ************************************************************************************** In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a public accessible place, 72 hours in advance of the meeting.

CITY OF MONTAGUE CITY COUNCIL MEETING AGENDA
March 6, 2025
6:30 P.M.

Council Chambers, 230 S. 13th Street, Montague, CA 96064 PARTICIPATION: Participants can attend in person, online, and/or by telephone, as follows:
• In-person at: Montague City Council Chambers, 230 S. 13th St. • Online via WebEx at: https://citvofmontaaue-454.mv.webex.com/meet/clerk • Meeting number (access code): 2630 874 0065
•
Telephone at:,1-650-479-3208 When prompted, enter Meeting ID: 26308740065 Passcode: *89335983 AGENDA PACKET: Copies of all staff reports and documents sub ject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 230 S. 13th Street, Montague, California, during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours. Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.cityofmontagueca.com.

SPEAKERS: Speakers, please stand at the podium and speak loudly so the entire room can hear you. The chairman will recognize you and ask that you state your name and mailing address so that the City Staff can follow up on any issues requiring City action, or provide you with information, if appropriate.

Please silence your cell phones. Thank you!
CITY COUNCIL AGENDA:

I. CALL TO ORDER:

H. ROLL CALL:

III. PLEDGE OF ALLIGIANCE:

IV. PUBLIC COMMENTS: '‘This time is set aside for the public to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda within the authority of the City Council. If your comments concern an item noted under New Business or Old Business on the Regular Agenda, please address the City Council when that item is open for public comment.” (The Brown Act requires the public be given the opportunity to address the City Council before action is taken. If there is a Consent Agenda, there is no other opportunity for public comment on items on the Consent Agenda.) The City Council has the right to reasonably limit the duration of each speaker to three minutes. Speakers may not cede their time. The City Council may ask questions but may take no action during the Public Comments portion of the meeting, except to direct staff to prepare a report, or to place an item on a future agenda.

V. AGENDA APPROVAL:

VI. CONSENT CALENDAR: Discussion/possible action - All matters listed under the consent calendar are considered routine and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion. The City Clerk recommends approval of the following consent calendar items:

1. Approval of City Council Meeting minutes for 1 1/7, 12/5, 1/2 AND 2/3 340291.1

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City of Montague City Council Agenda
March 6, 2025

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VII. DEPARTMENT REPORTS:

1. Sheriffs update for February 2025

2. City Engineer’s update for February 2025

3. Planning Commission’s update for February 2025
Vin. NEW BUSINESS:

1. Discussion only of amending Resolution 17-36 section 7.1.1 to a simple majority vote

2. Discussion/possible action nominate Mayor and Mayor Pro Tempore

3. Resolution 25-02 A RESOLUTION OF THE CITY OF MONTAGUE CITY COUNCIL ACCEPTING THE 2024 GENERAL PLAN ANNUAL. PROGRESS REPORT AND APPROVING THE TRANSMITTAL OF THE REPORT TO THE GOVERNOR’S OFFICE OF LAND USE AND CLIMATE INTIATIVE AND THE

CALIFORNIA DEPARTMANT OF HOUSING AND COMMUNITY DEVELOPMENT

4. Consideration/approval of Community Development Block Grant MOU

5. Discussion/possible action Cal Ore to use community hall

6. Consideration/approval of Diggle Field contract for Yreka Little league for 2025 season.

7. Discussion of March 2025 Water Rate Increase:

8. Introduction and First Reading of an Ordinance Amending Title 2 Administration And Personnel to Clarify Duties of the City Administrator, City Clerk, City Attorney and Director Of Public Works, and Amendment of Section 2.32 Personnel System; and Discussion of Amendment to City of Montague Personnel Policy and Procedures and Employee Handbook

9. Consideration/approval of contract with AGT in the amount of $28,000 for pre-audit services

10. Consideration/approval of the purchase of 2 trucks for public works for the amount of $65,000

11. Approval of Alternate Work Schedule
IX. COUNCIL AND STAFF REPORTS for January 2025

1. Fire Department:

2. Public Works/City Administrator:

3. Animal Control/ Code Enforcement:

4. City Clerk:

5. Treasurer:

6. Library:

7. Commissioner/ Council Statements and Requests: Members of the council may now make brief announcements, reports, or request staff to report to the council on any matter at a subsequent meeting

1. ADJOURN:
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City of Montague City Council Agenda
A March 6, 2025
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In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 72 hours in advance of the meeting.

Public Hearings: If you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a Planning Commission decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the Planning Commission, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Montague is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Montague, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

The City of Montague does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk 48 hours prior to the meeting at (530) 459-3030 or by notifying the Clerk at [email protected] 340291.1

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City of Montague City Council Agenda
March 6, 2025

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AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA

COUNTY OF SISKIYOU

CITY OF MONTAGUE
1, David Dunn City Administrator for the City of Montague, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the Regular City Council of the City of Montague, California, was delivered and/or notice by email not less than 72 hours, before the hour of 4:30 PM on March 3, 2025 to the members of the City Council, caused the agenda to be posted at the bulletin board found at City Hall, 230 S. 13th Street, Montague CA, and a copy to be place for review at the Office of the City Clerk.

POSTED: February 27, 2025 @ 4:30 PM
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CITY OF MONTAGUE CITY COUNCIL MEETING
MINUTES NOVEMBER 7, 2024
6:30 P.M.

Council Chambers, 230 S. 13th Street, Montague, CA 96064 PARTICIPATION: Participants can attend in person, online, and/or by telephone, asfollows:
• In-person at: Montague City Council Chambers, 230 S. 13‘h St. • Online via WebEx at: https://cityofmontague-454.my.webex.com/meet/clerk • Meeting number (access code): 2630 874 0065
•
Telephone at:1-650-479-3208 When prompted, enter Meeting ID: 26308740065 Passcode: *89335983 AGENDA PACKET: Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 230 S. 1 3>b Street, Montague, California, during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the
meeting will be available for public inspection at the City Clerk’s office during normal business hours. Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.citvofinontagueca.com.

Please silence your cell phones. Thank you!
CITY COUNCIL AGENDA:

I. CALL TO ORDER: @ 6:30 PM
II. ROLL CALL: Murakami, Vela, Dooley, and Jackson present.

III. PLEDGE OF ALLEGIANCE:

IV. PUBLIC COMMENTS: This time is set aside for the public to addressthe City Council on matters listed on the Consent Agenda, items not included on the Regular Agenda within the authority of the City Council, and Closed Session. If your comments concern an item noted under New Business or Old Business on the Regular Agenda, please address the City Council when that item is open for public comment. There is no other opportunity for public comment on items on the Consent Agenda or Closed Session. The City Council has the right to reasonably limit the duration of each speaker. Speakers may not cede their time. The City Council may ask questions but may take no action during the Public Comments portion of the meeting, except to direct staff to prepare a report, or to place an item on a future agenda.

Vernon Pearston 820 Old Montague Rd. States that citizens are upset because the lack of communication. It used to be that if citizens had a question they could come to the clerk and get on the agenda and talk with the council. Now citizens have to come to the meeting and talk in public comment but the council wont answer them. He also states it would be wise to get a sound system for the people in the back row that cannot hear what the council is saying.

Diane Torpin with Rotary of Montague requesting to be put on the December agenda to do an update on 2024 Montague Balloon Fair. She also states that Rotary has been working with this community for 75 years. Their sole purpose is to support this community. The Rotary is here to partner with the City of Montague even though she feels that this is not was is being seen. This was the 26th year for the Montague Balloon Fair. This event brought people from Shasta County and other states to support the city. The Rotary agreed to have a car show this year in the Balloon Fair because the council wanted it. 3 weeks before the event they were notified that it was not happening. Rotary was left high and dry to try and mitigate the problem. It was sent out to 381054.1
General Plan approved. Motion made by Jackson, seconded by Vela. All Ayes.

4. Discussion of Issues (Non-personnel) Regarding Montague Fire Department- Pro Tem Vela reporting. Says that there is no discussion on personnel issues. You may only speak about the fire department. Jake Deegan presenting. He asks if he can say names of individuals or about leadership in the fire department. Pro Tem Vela answers with, you can speak about apparatuses or anything that has affect upon the fire department but no individuals can be mentioned. Mayor Murakami says that he can answer some questions that were presented to him by letter. Locks on the fire department are code locks so when a firefighter leaves we change the locks so that they cannot get in. They could not change the codes because they don’t have the master code.

Tara Piken comments asking if she can commentsince this is her letter. Mayor Murakami says she may present. Attorney Jared then interjects and saysthat this is not public comment. The agenda item is being presented. After the council isfinished presenting, then they will move into public comment where they will save all questions till the end and then answer them all at once. Tara Pitken then asks the attorney if she can comment on her letter. Attorney Jared then says she may write down her question or the council can open public comment for this item and then everyone can comment. Then council will answer questions at the end.

Tara Pitken comes to the podium and says that Chief Vela was not terminated he was put on administrative leave and you still changed the locks. It was stated before when a firefighter leaves the fire department changes the locks but Vela didn’t leave. Mayor Murakami then says that these are personnel issues. Teresa Newton asks who purchased the locks that were changed. Jake Deegan presents. He addresses the mayor to say that I can think of at least of 4 volunteers that have left the department and the locks were never changed.

They have been the same for the past 5 or 6 years. Mike Crow presenting. Says that no charges have been filed on Chief Vela. The department is not fun to hang out at anymore. The call times have dropped significantly. He is requesting the fire chief to be reinstated since no charges have been filed. He also requests that the assistant fire chief step down from his position and has no say in the vote. Teresa Newton says that it concerns her that the fire department is descaling and the citizens are paying for this service through taxes.

The volunteers are not comfortable being at the fire department. Josh Johnson commented that the council should really consider the letter that was submitted to them that was about personnel. He states that what it in that letter effects everyone. Tara Pitken the volunteers looked through the bylaws and wrote a petition to try and make this place better and the council should respect the volunteers enough to listen to what they are trying to show them. They followed all of the rules and it was dismissed. The Mayor should be removed.

Teresa Newton asks who paid for the locks and who installed them. Mayor Murakami answers with the Fire Department paid for them and he installed them. Pro Tem Vela saysthat these locks have individual codes so we can just delete the code of the volunteer that leaves. The audience says so were the previous locks. They are absolutely the same as the old ones. Someone asks if there is any approval process to change the locks.

Mayor Murakami says no. It was asked how much the locks cost. Mayor answers $100 apiece. Attorney Jared then asks if public comment is over. Teresa Newton then comments again. Attorney Jared says that you get one chance to have your three minutes to speak. He suggeststhat we give Newton 2 more minutes to speak.

Newton asked to put the Fire Department budget, and the expenses for the locks on the next agenda as an agenda item. Then she amends her statement to say she would like to have the whole city budget from January 1st thru October 31st. Mindy Vela presents. Replacing locks should be the worst of our worries.

Andrew Jared has charged our city over $6,000 in August alone over the issues that have to do with the fire department. We should have an issue with a man from Pasadena running our meetings, and running our city.

The Council does not have to listen to him. He gives recommendations, the council can think for themselves.

Attorney Jared is making money off our struggles and he should be ashamed of himself. Motion to put the requested agenda items on the next agenda made by Jackson, seconded by Vela. Jackson, and Vela Aye, Murakami Nae, and Dooley Abstains. Motion passes.

IX. OLD BUSINESS:

1. Consideration of approval of the Final Budget for Fiscal Year 2024/2025- Administrator Dunn presenting.

Budget was sent to the pre-auditor to make the amendments. This is what he had sent back. Pro Tem Vela says he has gone through it and it looks correct. Clerk Monday says there is a resolution that is supposed to be adopted along with the budget but was not ready for this meeting. It will have to be presented at a later date.

Approved. Motion made by Vela, seconded by Dooley. All Ayes. 381 1 COUNCIL AND STAFF REPORTS
the workshop. Vela reports for the air pollution control board meeting was recorded because of technical issues.

XI. CLOSED SESSION: @ 8:02 PM

1. (Gov.Code 54957(b)(1) (EMPLOYMENT, PERFORMANCE EVALUATION) Montague Fire Assistant Fire Chief:

Open Session: @10:02 PM No final action taken. Direction was given to the City Attorney.

XII. ADJOURN: @10:03 PM
Motion made by Jackson, seconded by Vela. All Ayes.
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CITY OF MONTAGUE CITY COUNCIL MEETING MINUTES
DECEMBER 5, 2024
7:30 P.M.

Council Chambers, 230 S. 13th Street, Montague, CA 96064 PARTICIPATION: Participants can attend in person, online, and/or by telephone, as follows:
• In-person at: Montague City Council Chambers, 230 S. 13th St. • Online via WebEx at: https://citvofmontaaue-454.mv.webex.com/meet/clerk • Meeting number (access code): 2630 874 0065
•
Telephone at:,1-650-479-3208 When prompted, enter Meeting ID: 26308740065 Passcode: *89335983 AGENDA PACKET: Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 230 S. I3lh Street, Montague. California, during normal business hours. Any writing that is subject to disclosure that relatesto an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours. Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.cityoftnontagueca.com.

Please silence your cell phones. Thank you!
CITY COUNCIL AGENDA:

I. CALL TO ORDER: @ 6:30 PM
II. ROLL CALL: Muramaki, Jackson, Dooley, and Vela present.

III. PLEDGE OF ALLIGIANCE:

Teresa Newton comments that at the last meeting she had requested that she would have the City Administrator job description and expenses and revenue for the city but it is not on the agenda. Administrator Dunn says that he put the Fire Department budget and the cost for the locks. Newton says that’s not what she asked for and there is no minutes to reference.

V. AGENDA APPROVAL: Approved. Motion made by Dooley, seconded by Vela. All Ayes.

1. Approval of City Council Meeting minutes for 10/3: Approved. Motion made by Jackson, seconded by Vela.

All Ayes.

VII. DEPARTMENT REPORTS:
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1. Sheriffs update for November 2024- Sargent Yates reporting. Report included.

2. City Engineer’s update for November 2024- No report. Dunn reporting. They are working on Diggle Field.

3. Planning Commission’s update for November 2024- Dunn presenting. Citizens wanted to put up taller fences.

They approved both.

Vin. NEW BUSINESS:

1. Swearing-in newly elected council members- Administrator Dunn swears in Council members Murakami, Dooley, Jackson, and Vela.

2. Discussion/possible action nominate Mayor and Mayor Pro Tempore: Dooley nominates Murakami for Mayor. Jackson nominates Vela. Vela accepts the nomination. Nomination is dead locked. Jackson and Vela voted for Vela. Murakami and Dooley voted for Murakami. The current Mayor will stay in his position until a fifth council member is appointed. Murakami nominates Jackson for Pro Tern. Dooley nominates Vela.

Nomination is dead locked. Jackson and Murakami voted for Jackson. Vela and Dooley voted for Vela. The current Pro Tern will stay in his position until a fifth council member is appointed.

3. Discussion/possible action consideration to fill vacant City Council seat-Dunn presenting. There are two ways to fill a vacant council seat. You can request a letter of interest from the citizens or we can do a special meeting but it will cost the city $10,000. Kym Rose asks why you can nominate yourself but you cant vote for yourself. Mayor Murakami says that you have always been able to vote for yourself. Approved to fly vacant council seat for 30 days. Motion made by Vela, seconded by Dooley. All Ayes. The position end date will be January 6th at 4:00 PM. Then schedule a special meeting for February 3rd to seat the new member.

4. Review of FY 24/25 Fire Department Budget and door key locks- Administrator Dunn presenting. They are some discrepancies in the budget that are explained. Payment for truck, payroll out of wrong GL, etc. The door locks were paid out of the buildings line for Fire Department and was a total of $377.09. The Fire Department budget is about $70,000 over budget Mayor Murakami asks. Administrator Dunn explains that it is over budget because of the discrepancies told previously.

IX. COUNCIL AND STAFF REPORTS for November 2024

1. Fire Department: Mayor Murakami reports. 31 calls overall. 7 District, 7 Mutal Aid, and 17 for the City.

Average one per day.

2. Public Works/City Administrator: Dunn presenting. Employees would like to use the rotary room for the Christmas party on January 3rd. General Consensus. Rotary is paying $10,000 for new tables in community hall. Administrator Dunn asks council to put a pole across Hoag Street to block people from getting stuck in the mud. General Consensus. Approved.

3. Animal Control/ Code Enforcement: Report included.

4. City Clerk: Clerk Monday presenting. Account Clerk will be leaving at the end of December for surgery for a month. Clerk will be the only one in the office.

5. Treasurer: No report.

6. Library: Manager Suzie join via video. Preparing for the Christmas Bazaar. Will have a local author at the booth with her book. She is a notary so all proceeds for the month of January will go to the library. She has been very ill the last couple months and the library has not had to close once because of the amazing volunteers.

7. Commissioner/ Council Statements and Requests: Members of the council may now make brief announcements, reports, or request staff to report to the council on any matter at a subsequent meeting.

Dooley comments on the decorations in City Hall saying they are amazing. Vela received a report from Right Click Technologies for our End of Life report for the PC’s in City Hall. General Consensus to add to the agenda next month. Mayor Murakami says we will have Vocal Ensemble will be singing at the tree lighting this year. We have a Santa for the Bazaar as well. A new Santa suit needed to be purchased because the old one was disposed of without the Mayor’s knowledge. Teresa Newton asks if Mayor Murakami has anything to report from the Fire District meeting? She said that Mayor Murakami had said that Administrator Dunn 340291.1
will now be the commissioner for the Fire Department. Mayor Murakami says he had stated that the City is getting restructured so the City Administrator will be the supervisor over all departments. This is waiting the restructuring of our City Government.

X. CLOSED BUSINESS: @ 8:06 PM
Open session @ 11:26 PM

1. Conference with Legal Counsel-Anticipated Litigation (City Initiating): Government Code 54956.9(d)(4) Number of Cases; 1

2. Public Employee Performance Evaluation (Gov.Code 54957(b)(1)(EMPLOYMENT, PERFORMANCE EVALUATION DISMISSAL) Assistant Fire Chief, Acting FireChief, Firefighter- No action taken.

3. Public Employee Appointment (Gov. Code 54957(b)(1) (Employment) —Positions: Acting Fire Chief-No
action taken.

XI. ADJOURN: @ 11:27 PM
Motion made by Dooley, seconded by Jackson. All Ayes.
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CITY OF MONTAGUE CITY COUNCIL MEETING MINUTES
JANUARY 2, 2025
6:30 P.M.

Council Chambers, 230 S. 13th Street, Montague, CA 96064 PARTICIPATION: Participants can attend in person, online, and/or by telephone, as follows:
• In-person at: Montague City Council Chambers, 230 S. 13th St. • Online via WebEx at: https://citvofmontaaue-454.mv.webex.com/meet/clerk • Meeting number (access code): 2630 874 0065
•
Telephone at:,1-650-479-3208 When prompted, enter Meeting ID: 26308740065 Passcode: *89335983 AGENDA PACKET: Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are available for public inspection 72 hours before each regularly scheduled meeting at the City Clerk’s office at City Hall, located at 230 S. 13lh Street, Montague, California, during normal business hours. Any writing that is subject to disclosure that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at the City Clerk’s office during normal business hours. Materials distributed to a majority of councilmembers less than 72 hours before a meeting will be available for public inspection on the City’s website at www.cityofmontagueca.com.

SPEAKERS: Speakers, please stand at the podium and speak loudly so the entire room can hear you. The chairman will recognize you and ask that you state your name and mailing addressso that the City Staff can follow up on any issues requiring City action, or provide you with information, if appropriate.

Please silence your cell phones. Thank you!
CITY COUNCIL AGENDA:

I. CALL TO ORDER: @ 6:30 PM
II. ROLL CALL: Murakami, Jackson, Dooley, and Vela present III. PLEDGE OF ALLEGIANCE:

IV. PUBLIC COMMENTS: “This time is set aside for the public to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda within the authority of the City Council. If your comments concern an item noted under New Business or Old Business on the Regular Agenda, please address the City Council when that item is open for public comment.” (The Brown Act requires the public be given the opportunity to addressthe City Council before action is taken. If there is a Consent Agenda, there is no other opportunity for public comment on items on the Consent Agenda.) The City Council has the right to reasonably limit the duration of each speaker to three minutes. Speakers may not cede their time. The City Council may ask questions but may take no action during the Public Comments portion of the meeting, except to direct staff to prepare a report, or to place an item on a future agenda. Michael Crow presenting. Says that he has just got done with a 2000 mile road trip so he is frazzled. He is having Mindy Vela read a passage that he had written for tonight’s meeting. The statement says; "It has been months since the assistant fire chief has caused the fire chief to be put on administrative leave for undisclosed reasons, unknown allegations, implications of wrong doing in generalities, and personal slander yet no charges have been filed. The months this has been going on has created a hostile work environment at the fire department among the volunteers causing the number of volunteers responding to go down, or notrespond at all. The assistant fire chief is also the mayor, and the president of the Montague fireman's association where he has admitted his dereliction of duties by providing no oversight of the financials he is responsible for. These are some of the conflicts of interest where he should recuse himself. The assistant chief lied at the last meeting saying that there have not been any calls that Montague Fire Department has not responded to and that the number of responders has not dropped off. We the responders know that this is untrue as does the dispatch center, and other fire chiefs that are talking about it. One of our elected officials told members of the fire department that since our chief was relieved of duties, he had a reported fire at his house that Montague never showed up to. As an example. lam requesting five agenda 384850.1
City of Montague City Council Agenda
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items be added to the next meeting. 1. General discussion of the status of how the fire department is operating without the fire chief present. This includes not having access to purchase/replace much needed personal protective safety equipment, not having access to computers, files or reports, the vote of no confidence among the fire fighters to the assistant chief, his lack of leadership, ineffectiveness on an emergency, and any other topic we'd like to discuss during this time. 2. The reinstatement of the fire chief to reestablish the continuity of operations that both the community and the firefighters deserve, resume our support activities that include reinforcement with personnel and equipment to our neighboring fire departments that also support us, to regain the trust of the public we serve, And get back to the level of service that we historically have been well known for.

3. The removal of the assistant fire chief either temporarily or permanently citing the hostile work environment he has created, his refusal to acknowledge of his conflicts of interest, his lack of leadership, his inability to effectively function on an incident ground, his refusal to communicate and actually become very secretive and standoffish to the volunteers of the fire department, in addition to hurting the city of Montague financially both by causing thousands of dollars in unnecessary attorney costs, and removing the Montague fire department from the ability to go on strike teams to not only help communities that are on fire and losing lives and homes, not contributing to City monies that help upkeep a budget that hasn't been updated with the fire department since the 1970s, and took away the ability for our volunteers to make some money on these strike teams for the hundreds of calls they go on every year for free. That takes food out of our family's mouths. 4. City council to vote on reinstating the fire chief immediately. 5. Removal of the assistant fire chief immediately V. AGENDA APPROVAL: Approved. Motion made by Vela, seconded by Jackson. All Ayes.

1. Approval of City Council Meeting minutes for 11/7, and 11/19: Approved. Motion made by Jackson, seconded by Dooley. All Ayes.

VII. DEPARTMENT REPORTS:

1. Sheriffs update for December 2024- No report. No representative.

2. City Engineer’s update for December 2024- Administrator Dunn reporting. Finished handicap parking pad, and handrail at Diggle Field.

3. Planning Commission’s update for December 2024- No meeting.

Vin. OLD BUSINESS
IX. NEW BUSINESS:

1. Rotary of Montague update for 2024 Balloon Fair: Diane Torpin presenting. 2024 Balloon Fair was a huge success. 15 pilots showed up this year. They love coming here because it is a small group and they all know each other and have a great time. The Balloon Mister was amazing and had done a wonderful job. The night glow was a struggle because of the wind but the pilots worked really hard and pulled it off. 3 different news crews published about this event. 27,500 people looking at the Facebook pages. They also have a website and flyers to get the word out. To get a pilot here it costs about $1,000 between $300 stipend, food, and lodging.

Whish is a small price to pay for what these pilots spend in gas alone. Blue Star Gas donates all the propane, and Forest Service donates by bringing the Smokey Bear balloon. RVers went up by about 35% this year.

Scott, Jay, and Brandon from the YMCA did all the parking this year. They loved the gate that Public Works 384850.1
City of Montague City Council Agenda
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January 2, 2025
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installed for safety. Even Yreka Transfer voiced his appreciation for the gate so he didn’t have to go the back way. Thank you to everyone who keeps supporting this event. Yreka Food Bank are now helping Montague residents so they donated. Siskiyou Radio, Eric Erickson got all of the sound equipment and broadcasted the event all the time. Thank you to him. Top of the list is Montague Public Works and Pure Siskiyou. Many comments saying that this was the best parade they have had in years! Thank you to Mindy and Jessie for that. 5300 total visitors. 60% were from Siskiyou County, the other 40% wasfrom outside the county. Will work on parking next year for the night glow. People were parked all the way down Highway 3. Want to also promote more businesses in Montague and get people to stay here. Montague Rotary purchased 10 tables to the Community Hall and Christmas lights. $2500 goes toward scholarships for Montague kids. $1000 went towards outside lights on the Community Hall. $1000 went towards a cover on the pool. The connection of the people is a huge part of the event. So many people that only get together for this event. It draws people. 2025 dates are September 19th through 21st.

2. Purchase of Personal Computers from Right Click Technology Services for $4,509.64- Pro Tern Vela presenting. With windows 10 coming to an end in 2025, we need to replace the older computers. Mike Crow asks where the computers will be going. Pro Tem Vela says that they will be going into City Hall. Clerk Monday confirms this motion is to put into the budget not to purchase the computers at this time. Vela responds with we should purchase three this year and the other two at end of life. Approved. Motion made by Vela, seconded by Jackson. All Ayes.

3. Consideration of approval of a pilot program to test employee Alternate Work Schedule- Administrator Dunn presenting. Employees would like to do a 10 hour day. He proposes a pilot program for the month of January to see how they like it and then they will sign an agreement for record keeping. Jackson asked if they can change their schedule in the middle of the pilot program. Dunn says that Public Works all have to have the same schedule but City Clerks Office does not. Clerk Monday asked if he wanted to change the end date of the pilot program to fit into a pay period. Dunn says we will change it when they make the actual agreement.

Approved. Motion made by Dooley, seconded by Jackson. All Ayes.

