Agenda — Willits City Council, January 22, 2025

111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org

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WILLITS CITY COUNCIL
AGENDA
JANUARY 22, 2025 | 6:30 PM | CITY COUNCIL CHAMBERS

1. OPENING MATTERS
a. Call to Order. | b. Pledge to Flag. | c. Roll Call.

2. PUBLIC COMMUNICATIONS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on the agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

Members of the public are asked to observe the rules of decorum. While the City Council welcomes public criticism of policies, procedures, programs, or services of the agency; behavior that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and that includes, but is not limited to use of profanity, slurs, yelling from the audience, threatening remarks, physically threatening conduct, or physical or verbal displays of disrespect, will not be tolerated and the individual will be removed immediately.

3. PUBLIC MATTERS
a. Little Lake Fire District Monthly Update
b. Update from Third District County Supervisor John Haschak.

4. ENACTMENT OF ORDINANCES
a. Second Reading and Adoption by Title Only a Revision to Section 8.26.090 - Suspension, Termination or Revocation of License Provisions of the Willits Municipal Code.

Presenting staff member: Phillip Davidson, Code Compliance Officer. b. Second Reading and Adoption by Title Only to Insert Chapter 8.24 – Nitrous Oxide Sales Into the City of Willits Municipal Code, Making it Unlawful for Any Person in the City, with Exceptions, to Sell or Attempt to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person.

Willits City Council Agenda – January 22, 2025.

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Presenting staff member: Phillip Davidson, Code Compliance Officer.

5. CONSENT CALENDAR
The City Council considers matters listed under the Consent Calendar as routine. The Council will take action with a single motion and roll call vote. A Councilmember may request the removal of an item(s) from the Consent Calendar for separate discussion and subsequent action.

The following items as presented are before the City Council for approval or denial:
a. None.

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. None.

7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Adopt a Resolution Approving a Raise in the Monthly Allotment Given to Councilmembers.
b. Adopt Resolution Approving the Memorandum Of Understanding (MOU) Between the International Brotherhood Of Electrical Workers (IBEW), Local 1245 and the City of Willits and Effective January 1, 2025, Through June 31, 2025. Additionally, Adopt a Resolution Approving Commensurate Benefits and Salary Increases for Unrepresented Employees (Excluding Contract Employees Regarding Salary Increases) and Adopt a Revised Master Classification and Compensation Schedule Reflecting the Salary Increases.
c. Verbal Reports – No Action.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Section of an Individual to fulfil the remaining portion Greta Kanne’s City Council Term. The City Council will consider each application in the order of its submission date.
(1) Franklin Rockwell. (2) Robin Leler. (3) Raghda Zacharia. (4) Sherrie Ebyam. (5) Bruce Burton. (6) Daniel Sansom. (7) Ithaca Moore. (8) Garrett Moore.

Presenting staff member: Jim Lance, City Attorney.

10. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS a. Mayor’s Appointments to City Committees, Boards and Agencies for 2025.

11. GOOD & WELFARE

12. CLOSED SESSION NOTICE
a. Conference with Legal Counsel - existing litigation (CA Govt. Code §54956.9 (d)(1)); in the matter of Craig Anthony Gelber vs City of Willits, et al, Case No. 3-23-cv-00681- JSC, United States District Court for the Northern California District.

Willits City Council Agenda – January 22, 2025.

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b. Pursuant to Government Code §54957 – Public Employee Performance Evaluation – City Manager.

13. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90-days, the time within an individual and/or entity may judicially challenge the decisions of the City Boards and Agencies.

I hereby certify under penalty of perjury under the laws of the State of California that I posted the foregoing Agenda on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72 hours prior to the meeting set forth on this Agenda.

Dated this 17th day of January, 2025.

Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7113 or Fax (707) 459-1562. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.

Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM.

Item No. 4a
Meeting Date: January 22, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Phillip Davidson, Code Compliance Officer
Agenda Title: APPROVE ORDINANCE AMENDMENT TO SECTION 8.26.090 - SUSPENSION,

TERMINATION OR REVOCATION OF LICENSE PROVISIONS OF THE WILLITS MUNICIPAL CODE.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.

Summary of Request: The Purpose of Ordinance Amendment #2025-001 is to update the existing City of Willits Municipal Code penalties to coincide with AB 935 that went into effect in 2023 to strengthen and add penalties to SB 793 Stop Tobacco Access to Kids Enforcement (STAKE) Act. Passed in 2020, SB 793 prohibits the sale of flavored tobacco products in California to keep the products away from youth.

While the fines for selling tobacco products to underage youth carried penalties, the sale of flavored tobacco products, that was made illegal to sell by SB 793 had no clear penalties. The current City Ordinance follows these guidelines. In 2023, AB 935 was introduced which provides enforcement similar to the STAKE Act for tobacco retailers that continue to sell flavored tobacco products in California.

The attached ordinance is on the agenda for the waiver of a second reading and formal adoption.

The ordinance was introduced without text at the January 8, 2025 City Council meeting.

Recommended Action: Waive the second reading and modify Section 8.26.090 of the Willits Municipal Code.

Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: None.
2025 Adopted Goals: This item supports the intent of Goal #2, Policy 2.3 for Community Development…Fund and implement a comprehensive Code Enforcement Program.

California Environmental Quality Act: The item does not require a CEQA review.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by:☒ City Manager ☒ City Attorney Assistant City Manager ☒ City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Please publish the following Summary of Proposed Ordinance in your Wednesday, January 15, 2025 edition, and transmit proof of publication.

SUMMARY OF PROPOSED ORDINANCE

SUMMARY OF PROPOSED ORDINANCE OF THE CITY OF WILLITS AMENDING CHAPTER

8.26 - TOBACCO REQUIRED LICENSURE SECTION 8.26.090 - SUSPENSION, TERMINATION OR REVOCATION OF LICENSE TO TITLE 8 (HEALTH AND SAFETY) OF THE WILLITS

MUNICIPAL CODE
The Purpose of Ordinance Amendment# 2025-001 is to update the existing City of Willits Municipal Codes penalties to coincide with the new state law AB 935 that was put into effect in 2023 that strengthen and adds penalties to SB 793 Stop Tobacco Access to Kids Enforcement (STAKE) Act that bands the sale of flavored tobacco products in the state of CA. SB 