X. COUNCIL AND STAFF REPORTS for December 2024

1. Fire Department- No Report.

2. Public Works/City Administrator- Administrator Dunn presenting. Christmas tree lighting was a success.

With all the rain there was a lake behind Community Hall so they cleared out the covert and pumped out the rest of the water. A valve at the sewer ponds was bad so that took a couple days to replace. Multiple people are on vacation or sick. It has been tough. Just trying to keep doing day to day tasks to keep this place going.

3. Animal Control/ Code Enforcement- ACO Johnson presenting. Requeststo be on his evaluation. Mayor Murakami doesn’t believe that is how to address that issue and asks Attorney Jared to elaborate. Jared says he needs to look at the code section. He then recommends to get his report and close out section 10, then when section 11 is open we will address this issue. Mike Crow asks if the public can know what is in the report.

Mayor Murakami then reads out the report. Josh Johnson then asks to be put on the next agenda for his position and wages.

4. City Clerk- Account Clerk is out and her next doctor appointment is January 13th. Hopefully she will be back then. Clerk Monday gives a verbal report. Clerk Monday says we need to get the City Administrator job description. Mayor Murakami comments these things take time and money. Jackson states we need to move forward on this. Administrator Dunn has been in this position for a long time and the Clerk having to make this statement is ridiculous. Citizens ask how there can be that position without a job description. Mayor Murakami answers with our code is very outdated.
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5. Treasurer- Pro Tem Vela reporting. Looked over the budget and highlighted the issues that need to be resolved. Clerk Monday says she will pull reports for these line items and make some time to have a meeting with Administrator Dunn and Pro Tem Vela.

6. Library- Interim Manager Clark presenting. At the Christmas Bazaar they made $58 from book sales. They are cleaning the rugs and reorganizing to make it more user friendly. They want to open one Saturday a month and in the evenings. They are getting together with the HUB and putting on a literacy fair in the Spring. The library is selling See’s candy in the library for valentines day. They are moving forward with the notary services. Have connected with end of life specialist so they can work with seniors to get the paperwork they need and to know what is available to them. She is hoping that these changes will improve attendance.

Jackson asks about the literacy fair and what that entails. Manager Clarks says they are having their first meeting next week so she will give more information next month. Jackson suggests a scholastic fair and they can involve all the schools. Manager Clark loves the idea.

7. Commissioner/ Council Statements and Requests: Members of the council may now make brief announcements, reports, or request staff to report to the council on any matter at a subsequent meeting. Pro Tem Vela says he has spoken to the attorney about the job description to have it done by December. He also had another conversation with him and he says will get it done by February. He proposes to have the Job Description on the next agenda. He also proposes to have Resolution 17.1.1 to be put on the next agenda to change all council votes to simple majority. Motion made by Vela, seconded by Jackson. Vela, Jackson, and Dooley Aye. Murakami Abstains. Motions passes. Pro Tem Vela saying the pre-auditor is not upholding to his contract and it is holding up city business. Administrator Dunn will contact AGT and see if we can get a contract with them to replace Sargent CPA. Dooley asks if we will get a fee for cancelling the contract early.

Administrator Dunn answers no. General Consensus for putting on termination of contract with Sargent CPA and hiring AGT. Administrator Dunn wants to set a date for interview for the vacant council seat. Interviews are set for February 3rd at 6. General Consensus. Mike Crow then asks for his agenda items that were read at the beginning of the meeting to be considered for the next agenda. Pro Tem Vela has Crow quickly read them again. Vela says only the first item presented can be on the agenda until the investigation is over. Motion to discuss Fire Depart conduct and business made by Vela, seconded by Jackson. Vela and Jackson Aye.

Murakami and Dooley Nae. Motion is denied. ACO Johnson asked again if he can be in his evaluation. He states this is the second time his performance has been evaluated and he has not had the chance to speak on his own behalf but when the Assistant Fire Chief was evaluated he was allowed to be present. Jackson says he was not present for his evaluation. Assistant Fire Chief Murakami came in after his review. Mayor Murakami then states this is not a back and forth discussion. Attorney Jared says it is up to the council to let him into the discussion. Mayor Murakami states he does not think it is a good idea. Jackson says she would like to know what is going on first, then let him in once council has been informed. ACO Johnson says by the code that is listed on the agenda, he was suppose to be notified and given a choice to have an open session meeting.

Mayor Murakami says that is a different code. Attorney Jared states when there is certain types of discipline those do need to be followed. However, this employee had his probation extended and under personnel rule

7.0 a probationary employee can be terminated at any time without appeal or hearing so those criteria do not apply. ACO Johnson would like to see in writing where his probation got extended.

XI. CLOSED BUSINESS: @7:43 PM
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I . Public Employee Performance Evaluation (Gov. Code 54957(b)(1) (EMPLOYMENT, PERFORMANCE EVALUATION) Animal Control/ Code Enforcement Officer: No action taken. Direction has been given to Administrator Dunn.

XII. ADJOURN:
384850.1

MINUTES

SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 3, 2025
6:00 P.M.

I. CALL TO ORDER: @ 6:00 PM
II. ROLL CALL: Murakami, Vela, Dooley, and Jackson all present.

III. PLEDGE OF ALLIGIANCE:

IV. PUBLIC COMMENTS: “As a special meeting, public participation is limited only to those items listed on the agent. If your comments are not related to a matter listed on this agenda, please address the City Council at the next regular meeting. The City Council has the right to reasonably limit the duration of each speaker to three minutes. Speakers may not cede their time.”
V. AGENDA APPROVAL: Motion made by Jackson, seconded by Vela. All Ayes.

VI. NEW BUSINESS:

1. Consideration of approval of applicants to be interviewed to fill vacant council seat. The applicants interviewed as follows: Gary Watson, Linda Susie Clark, Greg Johnson, John McCarthy, Seth Horn, and Micah Nichols. Voting ballots as follows: Vela for John McCarthy, Jackson for John McCarthy, Murakami not voting for anyone, and Dooley is not voting for anyone. Murakami turned over to Andrew Jared to explain why there would be no more votes. Jackson doesn’t understand because we had lots of good candidates. Vela asked about a special election. Murakami stated that we are at a deadlock and asking Andrew what the process would be moving forward. Andrew came on. Murakami explained that they were apparently deadlocked because there are two council members that are not voting for anyone and two council members that voted for the same individual which means they cannot have three positive votes for anyone. Murakami asked Andrew moving forward, what is the process? Andrew explained that this requires three affirmative votes for someone to be affirmed as the replacement candidate. Andrew continues that under the government code there are two ways that you could proceed with voting in a vacancy. One is through the appointment processthe other is through the election process. The government code allows for those two process fees to happen. You selected the first process so at this point there is nothing in the government code that says the city council has to select someone based on just applying and it is also silent on whether an election must happen now or an election can even happen.

Andrew thinks that they could call for a special election, but it is unclear whether or not you can do that.

Vela asks Andrew what is unclear about getting a special election? Vela continues it is very obvious what is going on here and I believe we need a special election. We need this fifth person to be able to run this city and we have two members that did not vote, which tells me that they are not interested in keeping the city running correctly. So, we need a special election. Andrew asked Murakami if he wanted him to continue explaining the situation. Murakami said yes. Andrew continues there is nothing in government code that says you must go to an election at this point and there is nothing that says you can prevent it either. Murakami interrupts and says he has a quick question; so, we would have to have a successful motion to have a special election in order to have a special election at this point, correct? Andrew answers yes, let me explain the process for that in order to put that on the special election. It is my interpretation, again, the code goes silent on this. That you would have to take action to select putting this item on the ballot and to that process I am not sure if it requires a resolution or not. At any rate council actually requires the council move to prove to take that action and in doing so it would be at next available special election date. The staff report outlines when those dates are. The election was very clear that there are five days a year that can happen and only two of those are available this year, one of them is in March and the other is in November of this year. The March date is unavailable because of the read time of fourteen days that needs to happen before the election to give people the chance to put their names on the ballot and also allow the election official to process the ballots and prepare the ballot. If the council were to put name on the ballot it could possibly be for November 4, 2025. Again, there is nothing in the government code that says specifically that it is allowed but there is nothing that says that its not allowed either. Murakami asks if we call the special election regardless if its in November or not it still costs the city 10 to 15 thousand dollars? Vela states recast your vote. Murakami I am speaking to the attorney excuse me, please keep the quorum, would it still cost us for the special election if we elected. If it’s in November, would it still cost us for a special election? Andrew said yes, you would still have to pay for the election, nothing has changed in thar regard. Murakami asks if we elect to do nothing what happens? Andrew responds if you elect to do nothing then it stands as it is. You don’t have a process and there is no state process under the law that says how this is otherwise fixed. Murakami then says so I guess the next thing would be if whether or not we could have a successful motion to have a special election which would be in November or do nothing. And if we do nothing then it would be status quo until the following November of 2026, is that correct? Andrew yes, you would have no choice but to focus on the ballot for November of 2026.

And at that point you accrue the cost of the launch. Murakami then says either A, we have a motion to have a special election and its successful or not or we do nothing. That is the choice. Vela makes the motion for a special election. Seconded by Jackson. All apposed, Murakami. Murakami spoke for Dooley stating that she abstained. Vela pointed out that Dooley did not speak and that Murakami spoke for her.

Murakami stated that it was a failed motion and no action can take place. Murakami continues so, no action will take place and that is the end of new business so can I get a motion to adjourn please? VIL ADJOURN: @6:54 PM
Motion made by Dooley, seconded by Murakami. All Ayes.

City Council Staff Report
AGENDA ITEM_VIII-1
Meeting Date: March 6, 2025
Subject: Consideration of amending Resolution 17-36 section 7.1.1to a simple majority vote
From: Dave Dunn, City Administrator
Introduction
At the request of Mayor Pro Tempore Vela, council placed this item on the agenda to change the requirement for number of votes required for council action be a simple majority vote of the members present at a meeting.

Discussion/Analvsis
Resolution 17-36 is the policy adopted regarding protocols for public meetings.

In section 7.1.1"Quorum" it is stated that, "Three votes are required for council action." This section does not address the 2/3's or 4/5's supermajority required under state and federal requirements for actions, or supermajority requirements under this policy or Rosenberg's Rules of Order.

In section 7.5.4 "Adoption by Majority Vote", it is stated that, "A motion shall be adopted by a majority of the City Council, unless otherwise required by these rules or the laws of California.
"Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the Council. (GC 36936)." This section correctly identifies that the City's ability to regulate the vote is limited by state law in certain circumstances. State law requires that in all cities the vote required 388258.1
Amending Resolution 17-36 section 7.1.1to a simple majority vote] March 6, 2025

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to pass an ordinance, resolution or orders for the payment of money be by a "recorded majority vote of the total membership of the council", or in this case, of the three affirmative votes. (GC 36936). Other scenarios exist under state law for required supermajority votes (e.g., 4/5ths: urgency ordinances; 2/3rds: Brown Act emergency situation, additions to agenda).

The City's rules may set a required vote only to the extent that the voting requirement does not contradict state or federal law. The policy here has been presented to not conflict with state or federal law, and to address situations already addressed within the policy and Rosenberg's Rules of Order.

Since council may not take a vote in opposition to state law, any required votes where a three vote, 2/3rds (4 votes), or 4/5ths (4 vote) minimum is required would be unenforceable.

Recommendation
That the City Council move to adopt the following motion:
"Approve the attached resolution amending sections 7.1.1. and 7.5.4 of the policy stated in Resolution 17-36 relating to the number of votes required to pass council action." Attachments:

1. [Proposed] Resolution 25-01

2. Resolution 17-36
Action Taken
388258, 1
Rev. 9/26/2024
Amending Resolution 17-36 section 7.1.1 to a simple majority vote] February 6, 2025

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to pass an ordinance, resolution or orders for the payment of money be by a “recorded majority vote of the total membership of the council”, or in this case, of the three affirmative votes. (GC 36936). Other scenarios exist under state law for required supermajority votes (e.g., 4/5ths: urgency ordinances; 2/3rds: Brown Act emergency situation, additions to agenda).

The City’s rules may set a required vote only to the extent that the voting requirement does not contradict state or federal law. The policy here has been presented to not conflict with state or federal law, and to address situations already addressed within the policy and Rosenberg’s Rules of Order.

Since council may not take a vote in opposition to state law, any required votes where a three vote, 2/3rds (4 votes), or4/5ths (4 vote) minimum is required would be unenforceable.

Recommendation
That the City Council move to adopt the following motion:
“Approve the attached resolution amending sections 7.1.1. and 7.5.4 of the policy stated in Resolution 17-36 relating to the number of votes required to pass council action.” Attachments:

1. [Proposed] Resolution 25-p/

2. Resolution 17-36
Action Taken:
388258.1
Rev. 9/26/2024
ATTACHMENT 1
RESOLUTION NO. 25-01

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTAGUE AMENDING RESOLUTION 17-36 REGARDING CITY COUNCIL PROTOCOLS CONCERNING

REQUIRED NUMBER OF VOTES FOR COUNCIL ACTION
WHEREAS, on the 5th day of October, 2017, the City Council adopted Ordinance No. 17-03 An Ordinance of the City Council of the City of Montague Repealing and Amending Chapters 2.04 and 2.36 of the Montague Municipal Code; and
WHEREAS, Ordinance No. 17-03 permits the City Council to set, by way of Resolution, procedures for the conduct of meetings, public hearings, appointments, and form of meeting agendas; WHEREAS, on the 5th day of October, 2017, the City Council adopted Resolution 17-36, a “Resolution of the City Council of the City of Montague Adopting City Council Protocols for Conduct of Meetings, Public Hearings, Appointments, and Form of Meeting Agendas”; WHEREAS, the City Council has considered this policy and determined that section 7.1.1 of said policy requiring
Ordinance No. 17-03 permits the City Council to set, by way of Resolution, procedures for the conduct of meetings, public hearings, appointments, and form of meeting agendas; THEREFORE, the City Council of the City of Montague hereby resolves as follows:

Section 1. Section 7.1.1 of the policies adopted in Resolution 17-36 shall be amended to read as follows:

7.1.1 Regular Meetings
No meeting shall continue past the hour of 10:30 pm, with the exception that, by a majority vote of the members present, the meeting may extend the final deadline of 10:30 pm, for fifteen minute intervals thereafter, by majority vote. The meeting shall adjourn no later than 12 Midnight and any unfinished business shall be continued at the next regular meeting.

Quorum-Three members of the Council shall constitute a quorum and must be present for any action to occur. Meetings will be canceled or adjourned when there is a lack of a quorum. Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the Council.(GC 36936). A motion shall be adopted by a majority of the City Council members present and voting, unless otherwise required by the laws of California or the United States, the Montague Municipal Code, a specific statement within this policy as may be amended from time to time concerning a particular type of vote, or Rosenberg’s Rules of Order. In the case of conflict among these authorities, the order of precedence shall be in the order presented in the prior sentence.

Council Members shall inform the City Clerk of any expected absences.

Section 2. All other provisions of section 7.1 of Resolution 17-36 shall remain unchanged, unless previously or subsequently amended by the City Council.

Section 3. Section 7.5.4 of the policies adopted in Resolution 17-36 shall be amended to read as follows:
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February 6, 2025

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7.5.4 Adoption by Majority Vote
A motion shall be adopted by a majority of the City Council members present and voting, unless otherwise required by the laws of California or the United States, the Montague Municipal Code, a specific statement within this policy as may be amended from time to time concerning a particular type of vote, or Rosenberg’s Rules of Order. In the case of conflict among these authorities, the order of precedence shall be in the order presented in the prior sentence.

Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the Council. (GC 36936).

If a motion has received a second, the Mayor shall state the motion and then open the floor to debate on it. The Mayor shall preside over the debate according to the following general principles:
a. The maker of the motion is entitled to speak first;
b. A person who has not spoken on the issue shall be recognized before someone who has already spoken;
c. To the extent possible, the debate shall alternate between opponents and proponents of the measure.

Section 4. All other provisions of section 7.5 of Resolution 17-36 shall remain unchanged, unless previously or subsequently amended by the City Council.

Section 5. All other provisions of Resolution 17-36 shall remain unchanged, unless previously or subsequently amended by the City Council.

PASSED, APPROVED, AND ADOPTED this 6th day of February, 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
, CITY CLERK TAKESHI MURAKAMI, MAYOR
388254.1
RESOLUTION NO. 17-36

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTAGUE ADOPTING

CITY COUNCIL PROTOCOLS FOR CONDUCT OF MEETINGS, PUBLIC

HEARINGS, APPOINTMENTS, AND FORM OF MEETING AGENDAS
WHEREAS, on the 5"' day of October, 201 7, the City Council adopted Ordinance No. 1 7-03 An Ordinance of the City Council of the City of Montague Repealing and Amending Chapters 2.04 and 2.36 of the Montague Municipal Code; and
WHEREAS, Ordinance No. 17-03 permits the City Council to set, by way of Resolution, procedures for the conduct of meetings, public hearings, appointments, and form of meeting agendas; THEREFORE, the City Council of the City of Montague hereby resolves as follows:

CITY COUNCIL PROTOCOLS
(Including Planning Commission I Committees Where Appropriate)

1. PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The Protocols may be amended by a majority vote of the Council Members, by Resolution.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances. The protocols shall be amended by a majority vote of the City Council Members and may be amended administratively by the City Clerk upon advice of the City Attorney, to remain current with Federal, State and Local Laws.

1.1 City Council Guiding Principles
o Serve the residents and guests of our City and our surrounding neighbors o Welcome and respect a variety of viewpoints
o Encourage fair, open, honest discussion
o Host positive community input and participation
o Build a cohesive vision by making prudent, fiscally sound decisions

2. Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century For procedure matters the Council will consider Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (attached as Exhibit). No ordinance, resolution, or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the City Council to observe or follow such rules.

3. COUNCIL ORGANIZATION

3.1 Newly-Elected Members
Newly-elected Council Members will be sworn into office generally at the next regular Council meeting or as soon as possible after the certificate of election is issued by the County Clerk.

3.2 Municipal Elections
The general municipal elections for the City of Montague shall be held on the first Tuesday after the first Monday in November of even-numbered years.

3.3 Duties of Mayor and Mayor Pro Tern
The Mayor shall preside at the meetings of the Council and perform such other duties consistent with the office as may be required by the Council. The Mayor does not possess any power of veto.

If he/she is absent or unable to act, the Mayor Pro Tern shall serve until the Mayor returns or is able to act.

3.3.1 Authority of the Mayor & Mayor Pro J_cin
Subject to appeal to the full Council the Mayor, serving as Chair shall have the authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. In so ruling, the Chair shall be courteous and fair and should presume that the moving party is acting in good faith.

Mayor to Facilitate Council Meetings-The Council has delegated the responsibility and expanded the role of the Mayor to include the facilitation of Council Meetings. In the role as facilitator, the Mayor will assist the Council to focus on their agenda, discussions and deliberations, and controls the debate and order of speakers.

The Mayor may make or second any motion, and present and discuss any matter, as a member of the Council.

Unless otherwise designated, the Mayor or the Mayor Pro-tern, in the absence of the Mayor, may sign:
a. All conveyances made or entered into by the City;
b. All Resolutions, Ordinances, and Proclamations.

The Mayor shall be recognized as the official head of the City for all ceremonial purposes.

The Mayor Pro Tern shall have all the powers and duties of the Mayor should the Mayor be absent or unable to perform any of those duties for any reason.

The Mayor or Mayor Pro -Tern or any Member of the City Council shall not publicly represent the City’s position on City business that has not been approved by the majority of the City Council.

The Mayor and Mayor Pro Tern do not have any special authority or privilege over and above that of any other Council Member.

3.3.2 ( ity/Coum il Representation at Ceremonial Eunctions The Mayor shall represent the Council at ceremonial functions. Should an individual Council Member, other than the Mayor, be asked to make a ceremonial presentation the individual Council Member should redirect the request to the Mayor. The Mayor may, at his/her own discretion, ask another Council Member to represent the Council at the function. The Mayor may be asked to make a presentation of a City Pin to an individual at such ceremonial functions.

Council Members, on approval of the majority of the Council, shall be reimbursed for admission and meal expense to attend ceremonial functions for which the Council Member was invited to represent the City in accordance with the City’s Travel and Expense Policy.

3.3.3 Ciiv/Council Representation on Written t orrcspondence At times, the Mayor may be called upon to respond to written inquiries received from the public or to sign correspondence on behalf of the City. Such requests or correspondence shall reflect the position of the full Council. All such correspondence shall be copied to the full Council.

3.3.4 Bestow ing of Awards/Recognit ion to Individuals
The Mayor, as Chair, shall make any presentation of awards at City Council meetings on behalf of the full Council to members of committees or other members of the community who have provided beneficial services to the City of Montague. All such awards or items of recognition presented by the Mayor shall be done on behalf of and with the approval of the full Council. Should the Mayor not be present to make such presentation, the Mayor Pro Tern shall act on his/her behalf.

3.4 Selection of Mayor and Mayor Pro Tern
The Mayor and the Mayor Pro Tern shall serve a one-year term and are appointed each year at the second regular meeting in November of each year, or in the first regular or special City Council meeting following the municipal election, and upon installation of the new Council Members, if any, in years in which such election has been held. The Mayor and Mayor Pro Tern are selected by a majority vote of the members of the City Council. The selection is done by open nomination by motion by any Council Member, and voted upon by a voice vote or selection by open ballot. The Mayor and Mayor Pro - Tern serve at the pleasure of the other City Council Members. Other than the herewith duties, the Mayor and Mayor Pro Tern do not have any special authority or privilege over and above any other Council Member.

3.5 Seating Order
At the time of the Council change in membership, the Mayor shall have the prerogative to designate the seating order for the Council dais. Otherwise, the seating order shall be organized by seniority, with the Mayor Pro Tern seated to the right of the Mayor, most senior Council Member on the far right side of the Mayor Pro Tern and the least senior to the far left of the Mayor.

4. CODE OF ETHICS

4.1 Preamble
The residents and businesses of Montague are entitled to have fair, ethical, and accountable local government. Such a government requires that:
> Public officials comply with both the letter and spirit of the laws and policies affecting operations of the government;
> Public officials participate in ethics training every two (2) years as required by AB1234;
> Public officials be independent, impartial, and fair in their judgment and actions;
> Public office be used for the public good, not for personal gain; and > Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

To this end, the City of Montague City Council adopts this Code of Ethics to encourage public confidence in the integrity of local government and its operation.

4.2 Public Interest
Council Members will work for the common good of the people of Montague and not for any private or personal interest, and they will endeavor to treat all persons, claims, and transactions in a fair and equitable manner.

Council Members shall comply with the laws of the nation, the State of California, and the City in the performance of their public duties.

4.3 Conduct
Council Members shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of others.

Council Members shall perform their duties in accordance with the processes and rules of order established by the City Council.

Council Members shall inform themselves on public issues; listen attentively to public discussions before the body; and focus on current business issues.

Council Members shall abide by the Ralph M. Brown Act and shall not hold discussions that include more than one other City Council Member, regarding City business outside of public City Council meetings which would be considered to be a serial meeting.

Council Members shall base their decisions on the merits and substance of the matter submitted for rev iew.

Council Members shall publicly share substantive information that is relevant to a matter under consideration that they may have received from sources outside of the public decision-making process.

4.4 Identifying Conflicts
It is the responsibility of each Council Member to identify, disclose and declare his or her conflict before action is taken on a matter. If possible, the conflicted Council Member should notify staff prior to the council meeting at which the matter will be heard, to ensure the presence of a quorum.

Staff will attempt to assist with identifying obvious conflicts, but the ultimate responsibility is with each Council Member.

4.5 Using Official Position to Influence
Council Members shall not attempt to coerce or influence any member, officer, official, consultant, or Commission Member of the City in awarding contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. The Council shall not attempt to change or interfere with the operating policies and practices of any City Department.

5. COUNCIL ADMINISTRATION / PROFESSIONAL DEVELOPMENT

5.1 Professional Development
The Council may establish an annual budget for conferences, meetings, and training. Council Members shall attend these functions as approved by a consensus of the Council for purposes of improving their comprehension of and proficiency in municipal affairs and/or legislative operations.

5.2 Travel and Expense Reimbursements
Council Members shall be subject to the travel and expense reimbursement guidelines as established for employees in the Personnel Rules and Policy Manual. Receipts for all expenses shall be included with the reimbursement request and shall be submitted within the same fiscal period in which the expenditure took place and within 60 days of such expenditure.

6. COMMISSIONS / BOARDS / COMMITTEES

6.1 Relations with Commissions, Boards and Committees
The majority of Council may from time to time, direct Council Members or appoint Liaisons to meet with commissions, boards and committees for specific purposes such as establishing goals or for problem solving.

All communications from commissions, boards, and/or committees whose members are appointed by the City Council shall be submitted to the City Clerk before dissemination to third parties. When deemed appropriate the City Clerk shall then submit such communications to the City Council for approval before distribution.

7. MEETING GUIDELINES & PROCEDURES

7.1 Meeting Dates
7,1.1 Regular Meetings
No meeting shall continue past the hour of 10:30 pm, with the exception that, by a majority vote of the members present, the meeting may extend the final deadline of 10:30 pm, for fifteen minute intervals thereafter, by majority vote. The meeting shall adjourn no later than 12 Midnight and any unfinished business shall be continued at the next regular meeting.

Quorum-Three members of the Council shall constitute a quorum and must be present for any action to occur. Meetings will be canceled or adjourned when there is a lack of a quorum. Three votes are required for council action.

Council Members shall inform the City Clerk of any expected absences. 7 1,2 Alteniatc Meeting pates
When the day for any regular meeting falls on a national or state holiday or Election Day, the regular scheduled meeting for that day shall be held on the next business day.

7.2 Agenda

7.2.1 Placing Items on the Agenda
The City Clerk and Mayor determine which items are placed on the agenda and the timing for scheduling such items.

The City Clerk shall hold a Pre-Agenda meeting on the Thursday two weeks prior to the Monday City Council meeting to discuss items of business, and supporting material for the next meeting agenda. The City Clerk, requested staff, the Mayor and one council member may attend the meeting.

No additional items are to be added to the agenda after 12:00 noon on the Wednesday before the next regular meeting except items determined to be of an urgent nature.

The Agenda shall be posted in the front office of City Hall by approximately 12:00 noon each Thursday prior to the next regular City Council meeting. Citizens or organizations wishing copies for their use shall be charged the fees adequate to cover the direct cost of providing copies and if mailed, self-addressed stamped envelopes must be provided to the City Clerk. The Agenda with supporting material, will be prepared and distributed to all officers, City Council members, and administrative staff normally in attendance at regular meetings at approximately 12:00 noon each Thursday prior to the next regular City Council meeting and shall be available at the City Hall office for review by the public at this time.
7,2,2 ( )rdcr of Agenda Items
The business of the Council at its meetings will generally be conducted in accordance with the following order of business unless otherwise specified in an agenda. A closed session may be held at any time during a meeting consistent with applicable law.

The City Clerk or Mayor may give special consideration on the ordering of scheduling items dealing in the following manner: 1) families and children; 2) veterans and seniors; 3) items with an anticipated large audience; and 4) paid consultants.

Call to Order and Flag Salute
Roll Call
Public Comment
Approval of Minutes
Special Presentations and Announcements
Consent Agenda Items
Public Hearings
Old Business
New Business
Consideration of Future Agenda Items
Council and Staff Comments
Adjournment
Action Agenda Items-In accordance with the Ralph M. Brown Act, the Council may not take action on any item that did not appear on the posted Council Agenda 72 hours prior to the Council meeting unless an exception is made as permitted under Government Code Section 54954.2.

7.3 Agenda Items

7.3.1 Roll Call
A quorum must be present to continue the meeting.

7.3.2 Public Comment
Members of the public are entitled to speak on matters of municipal concern not on the agenda; during consideration of that portion of the meeting agenda entitled “Public Comment” when that item is called by the Mayor.

Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with State Law, ( Government Section 54954.3 ) no substantive discussion may take place unless and until the matter properly appears on the agenda.

Speaker Sign Up - Persons wishing to speak under Public Comment are requested, but are not required to sign up on the sheet provided for public comment prior to the start of the public comment portion of the meeting. When called upon, the person should come to the podium, state his/her name, and if desiring a written response, must provide their address for the record, and if speaking for an organization dr other group, identify the organization or group represented. All remarks should be addressed to the Council as a whole, not to individual members or the audience.

7.3,3 Approval of Minutes
Minutes of the City Council, Commissions, Committees will be at a minimum action minutes recorded by the City Clerk or designee. Action minutes include at a minimum, any direction by Council, Commissions, and Committees and motions with votes.

A. Approval of Minutes-Minutes of meetings arc generally submitted to the Council, Commission, or Committee within two to four weeks for approval at a scheduled meeting.

B. Taped Recordings of Meetings-Taped recordings of proceedings are maintained by the City Clerk for a period of 30 days and as described in Government Code 54953.5(b). If any member of the City Council, Commissioner, or Committee member wants a tape kept permanently as a record of the City meeting because information on the agenda was of some special importance then they can do so, by submitting a written request to the City Clerk according to the procedure as outlined in Resolution No. CCR-96-58.

7.3. Public I tearings
Public Hearings may be required on certain items as prescribed by the Montague Municipal Code or by state or federal law. Notices for public hearings shall be posted ten (10) days prior to the meeting, except those requiring separate posting requirements, set by government code. The general procedure for public hearings is as follows:
a.Council Members disclose any conversation(s), meetings or communication with applicants and/or other party(ies).
b. Staff presents its report. Council Members shall only ask questions of staff and defer any opinion on the item(s) until after the public comments section of the meeting.
c. The Mayor opens the public hearing.
d. Applicant(s) present their request/proposa) subject to time limits established by Council and subject to public testimony rules under meeting conduct within this document.
e. Members of the public are provided with the opportunity to present their comments, testimony or argument for the record. The Mayor will take speakers in the order in which they signed up to speak. If anyone wishes to speak who has not signed up, they may do so if recognized by the chair. f. Applicant(s) shall be permitted 5 minutes at the close of public comments for rebuttal.
g. The Mayor closes the public input portion of the public hearing with the consensus of the Council, Commission, and Committee. The chair will then ask for discussion and consideration from the Council, Commission, or Committee. In this discussion, there may be further questions and or comments by staff, appellant or proponent or members of the public. h. The Council, or Commission action occurs and the chair announces the decision.

Time for Consideration: Matters noticed to be heard by the Council or Commission will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and will continue until the matter has been completed or until other dispositions of the matter has been made.

Continuance of Hearings: Any Public Hearing being held or noticed or ordered to be held by the Council or Commission at any meeting of the Council, or Commission may, by order or notice or continuance, be continued or re-continued to any subsequent meeting.

Materials for Public Record: All persons interested in 1he matter being heard by the Council or Commission shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented will be retained by the City Clerk as part of the Clerk record of the hearing, unless otherwise directed.

Repetitious Comments: The Chair may terminate the verbal comments of any speaker whose comments are mere repetition of the verbal or written presentation of that speaker, or another person.

Communications and Petitions: Written communications and petitions concerning the subject matter
of the hearing will be noted, read aloud, or summarized by the Chair.

Suspension of the Rules: The Council or Commission may suspend any of the rules of procedure for verbal comment for the duration of an agenda, by a 4/5 vote of the Council or Commission.

The suspension should be to allow the Council or Commission to occasionally be permitted to consider more public testimony than is normally required. 73,5 Old Business: Regular items are those reports brought forth for Council, Commission or Committee approval that are neither public hearings nor reports of Council, Commission, Committee or staff, but require adoption of a resolution or require action by the Council, Commission or Committee. These are Items which have been considered at a earlier City Council meeting but required either additional work or research are brought back for further consideration of the City Council with the new or additional information as needed.

73.6 New Busmess: Regular items are those reports brought forth for Council, Commission or Committee approval that are neither public hearings nor reports of Council, Commission, Committee or staff, but require adoption of a resolution or require action by the Council, Commission or Committee. These are items provided to the City Council which have not been previously considered as a part of the Agenda but require action by the City Council.

73.7.Brown Act Committee Minutes: If available at the time of distribution of the Agenda Packet the Council is provided with the Minutes from meetings held by any of the Brown Act Advisory Committees which have been established by the City Council and have been received by the City Clerk.

73.8 Reports RI.: Attendance al Outside Mcctiims
Pursuant to Government Code section 53232.3(c) and (d), “Expense reports must be submitted “within a reasonable time....as determined by the legislative body. Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.”
Given this requirement, Members attending such meetings/conferences will alert the City Clerk of the need to agendize the item under Reports. A verbal or written report may be given at that time.

7.3.9 Future Agenda Items
Future Agenda Items is a brief list of items to be considered by Council, Commissions or Committees at upcoming meetings and serves as an opportunity for Members to request items to be placed on a future Agenda. Two Members are required to make a request in order for an item to be placed on a future Agenda.

7.3,10 Council & Staff Comments
The City Council, Commission, Committee or Staff Comments portion of the meeting provides Members and staff with the opportunity to briefly comment on City business, City operations, City projects and other items of community interest. Members shall govern themselves as to the length of their comments, but shall generally not exceed five minutes. The Chair has the responsibility to assist Members by signaling when the Council Member has been speaking for over five minutes.fTto conflicts/Section 7.6.2)
This opportunity is provided each meeting and will be prior to the adjournment of the meeting.

Members may request information or research directly from staff on a given subject when it is anticipated that the request can be completed by staff in less than one hour. Member requests for research or information that is anticipated to take staff more than one hour to complete shall have the direction of a majority of the full Council or Commission. Request for new information or policy direction will be brought to the full Council or Commission at a regular meeting for consideration. All written products will be copied to the full Council. Commission or Committee.

7.3,1 1 Adjournment
Adjournment of a meeting is customarily by motion of the City Council or can be accomplished by unanimous consent and the Chair simply declares the meeting adjourned. A motion to adjourn to another time can be done similarly, but is debatable only as to the time to which the meeting is to be adjourned.

7.4 Meeting Conduct
7,L.LAddressing the Council, Commission or Committee Generally Each person addressing the Council, Commission or Committee may give his or her name and address (optional) in an audible tone of voice for the record. Each person’s comments shall be l imited to 3 minutes. In the further interest of time, speakers will be asked to limit their comments to new materials and not repeat what a prior speaker said. Organized groups may choose a single spokesperson who may speak for the group. Speakers may not cede any pail of their allotted time to another speaker.

7.4.2 AdditionaI Tjme
There may be an occasion where justification for more time is warranted for public commentary.

Citizens must ask for this at the outset of the comment period and have it approved by the City Council or Commission prior to speaking.
7,4.3 Less Time
Where the Council determines that the existence of unusual or controversial issues exist, that the large number of speakers wishing to address the Council so justifies, or that other considerations make modification appropriate, the Council may limit the total amount of time to be devoted to public comment, the amount of time to be afforded each speaker, or the number of speakers to be heard on an issue, or may make such other modifications as the Council may deem appropriate. To the extent practicable, the Council shall make any such modification or limit at the time the given issue or matter is scheduled for Public Hearing, and the City Clerk shall, to the extent practicable, include notice of such modification or limit in published notice of the hearing.

7.4.4 Presentation by Spokesperson
Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council and, in case additional matters are to be presented at the time by any other member of the group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.

7.4.5 Irrelevant '1 eslimony
The Mayor shall rule out of order any testimony not relevant to the agenda item then under discussion.

7.4.6 Testimony by the Public
The purpose of public testimony is for Council Members to benefit from the views of the public.

Comments from the public should only be directed toward the Council. All comments and testimony shall be made from the podium or other approved Council location; no comment or testimony shall be shouted from the audience. Council Members and staff should avoid entering into a dialog with members of the public who may address the Council.

7.4.7 Public Comment iHL.Agcnd^^
Members of the public are entitled to speak on any item on the agenda either immediately after the item is called by the Mayor or during a public hearing on the subject matter opened by the Mayor.

Participation in debate on any item before the council shall be limited to members of the Council, although Council Members may ask members of the public for additional information.

7.4.8 Disrupt ivc Comments and/or Conduct.

No person who addresses the Council shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Council, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting, nor shall any person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for terminating the citizen's comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, also shall be grounds for removal from the meeting. Council shall not be belligerent or make disparaging commentary toward the speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules.

7.5 Meeting Procedures
7,5.1 Matters Considered
The Council shall not consider any resolution, motion, or matter which does not affect the conduct of the business of the City of Montague or its corporate powers or duties as a municipal corporation, nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the congress of the United States or before any officer or agency of the State or Nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City' of Montague or its officers or employees as such.

7.5.2 Action by the Council
Action by the Council shall be by motions made and voted upon. A motion shall require a second.

The Mayor and any other Council Member may make or second a motion. A substantive motion is out of order while another substantive motion is pending.

7.5.3 Roll Call and Voice Votes
A roll call vote shall be taken on the introduction and adoption of ordinances. Roll call votes shall be entered in the minutes of the Council showing those members voting yes, those voting no, and those abstaining or absent. All other matters may be made by voice vote indicating consensus on the proposed action.

7.5.4 Adoption by Majority Vote
A motion shall be adopted by a majority of the City Council, unless otherwise required by these rules or the laws of California.

Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the Council. (GC 36936).

7.5.5 Dutyjo Vote
Every member must vote on every item unless prevented from doing so by virtue of an actual or potential conflict of interest under applicable State Law. Any member who believes he or she has a conflict or potential conflict of interest must announce such at the initiation of debate or when such conflict or potential conflict becomes apparent, shall disclose and describe that the conflict involves either an investment, business position, interest in real property, or the receipt of income, loans or gifts, and shall refrain from any part in the debate, deliberations, or voting on that issue. If a decision for which a Member has a conflict will made during the Closed Session, the disclosure(s) as to such conflict shall be made orally during the open session either before the body goes into closed session or immediately after the closed session.

A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action.

An abstention does not count as a vote for or against a matter. Council members must state the reason for abstention. If a Council Member abstains, he/she is counted as present for quorum purposes, but is not deemed to be “voting” for purposes of determining whether there has been a “majority vote of those members present and voting.”

7.5.6 Public Hearings
Public Hearings shall be scheduled and notice published without any action required by the City Council, excepting that the Council may, if they so desire, schedule a Public Hearing on an item of interest for a date certain.

At the time designated for the Public Hearing, or soon after as is practicable, the Mayor shall direct the attention of a report and respond to questions from Council Members, after which the Mayor shall formally open the Public Hearing and members of the public shall be allowed to speak in accordance with the rules set forth elsewhere in these Rules of Procedure. When the allotted time expires, or when no one wishes to speak who has not done so, the Mayor shall declare the hearing closed.

Following the close of the Public Hearing, the Council may debate or take action on the matter in accordance with these rules. The Mayor may in his or her discretion allow questions and/or comments from the public after close of Public Hearing.

7.6 Rules of Council Conduct

7.6.1 Discussion Rules
The Mayor has the responsibility to control the debate and the order of speakers.

7.6.2 Germane Comments/Time Limit for Council
Council Members shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Mayor, but may be appealed to the full Council.

Council Members shall govern themselves as to the length of their comments, but shall generally not exceed ten minutes. The Mayor has the responsibility to assist Council Members by signaling when the Council Member has been speaking for over ten minutes.

7.6.3 Derogatory Comments
Council Members are expected to interact with one another with mutual respect and courtesy.

Derogatory, snappy, or sarcastic comments towards another Council Member, a member of the public or a staff member are inappropriate. The Mayor may call for a short recess should a Council Member or member of the public become disruptive or agitated so as to interfere with the normal conduct of business.

7.6.4 Packing of Audience
It is inappropriate for a Council Member to pack the audience for a specific agenda item.

8. COMMUNICATIONS

8.1 Processing of Mail
Staff shall open all mail addressed to the Mayor and Council, date stamp it and forward it to the City Clerk for disposition. Mail received by the Mayor and/or City Council Members which is directly related to a particular department shall be copied to the City Clerk and the Department Supervisor by the City Clerk. Council letters of complaint shall be sent directly to the City Clerk for disposition and Department Supervisors). Junk mail will be disposed of by the City Clerk and no mail marked confidential or personal which is addressed to the Council shall be opened by City staff.

Mail addressed to the Mayor and/or City Council shall be distributed by the City Clerk to each Council Member with the notation “All Council Received.” Correspondence addressed to the Mayor which requires a response shall be coordinated by the City Clerk and copied to all Council Members.

8.2 Calendars
Calendars shall be prepared by the City Clerk and distributed to each Council Member for Council events, functions, and meetings as needed.

8.3 Citizen Complaint Process
All complaints directed to the Mayor or City Council shall be given to the Mayor and City Clerk.

The City Clerk may draft a response to the complaint for the Mayor’s signature.

Council Members are discouraged from responding directly to complaints without coordinating with the City Clerk to ensure a unified response and to prevent dual efforts in the event another department is already preparing a response. Staff will copy or otherwise communicate all responses to the City Council.

8.4 Distribution of Information
Responses to all requests for information will be copied to all Council Members.

8.5 Use of City Letterhead & Logo
All Council Member correspondence written with City resources, i.e., letterhead, typing, staff support, postage, etc., will reflect the position of the full Council, not individual Council Members’ positions. All Council Member correspondence using City resources shall be copied to the full Council.

Regarding the use of the City’s logo, “No person(s) other than authorized City Staff or City Council Members, may in any way use the City’s logo without prior approval of the Council.”

8.6 Representing Majority Decision vs. Individual Opinion If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Council Member should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council.

8.8 Public Records Requests
Requests from the media or the public for details or other information related to a sensitive or controversial issue must be made in writing to the City Clerk, and the response must be made in writing. The City Clerk must be informed of the request, and a representative of the City Attorney’s office must approve the response before it is released. The Public Records Act allows up to 10 days for this process, but departments are encouraged to provide information in as timely a manner as possible.

8.9 Email
Email communication between Council Members should be careful to be handled so as not to violate the Ralph M Brown Act. Email will be considered written communication and retained by the city as per normal retention rules and guidelines. Email communication from one Council Member to another should be directed through the City Clerk to make sure that no rules or laws are violated,

8.10 Formal Recognition By Mayor or Other City Officials When formal recognition by the City upon an individual or community event is desired, such as a “Key to the City” or letter of gratitude, such recognition should be directed through the City Clerk.

The City Clerk shall schedule the matter as a part of the Agenda in order for the matter to be brought before the entire Council for confirmation.

9. COUNCIL / STAFF / ATTORNEY RELATIONSHIP

9.1 Council/Staff Relationships
City Staff acknowledges the Council as policy makers and the City Council acknowledges Staff as administering the Council’s policies.

9.2 Communications with Staff and Requests for Information Council Members may contact the City Clerk and/or Department Supervisors directly to ask questions for clarification or to request information. Council Members may also request research from the City Clerk on a given topic directly when it is anticipated that the request can be completed by staff in less than one hour.

Council Member requests for research or information that are anticipated to take staff more than two hours to complete or require policy direction or require staff attendance at outside meetings shall be directed to the City Clerk. Requests of this type shall be brought to the full Council for consideration and approval. Responses to all requests will be copied to all Council Members.

A Council Member shall not direct Staff to initiate any action, change a course of action, or prepare any report that is significant in nature, nor shall a Council Member initiate any project, meeting, or study without the approval of a majority of Council.

9.3 Undue Influence on Staff and Commissions
Council Members shall not attempt to coerce or influence Staff, Commissions or committee's in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department.

9.4 Complaints Regarding Performance of Staff
Any concerns by a member of Council over the behavior or work of a City employee shall be directed to the City Clerk privately to ensure the concern is resolved. Council Members shall not reprimand employees directly, nor shall they communicate their concerns to anyone other than the City Clerk.

9.5 Handling of Litigation and Other Confidential Information City Council Members shall consider all written materials and verbal information provided to them on matters that are confidential under State law in complete confidence to ensure that the Cities position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney or City Clerk. All written materials should be returned to the City Clerk after consideration for disposition.

9.6 City Attorney/Council/Staff Relations
The City Attorney is hired by and reports directly to the Council pursuant to State law. The City Attorney serves at the pleasure of the Council under a professional services agreement terminable at will by either party upon written notice. The City Attorney represents as his or her client the City as a legal entity, acting through the City Council as the City’s highest administrative authority. No individual Council Member nor any other officer or employee of the City is a client of the City Attorney.

There is an attorney-client privilege as to Council and staff communications with the City Attorney regarding matters that involve parties outside the City, For example, attorney-client communications are protected where someone sues the City and seeks to compel disclosure.

Similarly, everyday communications between Council Members and the City attorney are generally protected. Communications between staff and the City Attorney are not protected from disclosure to the Council, since the Council is the holder of the attorney-client privilege.

There is no attorney-client privilege between Council Members and the City Attorney when the City Attorney has reason to believe that the Council Member is violating or intends to violate conflict of interest rules or some other law. The City Council authorizes the City Attorney to publicly disclose conflict of interest violations or other violations of law, where the violation is clear and where the public official proposes or takes action that clearly violates the conflict of interest rules or other laws in disregard of the City Attorney’s advice.

Since the City Attorney is responsible directly to the Council, the Council by majority vote may have the City Clerk contact the City Attorney directly to ask questions or to request information.

Council Members also by majority vote may request research from the City Attorney on a given topic. A single Council Member shall not direct the City Attorney to initiate any action, change a course of action, or prepare any report without the approval of a majority of Council and notice to the City Clerk.

PASSED, APPROVED, AND ADOPTED this 5™ day of October, 2017.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

SHELLEY GRAY, CITY CLERK TARA PITKIN, MAYOR
RESOLUTION 25-02

A RESOLUTION OF THE CITY OF MONTAGUE CITY COUNCIL
ACCEPTING THE 2024 GENERAL PLAN ANNUAL PROGRESS REPORT

AND APPROVING THE TRANSMITTAL OF THE REPORT TO
THE GOVERNOR’S OFFICE OF LAND USE AND CLIMATE INITIATIVE AND

THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, California Government Code Section 65400 requires that all cities and counties annually report to their decision-making bodies regarding the status of the general plan and the progress in its implementation; and
WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the progress in meeting the jurisdiction’s share of regional housing needs determined pursuant to Government Code Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to Government Code Section 65583(c)(3); and WHEREAS, California Government Code Section 65400 further requires that the housing element portion of the annual report be prepared through the use of standards, forms, and definitions adopted by the California Department of Housing and Community Development; and WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the number of housing development applications received in the prior year, the number of units included in all development applications in the prior year, and the number of units approved and disapproved in the prior year; and
WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the degree to which the general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan; and
WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies a listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by Government Code Section 65583(c)(1) and Section 65584.09, as well as any additional sites that may have been required to be identified by Government Code Section 6586; and WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies; and
WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the number of applications submitted pursuant to Government Code Section 65913.4(a), the location and the total number of developments approved pursuant to Government Code Section 65913.4(b), the total number of building permits issued pursuant to Government Code Section 65913.4(b), and the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in Government Code Section 65913.4(b); and WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the status of the projects in the jurisdiction’s LEAP application and the corresponding impact on housing within the jurisdiction categorized based on the eligible uses specified in Health and Safety Code Section 50515.02 or 50515.03; and
WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies progress amending the general plan or open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Public Resources Code Sections 5097.9 and 5097.993; and WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the number of density bonus applications received and approved in accordance with Government Code Section 65915; and WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies the location, status, total number of units, number of rental units, number of units for sale, and the affordability of units by income group for each residential development application submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022; and
WHEREAS, California Government Code Section 65400 further requires that all cities and counties annually report to their decision-making bodies a list of all historic resources listed on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic places by the City in the past year, and the status of any housing projects proposed for the new historic designations, including whether the project was entitled, whether a building permit was issued, and the number of units in the development; and WHEREAS, the City Council of the City of Montague has received and reviewed such a report for 2024 that was prepared by city staff and presented to the City Council on March 6, 2025; and
WHEREAS, the report must be accepted by the City Council prior to submission to the Governor’s Office of Land Use and Climate Initiative and the California Department of Housing and Community Development on or before April 1 of each year.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the 2024 General Plan Annual Progress Report and approves the transmittal of the report to the Governor’s Office of Land Use and Climate Initiative and the California Department of Housing and Community Development.

IT IS HEREBY CERTIFIED that the foregoing Resolution 25-02 was duly adopted on a motion by
and seconded by at a regular
meeting of the City of Montague City Council held on the 6th day of March 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF MONTAGUE CITY COUNCIL
Takeshi Murakami, Mayor
WITNESS, my hand and seal this 6th day of March 2025
Ruanna Smith, Interim City Clerk
[ONTAGl

CITY OF MONTAGUE

STAFF REPORT TO CITY COUNCIL
March 6. 2025
L_ 2024 GENERAL PLAN ANNUAL PROGRESS REPORT
SUMMARY: In accordance with Government Code Section 65400, the 2024 General Plan Annual Progress Report is being presented to the City Council for review and acceptance prior to submittal to the State.

REQUEST OF COUNCIL: The Council is being asked to review and accept the 2024 General Plan Annual Progress Report and to approve transmittal of same to the California Department of Housing and Community Development and the Governor’s Office of Land Use and Climate Initiative (formerly the Governor’s Office of Planning and Research). This is accomplished via adoption of draft Resolution 25-02 (see Attachment A).

SUGGESTED MOTION: I move that we adopt Resolution 25-02 accepting the 2024 General Plan Annual Progress Report and approving transmittal of the Report to the Governor’s Office of Land Use and Climate Initiative and the California Department of Housing and Community Development.

ATTACHMENTS: A. Draft Resolution 25-02, A Resolution of the City Council of the City of Montague Accepting the 2024 General Plan Annual Progress Report and Approving the Transmittal of the Report to the Governor’s Office of Land Use and Climate Initiative and the California Department of Housing and Community Development
B. HCD Housing Element Forms (abridged)
Introduction
Pursuant to California Government Code Section 65400, this report has been prepared as an update to the City of Montague City Council regarding the following:
• The status of the General Plan and the progress in its implementation. •
The progress in meeting the City’s share of regional housing needs determined by the California Department of Housing and Community Development (HCD) and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. •
The number of housing development applications received in the prior year, the number of units included in all development applications in the prior year, and the number of units approved and disapproved in the prior year.
• The degree to which the General Plan complies with the State’s General Plan Guidelines and the date of the last revision to the General Plan.
• A listing of sites rezoned to accommodate that portion of the City’s share of the regional housing need for each income level that could not be accommodated in the City’s Vacant Land Inventory. 2024 General Plan Annual Progress Report Page 1
•
The number of demolished units and new units of housing, including both rental housing and forsale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies.
•
The number of applications submitted pursuant to Government Code Sec. 65913.4(a), the location and the total number of developments approved pursuant to Government Code Sec. 65913.4(b), the total number of building permits issued pursuant to Government Code Sec. 65913.4(b), and the total number of units including both rental housing and for sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
•
The status of the projects in the City’s LEAP application and the corresponding impact on housing within the jurisdiction categorized based on the eligible uses specified in Health and Safety Code Section 50515.02 or 50515.03, as applicable.
•
The City’s progress amending its general plan or open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Public Resources Code Sections 5097.9 and 5097.993.
•
The number of density bonus applications received and approved in accordance with Government Code Section 65915, and if approved the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. • For each residential development application submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022, the project’s location, status, total number of units, number of rental units, number of units for sale, and the affordability of units by income group. • A list of all historic resources listed on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic places by the City in the past year, and the status of any housing projects proposed for the new historic designations, including whether the project was entitled, whether a building permit was issued, and the number of units in the development.

Please note that the Housing Element component of this report consists of specific forms prescribed by HCD. Because the forms require an understanding of the instructions used to complete them, information on housing production is summarized herein. Additionally, an HCD form that summarizes the other HCD forms and a form that analyzes implementation of the Housing Element are included as Attachment B.

Purpose of the General Plan
Montague’s General Plan, simply described, is the City's "constitution" for development. It represents the efforts the City has undertaken to consider and address the needs and expectations of its residents relative to development in the City and to enshrine these needs and expectations in a guiding document.

This "constitution" is formatted within the legal framework established by the State at the time of adoption and is based on knowledge of existing potentials and limitations concerning the City and its planning area at that time. The General Plan was developed through establishing basic goals, policies, and programs to resolve and/or direct significant community issues. In addition to the City referring to the General Plan when dealing with matters affecting the physical, economic, and social development of the community, the document is also referred to by individuals and businesses contemplating potential development activity in the City. Goals in the General Plan also assist the City in seeking grants and other funding to address local issues and needs.
2024 General Plan Annual Progress Report Page 2
Status of the General Plan
General plans are policy documents that address seven topics of community importance: land use, housing, circulation, noise, safety, open space, and conservation (some cities must also address environmental justice). Each topic is typically treated to its own element of the general plan though general plans may be “adopted in any format deemed appropriate or convenient by the legislative body, including the combining of elements” (Gov. Code Sec. 65301). Montague’s General Plan is comprised of a Land Use Element, Housing Element, Circulation Element, Noise Element, Safety Element, and a combined Open Space & Conservation Element The City’s Housing, Circulation, Noise, and Open Space & Conservation Elements were most recently comprehensively updated in 2024 to ensure they meet current state requirements,1,2 continue to represent the community’s vision for itself, and provide the guidance necessary to accomplish this vision. Updates to the Land Use Element and Safety Element are presently underway, with their completion delayed to incorporate the Siskiyou County Local Hazard Mitigation Plan (LHMP) update. The draft LHMP was recently completed and submitted for review to the California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA). Once approved by FEMA, it is anticipated the LHMP will be adopted by the City and incorporated into the City’s General Plan Safety Element update. Prior to the City’s current General Plan update, the General Plan was last comprehensively updated in 1989 and amended in 1992. Due to length of time and the continuing evolution of State general plan law since then, substantial revisions were necessary to the draft Safety Element and draft land Use Element to be consistent with the current State Guidelines.

Implementation of the General Plan
It is neither the purpose nor intent of this annual progress report to provide an in-depth analysis of every goal, policy, and program contained in the City’s General Plan. Nevertheless, it is useful to periodically reflect upon the goals, policies, and programs contained in the General Plan to better assess where the City has been successful in meeting its objectives, where it could possibly do better, and if applicable, where changes to either the General Plan or direction of the City should occur. As such, the following table identifies the various goals, policies, and programs contained in each element of the General Plan and is followed by a summary of City’s successes in implementing these measures. (Housing Element policies and programs are detailed separately in Attachment B.) Table 1
General Plan Goals, Policies, and Programs
Circulation Element (2024)
GOAL C-1: A balanced transportation system
that maximizes mobility and choice for city
residents.

POLICY C-1.1: The City supports the development of
a network of complete streets that reflects the local
context and which provides for the mobility of all
users, regardless of age or ability.

POLICY C-1.2: The City supports the development
and expansion of local and regional public transit
systems.

POLICY C-1.3: The City supports transit services,
agencies, and organizations that provide paratransit
services to individuals with special needs.

POLICY C-1.4: The City supports partnerships,
including with the Siskiyou County Local
Transportation Commission (SCLTC), California
1 When the City’s 6th Cycle Housing Element update was submitted to HCD for review, it was found to be “in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq).” 2 Updates were prepared consistent with the State's General Plan Guidelines and Technical Advisories. 2024 General Plan Annual Progress Report Page 3
Department of Transportation (Caltrans), and other
Siskiyou County communities, to fund active
transportation improvements in the City and region.

Program C-1A: Ensure that land use and
transportation planning balance the needs and safety
of motorists, pedestrians, bicyclists, and transit users.

Program C-1B: Evaluate the feasibility of installing
elements of complete street improvements when
planning roadway improvements.

Program C-1C: Require new development to
contribute its fair share to complete street
improvements.

Program C-1D: Consider multi-modal access
requirements when making investment decisions
about parks, recreation areas, public parking, and
other city facilities.

Program C-1E: Ensure that new subdivisions are
designed to include features that facilitate walking and bicycling.

Program C-1F: Work with transit providers (e.g.,
STAGE and Greyhound) to extend and/or expand
service to Montague to better address the
transportation needs of the community.

Program C-1G: Work with transit providers, social
service agencies (e.g., PSA 2 Area Agency on Aging),
and community organizations (e.g., religious
institutions and nonprofits) to offer paratransit
services to those with special needs, including on
demand rides for the elderly and disabled.

Program C-1H: Continue to coordinate with SCLTC
and other communities in the region on development
of the Active Transportation Plan and utilize the Active Transportation Plan to better target grant
opportunities to improve the City’s active
transportation network.

Program C-11: Partner with the SCLTC, Caltrans, and
others to fund active transportation improvements in
Montague and the region.

GOAL C-2: A transportation system that is
adequate, safe, and efficient for all users.

POLICY C-2.1: The City endeavors to provide
adequate, safe, and efficient access to and from all
land uses identified in the Land Use Element.

POLICY C-2.2: The City strives to maintain Level of
Service (LOS) C or better on city streets and
intersections.

POLICY C-2.3: The City supports deviations from the
LOS standard when LOS C is unsafe for non¬
automobile users, is too expensive for the City to
maintain, and/or results in increased VMT.

POLICY C-2.4: The City supports long-range plans for
improvement of SR 3 through Montague by Caltrans
to maintain safety and efficiency of traffic.

POLICY C-2.5: The City requires that new
development provide adequate off-street parking to
accommodate parking demands generated by the
use.

POLICY C-2.6: The City requires that publicly
accessible parking areas be designed to provide safe
access for pedestrians and bicyclists.

POLICY C-2.7: The City supports the use of shared
parking facilities that provide safe and convenient
connectivity between adjacent uses.

Program C-2A: Review existing roadways and
sidewalks to ensure that they meet general safety
standards and are ADA compliant. If it is found that
any routes are unsafe or noncompliant, make the
necessary improvements to ensure that the routes are
improved to appropriate standards.

Program C-2B: Continue to evaluate, improve, and
maintain city streets and sidewalks to ensure safe,
efficient operation.

Program C-2C: Adopt street standards that reflect
adjacent land uses and anticipated traffic volumes and
provide flexibility where necessary to maintain public
safety and neighborhood character.

Program C-2D: Design public rights-of-way,
intersections, and parking areas to include accessible, safe access for all users.

Program C-2E: Strive to maintain adequate on-street
and off-street parking areas, including electric vehicle charging stations, to meet ongoing parking demands.

Program C-2F: Evaluate the use of in lieu fees to
offset the parking impacts of new or expanded
commercial, institutional, or industrial land uses as an alternative to requiring that such uses provide the
minimum off-street parking spaces required by Code.
2024 General Plan Annual Progress Report Page 4
Program C-2G: Actively participate in regional
transportation planning programs, including programs
coordinated by the SCLTC, and use the regional
planning process to improve the City's transportation
network.

Program C-2H: When a project is proposed that has
the potential to impact SR 3 or the intersection of a
city street with the highway, coordinate with Caltrans
to address and resolve issues that may affect the
safety and efficiency of related traffic.

Program C-21: Coordinate with Caltrans regarding
safety issues on SR 3 and the highway's intersections
with city streets to ensure sufficient improvements are in place, including traffic calming measures, to
safeguard the community.

Program C-2J: Minimize the effects of truck traffic on
city streets by developing, maintaining, and enforcing
a system of designated truck routes and ensure
designated truck routes are designed to
accommodate the heavier loads placed on them.

Program C-2K: Periodically evaluate parking
standards in the Zoning Code for adequacy and
consistency with state law and amend as necessary.

Program C-2L: Support efforts to promote safety at
rail crossings in the City.

GOAL C-3: A circulation system that contributes
to the social, economic, and environmental well¬
being of the community.

POLICY C-3.1: The City supports the enhancement of
the visual appearance of pedestrian and vehicular
routes.

POLICY C-3.2: The City recognizes the relationship
of local transportation decisions to broader regional
issues, such as congestion management and
environmental sustainability.

POLICY C-3.3: The City promotes access to public
transit, non-vehicular modes of transportation, and
greater linkages between land uses and transit to
reduce automobile-related emissions.

POLICY C-3.4: The City supports equitable
deployment of comprehensive utility infrastructure in
the City, including the efficient expansion of
broadband infrastructure and the provision of costeffective high-speed internet service, to foster economic prosperity.

POLICY C-3.5: The City requires that development
mitigate adverse impacts of a proposed project on the
existing transportation system.

POLICY C-3.6: The City endeavors to provide public
services, facilities, and utilities that are efficient, cost effective, and in compliance with state and federal
regulations.

Program C-3A: Construct, improve, and maintain the
system of curb, gutters, sidewalks, and crosswalks for
circulation, safety, and drainage control, giving priority to high traffic areas.

Program C-3B: Evaluate the planting of low
maintenance shade trees in landscaped areas
adjacent to streets where non-motorized travel is
expected, where such improvements can be made
without jeopardizing emergency response and future
capacity requirements, and where such
improvements are feasible and appropriate.

Program C-3C: As part of the CEQA process, require
traffic studies for projects that have the potential to generate substantial increases in VMT or impact
traffic patterns.

Program C-3D: Protect natural features and sensitive
areas to the maximum extent feasible when
maintaining and expanding the City’s circulation
system.

Program C-3E: Develop a targeted approach to
digital inclusion that includes expansion of public Wi¬ Fi in the downtown area, city hall, community center,
and other key areas of community interest.

Program C-3F: When possible, reduce barriers to the
equitable deployment of new broadband and
telecommunication technologies and infrastructure to
attract employers and businesses.

Program C-3G: Work with state agencies and
regional partnerships to develop funding for
improvements to the City’s water, wastewater, and
storm drain systems.

GOAL C-4: A pattern of development and a
transportation system that minimize vehicle miles
traveled (VMT).

POLICY C-4.1: The City supports the implementation
of strategies to reduce the number and length of
vehicle trips, including active transportation
improvements, mixed-use development, improved
access to public transit, and the placement of
development in proximity to employment centers.
2024 General Plan Annual Progress Report Page 5
POLICY C-4.2: The City supports new development
that will reduce household and employment VMT
relative to existing conditions.

POLICY C-4.3: The City supports on- and off-street
improvements that provide functional alternatives to
automobile usage, promote active transportation, and
reduce VMT.

Program C-4A: Ensure that Montague’s
transportation system complements the land use
pattern, and that land use decisions complement and
make efficient use of the transportation system.

Program C-4B: Continue to develop and improve the
City’s pedestrian and bicycle transportation network,
using on- and off-street improvements as appropriate,
to increase nonvehicular access to local destinations.

Program C-4C: Develop and support strategies that
strengthen first/last mile connectivity to enhance the
viability and utility of public transit for all users, such as sidewalks, bicycle parking, and wayfinding signs.

Open Space and Conservation Element (2024)
GOAL OC-1: Welcoming, inclusive, and safe
parks, recreation facilities, and activities to serve
city residents regardless of age, ability, or income.

Policy OC-1.1: The City supports investment in the
maintenance, improvement, and development of
parks, recreation facilities, and greenspace to
promote active lifestyles, mental health, lifelong
learning and development, and environmental
health benefits for individual and community
wellbeing.

Policy OC-1.2: The City supports investment in
parks, trails, and programs to promote sports,
fitness, active transportation, and active lifestyles.

Program OC-1A: Continue to evaluate and apply
for grants and other sources of funding as they
become available for the maintenance,
improvement, and development of parks, recreation
facilities, and greenspace.

Program OC-1B: Encourage residents,
stakeholders, neighborhood groups, businesses,
schools, social organizations, and public agencies
to volunteer and partner in the maintenance and
development of city-owned parks and recreation
facilities.

Program OC-1C: Provide a variety of recreation
facilities and activities that meet the diverse needs
of the community.

Program OC-1D: Accommodate those with special
needs in the City’s parks and recreation facilities
and programs, including seniors and people with
disabilities, and meet the requirements of the
Americans with Disabilities Act.

Program OC-1E: Coordinate with the Siskiyou
County Sheriff’s Office in the planning for safe and
secure parks and recreation areas.

Program OC-1E: When planning park renovations
and development, incorporate green infrastructure,
shade, and vegetation where appropriate.

Program OC-1F: Design and develop parks,
greenspace, and trail corridors to support
community respite, wellness, and the mental health
benefits found in connections to nature.

Program OC-1G: Support urban agriculture in
private development and public spaces, including
home gardens, community gardens, and urban
farms.

Program OC-1H: When planning new parks,
recreation facilities, open space, and greenways,
ensure adequate funding is available for the
ongoing maintenance and operation of these areas.

GOAL OC-2: A comprehensive system of
interconnected open space areas that
maximizes the potential for habitat
preservation, compatible recreation, and scenic
views.

Policy OC-2.1: The City recognizes that open¬
space land is a limited and valuable resource that
should be conserved wherever possible.

Policy OC-2.2: The City, in cooperation with other
agencies, organizations, and property owners,
endeavors to maintain, preserve, and enhance an
interconnected system of open space for the
community’s use, appreciation, and enjoyment and
for the preservation and enhancement of natural
habitat.

Program OC-2A: Where practical, improve cityowned open space with designated access points, parking, trails, and other amenities.
2024 General Plan Annual Progress Report Page 6
Program OC-2B: Provide access to public open
space areas, excluding those areas determined to
be sensitive to human presence, through a network
of pedestrian and bicycle trails that can be
adequately managed.

Program OC-2C: Integrate, where feasible, active
and passive recreational opportunities with the
protection of natural areas.

Program 0C-2D: Continue to require the
dedication of land, improvement of parks and open
space, and/or the payment of in lieu fees in
accordance with the Quimby Act and the City’s
Subdivision Ordinance.

Program OC-2E: Maintain a ratio of not less than
five acres of park and open space land per 1,000
city residents.

GOAL OC-3: Preservation of cultural,
historical, and paleontological resources.

Policy OC-3.1: The City desires to strengthen
Montague’s identify, safeguard the cultural identity
of previously displaced tribes, and preserve the
fossil record through protection of the cultural,
historical, and paleontological resources in the City.

Policy OC-3.2: The City recognizes that although
no paleontological resources or tribal cultural
resources, places, features, or objects have been
identified in the planning area, projects resulting in
ground disturbance have the potential to uncover
previously unknown resources.

Program OC-3A: Consult with local Native
American Tribes that are traditionally and culturally
affiliated with resources that could be affected by
city plans or projects, identify areas that may be of
tribal cultural significance, and determine
appropriate treatment for the areas.

Program OC-3B: When items of historical, cultural,
or paleontological significance are discovered,
contact a qualified archaeologist or historian to
evaluate the find and recommend proper action.

Program OC-3C: Where feasible, incorporate
significant archaeological and tribal cultural
resource sites into open space areas.

Program OC-3D: Coordinate with the appropriate
federal, state, local agencies, and Native American
Tribes upon discovery of tribal cultural resources
and artifacts.

Program OC-3E: Work with affected property
owners in the City's historic town center to evaluate
the possible creation of a historic district or similar mechanism to protect the historic character and
charm of the downtown area.

Program OC-3F: Support interested property
owners in the preservation, maintenance, and/or
renovation of significant historic resources,
consistent with applicable Department of the
Interior historic preservation standards.

Program OC-3G: Safeguard the City’s railroad
identity and history through partnerships with the
Montague Historical Society and other appropriate
entities for the preservation of records,
photographs, physical evidence, and other historic
resources associated with Montague’s past.

Program OC-3H: Support and encourage the
railroad history of the community and the
maintenance of significant historic structures and
resources in the planning area.

GOAL OC-4: Protection of special-status
species and other biological resources
sensitive to human activities and development.

Policy OC-4.1: The City supports the restoration
and management of natural habitats to improve the
resilience of the community and environment to
flood, drought, and wildfire hazards.

Program OC-4A: Work with the Siskiyou County
Flood Control District, Shasta Valley Resource
Conservation District, interested property owners,
and other appropriate entities to restore natural
habitats in the planning area and improve the
resilience of natural landscapes to hazards like
drought, flood, and wildfire.

Program OC-4B: When activities involving
modifications within or adjacent to wetland areas
are planned or proposed, seek the advice of
appropriate federal, state, or local agencies
concerning specified agency regulatory programs
and proprietary jurisdictions that may affect such
activities.
2024 General Plan Annual Progress Report Page 7
Program OC-4C: Require buffer areas between
development projects and significant watercourses,
riparian vegetation, and wetlands.

Program OC-4D: Where practical and feasible, co¬
manage open space and wetlands for flood control.

GOAL OC-5: A sustainable and high-quality
water supply.

Policy OC-5.1: The City collaborates with the
State, regional water quality control boards,
watermasters, water purveyors, and government
agencies at all levels to ensure a safe supply of
drinking water and a healthy environment.

Policy OC-5.2: The City supports the development,
update, and implementation of groundwater and
surface water management plans that emphasize
sustainable use and/or water quality protection.

Program 0C-5A: Work with local, state, and
federal agencies, special districts, private
landholders, and the Groundwater Sustainability
Agency to promote management practices that
protect the watershed and the City’s municipal
water supply.

Program OC-5B: Reduce soil erosion and
sedimentation of water bodies to protect water
quality by applying “best management practices” for
projects in and around surface waters (e.g., storm
drainage maintenance).

Program 0C-5C: Integrate stormwater
management techniques and low impact
development best practices to minimize runoff.

Program OC-5D: Work with the Shasta Valley
Resource Conservation District, landowners, and
other appropriate entities to implement flood and
erosion control measures, manage watershed
health, and promote sustainable agricultural
practices that reduce the risk of soil degradation,
water contamination, and flooding in the
community.

Program OC-5E: Develop a water conservation
plan to reduce the impact of drought on the City’s
water supply.

Program OC-5F: Encourage water conservation
efforts by residents, businesses, and industry.

Program 0C-5G: Protect riparian areas and
wetlands by requiring setbacks from these features
during project review.

GOAL OC-6: Industries that support the local
and regional economy, minimize adverse
impacts to the public and environment, and are
compatible with development in the City.

Policy OC-6.1: The City supports the conservation
of agricultural operations that are sustainable,
economically viable, and compatible with
development in the City.

Policy OC-6.2: The City permits small-scale, non¬
water-intensive agriculture where compatible with
surrounding uses.

Policy OC-6.3: The City requires that all mining
activity is properly permitted, conducted in
accordance with the State Surface Mining and
Reclamation Act of 1975 (SMARA), and that mines
are effectively reclaimed.

Program 0C-6A: Ensure that non-exempt mineral
extraction activities within the City’s planning area
comply with SMARA, including requirements
financial assurances and reclamation plans.

Program OC-6B: Monitor mineral extraction
activities to ensure that the operation and
reclamation of mined lands is consistent with
SMARA.

Program OC-6C: Coordinate with Siskiyou County
regarding proposed activities within the Sphere of
Influence to ensure that activities which threaten
the potential to extract mineral resources on
approved sites are not permitted.

Program OC-6D: To protect agricultural uses from
urban development, require new development
adjacent to agricultural uses to provide fencing
and/or establish buffer areas between the urban
and agricultural uses.

Program OC-6E: Amend the Zoning Code to
provide additional opportunities for urban
agriculture and to support limited ancillary retail
sales of agricultural products produced in the City.

GOAL OC-7: Montague’s rural small town
atmosphere conserved and enhanced.
2024 General Plan Annual Progress Report Page 8
Policy OC-7.1: The City endeavors to safeguard
the community from the effects of urban blight.

Program 0C-7A: Continue to utilize code
enforcement as a means to eliminate property
deterioration, and the accumulation of trash and
junk that negatively impacts adjacent properties
and the appearance of the community.

Program 0C-7B: Work with property owners to
improve the scenic quality along State Highway 3
as it proceeds through the community.

GOAL OC-8: Increased energy efficiency,
where possible, to reduce costs and
environmental impacts.

Policy OC-8.1: The City supports increased energy
efficiency and the use and deployment of
sustainable energy sources.

Program 0C-8A: Continue to identify energy
efficiency improvements that can be implemented
by the City to reduce energy demand and cost, seek
grant funding for implementation of the
improvements, if necessary, and implement the
improvements in a timely manner upon securing
funds.

Program OC-8B: Cooperate with federal, state and
local governments and other appropriate entities to
accomplish energy conservation objectives
throughout the State, and inform employees, its
contractors, staff and the general public of the need
for and methods of energy conservation.

Noise Element (2024)
Goal 1 - To protect the existing and future citizens
of Montague from the harmful effects of exposure
to excessive noise.

Goal 2 - To protect existing noise-sensitive land
uses from encroachment by new uses that would
generate noise levels which are incompatible with
those uses, and to discourage new noise¬
sensitive land uses from being developed near
sources of high noise levels.

Goal 3 -To recognize that noise is an inherent by¬
product of many land uses and to protect the
economic base of Montague by preventing the
encroachment of noise-sensitive land uses into
areas affected by existing noise-producing uses.

Goal 4 - To provide sufficient information
regarding the community noise environment so
that existing and potential future noise impacts
may be effectively addressed in the land use
planning and project review processes.

Goal 5 - To develop strategies for abating
excessive noise exposure through appropriate
mitigation measures in combination with
appropriate zoning to avoid incompatible land
uses.

Policy 1: The noise level standards for noise¬
sensitive areas of new uses affected by traffic,
aircraft, or railroad noise sources in Montague are
shown by Table 1.

Policy 2: Where the noise level standards of Table
1 are predicted to be exceeded at new uses
proposed within Montague which are affected by
traffic, aircraft or railroad noise, appropriate noise
mitigation measures shall be included in the project
design to reduce projected noise levels to a state of
compliance with the Table 1 standards at the noise¬
sensitive areas of the proposed uses.

Policy 3: For new developments proposed in areas
exposed to railroad noise, the exterior noise level
standards of Table 1 shall be increased by 5 dB
DNL. This policy recognizes that railroad events,
while loud, are short in duration and that, during
railroad passbys, single-event noise at exterior
spaces remains relatively high regardless of
whether exterior noise mitigation has been
implemented. As a result, the goal of this policy is
to minimize the extent by which railroad noise
barriers may be required near the railroad tracks in
Montague.

Policy 4: The City shall encourage local lawenforcement agencies to enforce the vehicle noise level limits specified within the California Motor
Vehicle Code.

Policy 5: The interior and exterior noise level
standards for noise-sensitive areas of new uses
affected by existing fixed noise sources in
Montague are shown by Table 2. Where the noise
level standards of Table 2 are predicted to be
exceeded at a proposed noise-sensitive areas due
to existing fixed noise sources, appropriate noise
mitigation measures shall be included in the project
design to reduce projected noise levels to a state of
compliance with the Table 2 standards within the
2024 General Plan Annual Progress Report Page 9
identified noise-sensitive areas of the proposed
new development.

Policy 6: Where a project would result in the
introduction of new fixed noise sources where such
sources do not currently exist, the noise generation
of those sources shall be mitigated so as not
exceed the interior and exterior noise level
standards of Table 2 at existing noise-sensitive
areas in the project vicinity.

Policy 7: If a noise-generating use is proposed
adjacent to vacant lands currently zoned for uses
which may be developed with exterior noise
sensitivity, the noise generating use shall be
responsible for mitigating its noise generation to a
state of compliance with the Table 2 standards
using reasonable assumptions pertaining to both
the likely sensitivity of the receiving land use and
the noise generation of the project. At such time as
that noise-sensitivity is introduced on the nearby
vacant parcel(s), the proposed noise-generating
use will be responsible for complying with the City’s
Noise Ordinance standards.

Policy 8: Due to variations in types of both noise¬
generating and noise-sensitive land uses, as well
as variations in ambient conditions in the City, the
City shall have the ability to set noise standards
which are up to 5 dB higher or lower than the Table
2 standards if determined appropriate by the
Planning Commission and/or City Planning
department staff.

Policy 9: For capacity enhancing roadway or rail
projects, the construction of new roadways or
railways, or projects which will substantially
increase traffic on the local roadway network, a
noise analysis shall be prepared. If pre-project
traffic noise levels already exceed the noise
standards of Table 1 and the increase is significant
as defined below, noise mitigation measures should
be considered to reduce traffic and/or rail noise
levels to a state of compliance with the Table 1
standards. A significant increase is defined as
follows:

Pre-Project Noise (DNL) Significant Increase (dB)
Less than 60 dB 5+ dB
60 - 65 dB 3+dB
Greater than 65 dB 1.5+ dB
Policy 10: If noise-reducing pavement is to be
utilized in conjunction with a roadway improvement
project, or if such paving exists adjacent to a
proposed new noise-sensitive land use, the
acoustical benefits of such pavement shall be
included in the noise analysis prepared for the
project.

Policy 12:All noise analyses prepared to determine
compliance with the noise level standards
contained within this Noise Element shall:
•Be the responsibility of the applicant.
•Be prepared by qualified persons experienced in
the fields of environmental noise assessment and
architectural acoustics.
•Include representative noise level measurements
with sufficient sampling periods and locations to
adequately describe local conditions.
•Estimate projected future (20 year) noise levels in
terms of the Standards of Tables 1 and 2, and
compare those levels to the adopted policies of the
Noise Element.
• Recommend appropriate mitigation to achieve
compliance with the adopted policies and standards
of the Noise Element.
•Estimate interior and exterior noise exposure after
the prescribed mitigation measures have been
implemented.

Policy 13: Noise analyses prepared for multi-family
residential projects, townhomes, mixed-use,
condominiums, or other residential projects where
floor ceiling assemblies or party-walls shall be
common to different owners/occupants, shall be
consistent with the State of California Noise
Insulation standards.

Policy 14: The City’s General Plan Noise Element
standards contained herein are applicable to
proposed new uses. For resolving conflicts
between existing uses, the City’s Noise Ordinance
shall be applicable.

Policy 15: Where exterior noise mitigation is
required to achieve satisfaction with the noise
standards of either Tables 1 or 2, the following
priorities for mitigation shall be observed where
feasible:
•Use of setbacks or open space buffers.
• Incorporate site planning to orient and/or shield
sensitive exterior areas from view of the noise
source in question.
2024 General Plan Annual Progress Report Page 10
• If the noise source is fixed, utilize quieter
equipment or implement noise control treatments at
the source.
•Solid walls should be considered a last resort for
the mitigation of exterior noise levels and, if
feasible, should be placed on earth berms to lessen
their apparent height.

Policy 16: To provide a comprehensive approach
to noise control, the City shall:

A. Develop and employ procedures to ensure that
noise mitigation measures required pursuant to an
acoustical analysis are implemented in the project
review process and, as may be determined
necessary, through the building permit process.

B. Develop and employ procedures to monitor
compliance with the standards of the Noise
Element after completion of projects where noise
mitigation measures were required.

C. The Noise Ordinance shall be amended to
provide that noise standards contained therein will
be consistent with the noise standards of this Noise
Element.

Policy 17: To reduce impacts from groundborne
vibration, all proposals for new uses which would
include vibration-generating activities, or for new
sensitive uses proposed in proximity to existing
sources of vibration (i.e. railroad tracks), shall
comply with the vibration standards established by
the Federal Transit Administration Transit Noise
and Vibration Impact Assessment guidelines (FTAVA-90-1003-06).

Policy 18: A vibration analysis prepared by a
qualified specialist shall accompany all proposals
for sensitive land uses located within 100 feet of the
railroad tracks in Montague. The analysis shall
quantify vibration levels and compare them against
the FTA vibration standards. Railroad vibration
studies for projects located beyond 100 feet from
the tracks shall not be required.

Policy 19: All projects that propose to use heavy
construction equipment that has the potential to
create vibrations that could cause structural
damage to sensitive structures within 100 feet shall
be required to submit a pre-construction vibration
study prior to the approval of a building permit.

Projects shall be required to incorporate specified
measures and monitoring identified to reduce
impacts. Pile driving or blasting are illustrative of
the type of equipment that could be subject to this
policy.

Policy 20: The following sources of noise shall be
exempt from the provisions of this Noise Element:
a. Emergency warning devices and equipment
operated in conjunction with emergency situations,
such as sirens and emergency generators which
are activated during power outages. The routine
testing of such warning devices and equipment,
including generators, is also exempt provided such
testing occurs during daytime hours.
b. All activities occurring at public schools and
public school playgrounds and sporting fields, as
such activities are not regulated at the local level.
c. Activities at private schools, parks or
playgrounds, provided such activities occur during
daytime hours (7 am -10 pm).
d. Activities associated with temporary events for
which a permit has been obtained from the City (i.e.
parades, fireworks displays, etc.)
e. Construction and demolition activities located
within 1,000 feet of noise-sensitive land uses
provided they occur during normal daytime hours,
excluding Sundays and Federal Holidays, subject
to the conditions imposed by City permit. For
construction activities, daytime hours are defined
as 7 am to 7 pm. Construction activities occurring
between the hours of 7 pm and 7 am must comply
with the interior noise level standards identified in
Table 2 unless an exception has been granted by
the City Planning Department.
f. Construction and demolition activities located
beyond 1,000 feet of noise-sensitive land uses,
subject to the conditions imposed by City permit.

For construction activities, daytime hours are
defined as 7 am to 7 pm.
g. In the event of an emergency involving
agricultural activities which requires prompt action
to protect crops or equipment, the City can exempt
noise generated by such action from the provisions
of this Element.

Safety Element (1992)
GOAL I - Protection of the residents of the City of
Montague from naturally and human caused
accidents or hazards.
2024 General Plan Annual Progress Report Page 11
GOAL II - Protection of the property within the
Montague planning area from naturally and
human caused accidents or hazards.

GOAL III - Protection for future residents and
property located in the Montague planning area
from naturally or human caused hazards.

Policy A: Geologic and structural hazard
information relating to private development should
be readily available.

Implementation Measure: City shall make
available to the public information regarding
geologic, fire, and other potential hazards that are
or may be present in the planning area. In particular,
information to homeowners regarding fire safety
practices and problems caused by excessive
expansion/contraction of soils should be provided
to all potential homebuilders.

Policy B: All public buildings should be reviewed for
structural adequacy and the ability to withstand
possible earthquakes and ground shaking.

Emergency services buildings including police and
fire buildings and schools should be evaluated.

Implementation Measure: City shall catalog public
buildings according to their capacity to withstand
possible earthquakes and ground shaking. City
shall enact measures designed to protect
emergency services such as fire, police, and
communication in the event of a major seismic
event.

Policy C: City emergency services shall be
provided with appropriate plans, policies, and
resources to contain urban fires.

Implementation Measure: City shall evaluate the
fire and police department plans and/or policies to
ensure that they are up to date and sufficient to
contain urban fires. Fire Department procedures
should specifically be evaluated.

Policy D: City water system shall be evaluated to
ensure that adequate water service is available to
contain large fires.

Implementation Measure: City shall catalog areas
in need of additional or new fire hydrants and areas
with difficult access by fire protection equipment
and shall improve those areas as funds become
available.

Policy E: Existing and proposed land uses should
be reviewed as to fire safety.

Implementation Measure: City should enact
standards regarding clearances around structures
and fire hazards on developed and vacant land
parcels to limit the potential for fires. Appropriate
road width standards shall be implemented to
ensure access by emergency equipment to all
areas in the City.

Policy F: The potential for and emergency services
response to toxic or hazardous materials spills on
city and county roads and railroad should be
evaluated.

Implementation Measure: City shall evaluate
existing response plans to ensure that emergency
services resources are adequate to cope with a
toxic or hazardous material accident. If current
plans are inadequate, emergency response plans
shall be developed to meet any possible
emergency situation. Appropriate training programs
shall be implemented.

Policy G: Emergency response plans should be
adequate to meet conditions expected in a “worst
case” emergency scenario.

Implementation Measure: City shall evaluate
evacuation plans to ensure safe, prompt, and
orderly evacuation of all City residents. City shall
coordinate evacuation plans with other local and
state agencies.

Policy H: City zoning and building ordinances shall
be reviewed to ensure adequate protection from
safety hazards.

Implementation Measure: City shall develop
overlay zoning for flood, expansive soils, and fire
hazard zones in the City.

Land Use Element (1992)
GOAL A: To provide for coordinated and
compatible development in the City of Montague.

GOAL B: To provide a reasonable framework for
development and refinement of zoning
ordinances.

GOAL C: To provide adequate land for urban uses,
residential as well as commercial and industrial.
2024 General Plan Annual Progress Report Page 12
Policy A: Current zoning should reflect the
character and planned use of the surrounding areas
and be compatible with those surrounding uses.

Implementation Measure: The City shall change
R-1, R-3 zones to R-1.

Implementation Measure: The City shall rezone
all RE to R-2.

Implementation Measure: The City shall zone
parcels in the E1/2 of Webb Addition blk 332, lots
080, 090, 110, 120, 130, 140 from RAG 2 1/2 to R1.

Implementation Measure: The area south of
Highway 3 and west of the Montague Grenada
Road shall by zoned M to conform with present
usage and surrounding parcels.

Implementation Measure: All lots adjacent to 8th
Street or the 8th/9th Street alley between Prather
Street and King Street and those lots adjacent to
9th street between Webb and King shall be zoned
R-l to reflect current use.

Implementation Measure: All lots adjacent to and
west of 9th Street and east of the 10th Street right
of way from Spiers to the city boundary and the area
bordered by Webb Street, 4th Street, RAG 2 1/2
and the city boundary (East Street) shall be zoned
R-3 to provide for adequate housing.

Implementation Measure: Lots adjacent to and
north of Webb Street between 9th Street and the
11th Street alley, and adjacent to Scobie, between
11th and 12th streets currently zoned C-l shall be
zoned C-2 to conform with current usage.

Implementation Measure: The lot northeast of the
conjunction of 12th and Webb Streets and blk 86,
lots, 150 and 130 shall be zoned R-l to conform with
surrounding usages.

Implementation Measure: The lots bordered by
12th, Scobie, King and 13th will be zoned R-1.

Implementation Measure: The area bordered by
Highway 3, Julian and 13th Street and Block
numbered 159 shall be zoned MH to conform to
current usage.

Implementation Measure: Lots numbers Webb
Addition Airport Addition 12 lots 19 26 and 27 shall
be zoned C-2.

Implementation Measure: The area annexed to
the City surrounding the Airport and currently
unzoned shall be zoned M.

Policy B: The City of Montague shall adopt a home
business ordinance.

Implementation Measure: An ordinance shall be
adopted to allow a home business by use permit in
a residential district provided that the business does
not generate excess traffic or noise.

Policy C: The City shall adopt a non-conforming
land use ordinance.

Implementation Measure: A non-conforming land
use ordinance shall be adopted which will allow
current or lessor uses in those existing facilities
which become nonconforming land uses due to
zone changes.

Policy D: The City shall develop over-lay zoning
ordinances in accordance with the other sections of
this general plan.

Implementation Measure: City shall develop
overlay zoning ordinances for areas subjected to
flooding, high noise levels, geologic and urban fire
hazards.

Policy E: The City shall be prepared to aid potential
developers in determining appropriate areas for
development.

Implementation Measure: The City shall inventory
property adjacent to the City boundaries within the
city’s sphere of influence and catalog those areas
as to potential and appropriate development.

Because it has been more than 30 years since adoption of the Land Use and Safety Elements (i.e., the only two elements remaining to be updated), several of the programs contained within them have been completed, however, certainly not all. And with only nine months since adoption of the most recent Housing Element update and only four months since updates to the Circulation, Open Space & Conservation, and Noise Elements, progress towards their implementation has just begun. Notably, the City has obtained approval from HCD to implement a portion of the City’s state-certified 6th Cycle Housing 2024 General Plan Annual Progress Report Page 13
Element using cost savings from the City’s SB 2 planning grant. The projects are to be completed and funds expended prior to June 30, 2025. The effort, which is currently underway along with updates to the City’s Land Use and Safety Elements and Zoning Code,3 includes two primary components: 1) updating the City’s website to promote housing programs; and 2) establishing policies and procedures for a) granting priority sewer and water service for housing developments with affordable units, b) granting fee waivers for mergers to facilitate multifamily housing, and c) requiring replacement housing consistent with Government Code Sec. 65583.2(g)(3) and 65915.

Regional Housing Needs Summary
Pursuant to Government Code Section 65584, HCD developed a Regional Housing Needs Plan (RHNP) for Siskiyou County. At the time the RHNP was developed, HCD identified a need to accommodate two new residential units in the City of Montague over an eight-year planning period (February 15, 2023 to February 15, 2031). One unit was allocated as being affordable to Extremely Low Income households and the other unit affordable to Low Income households. As shown in Table 2 below, the City established as additional goals one unit affordable to Moderate Income households, one unit affordable to Above Moderate Income households, and the rehabilitation of four units.

Table 2
Summary of the City’s Regional Housing Needs & Goals: 2023-2031 Notes: The City has not established an objective for the preservation of affordable housing, as there are no units at risk of conversion during the current planning period.

Economic Group New Construction Rehabilitation
Extremely Low Income 1 1
Very Low Income 0 1
Low Income 1 1
Moderate Income 1 1
Above Moderate Income 1 0
TOTAL: 4 4
While the City has little control over the physical construction of dwelling units to satisfy the City’s share of regional housing needs, the City must ensure that it has sufficient properly zoned land to accommodate its share of housing needs should development be proposed. If the City did not have sufficient vacant land to accommodate its share of regional housing needs at the time the Housing Element was most recently updated, the City would likely have been required to adopt a program to rezone sufficient land to meet the projected shortfall in order to have a state-certified housing element. The City, having adequate vacant land to meet its regional housing needs, was not required to adopt such a program and, therefore, no parcels must be rezoned to accommodate regional housing needs.

For the purpose of assessing the progress that has been made to satisfy projected housing needs for each economic group identified in Table 2, new housing opportunities are evaluated annually based upon an analysis of entitlements or building permits issued during the prior year. In addition, in order to determine which economic groups potentially benefit from new housing opportunities, it is necessary to define the various groups based upon State Income Limits and to establish a maximum housing affordability for each group based upon these limits (see Table 3 below). To determine the number of new housing units that are affordable to each income level, the estimated rent or property value, as 3 In addition, a number of 6,h Cycle Housing Element programs are being implemented as part of the City’s Zoning Code update.
2024 General Plan Annual Progress Report Page 14
determined by building permit and assessor data (if owner occupied) or sale price (if sold), is compared with the maximum monthly housing affordability or maximum affordable purchase price in Table 3 below.

Table 3
2024 State Income Limits and Home Affordability for the Various Economic Groups Economic Group Maximum Annual
Income 12
Maximum Monthly
Housing Affordability 3,4
Maximum Affordable
Purchase Price 5
Extremely Low Income $31,200 $234 $42,000
Very Low Income $43,950 $549 $90,250
Low Income $70,300 $1,230 $138,425
Moderate Income $105,500 $3,384 $278,800
1 Median Income = $87,900 per HCD
Extremely Low Income = 30% of Median Income
Very Low Income = 50% of Median Income
Low Income = 80% of Median Income
Moderate Income = 120% of Median Income
4 The formulas used to ascertain the maximum
2 Adjusted per HDD's FY 2024 income limits briefing materials 3 Extremely Low Income = $31,200 X 0.30 X 0.30/12
Very Low Income = $43,950 X 0.3 X 0.50/12
Low Income = $70,300 X 0.3 X 0.7/12
Moderate Income = $105,500 X 0.35 X 1.1/12
monthly housing affordability were determined using the criteria outlined in Sections 50052.5 and 50053 of the California Health and Safety Code. 5 The maximum affordable purchase price was determined using the affordability calculator published by the Department of Housing and Community Development, which assumes that buyers could qualify for a 30-year, 7.79 percent fixed-rate Federal Housing Administration mortgage with a 3.5% down payment in 2024.

During the current planning period (i.e., since February 15, 2023), there have been two new units added to the City’s housing stock. The new units are manufactured homes placed on foundations on the same parcel. Both units were permitted by right, with one unit approved as an accessory dwelling unit (ADU).

Based on the affordability formulas in Table 3 above, unit sizes, and current market rate, both units are projected to be affordable to low income households. While no other housing units were constructed in 2024, and no other units issued a completed entitlement or a certificate of occupancy thus far in the planning period, nine other building permit applications to construct new housing units were received in 2024. Of those nine applications, all were approved in 2025 and two permits were issued. There have been no applications for new housing disapproved during the planning period.

Rehabilitation and Demolition
No housing units have been conserved through the City’s housing rehabilitation program units during the current planning period, nor have any units been demolished.

Local Early Action Planning (LEAP) Grant
The City of Montague utilized its $65,000 LEAP grant to update the Noise Element, Circulation, and Open Space & Conservation Element. At the completion of the project in November 2024, there was an unexpended LEAP grant balance of $22,458.81.

Affordable Housing and High Road Jobs Act of 2022
No residential development application has been submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022.

Consultation with California Native American Tribes
In accordance with Government Code Section 65352.3, the City notified Tribes for the purpose of inviting consultation and avoiding impacts to places, features, and objects described in Public Resources Code Sec. 5097.9 and 5097.993. None of the tribal representatives identified by the Native American Heritage Commission and contacted by the City requested consultation. 2024 General Plan Annual Progress Report Page 15
Historic Resources
No resources in Montague were listed on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic places by the City in the past year.

Conclusion
The City of Montague implements the General Plan in the regular administration of city business, on a project-by-project basis, and in the decisions of the Planning Commission and City Council. The Housing Element, Circulation Element, Noise Element, and Open Space & Conservation Element were all recently updated in 2024 using a combination of SB 2 and LEAP planning grants to ensure the General Plan meets current State requirements, continues to represent the community’s vision for itself, and provides the guidance necessary to accomplish this vision. The Land Use and Safety Elements are presently being updated and will be completed shortly. Details regarding the City’s progress toward implementing the Housing Element are included on HCD-issued forms included as Attachment B. 2024 General Plan Annual Progress Report Page 16

ATTACHMENT A
Draft Resolution 25-02
RESOLUTION 25-02

A RESOLUTION OF THE CITY OF MONTAGUE CITY COUNCIL
ACCEPTING THE 2024 GENERAL PLAN ANNUAL PROGRESS REPORT

AND APPROVING THE TRANSMITTAL OF THE REPORT TO
THE GOVERNOR’S OFFICE OF LAND USE AND CLIMATE INITIATIVE AND

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF MONTAGUE CITY COUNCIL
Takeshi Murakami, Mayor
WITNESS, my hand and seal this 6th day of March 2025
Ruanna Smith, Interim City Clerk

ATTACHMENT B
HCD HousingElement Forms (Abridged)
Jurisdiction Montague
Reporting Year 2024 (Jan. 1 - Dec. 31)
Housing Element Planning Period 6th Cycle 02/15/2023-02/15/2031 Note: Units serving extremely low-income households are included in the very low-income Building Permits Issued by Affordability Surnmary
Income Level Current Year
Very Low
Deed
Restricted 0
Non-Deed
Restricted 0
Low
Deed
Restricted 0
Non-Deed
Restricted 0
Moderate
Deed
Restricted 0
Non-Deed
Restricted 2
Above Moderate 0
Total Units 2
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 1 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 0 1
Mobile/Manufactured Home 0 1 1
Total 0 2 2
|Infill Housing Developments and Infill Units Permitted |# of Projects |Units IIndicated as Infill
00 |Not Indicated as Infill
22 Housing Applications Summary
Total Housing Applications Submitted:
g
Number of Proposed Units in All Applications Received:
9 Total Housing Units Approved:
9 Total Housing Units Disapproved:
0 Use of SB 423 Streamlining Provisions
- Applications
Number of SB 423 Streamlining Applications
0 Number of SB 423 Streamlining Applications Approved
0 Units Constructed - SB 423 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 9 9
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count Programs Implemented 29
Sites Rezoned to Accommodate the RHNA 0

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table D
Jurisdiction Montague
Reporting Year 2024 (Jan. 1 - Dec. 31)
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1.3.1 Provide
Adequate Sites and No Net
Loss Compliance
To ensure the City has an adequate
inventory of vacant land to accommodate its
regional housing need allocation (RHNA).

Ensure an adequate
inventory of vacant land on a
project-by-project basis.

A building permit was issued in March 2024 for the development of a manufactured home on the City's only designated inventory site. Because the site was intended to accommodate the City's entire RHNA of two affordable housing units, staff had to make specific findings consistent with Gov. Code. Sec. 65863. prior to approving the reduction in density. These findings were: the reduction was consistent with the City’s General Plan, including the Housing Element; and the remaining sites identified in the Housing Element are adequate to meet the requirements of Gov. Code Sec. 65583.2 and accommodate the City’s remaining RHNA. These findings were supported by the following facts: it was determined the proposed unit would be affordable to low income households and would satisfy 50 percent of the City's RHNA for the 2023-2031 planning period; and the City's unmet RHNA housing need of one unit affordable to extremely low income households could readily be accommodated on any one of the four lower income multrfamily housing opportunity sites identified in the City's Housing Element.

According to the Housing Element, these sites contain a combined realistic capacity for 194 affordable housing units.

Program 1.3.2 Monitor
Availability of Opportunity
Sites
To ensure an adequate supply of vacant
land to accommodate the RHNA and a
variety of housing types for all income
levels.

Monitor opportunity sites
annually.

The City continues to monitor its supply of vacant land. As noted above, the City's opportunity sites contain a combined realistic capacity for 194 affordable housing units.

In addition, the City's opportunity sites contain a combined realistic capacity for 60 units affordable to moderate income households and 48 units affordable to above moderate income households.

Program 1.4.1 Procedures
for Water and Sewer
Connections
To establish policies and procedures for
granting priority water and sewer service to
developments that include affordable
housinq consistent with state law.

Establish policies and
procedures within one year
of Housing Element
adoption.

This program is in progress and is being implemented using a portion of remaining SB 2 planning grant funds. The project will be presented for the City Council's consideration later this spring.

Program 1.4.2 Monitor
Public Infrastructure and
Improve as Funding is
Available
To determine if the current fee structure is
adequate to finance needed improvements
in the capacity of the utility systems to
accommodate future development; and to
complete a public facility plan to provide
sewer and water service to undeveloped
land in the Citv.

Review CIP, seek funding,
and make improvements on
an ongoing basis.

The City continues to review the sewer and water CIP to ensure there's adequate funding for scheduled improvements. The City has not yet applied for grant funding during the current planning period to prepare a complete public facilities plan. The City continues to improve the sewer system as funding permits.

Program 1.5.1 Monitor
Public Infrastructure and
Development in Sphere of
Influence
To develop or improve essential utility
systems to facilitate housing development
outside of existing sewer and/or water
service areas, and in areas where existing
systems are at or near capacity.

Work with housing
developers as opportunities
are recognized.

No units were proposed outside of the existing service areas during the current planning period, and the City is not aware of any proposed in the sphere on influence. As such, Program 1.5.1 has not yet been implemented.

Program 2.1.1 Promote the
City Housing Programs to
Residents
To improve community awareness and
support for the City's housing programs and
encourage development of J/ADUs.

Update website within one
year of Housing Element
adoption. Participate in
industry events, workshops,
or similar public
events/activities beginning in
2025.

This program is in progress and is being implemented using a portion of remaining SB 2 planning grant funds. The project will be presented for the City Council's consideration later this spring. The City has not yet participated in activities or events.

Program 2.2.1 Establish and
Promote Local Density
Bonus Procedures
To adopt implementing procedures
consistent with State Density Bonus Law.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

Monitor amendments to Gov.

Code Sec. 65915 as part of
the GPAPR. Provide density
bonuses as qualifying
projects are submitted.

Prepare and publish
materials on website within
30 days of amending Zoning
Code.

This program is being implemented via the draft Zoning Code update, which is scheduled for City Council consideration along with the draft Land Use and Safety Element updates later this spring.

Program 2.2.2 Monitor
Existing Fees and Possible
Fee Reductions for
Affordable Housing
To ensure city fees are not a constraint to
the development of affordable housing.

Review building and
development connection
fees beginning in 2025 and
biennially thereafter and prior
to adoption of new
ordinances and resolutions
for residential development
standards and fees.

Program 2.2.2 has not yet been implemented.

Program 2.3.1 Monitor
Development Incentives
To encourage development of low- and
moderate-income housing through the use
of incentives.

Encourage development of
existing lots as inquiries are
received. Review incentives
for infill development by 2025
and biennially thereafter.

Meet with SAGE quarterly.

No qualifying units have been proposed during the current planning period. The City will be updating the website to include density bonus information. Infill development is always encouraged, however, the City has not yet met with housing consultants during the current planning period to review incentives. The City continues to participate in SAGE meetings.

Program 2.3.2 Update Local
J/ADU Ordinance
To ensure the City's regulations for J/ADUs
are consistent with state law.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 2.3.3 Reduce
Parking Requirements for
One-Bedroom Units and
Other Similar Dwellings
To ensure the City's parking requirements
are consistent with state law.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 2.3.4 Smail Lot
Consolidation
To facilitate the development of multrfamily
housing.

Adopt policy within one year
of Housing Element
adoption.

This program is in progress and is being implemented using a portion of remaining SB 2 planning grant funds. The project will be presented for the Council's consideration later this spring.

Program 2.3.5 Provision for
Dwelling Groups To encourage a variety of housing types.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 3.1.1 Use CDBG
Housing Funds for Housing
Conservation and Prioritize
Funding for Residents with
Special Needs
To encourage the construction of new
housing and/or rehabilitation of existing
housing for residents with special needs; to
assist homeowners with low interest loans
and/or grants; to support third-party and
non-profit organizations that offer zero- and
low-cost rehabilitation or weatherization
programs; to improve housing units that are
substandard; to promote and publicize the
availability of funding housing rehabilitation,
energy conservation, and weatherization.

Priorirtize special needs
housing for the duration of
the planning period.

Continue to apply for CDBG
funds as state and federal
funding becomes available.

Support third-party and non¬
profit organizations no less
than annually. Perform
proactive code enforcement
transactionally during the
planning period. Promote
and publicize the availability
of funding for housing
rehabilitation, energy
conservation, and
weatherization programsor
the duration of the planning
period.

No units have been constructed or rehabilitated for special needs residents during the current planning period. The City continues to apply for CDBG funding with the assistance of Great Northern Services (GNS). The City continues to work with GNS and the County to improve habitability and weatherization of the existing housing stock.

Program 3.2.1 Establish a
Local Replacement Housing
Policy
To ensure continued availability of housing
for low- and very low-income housing.

The Replacement Housing
requirement shall be
implemented immediately
and applied as applications
on designated Inventory
Sites are received and
processed. A local policy
shall be adopted by
December 31. 2024.

This program is in progress and is being implemented using a portion of remaining SB 2 planning grant funds. The project will be presented for the City Council's consideration later this spring.

Program 4.2.1 Amend City
Regulations for Supportive
Housing Developments, Low
Barrier Navigation Centers
Consistent with State Law
To ensure City regulations for supportive
housing and low barrier navigation centers
are consistent with state law.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 4.2.2 Amend City
Regulations for Emergency
Shelters
To ensure City regulations for emergency
shelters are consistent with state law.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 4.2.3 Amend City
Regulations for Employee
Housing, Including
Farmworker Housing
To allow employee housing including
farmworker housing consistent with Health
and Safety Code Sections 17021.5,
17021.6, and 17021.8.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

Apply for funding annually as
NOFAs are released.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 4.2.4 Amend City
Regulations for the Definition
of Family
To not discriminate against non-traditional
households or housing arrangements.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 4.2.5 Amend City
Regulations for Group
Homes
To allow group homes in the same manner
as other residential development in the
same zone.

Initiate Code amendment
within one year of Housing
Element adoption and adopt
amendment within two years.

This program is being implemented via the draft Zoning Code update, which is scheduled for Council consideration along with the draft Land Use and Safety Element updates this spring.

Program 4.3.1 InterJurisdictional Coordination
and Planning to Address
Homelessness
To provide services, shelter, and housing for
those experiencing homelessness in the
City.

Coordinate at least annually.

Apply for funding annually.

Meet with CDBG consultants
Quarterly.

While much of Program 4.3.1 has yet to be implemented, the City of Montague and other cities in Siskiyou County allocated their PLHA funding to the County for development of a homeless shelter in Yreka in 2022.

Program 5.1.1 Support the
Development of Housing for
Extremely Low Income
To support and remove barriers to the
development of housing affordable to
extremely low-income households.

Apply for funding annually.

Perform outreach at least
biennially. Encourage and
support plans as residential
project applications are
considered.

Program 5.1.1 has not yet been implemented.

Program 5.1.2 Promote the
City's Housing Programs to
Affordable Housing
Developers
To improve awareness and support for the
City’s workforce and affordable housing
programs.

Perform outreacn wunin two
years from Housing Element
adoption, and at least
biennially. Participate in an
industry event, workshop, or
similar public event/activity at
least once a year beginning
in 702^
Program 5.1.2 has not yet been implemented.

Program 6.1.1 Alternative
Building Materials and
Construction Methods for
Energy Conservation
To enhance energy conservation and
sustainability.

Consider alternative building
materials no later than
December 2025.

Program 6.1.1 has not yet been implemented.

Program 6.1.2 Promote
Energy Efficiency and
Conservation
To promote the use of energy conservation
measures in all housing.

Make information available to
the public no later than
December 2025.

Information regarding the housing rehabilitation program is made available at City Hall and is periodically included in mailings to residents, however, there have been no homes assisted during the current planning period.

Program 6.1.3 Enforce Title
24 for Energy Efficiency and
Conservation for New
Construction
To enhance energy conservation and
sustainability.

As part of the building permit
application and review
process.

The City contracts with the Siskiyou County Building Department for plan review, permitting, and building inspection services. Program 6.1.3 is implemented on an on¬ going basis as part of the building permit application and review process.

Program 6.1.4 Apply Title 24
for Energy Efficiency and
Conservation for Housing
Rehabilitation
To enhance energy conservation and
sustainability. On a project-by-project basis. No housing has been rehabilitated during the current planning period with which to implement Program 6.1.4.

Program 7.1.1 Disseminate
Fair Housing Information and
Respond to Fair Housing
Complaints
To eliminate housing discrimination based
on race, color, religion, sex, national origin,
ancestry, marital status, age, household
composition or size, disability, or any other
arbitrary factor by removing constraints
within control of
the City.

At all times. Provide biennial
training, with the first training
by 12/31/24.

Notices are posted at City Hall. More postings are needed. There have been no instances of housing discrimination reported to the City during the current planning period. Trainings have not yet been scheduled.

Program 7.1.2
Implementation of the AFFH
Action Plan
To affirmatively further fair housing and
address significant disparities in housing
needs and access to opportunity, replace
segregated living patterns with truly
integrated and balanced living patterns,
transform areas of concentrated poverty into
areas of opportunity, and foster and
maintain compliance with civil rights and fairhousing laws for all persons in accordance with state and federal law.

At all times for the duration
planning period. Review
progress towards achieving
the desired outcomes of the
AFFH Action Plan as part of
the housing element annual
progress report. Make
adjustments as needed to
increase goal obtainment.

Conduct first AFFH progress
review in 2025.

Several of the specific actions from the AFFH Action Plan were adopted as individual programs, are listed above, and are in the process of being implemented. Progress toward their implementation is detailed above.

COMMUNITY DEVELOPMENT BLOCK GRANT

SISKIYOU COUNTY PROTEIN AND PRODUCE PROGRAM

MEMORANDUM OF UNDERSTANDING

BETWEEN
The County of Siskiyou, the Cities of Dorris, Dunsmuir, Etna, Fort Jones, Montague, Mt. Shasta, Tulelake, Weed, Yreka, and Great Northern Services for program management and implementation of a Community Services Program funded by the Community Development Block Grant program.

THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is made and entered into this day of , 2025 by and between The County of Siskiyou (hereinafter, "County"), the Cities of Dorris, Dunsmuir, Etna, Fort Jones, Montague, Mt. Shasta, Tulelake, Weed, and Yreka (hereinafter, "Cities") and the subrecipient, Great Northern Services (herinafter, "GNS").

The purpose of this MOU is to establish the terms and conditions under which the County will operate a Public Service Program, Siskiyou County Protein and Produce Program (hereinafter, "P&P"), funded by the Community Development Block Grant (hereinafter, "Grant"), administered by the State of California Department of Housing and Community Development (hereinafter, "HCD"). The P&P program will directly benefit Low to Moderate Income residents in Siskiyou County; to be administered and implemented by GNS.

WHEREAS, the California Department of Housing and Community Development has announced the availability of funds for Public Services for the 2024 Notice of Funding Availability; and WHEREAS, the County is an eligibile non-entitlement jurisdiction that is in compliance with existing HCD Program monitoring, award agreements, debarments, and Housing Element requirements; and WHEREAS, under the provision of said CDBG Grant application the County will be applying for a grant to provide fresh and frozen Protein & Produce to 11distributions sites throughout the County and Cities and serving qualified residents from the 9 Cities including those in the county in opposite months of GNS' USDA commodities distribution; and
WHEREAS, the County will be operating the program in the jurisdiction of the Cities; and WHEREAS, participating in this MOU is advantageous to the Cities in that provides food for low to moderate income individuals, families and households on a countywide basis; and WHEREAS, the County will be the sole applicant to apply for a Grant application for Public Services with GNS as the subrecipient; and
WHEREAS, there are no similar services provided in the County or Cities jurisdictions; and WHEREAS, the County, Cities and GNS desire to participate in this MOU. 1 NOW, THEREFORE, THE PARTIES MUTUALLY AGREE TO TERMS AND RESPONSIBILITIES AS FOLLOWS:

1. This MOU shall become effective upon the day and date last signed and executed by the duly authorized representatives of the Parties to this MOU and the governing bodies of the Parties' respective jurisdictions and shall remain in full force and effect for the period of an executed agreement between the County and HCD. Parties included in this MOU may withdraw or terminate their participation at any time during its term upon ninety (90) days written notice to all participating Parties and without severing or modifying the participation of the remaining Parties. Additionally, other jurisdictions within Siskiyou County, not originally included in this MOU, may be added prior to the submission deadline.

2. If awarded funds, Cities agree that GNS will administer and implement on behalf of the County the P&P program in their jurisdiction to assist Low to Moderate Income Individuals with fresh and frozen protein and produce in the opposite months of GNS' USDA commodities distribution.

3. If awarded funds, the Cities will not be financially responsible for or beholden to the standard agreement between the County and HCD.

4. The Cities agree to allow the County and GNS to conduct the P&P program in the Cities jurisdictions without hinderance or obligation to the Cities.

5. As the applicant, the County shall:
a. Agree to submit the Grant and will be the Grant recipient responsible to administer the Grant, be accountable to HCD for proper expenditure of the funds and will be the point of contact for MOU Parties.
b. Develop subrecipient agreement with GNS, the subrecipient, to prepare the application and conduct regular administration, management, and implementation of the Grant.

6. As a subrecipient, GNS shall:
a. Provide appropriate, qualified staff to implement and manage the work plan, who will incur the costs of salaries, benefits, use of equipment and expenses related to eligible activity delivery costs.
b. Purchase and deliver food for the P&P Program.
c. Lead program outreach, activity delivery, and beneficiary engagement. d. Coordinate P&P delivery locations and implement subrecipient agreements and MOUs with The Siskiyou Community Resource Centers and distribution sites. The preliminary distribution sites are:

Organization/ Jurisdiction/Areas Served HH Served per
Distribution Jurisdiction Distribution
Dorris Lions Club/
Dorris
Macdoel and other small communities in Butte Valley 100 Dunsmuir CRC/
Dunsmuir
Dunsmuir and outlying residential areas 100
2 Valley Oaks Senior Center Etna, Fort Jones, Greenview, Quartz Valley and Klamath 110 (Greenview)/ River communities, Salmon River, Cecilville, Horse Creek, County Somes Bar and Seiad Valley
Happy Camp Community Action Happy Camp, Klamath River communities, Salmon River, 40 Center/
County
Cecilville, Horse Creek, Somes Bar and Seiad Valley
Hornbrook Community Bible
Church/
County
Hornbrook and communities north and east of Yreka 70
McCloud American Legion
(McCloud CRC)/
County
McCloud and outlying residential areas 70
Montague Methodist Church/ Montague and other Shasta Valley towns, including 50 Montague Grenada, Gazelle, Shasta Valley communities
Mt. Shasta CRC/
Mt. Shasta
Mt. Shasta and outlying residential areas 100
TEACH/ Tulelake and surrounding communities in far eastern 125 Tulelake Siskiyou County
GNS/ Weed and the Shasta Valley communities to the north, 35 Weed including Grenada, Gazelle, Big Springs, Shasta Valley communities
Yreka CRC/ serving Yreka and outlying areas around Yreka, portions of 140 Yreka Klamath River communities and residents of Shasta Valley communities
Total HH Served per Distribution 940

7. This MOU may be amended only by mutual written agreement of all parties.

GENERAL PROVISIONS
A. Amendments. Either Party may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the Parties to this MOU shall be incorporated by written instrument, and effective when executed and signed by all Parties to this MOU.

B. Applicable Law. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction over any action arising out of this MOU and over the Parties, and the venue shall be Siskiyou County Superior Court in Siskiyou County, California.
3 C. Entirety of Agreement. This MOU represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations and agreements, whether written or oral.

D. Severability. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either Party may renegotiate the terms affected by the severance.

E. Sovereign Immunity. The County of Siskiyou, the Cities of Dorris, Dunsmuir, Etna, Fort Jones, Montague, Mt. Shasta, Tulelake, Weed, and Yreka and Great Northern Services and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU.

F. Third Party Beneficiary Rights. The Parties do not intend to create in any other individual or entity the status of a third-party beneficiary, and this MOU shall not be construed to create such status.

The rights, duties and obligations contained in this MOU shall operate only between the Parties to this MOU and shall incur solely to the benefit of the Parties to this MOU. The provisions of this MOU are intended only to assist the Parties in determining and performing their obligations under this MOU. The Parties to this MOU intend and expressly agree that only Parties signatory to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this MOU, or to bring an action for the breach of this MOU.

G. CDBG Program Terms and Conditions. The Parties agree that the County of Siskiyou will administer all funding and activities identified in this MOU in compliance with the Standard Agreement executed with HCD for said activities and funding. The Parties agree that the County of Siskiyou shall be the sole applicant and executor of the HCD's Standard Agreement. It is the responsibility of the Parties to this MOU to communicate and transfer performance and regulatory requirements to applicable Parties, including contractors and subrecipients. Failure to administer funds and or activities in accordance with HUD regulations, and the terms and conditions identified in the applicable Standard Agreement will result in performance penalties toward the County of Siskiyou, and may result in repayment of expended CDBG funds in the event that the costs were determined to be ineligible, or that the funds failed to meet a National Objective, as identified in title 42 of United States Code, Section 5301and title 24 of the Code of Federal Regulations section 570.483.

H. Insurance Requirements. "GNS" agrees to have and maintain the policies set forth in Exhibit A entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the "County" as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the "County". A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
4 IN WITNESS WHEREOF, the Parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein.

COUNTY OF SISKIYOU
BY: DATE:

Rick Dean, Director of Community Development

CITY OF DORRIS
BY: DATE:

Joanna Wynant, City Administrator

CITY OF DUNSMUIR
BY: DATE:

Dustin Rief, City Manager

CITY OF ETNA
BY: DATE:

Pam Eastlick, City Clerk

TOWN OF FORT JONES
BY: DATE:

Cherie Stephen, Town Administrator

CITY OF MONTAGUE
BY: DATE:

Dave Dunn, City Administrator
CITY OF MT. SHASTA
BY: DATE:

Todd Juhasz, City Manager

CITY OF WEED
BY: DATE:

Steven Baker, Interim City Manager
5 CITY OF TULELAKE
BY: DATE:

Jenny Coelho, City Administrator

CITY OF YREKA
BY: DATE:

Jason Ledbetter, City Manager

GREAT NORTHERN SERVICES
BY: DATE:

Marie-Josee Wells, Executive Director/CEO
6 A CITY OF MONTAGUE
S. 9th Street, Montague, CA 96064
(530) 459-3030

DIGGLE FIELD AGREEMENT

AND APPLICATION FOR USE FORM
Thank you for selecting the Montague Diggle Field for your event. To ensure that your event will go smoothly, the City requires that a walk-through of the premises be performed prior to the event and after the event. During the walk through, any questions regarding the operation of the premises will be explained and any special needs can be discussed with the City staff.

AGREEMENT AND CONDITIONS:
1) Applicant agrees that the Montague Diggle Field is rented in good condition, intact and in working order.

All applicants have the right to check the premises and make notations as to the conditions of the premises. All applicants are encouraged to do a walk through and inspection of the premises. Failure to do so, the applicant waives the right to any claims for damages which may have existed prior to the applicant’s use of the field. 2) Applicant agrees to leave the Montague Diggle Field in good condition. All items belonging to the City shall be put away or restored to original positions according to the City staff. Under no circumstances will City equipment be removed from the premises. The individual or organization granted use of the field will be held responsible for any loss or damage to the property caused by such use.
3) The applicant shall be responsible for maintaining of the premises and cleaning the buildings (i.e. snack shack) and grounds after such event. The applicant shall be responsible for replenishing all paper products (i.e. bathrooms) The applicant shall remove all belongings out of said buildings at the end of the event. ALL TRASH must be removed from the premises.
4) The City shall be solely responsible for the maintenance of the sprinkler system and control timers and the applicant shall not tamper with the system or controls. (Please provide the City Clerk’s office with a written schedule of the event timesto ensure watering does not interfere.) 5) The City shall mow the field as needed.
6) ABSOLUTELY NO MOTORIZED VEHICLES ALLOWED ON THE FIELD. 7) Applicant may bring additional equipment (their own private equipment) to the field to be used for their event.

However, all additional equipment must be described in this agreement; and must be removed when the event is over.
8) Any law enforcement official shall have the right to enter the premises at any time during the event. Any law enforcement official shall have the authority to declare the event closed; if in their opinion conditions warrant such action.
9) If alcoholic beverages are to be sold to the general public, a valid license and or permit must be obtained as required by State Law and the Bureau of Alcohol Beverage Control. A copy thereof must be presented to the City Clerk’s office at the time the rental agreement is signed. The City Clerk must authorize such use of the premises. 8) All keys must be returned to City Hall within 72 hours after the event has concluded. 9) A separate payment in the form of a personal check, cash, or money order is required for all deposits. No deposit shall be returned until the field has been inspected by a City staff member and the keys have been returned to City Hall. Deposits will be returned within two working days after that inspection. 10) INSURANCE REQUIREMENT:

The lessee agrees to provide and/or purchase liability insurance with an “A” rated insurance carrier and a minimum of $1,000,000.00 (1-Million Dollars), naming the “Montague Diggle Field” as an additional insured, regarding the event held on city premises;
A) The specific language on the “Certificate of Insurance” under the Additional Insured endorsement must state:
“The City of Montague, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of the rental of the facility located at 200 South 11th Street, Montague, including work or operations performed by or on behalf of the Renter and materials, parts, or equipment furnished in connection with such work or operations.” Also named as a Policy Holder.

B) “The specific language on the “Certificate of Insurance” under the Policy Holder the city also needs to be listed as a policy holder:

Additional Insured Policy Holder: “ Montague Diggle Field, South 9th Street, Montague, CA 96064” (* The city offers the required liability insurance for an addition cost, separate of the costs for the facility rental and deposits). Inquire at the City Clerk’s Office for insurance rates). 11) The lessee agrees to provide a legal defense and to indemnify and hold harmless and free from liability the City of Montague, its officers, agents, servants or employees while acting as such, from any and all claims for damages, demands, costs, or expenses which the lessee shall become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered by reason of any act, omission or negligence of the lessee, or arising from any accident or injury, in connection with or attributable to the operation, maintenance, use or occupation of the premises by lessee. 12) The lessee is responsible, or the applicant representing the lessee is responsible, agrees to pay any costs incurred in repairing or replacing damaged city equipment or facilities. 13) If applicant purports to be the representative of any group, he/she hereby affirms that he/she is empowered to bind said group to this agreement.
14) All items numbered above (1 thru 14) are incorporated as if read fully and constitute the entire RENTAL AGREEMENT AND APPLICATION FOR USE FORM.

APPLICANT: Date
CITY: Date:

Signature of Applicant / Lessee Print Name
Signature of City Employee

FACILITY USAGE
RENT NON REFUNDABLE $100.00 (electricity, water, sewer fees) DEPOSIT $275.00
A) Date of Application:

B) Name of Applicant/Lessee:

C) Address: City:

D) Phone Number:

E) Date of Event:

F) Type of Event:

G) Name of Sponsoring Organization:

H) Contact Person:

I) Clean Up Person:

J) Private Event: Yes No Open to Public: Yes No
K) Will Food be Served: Yes No Caterer: Yes No
L) Name of Caterer:

M) Will Alcohol be: Served Yes No / Sold Yes No
N) Will you be utilizing the Snack Shack Yes No
O) Will you be utilizing the lights and Score Board Yes No If you need to contact a City employee after hours: 530-598-1020.

RELEASE AND HOLD HARMLESS AGREEMENT

AND AGREEMENT NOT TO SUE
I, fully understand that my participation in the (hereinafter “event/class”) exposes me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in this event/class and agree to assume any such risks.

I hereby release, discharge and agree not to sue the CITY OF MONTAGUE and its officers, agents and employees for any injury, death or damage to or loss of personal property arising out of, or in connection with my participation in the event/class from whatever cause, including the active or passive negligence of the CITY OF MONTAGUE and its officers, agents and employees, or any other participants in the event/class.

In consideration for being permitted to participate in the event/class, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the CITY OF MONTAGUE and its officers, agents and employees from any and all claims, demands actions or suits arising out of or in connection with my participation in the event/class.

I HAVE CAREFULLY READ THIS RELEASE AND HOLD HARMLESS AGREEMENT

AND AGREEMENT NOT TO SUE THE CITY OF MONTAGUE AND ITS OFFICERS, AGENTS AND EMPLOYEES AND FULLY UNDERSTAND ITS CONTENTS.

I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND I AM SIGNING IT ON MY OWN FREE WILL.

DATE:

Signature Parent/Guardian if under age 18
MONTAGUE, City Council Staff Report
AGENDA ITEM VIII 7
Meeting Date: March 6, 2025
Subject: Consideration of March 2025 Water Rate Increase:

From: Dave Dunn, City Administrator
Introduction
The city had a water rate study done in 2020. They adopted it in February of 2021.

Every year at the February meeting council votes to adopt the next years rate increase that will go into effect on March 1.

Discussion/Analysis
These
Recommendation
That the City Council move to adopt the following motion:
“Approve the water and sewer rate increase schedule for March 2025” Attachments: Copy of water and sewer rate increase schedule Action Taken:
376469.1

WATER AND SEWER RATE INCREASE SCHEDULE
Current March
2021
March
2022
March
2023
March
2024
March
2025
Monthly Water Base Rate $45.55 $36.50 $37.38 $38.27 $39.19 $40.13 Water Maintenance Bond $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 MWCD $2.10 $2.85 $2.85 $2.85 $2.85 $2.85
Total Water Bills $52.65 $44.35 $45.23 $46.12 $47.04 $47.98 Consumption Rate Per
Thousand Gallons $2.86 $3.29 $3.78 $4.35 $5.00 $5.75
Monthly Sewer Charges $31.80 $34.98 $38.48 $42.33 $46.56 $51.21 Total Minimum Monthly Bill= $84.45 $79.33 $83.70 $88.45 $93.60 $99.20 NOTES:

1. Monthly sewer charge will increase by 10% each year.

2. The monthly water base rate will increase by 2.4% each year.

3. The consumption rate per thousand gallons will increase by 15% each year.

4. MWCD Fees: The MWCD pass-through fee will increase if fees are raised by the Montague Water Conservation District.

MONTAGUE
City Council Staff Report
Meeting Date: March 6, 2025
AGENDA ITEM VIII 8
Subject: Introduction and First Reading of an Ordinance Amending Title 2 "Administration And Personnel" to Clarify Duties of the City Administrator, City Clerk, City Attorney and Director Of Public Works, and Amendment of Section 2.32 "Personnel System"; and Discussion of Amendment to City of Montague Personnel Policy and Procedures and Employee Handbook.

Montague Personnel Policy and Procedures and Employee Handbook .

From: Dave Dunn, City Administrator
Andrew L. Jared, City Attorney
Introduction
The City Attorney was instructed by council to put together job duties of the city administrator, city clerk, and city attorney. These are presented in the proposed ordinance as amendments to Title 2 "Administration and Personnel" by adding Chapters describing the duties of City Administrator, City Clerk, and City Attorney. (Attachment 1). In the process of researching this it became apparent that the job description of the Director of Public Works was also required and this was added to Title 2 to certify those duties as well. Additionally, changes to Chapter 2.32 the Montague Municipal Code is required to address consistency with the job description and the personnel rules. The Montague Personnel Policy and Procedures and Employee Handbook ("personnel rules"; Attachment 2) are also presented with recommended changes to address the revised duties of the City Administrator.

The amendment of the Montague Municipal Code requires three affirmative votes. It requires a first reading, then a second reading and adoption at a regular council meeting at least 5 days after the introduction. If approved in its current form, or if adopted as amended at this meeting, the ordinance would be ready for second reading and approval at the March 6, 2025 Council Meeting. The ordinance would become effective 30 days thereafter. 388261.1
Amendment of Title 2 "Administration and Personnel" of the Montague Municipal Code February 6, 2025

Page 2 ends

The amendment of the personnel rules requires action by the City Council by resolution.

Three affirmative votes are required for its passage. This is not presented at this meeting for approval but for direction to staff on the content and to proceed to properly notice and circulate. Pursuant to MMC section 2.32.040, any amendment of the personnel rules requires public notice for at least 5 days and circulation for a reasonable period of time to the employee labor groups. Upon Council direction, the proposed changes will be noticed according to the code and will be circulated to the employee group. Adoption of the new policy will be by resolution presented at the March 6, 2025 council meeting, along with the second reading of the ordinance amending the
Municipal Code relating to these topics.

Discussion/Analysis
The City Council provided direction to codify the duties of the City Administrator. Several of the duties that have been assigned to the position of City Clerk in the City of Montague are duties that typically are performed by a city manager or city administrator.

Under the city administrator for of government in California, only those duties assigned by the city council can be undertaken. Typically those duties are assigned in an employment contract, by resolution, in a job description, or by city code. Likewise, the job description of City Clerk in Montague have many duties that typically are not done by the City Clerk and which recently have been performed by the City Administrator or others. The duties of the City Attorney are often addressed in municipal codes as well as the contract for services. Adding a code section to clarify the role of the City Attorney is recommended. Finally, due to the enhanced duties of the dual role of City
Administrator being performed by the Public Works Director, the job description of Director of Public Works is also recommended to be added.

The changes to the code relating to the duties of the City Administrator and to the personnel rules also address the hierarchy of duties in regard to hiring, management, and discipline of employees. The rules and code are being amended to clarify that the City Administrator is the personnel officer with authority to manage all employees, with the exception of the ability to discipline the City Clerk and the City Attorney. Any decision of the City Administrator regarding discipline is appealable to the City Council. 388261.1
Amendment of Title 2 "Administration and Personnel" of the Montague Municipal Code March 6, 2025

Page 2 ends

Any decision to terminate department heads must receive consent from the City Council.

The amendments to the personnel rules address necessary changes to address these issues. The amendments also address issues that are outdated due to changes in the employee MOL), such as vacation benefits, and clerical/typographic errors.

The changes to the personnel rules would take effect immediately after approval by the Council after notice and adoption at the next council meeting (i.e., will be effective March 7, 2025) unless the council delays the effective date to coincide with the effective date of the changes to the Municipal Code (i.e., April 5, 2025).

Recommendation
1Waive a full reading of the proposed ordinance amending the Montague Municipal Code concerning changes to Title 2 "Administration and Personnel", and read the title of the Ordinance only;

2. Introduce for first reading said ordinance concerning changes to Title 2 "Administration and Personnel"; and

3. Review and provide direction to staff on changes proposed to the Montague Employee Personnel Policies and Procedures and Employee Handbook, and direct the City Clerk to provide appropriate notice to the affected employee group.

Attachments:

1. [Proposed] Ordinance Amending Title 2 of the Montague Municipal Code

2. [Proposed Amendment to] City of Montague Personnel Policy and Procedures and Employee Handbook (Redline version)

3. Current Employee MOU

4. City Clerk Job Description (May 6, 2018)
Action Taken:
388261.1
CHAPTER 2.08_

CITY OFFICERS GENERALLY

2.08.010 Elective officers—Duties.

The duties of the elective officers of the city shall be such as are prescribed by the laws of the state for such officers. Before any elected officer receives payment for the performance of the duties of his or her office, each officer must take and file with the City Clerk the oath of office prescribed by Government Code Section 36507. The oath of office may be taken before any officer authorized to administer oaths. It must be certified by such officer and filed in the office of the City Clerk.
(Ord. 56 § 1, 1939)

2.08.020 Appointive officers—Duties.

The duties of the appointive officers of the city shall be such as are prescribed by the laws of the state and by resolution of the city council. Before any appointed officer receives payment for the performance of the duties of his or her office, each officer must take and file with the City Clerk the oath of office prescribed by Government Code Section 36507.

The oath of office may be taken before any officer authorized to administer oaths. It must be certified by such officer and filed in the office of the City Clerk. (Ord. 56 § 2, 1939)

2.08.030 Appointive officers and employees—Wages and salaries.

The salaries and wages to be paid to the appointive officers and employees of the city shall be such as may be from time to time fixed by the city council by resolution. (Ord. 55 § 2, 1939)
CHAPTER 2.09

CITY ADMINISTRATOR
§ 2.09.010 City Administrator— Office established.

There is established the office of City Administrator. The City Administrator shall be appointed by the Council on the basis of administrative and executive abilities and serve at the pleasure of the Council.
§ 2.09.020 City Administrator— Residence.

Residence in the City shall not be required as a condition of the appointment of the City Administrator.
§ 2.09.030 City Administrator— Administrative responsibilities.

A. Authority. The City Administrator shall be the administrative head of the government of the City, under the direction and control of the Council. The City Administrator shall be responsible for the efficient administration of all the affairs of the City, which affairs are under his or her control.

B. The City Administrator shall:

1. Appoint competent, qualified officers and employees to the administrative service (which term isinclusive of all positions excepting the City Attorney, and City Clerk-) and to evaluate job performance, dismiss, suspend and discipline such officers and employees in accordance with such policies as may from time to time be set forth by the Council;

2. Transfer employees from one department to another consistent with the policies of the Council;

3. Recommend to the Council such reorganization of officers, departments or divisions as may be indicated in the interests of the efficient, effective and economical conduct of the City’s business, and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the Council; The appointment of department head positions hereafter created shall be subject to ratification by the City Council at its next regular meeting. No person filling a department head position shall be dismissed without the City Administrator giving prior notice to the City Council.

C. Law Enforcement. The City Administrator shall enforce all laws and ordinances of the City and see that all franchises, contracts, permits, and privileges granted by the Council are faithfully observed.

D. Ordinances. The City Administrator shall recommend to the Council for adoption such ordinances and resolutions as the City Administrator deems necessary.

E. Attendance at Council Meetings. The City Administrator shall attend all Council meetings unless excused by the Mayor.

F. Agenda Preparation. The City Administratorshall be responsible for the preparation of the agenda and supporting materials. The City Clerk shall be responsible for distribution of agenda materials and posting of all required notices.

G. Financial Reports. The City Administrator shall keep the Council fully advised as to the financial condition and needs of the City.

H. Budget. The City Administrator shall prepare and submit the proposed annual budget to the Council for its approval.

I. Expenditure Control and Purchasing. Supervise and direct the administration of purchasing. No expenditures shall be submitted or recommended to the Council except on approval of the City Administrator in accordance with the City’s purchasing ordinance.

J. Investigations. The City Administrator shall investigate into the affairs of the City and its departments or divisions, and any contracts or obligations of the City.

Further, the City Administrator shall investigate all complaints concerning the administration of the City government and in regard to the service maintained by public utilities in the City.

K. Public Buildings. The City Administrator shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City.

L. Additional Duties. The City Administrator shall perform such other duties and exercise such other powers as may be delegated to the City Administrator from time to time by ordinance or resolution or other official action of the Council.

M. Personnel Director. Until a separate position is created and an appointment is made, the City Administrator shall perform all duties that would otherwise be performed by a Personnel Director or Chief Personnel Officer.

N. Contracts. The City Administrator is authorized to execute in the name of the City any contract authorized or approved by the Council unless the Council expressly provides for another manner of execution of such contract. § 2.09.040 City Administrator-- Administrative relations.

A. The Council and its members shall deal with the administrative services of the City through the City Administrator, except for the purpose of inquiry to other departments for informational background. Any department head under the supervision of the City Administrator will receive Council direction regarding his or her department from the City Administrator. The City Administrator will receive his or her direction and instructions from the Council as a body. An individual Councilperson does not have the authority to order or instruct the City Administrator without prior approval of the Council. The City Administrator shall not establish general policy which is the province of the Council to determine, nor shall he or she commit or bind the Council, or any member thereof, to any action, plan or program requiring official Council action. It is not intended by the provisions of this chapter to grant any authority to, or impose any duty upon, the City Administrator, which is now, or hereafter may be vested in or imposed by general State law on any other City commission, department, officer or employee.

B. All subordinate departments shall report to and assist the City Administrator in administering the affairs of the City efficiently, economically and harmoniously.

C. The City Administrator may attend any and all meetings of any commissions, boards, or committees created by the Council, upon the City Administrator’s own volition or upon direction of the Council. At such meetings which the City Administrator attends, the City Administrator shall be heard by such commissions, boards, or committees as to all matters upon which the City Administrator wishes to address the members, and the City Administrator may inform those members as to the status of any matter being considered by the Council. The City Administrator shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the Council.
§ 2.09.050 City Administrator-- Removal and Termination Procedures.

A. Removal. Removal shall be the release of the duties of City Administrator where the employee serves other duties as a Department Head or other paid position within the City which at time of assignment as City Administrator was at least 32 hours per week. The removal of the City Administrator shall be only by a vote of at least three members of the Council at a regular meeting or special meeting of the Council called for such purpose. Written notice of removal as City Administrator is not required.

A City Administrator employed with the City as a Department Head or other paid position within the City may be removed from office at any time, including within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the Council is elected.

Upon removal as City Administrator, the employee shall resume the full scope of their regular City employment.

B. Termination. The termination of the City Administrator shall be only by a vote of at least three members of the Council at a regular meeting or special meeting of the Council called for such purpose. Termination from the City from all positions at the City may occur based on these procedures.

In case of his or her intended termination by the Council, the City Administrator shall be furnished with a written notice stating the Council’s intention to remove him or her at least 30 days before the effective date of the removal, unless the parties agree in writing otherwise, or extraordinary circumstances obtain, in which case the Council may dispense with any written notice.

After furnishing the City Administrator with a written notice of intended termination, the Council may suspend the City Administrator from duty, but compensation shall continue until removal by action of the Council unless the cause of suspension is an act of moral turpitude, in which case no compensation shall be paid.

In terminating the City Administrator, the Council may use its uncontrolled discretion.

The removal or termination action shall be final and need not depend upon any showing of cause whatsoever.

The City Administrator shall not be terminated from office during or within a period of 90 days next succeeding 1) any general municipal election held in the City at which election a member of the Council is elected, or 2) appointment of any new member of to the City Council, unless the cause of termination is an act of moral turpitude. The purpose of this provision is to allow any newly-elected member of the Council or a reorganized Council to observe the actions and ability of the City Administrator in the performance of the powers and duties of his or her office. After the expiration of such 90-day period, the provisions of this section on the termination of the City Administrator shall be applicable.
§ 2.09.060 City' Administrator-- Agreements on employment.

Nothing in this chapter shall be construed as a limitation of the power or authority of the Council to enter into any supplemental agreement with the City Administrator delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.
§ 2.09.070 City Administrator—Acting City Administrator.

The City Administrator shall have the power to designate a qualified City officer or employee to exercise the powers and perform the duties of City Administrator during any temporary absence or disability. Written notice of the designated Acting City Administrator shall be filed with the City Clerk. If the City Administrator is absent or disabled for more than 30 days, the Council may appoint an Acting City Administrator.

CHAPTER 2.10

CITY CLERK
$ 2.10.010 Office.

There is established the office of City Clerk. The City Clerk shall be in the competitive service of the City subject to all the rules and policies as established by the Council, including the Personnel Rules and all applicable Memoranda of Understanding. § 2.10.020 Duties at Council meetings.

The City Clerk shall attend all meetings of the Council. The City Clerk shall keep a full, true, and correct record of all proceedings of the Council. The City Clerk shall present such record of proceedings as minutesto the Council for approval within 30 days of each meeting.
§ 2.10.030 Duh' to keep records and files.

The City Clerk shall be the City’s custodian of records. The City Clerk shall keep the following records and files:

A. A copy of every City ordinance in a book marked “Ordinances.” B. A file of all official bonds.

C. A record or file of all books, reports, and documents which may be required by law or this code to be recorded or filed.

The City Clerk is responsible for the compliance by the City of all records retention laws, and compliance with the California Public Records Act.
§ 2.10.040 Duty to cause publication.

The City Clerk shall be responsible for and cause to be published in a newspaper of general circulation within the City, orsuch other means as allowed by law, all ordinances and all notices and other writingsrequired to be published by law, this code, or ordered published by the Council.
§ 2.10.050 Duty to post notices.

The City Clerk shall post all notices required to be posted by law, this code or ordered published by the Council, unless it is specifically otherwise provided by law or this code that it shall be the duty of another officer to post such notices. § 2.10.060 Sealing, authentication of documents.

The City Clerk shall keep the seal of the City and authenticate his or hersignature and seal all ordinances, and when directed to do so by law or this code or the City Administrator, the Clerk shall authenticate bonds, contracts, and any other documents. § 2.10.070 Upkeep of code.

The City Clerk shall keep this code up to date. More specifically, the City Clerk shall:

A. List chronologically all ordinances of the City, specifying the subject matter of each.

B. At least semiannually, cause all amendments to this code to be printed in loose-leaf form and insert such amendments and remove replaced and amended portions of this code from all copies and portion of copies in use by City officials, and shall have enough amendments printed to make a supply available to members of the public who desire to purchase them.

C. Submitted to the electronic publisher of the code all ordinances within 30 days of effective date.

D. Post in a prominent place on the City website a list of recently passed ordinances. $ 2.10.080 Deputy City Clerk.

The City Clerk shall appoint deputies only with the prior approval of the City Administrator. Any such deputy shall hold office at the pleasure of the City Administrator and receive such compensation as is provided by the City Council. § 2.10.090 Additional Duties of the City Clerk.

The City Clerk shall be responsible for performing the following tasks:

A. Plan, supervise and make City income and expenditure accounting and financial record keeping; to make revenue and expenditure estimates, preparation and oversight of the annual city budget; to audit City expenditures and warrants to obtain budget control; to prepare reports of city financial condition; and to do related work as required.

B. Ensure compliance by the City and its officials, personnel and bodies with a. the Political Reform Act,
b. the Brown Act,
c. the Public Records Act,
d. California elections laws, and
e. Fair Political Practices Commission reporting requirements.

C. Supervises the maintenance of City financial records including income and expenditure, departmental budget, and special assessment records; supervises the collection of utility charges, license fees, and other revenues; the preparation of payroll, related reports and the preparation of warrants for payment; reconciles various revenue and expenditures, and current city financial position; audits department expenditures to insure they are within budget appropriation; audits and approves payments of bills and warrants; complies income and expenditure estimates and prepares the annual budget; prepares a variety of financial and statistical reports such as the State Controller’s Street Report showing expenditures for street maintenance and construction projects, contract administration, grant management, risk management; resolves complaints from the public concerning the finance department operations and performs planning/building duties as required, completing various confidential personnel and human resources functions, public information, and general administrative assignments.

D. Serve as secretary to the Mayor and City Council, receives and responds to correspondence regarding council meetings; prepares agendas, legislative actions and proceedings
and supporting documents and materials assuring compliance with open meetings and Fair Political Practices laws and procedures, coordinating municipal election functions, prepares chambers; records and drafts the minutes; prepares, processes, records, files, post and/or publishes ordinance and resolutions; maintains city code book; advertises public hearings, notices, employment opportunities, contract bids and the maintenance of said records and documents; receives and responds to citizen complaints, inquiries and requests; maintains custody of City seal; executed, attests or certifies to official documents.

E. Duties as required by pertinent City ordinances and government codes.

F. Provide a monthly staff report at the City Council meeting.

G. Supervising the clerical staff and prioritizing direction of workload for proper management of City Clerk’s office.

H. Manage bank deposits, bank reconciliations, transfers, and inventories for City Clerk’s office.

I. Such other duties as assigned by the City Council.

CHAPTER2.il

CITY ATTORNEY
§2.11.010 Office.

There is established the Office of City Attorney. The Council shall appoint the City Attorney, who may appoint deputies or assistants as deemed advisable. §2.11,020 Duties.

The City Attorney shall perform such duties as may be prescribed by the Council and as proscribed by law and this code.
§ 2.11.020 Review of ordinances, resolutions and contracts.

The City Attorney is responsible for review of all ordinances, resolutions, contracts, and other City documents as to form.
§ 2.1 1 .030 Special counsel.

In order to address the needs of adequate representation of the City, the City Attorney, as well as the Council, may appoint special counsel to represent the City. The scope of such duties and rates for such services shall be prescribed through agreement with the City.

CHAPTER 2.

DIRECTOR OF PUBLIC WORKS
§2._ Office.

There is established the office of the Director of Public Works. The Director of Public Works shall be appointed by the City Administrator and shall serve at the pleasure of the City Administrator.
(Ord. _)
§2. Duties.

The duties of the Director of Public Works shall be as follows:

A. The Director of Public Works shall be responsible for the planning, design, construction, maintenance, repair and improvement of all the City’s public works. “Public works” includes, without limitation, all parts of the City’s water system, sewage system, drainage structures, streets and sidewalks, all land, buildings, and other improvements owned by the City and all equipment used by the City in repair, maintenance, and construction of public works.

B. The Director of Public Works shall prepare the capital improvement program and shall review capital project budget requests.

C. The Director of Public Works shall maintain all public structures owned or operated by the City, and shall establish and manage a maintenance program, including janitorial and security services, for the upkeep of all public structures owned or operated by the City.

D. The Director of Public Works shall coordinate the needs of the City departments in their requests for motorized equipment, actively supervise a preventative maintenance program for city owned motorized equipment, keep the operating records of all motorized equipment used or operated by the City, and monitor the use of pool cars.

E. The Director of Public Works shall direct and supervise the work of the City Engineer.

F. The Director of Public Works shall carry out any other duties outlined in a contract for employment or job description issued by the City or directed by the Council. (Ord. _)
ATTACHMENT 2 I
*

MONTAGUE
A

CITY OF MONTAGUE

PERSONNEL

POLICY AND PROCEDURES
and

EMPLOYEE HANDBOOK
Approved by:

Revised 2/06/202508/48/202^1
386260 1
Table of Contents
THE CITY GOVERNMENT 5
WELCOME ABOARD 5
CITY OF MONTAGUE 6
PUBLIC SERVICE POLICY 6
INTRODUCTION 7
DEFINITIONS 8
POLICY 1 109
PURPOSE AND GENERAL PROVISIONS 109
POLICY 2 1240
COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT 1240 POLICY 3 1442
EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION 4442
POLICY 4 1442
APPOINTMENTS AND PROMOTIONS 1442
POLICY 5 1644
EMPLOYMENT LISTS 1644
POLICY 6 1644
PHYSICAL EXAMINATION 1644
POLICY? 15
PROBATION 1845
POLICY 8 1840
DUAL EMPLOYMENT 1840
POLICY 9 1940
EMPLOYMENT OF RELATIVES 1940
POLICY 10 1947
PROHIBITION OF HARASSMENT, RETALIATION AND ABUSIVE CONDUCT 17 POLICY 11 2048
PERFORMANCE APPRAISAL 2048
POLICY 12 2249
HEALTH AND SAFETY 2249
POLICY 13 2249
CLASSIFICATION 2249
POLICY 14 2220
COMPENSATION 2220
POLICY 15 2320

Page 2 ends

APPROPRIATE SALARY
. ........... 232
>
POLICY 16 242
,
HOURS OF WORK AND PAY DAY 242
POLICY 17 272-
1 OVERTIME/CTO PAY 272
1 POLICY 18 2§2
1 PAYROLL DEDUCTIONS 282
i
POLICY 19 2921
WAGE GARNISHMENTS 292
1 POLICY 20
— .. 292
>
HOLIDAYS 2921
POLICY 21 302’
VACATIONS 302 '
POLICY 22 312
SICK LEAVE 312
I
POLICY 23 ... 332)
MEDICAL LEAVE 332
I
POLICY 24 353
-
LEAVE WITHOUT PAY 353
POLICY 25 353
1 BEREAVEMENT LEAVE 353
1 POLICY 26 363
1 MILITARY LEAVE 363
1 POLICY 27
_ 373
1 JURY AND WITNESS DUTY LEAVE 373
1 POLICY 28 373
I
OTHER BENEFITS 373
1 POLICY 29
. 383
I
DRUG-FREE WORKPLACE 383
i
EMPLOYEE ASSISTANCE PROGRAM 383
i
POLICY 30 403
1 LAYOFF AND REEMPLOYMENT 433
t
POLICY 31 413
1 REINSTATEMENT 413
1 POLICY 32
-
423
I

ELECTRONICS
& CELLULAR DEVICES 39
POLICY 33 423|
388260,1 Page
3 RETIREMENT 4230
POLICY 34 39
GROUNDS FOR DISCIPLINARY ACTION 4239
POLICY 35 4744
GRIEVANCE PROCEDURES 4744
POLICY 36 4845
EMPLOYEE and VOLUNTEER/NON EMPLOYEE 4846
DRIVING STANDARDS 4845
POLICY 37 4946
USE OF PRIVATE VEHICLES ON CITY BUSINESS 4946
POLICY 38 . 45
TRAVEL/TRAINING AND EXPENSE 45
POLICY 39 5350
PERSONAL PROPERTY DAMAGE AND CITY PROPERTY USE 5350
POLICY 40 5350
SELLING ON THE PREMISES 5350
POLICY 41 5450
GIFTS AND GRATUITIES 5450
POLICY 42 50
POLITICAL ACTIVITY 5454
POLICY 43 50
CIVIL DEFENSE/DISASTER RELIEF „ 5454
POLICY 44
REFER TO COVID-19 ECP Exposure Control and Disease Preparedness Response Plan ask City Clerk or Supervisor for copy 52

Page 4 ends

EMPLOYEE HANDBOOK

THE CITY GOVERNMENT
Citizens elect five City Council members to staggered four-year terms.

The Council, in turn, elects a Mayor and a Mayor Pro Tern from its own membership.

The mayor serves a two-year term, presides at Council meetings, and has one vote - the same as other members.

The Council establishes policy and determines the types and levels of service the City will provide. It is assisted in its policy making functions by citizen advisory commissions and committees.

WELCOME ABOARD
Welcome to the City of Montague You have just joined a staff of dedicated employees whose goal is to provide a wide range of vital services, efficiently, and courteously, to all our citizens. In this team effort, City employees, are guided by the following principles of the Public Service Policy Montague has a long and proud history. Its citizens are active and involved in the operations of the City and its Government The result is a great community in which to live and work.

Good Luck in your job! We are glad to have you!
380260 1 Page 5

CITY OF MONTAGUE

PUBLIC SERVICE POLICY
This Public Service Policy applies to all City Departments and the City Council.

Montague has a long and proud history. Its citizens are active and involved in the operations of the City and its government. Our goal as the City government is to provide a wide range of vital services, efficiently and courteously, to all our citizens. This is a team effort, and all City employees are guided by the following principles:

The people of Montague are our first priority. This organization was created to serve them and without them it would not exist. They have the right to respect, safety, appropriate assistance, honesty, and competency, regardless of age, ancestry, color, creed, disability, marital status, national origin, presence of children, race, gender or sexual orientation.

Each citizen shall be treated with courtesy and respect. City employees shall listen, ask for clarification if necessary, and respond knowledgeably and completely and/or make the effort to direct the person to the appropriate City department or outside agency. If approached by a resident while on duty in the field, City employees shall treat the citizen with courtesy and respect and respond appropriately.

The keys to our success as a city government that is responsive to the needs of our citizens are the talent, honesty and professionalism of City employees. Personal initiative is part of the response to our citizens. Every City job is important and each one of us is responsible for the success of the entire organization.

Every City employee shall treat citizens the way he or she would like to be treated, to deal with each decision with empathy and understanding, and listen carefully to the needs and requirements of individual citizens. Citizens have the right to appeal any decision of the City government to the Montague City Council, the governing body of the City.

City employees are not expected to put themselves at risk during an interaction with a citizen of Montague. Employees may terminate a conversation with a citizen who demonstrates threatening, aggressive or inappropriate behavior or language. On rare occasions, employees may need to contact the Sheriffs Office when the threatening, aggressive or inappropriate behavior continues. Employees must attempt to be accompanied by another employee or a sheriff’s deputy before entering a citizens residence/dwelling.

Page 6 ends

INTRODUCTION
This handbook summarizes the major employee benefits, services, and employment policies of the City of Montague. This handbook is not a contract, expressed or implied, guaranteeing employment for any specific duration. Employees are responsible for becoming familiar with its contents so that they will have a basic understanding of the City of Montague's programs and policies.

Many departments have additional policies and procedures which are necessary for their internal operations. It will be the responsibility of the supervisor to familiarize employees with those pertinent to their department.

This handbook is based upon federal and state law, City ordinances, resolutions or administrative policies. It summarizes those source documents. The City reserves the right to amend, supplement, or rescind any provisions of this handbook.

In addition to the specific areas covered in this handbook, it is important that employees adhere to generally accepted standards of personal and business conduct. The City of Montague is here to serve its citizens and we must all remember that the public, our supervisors, and fellow workers judge us, in large part, on basic qualities, such as courtesy, integrity and reliability. 388260 1 Page 7

DEFINITIONS
Employee: When used alone shall mean personnel of the City of Montague collectively and a section reading "employee" shall refer to all classifications.

Department Head: Refers to the administrative head of a division of the City's operating departments Administrator Department, Office of the City Clerk. Fire Department, and Public Works Department.

The City Treasurer, Code Enforcement Officer and Animal Control Officer are administratively assigned to the Administration Department and shall report to the City Administrator
Thedepartmentsrefer-to:

City Clerk
IPirn«1 V l!x»>
PliHiic R QlmorMicnr » UUttKJ V T IvVf '
GodeEnforcement Officer
Anirnal Officer rmhittot wvt itivzt vinuvi
Appointed Officers: Appointed officers of the City of Montague shall be:

City Attorney
City Treasurer
City Clerk
Public Works SupervisorDirector
City Administrator
Fire Chief
Code Enforcement Officer
Animal Control Officer
Permanent Employee: An employee who has successfully completed the probationary period and has been retained as hereafter provided in this manual Supervisor: Unless otherwise stated, supervisor shall be the Department Head for the department to which the employee is primarily assigned The supervisor for the following employees shall be as follows.

POSITION SUPERVISOR
City Administrator
City Clerk
City Council
City Council

Page 8 ends

City Treasurer
Fire Chief
Public Works Supervisor
Code Enforcement Officer
Animal Control Officer
Citv Administrator
City Administrator
City Administrator
City Administrator
City Administrator
388260.1 Page 9
POLICY 1

PURPOSE AND GENERAL PROVISIONS

1.0 The objective of these policies is to facilitate effective and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government.

1.1 These policies set forth those procedures which ensure similar treatment for those who compete for employment and promotion, and define the obligations, right and privileges of employee in the service to the City.

1.2 Employees are responsible for respecting the rights of the co-workers.

Administration. The City Administrator is responsible for implementing, administering, and ensuring compliance with the provisions of this Handbook. In the event any provision of this Handbook needs clarification, the City Administrator may issue administrative instructions clarifying the intent of said provisions as adopted by the City Council The City Administrator may develop and issue procedures, consistent with this Handbook, to facilitate the implementation If there is any conflict between this Handbook and any section of the Montague Municipal Code or any Ordinance adopted by the City Council, the provisions contained in the Montague Municipal Code or Ordinance adopted by the City Council shall take precedence. If there is any conflict between this Handbook and any department rules and policies, this Handbook shall take precedence If there is any conflict between this Handbook and any Memorandum of Understanding between the Citv and a recognized employee association, the provisions contained in the Memorandum of Understanding shall take precedence.

The City Administrator may not serve as the President of the employee association Delegation of Responsibility. The City Administrator may, at his or her discretion, delegate the responsibilities assigned in this Handbook, as he or she may deem appropriate and necessary.

1.3 It is hereby the declared Personnel Policy of the City of Montague that:

1.3.1 Appointments, promotions and other actions shall be based on merit, tests and/or fitness evaluations.

1.3.2 Continued employment shall be subject to good standards of conduct satisfactory work performance, necessity for the performance of the work and the availability of funds.

1.3.3 All personal benefits listed herein are applicable to Department Heads except as limited or prohibited by this manual or State Law.

Page 10 ends

1.3.4 Any action concerning an employee's status of employment shall be processed on a Personnel Action form. All employees shall receive a true copy of any personnel action taken concerning their status of employment. The Personnel Action form shall be effective upon signature of the Department Head and, the City Administrator and-may-reguire-the approval c f the City-Council. If the City Administrator is the subject of the action, form shall be effectiv s upon signature of the Mayor

1.3.5 If any section, subsection, clause or phrase of these policies is found to be illegal, such findings shall not affect the validity of the remaining portions of these policies.

1.3.6 Before amending this Policy Manual, the City Administrator Qty Council shall give te(i (10) days' notice to recognized employee organizations. 388260 1 Page 11
POLICY 2

COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL
ACT

2.0 The City is required by federal law to employ only people who can establish that they are authorized to work in the United States. The City’s responsibilities include the following:

2.0.1 Not knowingly hiring unauthorized aliens or maintaining them as employees once their employment eligibility expires.

2.0.2 Verifying the identity and employment eligibility of all employees hired after November 6, 1986.

2.0.3 Not discriminating against any applicant or employee because of the applicant’s citizenship or national origin, or on based on the individual’s membership in any protected group or class.

2.0.4 Not requesting more or different documents as evidence of identity or employment eligibility than are required by the United States Citizenship and Immigration Services. (USCIS)

2.0.5 Not refusing to accept documents presented by applicants or employees to establish their identity or employment eligibility which on their face appear to be genuine.

2.0.6 Ensuring that applicants and employees are not intimidated or retaliated against for exercising their right protected by the IRCA.

2.1 All newly hired employees (and all employees hired after November 6, 1986) must complete and sign the form I-9 when they start work. The Form I-9 establishes the employee’s identity and employment eligibility. The procedure for completing the Form I-9 is as follows:

2.1.1 After the employee accepts a job offer, and on or prior to their starting date, the employee must complete the Form I-9.

2.1.2 The Form I-9 and corresponding instructions are to be given to the employee for completion. The only I-9 forms to be used are those dated November 21, 1991, or later. Copies may be obtained from the City Clerk.

2.1.3 When the employee completes the Form I-9 he or she must present either one document from List A on the I-9 (documents that establish both identity and employment eligibility) or on document from both List B (documents that establish employment eligibility) unless the employee has evidence that he or she is trying to obtain these documents.

Page 12 ends

Special Notes on Social Security Cards
Social Security cards that state they are not valid for employment will not be accepted. Also, if an applicant presents a card marked "Valid or Work Only with USCIS Authorization”, he or she will be asked to show such work authorization.

2.1.4 The City is required to verify that the entire Form I-9 is completed correctly within three days of hire. This includes reviewing the documents to ensure that they appear genuine.

Copies of all documents presented should be attached to the I-9.

2.1.5 The I-9 must be signed by the authorized City representative who reviewed the documents to attest that it has been completed correctly, and that the documents presented appear genuine.

2.1.6 Forms I-9 and copies of all documents submitted by applicants should be placed in a separate file in the City Hall but not in the employee's personnel file. This is for ease of inspection by USICS auditors, or auditors from the Department of Labor’s Office of Contract Compliance Programs or Wage and Hour Division.

2.2 No employee will be permitted to begin working unless he or she possess either the documents necessary to satisfy the Form I-9 requirements or evidence that he or she is attempting to obtain the documents.

2.3 The employee attempting to obtain the documents will be given ninety (90) days from the date employment begins to produce the required documents. At the end of this ninety (90) day grace period, the employee will be terminated if the documents required are not produced.

2.4 If an individual lacks the necessary documents at the time of hire and cannot present documentation reflecting an effort to obtain them, he or she will be terminated immediately.

2.5 An employee who submits employment eligibility documentation that is to expire shortly (less than 120 days after hire) will not be refused employment solely on that basis; however, the employee should be advised to have they or work authorization extended, because he or she must be terminated when it expires.

2.6 If it is discovered that a current employee has not completed the Form I-9 or has not supplied the necessary documents, the employee will be given thirty days to comply or will be terminated. 386260 1 Page 13
POLICY 3

EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION

3.0 The City is committed to prohibiting discrimination in employment based on race, color, sex, sexual orientation, age, religion, national origin, handicap or disability status, medical condition, or marital status. The Affirmative Action Program is designed to ensure adequate employment opportunities for all, including but not limited to employee selection, promotion, training, and development, compensation, leaves of absence, termination, and disciplinary action.

3.1 While the City does not use or advocate quotas, it is committed to an annual review of the status and proportion of minority employees in relation to countrywide averages, and the composition of the local labor force.

3.2 The City Administrator has the primary responsibility for staying abreast of federal, state, and local EEO regulations and guidelines, informing the proper city officials of changes and trends, and developing fair employment programs at all levels. The City Administrator reports to the City Council.

3.3 Any employee who raises a fair employment question with their supervisor will be referred to the City Administrator City Attorney-andfinally-tothe City Council for a oromot answer per Policy 10 of this Handbook.

3.4 Each supervisor is responsible for the employment of EEO and AA policies and practices. Any complaints or charges of discrimination made by employees to their supervisors should be referred immediately to the City Administrator per Policy 10 of this Handbookand then to theCrtyAttorneyand finally tn Ihn C^nunnil rtTTaTIT IVz If TV7 y XZXzvII IViIf.

3.5 Supervisors are responsible for being aware of current legal regulatory developments in this area.

POLICY 4

APPOINTMENTS AND PROMOTIONS

4.0 Job openings will be posted to locate and hire or promote qualified individuals to fill said openings and to ensure that qualified and interested employees have the opportunity to apply for the job. Postings will be in accordance with Policy 2.

4.1 Appointments to vacant positions shall be based on merit and fitness as determined by competitive examinations and/or evaluations. (Policy 11) Minimum standards of employment for each job class shall be recommended by the appropriate Department Head and approved by the City CounoilAdministrator.

Page 14 ends

4.2 Vacancies in positions above the entrance level may be filled by promotion whenever one or more qualified candidates are available with the concurrence of the City Council. Promotions shall be on a competitive basis unless when the appropriate Department Head finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidate’s qualifications and record of performance.

4.2.1 Advancement to a job class which is compensated at a higher rate shall constitute a promotion, based on the wage scale on file. The employee shall be given a new position anniversary date for merit review in accordance with the provisions of this policy.

4.3 Any Department Head who has a vacant position in their department because of termination, promotion, or because of a new position being authorized by the City Council shall initiate recruitment and selection procedures.

4.4 Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed.

4.5 Candidates who qualify for employment or promotion will be placed on an eligibility list for the appropriate job class in the ranking order of the grades they obtain on the examinations and/or evaluations.

4.6 Both promotional and open eligibility lists shall not last longer than twelve months unless specifically requested by a Department Head. In such cases, the list may be extended.

4.7 When an appointment is to be made to a vacancy, the appropriate Department Head shall submit to the City Clerk a completed Personnel Action form showing the name, beginning salary and range and the employment date of the candidate they have selected.

4.8 Any appointment or and evaluation of the following promotionto-aDepartment-Head-position > shall be made by the City Council:

City Administrator
City Clerk
City Attorney r
Appointment and evaluation of all other Department Heads and Appointed Officers shall be made b r City Administrator. In the event that the City Administrator also serves in the role of a Departmert Head or Appointed Officer, the City Council shall make such appointment or evaluation regarding th‘ role of that Department Head or Appointed Officer.

4.8.1 Staff appointment and evaluation shall be made by the Department Head and Gm Administrator. In the absence of an employee being assigned tg a specific Department Head, the Cit r Administrator shall appoint and evaluate such employee.

4.8.2 Staff promotions are recommended by the Department Head to the City AdministratoiCow«l| 388260 1 Page 15

4.9 Appointment to the position of City Attorney shall be made by the City Council.

4.10 In the absence of an eligibility list, a temporary appointment may be made by the appropriate Department Head, with the approval of the City Administrator, of a person meeting the minimum qualifications for the position. The Department Head must show good and sufficient reason for filling the vacancy immediately. A temporary appointment shall not last longer than six months.

4.11 Any employee may request a voluntary demotion. Such a voluntary demotion shall require the approval of the Department Head under whom the employee will serve. Any employee taking such a voluntary demotion may be placed in any salary of the appropriate salary range that does not provide an increase in salary based on the wage scale on file. The employee shall be given a new position anniversary date for merit review in accordance with the provisions of this policy.

4.12 If an employee takes a voluntary demotion as a result of a downward classification of their position, the salary status shall be in accordance with the provisions of this policy.

4.13 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of this policy.

POLICY 5

EMPLOYMENT LISTS

5.0 Eligibility lists shall be created in accordance with the provisions of Policy 4.

5.0.1 Eligibility lists may contain the names of one or more persons eligible for employment.

5.0.2 The appropriate Department Head may determine that an eligibility list be cancelled prior to the twelve-month period because of changed requirements for filling the position. Copies shall be kept on file as public record.

POLICY 6

PHYSICAL EXAMINATION

6.0 In order to be eligible for employment with the City of Montague, candidates shall be required to pass a physical examination, the character of which shall be in accord with standards established by the Department Head or State regulations.

6.1 In order to be eligible for promotion or transfer to a job class in a category requiring great physical qualifications than the present job class, the employee may be required to pass the appropriate physical examination.

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6.2 An employee, as designated by the appropriate Department Head, maybe required to undergo a physical examination.

6.2.1 It is the policy of the City of Montague not to discriminate on the basis of age, ancestry, color, marital status, national origin, political and/or union affiliation, race, religion, sex, sexual orientation or disability in employment or the provision of services. It is the intent of the City to guarantee disabled persons equal opportunity to participate in or enjoy the benefits of City services, programs, or activities, and to allow disabled employees a bias-free work environment. The City, upon request, will provide reasonable accommodation in compliance with the Americans with Disabilities Act (ADA) and with the Fair Employment and Housing Act (DFEH) disability protections.

The City is committed to creating an environment in which facilities for public meetings and general public use are accessible. Furthermore, upon reasonable notification the City will provide auxiliary aids and services (interpreters, readers, assisted listening devices, text telephones, large print materials, audio tape, help in filling out forms, and other similar services and actions) if necessary and if such reasonable accommodation can be provided without undue hardship to the City. Disabled persons may request the auxiliary aids and services of their choice which will be given primary consideration.

Communication of accessibility will be included in City public announcements.

The City has a commitment to ensure equal opportunities for disabled City employees. Every reasonable effort will be made to provide an accessible work environment and additional accommodations including auxiliary aids and services. Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, termination) will be administered so as not to promote discrimination of disabled employees.

Recruitment and selection processes will grant equal opportunity for employment to qualified applicants and will not discriminate on the basis of disability. Reasonable accommodation will be provided upon notification during an application/interview process.

The City is also committed to ensure equal opportunity for disabled persons to participate on boards and commissions. With reasonable notification, board and commission meetings will be held in accessible locations, requested auxiliary aids will be provided, and accommodation provided during the selection process of board and commission members. Through the recruitment process, the City will actively seek and invite the participation of board and commission members who are disabled.

All future construction and renovation of City-owned buildings and facilities will be carried out in accordance with Title 24 of the state of California and ADA Accessibility Guidelines (ADAAG) In the event citizens, employees, or other participants in the City's programs, services, and activities feel the City has violated their rights under the ADA or DFEH, this policy provides a grievance procedure for handling such complaints.

City staff will be trained to ensure that disabled persons may participate in and benefit from City programs, services, and activities.

6.3 All physical examinations required under the provisions of this policy shall be performed by a licensed physician.

6.4 The City of Montague shall pay for any physical examination required under the provisions of this policy.
388260 1 Page 17
POLICY 7

PROBATION

7.0 All original and promotional appointments shall be for a period of not less than six (6) months.

During the probationary period, the employee may be rejected at any time without the right to appeal or hearing. Probation may be extended at the recommendation of the Department Head and approval by the City Administrator.

7.1 An employee rejected during the probationary period from a position to which the employee has been promoted shall be reinstated to a position in the class from which he/she was promoted unless the employee is discharged from the City’s service.

7.2 An employee shall be retained beyond the end of the probationary period only if the appropriate Department Head and the City Administrator affirms that the performance has been found to be satisfactory and the Department Head submits an employee evaluation review so stating and a Personnel Action form authorizing the end of such probation.

7.3 The employee will be appraised of their progress and the Department Head concerned will consult with them concerning potential or actual problems. Apprising an employee on probation of their progress shall not be a prereguisite for termination of probation or rejection of further employment

7.4 An employee must meet probationary requirements prior to being eligible for promotional exams or discretionary promotion.

POLICY 8

DUAL EMPLOYMENT

8.0 There shall be no conflicting hours of work when a person is employed by two (2) or more departments. Dual employment within the City shall be subject to review and approval by City the City Council.

8.1 A City employee may work for another employer so long as the employee continues to function in a satisfactory manner during service with the City, and there is no conflict of scheduled hours. No employee shall engage in outside employment or another activity which interferes with the efficient and proper discharge of the duties of City employment, and which tends to impair capacity to perform the duties and responsibilities assigned.

8.2 The City Council may prohibit and/or limit the type of outside employment Department Heads or employees may engage in as a condition of continued employment where a conflict with City employment can be clearly demonstrated. Nothing in this policy shall preclude the employee’s

Page 18 ends

supervising a Department Head or the City Council from taking appropriate actions that are in violatio|i of the provisions of this policy.

POLICY 9

EMPLOYMENT OF RELATIVES

9.0 To prevent conflicts of interest, to maintain high morale and professional working relationships among employees and ensure smooth and fair management, the City has established guidelines for employment of relatives.

9.1 Employees related by blood or marriage may not perform similar duties or responsibilities, report to the same immediate supervisor or supervise or be supervised by each other.

9.2 The employment of relatives in different departments is prohibited when, in the opinion of the City Administrator, potential problems of supervision, safety, security, morale, or potential conflicts of interest exist.

9.3 Employees who marry while employed are treated in accordance with these guidelines.

POLICY 10

PROHIBITION OF HARASSMENT, RETALIATION AND ABUSIVE

CONDUCT

10.0 The City of Montague shall assure that our workplace is free from prohibited discrimination, harassment, abusive conduct, and retaliation by avoiding any behavior or conduct that could reasonably be interpreted as prohibited discrimination, harassment, or retaliation. No employee, not even the highest-ranking employee in the City, is exempt from the requirements of this policy. In addition, the City will not tolerate elected officials, customers, clients, and/or outside vendors harassing any employee. Such conduct should be immediately reported to your Supervisor or the City Hall Department. This reporting may take place irrespective of the chain of command or the organizational structure. If you find conduct in the workplace to be unwelcome or offensive, you are expected to immediately inform the person engaging in the conduct in a clear and unambiguous manner that the conduct is unwelcome or offensive and that you want the conduct to stop. In addition, even if the person ceases the offensive conduct, you should immediately report the behavior to your Supervisor or the City Hall Department. Every reported complaint of violations of this policy will be investigated thoroughly, timely, and to the extent possible confidentially. While the investigation proceeds, the City may put reasonable interim measures in place, including but not limited to, a leave of absence, change of shift, or transfer. The failure or refusal of the employee to cooperate in a City investigation of alleged wrongful conduct may subject the employee to disciplinary action, up to and including termination.

Once reports of alleged violations of this policy are thoroughly investigated, the City will take appropriate action. The City may conclude that a violation has occurred. The City also might conclude, 380260 1 Page 19
depending on the circumstances, either that no violation of policy occurred or that the City shall not conclude whether a violation occurred. If the City determines that this policy has been violated or that other inappropriate conduct has occurred, effective remedial action will be taken appropriate to the totality of the circumstances, including disciplinary action, up to and including termination. The City may discipline an employee for any inappropriate conduct discovered while investigating reports or alleged violations of this policy, even if the conduct does not amount to a violation of the law or even a violation of this policy. If the person who engaged in the unwelcome offensive conduct is not employed by the City, the City will take whatever corrective action is reasonable and appropriate under the circumstances. Following the conclusion of the City’s investigation, a City representative will advise the principal parties concerned of the results of the investigation separately. In addition to notifying the City about harassment, discrimination, or retaliation, employees also may file an administrative complaint with the United States Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH). These agencies will independently investigate and prosecute complaints of discrimination, harassment, or retaliation in employment. The deadline for filing an administrative complaint with the DFEH is one year from the date of the alleged unlawful conduct. The nearest office of the EEOC or DFEH is listed in the telephone book and on the internet.

10.1 Harassment includes, but is not limited to:

10.1.1 Verbal harassment such as epithets, derogatory comments, or slurs.

10.1.2 Sexual harassment such as unwelcome sexual advances, pinching, feeling or purposely rubbing up against another's body, request for sexual favors and other verbal or physical conduct of sexual nature as name calling, suggestive comments or lewd talk and jokes.

10.2 Abusive conduct means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests. Abusive conduct may include repeated infliction or verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person's work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

10.2.1 Training is required for all permanent employees every 2 years.

POLICY 11

PERFORMANCE APPRAISAL

11.0 Employees normally are reviewed at the end of their probationary period and again on their first anniversary date, and (at a minimum) annually thereafter for the purpose of:

Page 20 ends

11.0.1 Documenting and detailing employee completion of assigned tasks and general job performance.

11.0.2 Providing feedback to employees about their work and progress within the organization.

11.0.3 Highlighting achievements or deficiencies for the purpose of recognition or improvement.

11.0.4 Identifying employee potential for additional responsibilities or promotion.

11.0.5 Establishing training needs.

11.0.6 Providing a basis for salary action recommendations.

11.0.7 Supporting disciplinary action up to and including termination

11.1 Performance Appraisals for all Department Hheads will be conducted by the City Administrate! with the exception of the City Attorney, and City Clerk. The and/orCity Council shall provide i Performance Appraisals for the City Administrator. City Attorney, City Clerk, and an r Department Head service concurrently as City Administrator or City Clerk.

11.2 The Department Head shall review and discuss the evaluation with the employee.

11.3 The employee will be asked to sign a form and be given the opportunity to include any comments in the appropriate section on the form. If the employee does not wish to sign the form or enter comments on it, the supervisor should indicate this fact on the form, and both the supervisor and the supervisor's superior should enter their signatures directly beneath this statement.

11.4 The completed form will be reviewed, and appropriate action taken, when necessary, prior to placing the form in the employee's personnel file.

11.5 Completion of a performance appraisal does not automatically warrant a salary adjustment or change in status, nor is the conduction of an appraisal to be interpreted as a guarantee of future employment with the City. Conversely, the failure of the City to conduct an appraisal on a specific employee's performance should not be viewed as preventing, limiting, or delaying the City from taking appropriate disciplinary action against any employee in those circumstances where the City deems such action, in its sole discretion, to be appropriate.

I
380260 1 Page 21
POLICY 12

HEALTH AND SAFETY

12.0 The Health and Safety Policy is summarized as follows:

12.0.1To provide safe and efficient workplaces, and provide tools, equipment, and materials free from preventable hazards.

12.0.2 To provide appropriate employee training programs, emphasizing an individual's responsibility for safe work performance.

POLICY 13

CLASSIFICATION

13.0 It is the policy of the City of Montague to promote initiative, creativity, and employee development. The appropriate Department Head shall be responsible for the classification of all positions within their department. Classification of all positions shall require approval by the City Administrator.

13.1 A position may be reclassified on the basis of change in or reevaluation of the duties, responsibilities, and/or qualification requirements of the position. The appropriate Department Head shall be responsible for recommending such reclassification. A reclassification shall become effective upon concurrence of aperevat-of the City Administrator and approval of the fen-City Council.

POLICY 14

COMPENSATION

14.0 The appropriate Department Head shall be responsible for recommending wage rates and salary ranges for each job class in the City service. The wage rate or salary range for each class shall reflect fairly the similarities and differences in levels of duties and responsibilities.

14.1 Each job class shall be assigned a salary range or hourly rate. Such assignment shall be made by-the City-Administration—upon—reoommendation-of the- appropriate-Department Head become effective upon concurrence of the City Administrator and approval of the City Council

14.2 Wage rates and salary structure for all job classes in service will be reviewed at least once each fiscal year.

Page 22 ends

14.3 It shall be the responsibility of the City Council to review and recommend salary adjustments for the Department Heads each fiscal year. It shall be the responsibility of the City Administrator t > present such review of salary adjustments of the Department Heads to the City Council each fiscs I year.

14.4 Total compensation consists not only of the salary received by the employee but also the various benefits provided.

POLICY 15

APPROPRIATE SALARY

15.0 The pay plan for the City of Montague shall be in accordance with the provisions of Ordinance No. 178-82, Chapter 2.32 of the Montague MunicipalCode, and as thereafter amended. lEaehlpesttio 1 sonsists of a range of-6-gradwated-step&-
Commented (1]: Outdated approach as 15 13 now controls
how raises are administered

15.1 Pay increases may be granted for satisfactory performance appraisal and continued efficient service and upon recommendation of the employee's Department Head and the approval of City Council.

15.1.1 Pay increases for the Department Heads shall require approval of the City Council.

15.1.2 The effective date of pay increases shall be the first day of the pay period following the effective date shown on the Personnel Action Form signed by the appropriate Department Head and City Administrator.

15.1.3 After one year of service and at one-year intervals full time employees will receive an automatic increase. Part time employees will receive increases bi-annually. Salary review date will automatically increase by 2% or ,29 whichever is greater. A longevity raise will include an additional 3% on the 8th year and every 3 years following:

Example: Year 1-7 = 2%
Year 8 = 5%
Year 9-10 = 2%
Year 11 = 5%

15.2 Newly hired employees shall be compensated at the base of the salary range of the job class for which they are hired. When qualifications of a candidate for employment indicates a higher hiring rate would be in the City’s best interest, the appropriate Department Head may recommend hiring at a higher rate in the salary range with the approval of City Council, but in no case higher than Step 3.

The provisions of this section shall also apply to the reemployment and reinstated employees. 306260 1 Page 23

15.3 An incumbent employee reclassified with their position to a lower job classification shall be placed at the same step in the lower salary range, if possible. If the top of the salary range of the lower job class is lower than the incumbent rate of pay, the rate of pay shall be lowered accordingly.

15.3.1 An employee transferred to an equivalent job with the same salary range shall retain the rate of pay and anniversary date for purpose of merit review.

15.4 An employee who is promoted to a higher job class shall be given a salary increase at the rate at the beginning of the next range.

15.5 An employee who is being paid a salary higher than the base may be reduced on the basis of unsatisfactory work performance or conduct. Such action shall require the specific recommendation of the employee’s Department Head and the approval of the City Council.

15.5.1 The employee shall be notified by the employee's Department Head no later than two calendar weeks prior to the effective date of the action. The notice shall contain a statement of the reasons for the action and shall inform the employee that the employee may file a reply with the Department Head and the City Council no later than one calendar week prior to the effective date of the action. Such reply shall be reviewed by the appropriate Department Head.

15.5.2 Before any action is taken, the employee shall be advised of the unsatisfactory work and a reasonable improvement period established. An employee evaluation is required.

15.6 An employee who is demoted shall be placed in the same range in the lower salary range that will provide a reduction in pay.

POLICY 16

HOURS OF WORK AND PAY DAY

16.0 The regular workweek for full time employees shall be a minimum of forty (40) hours. If an employee has not met 40 hours worked, they are required to use their accrued time to meet the 40- hour minimum before taking time without pay.

16.0.1 For all full-time employees with a regular workweek of forty (40) hours, the actual hourly rate of pay shall be twelve times the monthly rate divided by 2080.

16.1 Meal periods and breaks may not be saved for time off and shall be are scheduled by the Department Head to ensure that services to the public are not impaired. (Lab. Code, 512 and Cal.

Code Regs., tit. 8, 11040 (Work Order 4) provides the law for meal and rest breaks for nonexempt employees.)

Page 24 ends

Meal break requirement
Any work period more than 5 hours per day requires a meal period of 30 minutes or more before the start of the sixth hour. If the workday is more than 10 hours/day, a second meal break must be given.

Off duty meal period
To be considered off duty and unpaid, the break must have the following Employee relieved of all duty
(Work order 4 applies to persons employed in professional, technical, clerical, mechanical, and similar occupations and is summarized below since this appears to cover the City’s employees. Different occupations fall under different work orders.) Employer relinquishes control over employee’s activities (free to come and go) provided with reasonable opportunity to take uninterrupted 30-minute break, employer does not discourage taking a meal break
On duty meal period
Unless the employee is relieved of all duty during his or her thirty-minute meal period, the meal period shall be considered an "on duty” meal period that is counted as hours worked which must be compensated at the employee’s regular rate of pay. On duty meals are allowed in limited circumstances. An "on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty, the employee is paid, and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.

If the employer requires the employee to remain at the work site of facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period.

Eating lunch at desk while working
An employee who is provided the opportunity for a meal break but voluntarily works during the break can be eligible for straight pay if the employer knew or reasonably should have known of the work. An employer is not obligated to police meal breaks and ensure no work is being done. Bona fide relief from duty and the relinquishing of control satisfies the employer’s obligations and does not create liability for premium pay. However, in this circumstance, an employer that knows or has reason to know an employee is performing work during the meal period owes compensation to the employee for 388260,1 Page 25
the time worked (including any overtime hours that have accrued as a result of working through the meal period).

This is not the same as a meal break waiver and would not automatically allow an employee to leave 30 minutes early. This is also not the same as a legally allowed “on duty" meal break. This practice should be discouraged, and employees told that they must take their break to ensure the law is followed.

Time records
Employees should be required to clock in and out or otherwise record their meal break periods.

This should be done even if the employee volunteers to work during the break to document the opportunity to take their break. Missed meal breaks should be reported to the supervisor and the employee should be paid an hour of regulate rate pay. If an employee volunteers to work during the break and the employer knows of the work, the employee must be paid for the time worked, but must still track on the timecard that the break time was provided.

No “off-the-clock" work permitted
In order to avoid overtime claims, there is_sheuld-be-a no off-the-clock work policy. Employees are shouldbeencouraqed to report to management if they are denied a meal break.

Waiver of meal break
A waiver is only allowed if the employee's workday is completed in six hours. The waiver should be in writing, signed by employee and employer, but this is not required as long as there is mutual consent.

Suitable place for break
In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated. If the City employees can leave the premises for lunch, no break room is required.

16.2 Employees will record hours worked and accrued leave time on department time clocks or timecard. In all departments, each employee is required to record their own time on time clock or timecard and to sign the timesheet. Questions should be referred to the Department Head or the City Clerk.

16.2,1 Department Head shall furnish the City Clerk with payroll and attendance records of their personnel.

Page 26 ends

16.2.2 Prior to issuance of any payroll checks, the payroll register shall be audited by the City Clerk. Any check with an unauthorized payment appearing in the payroll register shall be withheld by order of the City Administrator.

16.2.3 The City Clerk or Department Head will hold an employee’s paycheck if the employee is absent on payday. If requested the check may be mailed or picked up with prior written authorization on file.

16.2.4 Employees should review their paychecks for errors. If a mistake is found, it must be reported to the supervisor immediately.

16.2.5 Report a lost or stolen paycheck to the City Clerk immediately. The City is not responsible for lost or stolen paychecks and if the City is unable to stop payment on the check, the employee will be responsible for such loss. If the city is able to put a stop payment notice on the check, another check will be issued.

16.2.6 Should extreme circumstances require an employee to request advance pay, they should contact the Department Head or City Clerk for assistance.

POLICY 17

OVERTIME/CTO PAY

17.0 Overtime shall be defined as that time worked in excess of 40 hours per week, or in excess of ten jetohihours in a day. I
fCommented [Z]i New policy for enowheduie ]

17.1 Authorized overtime shall be paid at time and one half the employee’s regular hourly rate of pay for all hours worked as set forth in 17.0.

17.1.1 Overtime shall be calculated to the nearest 15 minutes of overtime worked

17.1.2 All overtime must be authorized by the appropriate Department Head.

17.2 Compensatory time off (CTO^G), calculated at the rate of time and one half for hours worked beyond the fortieth hour worked, may be accrued in lieu of paid overtime.

17.2.1 A Maximum of 80 |2Q0 hours may be accrued, in accordance with the Fair Labc|r { commented (3j;Reflecting poor chenge in the mou ~
Standards Act and California State Law.

17.2.3 CTO may be used with Department Head approval. —Anything over four days fo|r Department Heads need to have 45 days prior approval through council. This policy is subject to change for emergency situations.
308260.1 Page 27

17.2.4 Upon termination of employment, the City will pay any accumulated CTO credits.

17.2.5 Specified Community/City events are volunteer only and paid out as comp time only.

17.2.6 Nothing contained herein shall affect or threaten cancellation of any accrued CTO credit existing at the time of the adoption of this handbook.

17.3 A one (1) hour minimum of compensation will be given to any employee who is required to attend meetings after normal working hours.

17.4 Standby and emergency call out compensation for eligible employees shall be accordance with the following provisions:

17.4.1 When an employee is asked to be on standby and/or call out after hours which relates to Public Works Dept., and has worked over 40 hours in a workweek, the employee is paid in accord with Section 17.1 for anything over 40 hours with the option of taking CTO time instead of overtime pay.

17.4.2 When an employee is scheduled for weekend or holiday water & sewer plant duty, they shall receive $50.00 per day as compensation and $17.50 per weekday for being on standby.

17.4.3 All standby and emergency call out time shall be credited to the nearest 15 minutes of time worked.

17.4.4 All other emergency or call-out for all employees occurring after regularly scheduled weekend/holiday water plant duty and after regular time worked will be compensated according to Section 17.1. They shall receive a minimum of 2 hours compensation credit in accordance with the (Fair Labor Standards Act.)
POLICY 18

PAYROLL DEDUCTIONS

18.0 There are two types of payroll deductions: mandatory and optional.

18.0.1 Mandatory deductions are for:

1. Federal Income Tax

2. State Income Tax

3. Public Employees' Retirement System (PERS)

4. Social Security

5. Medicare

6. SDI (State Disability Insurance)

Page 28 ends

Montague City CouncilMarch 6, 2025

Montague City Council
March 6, 2025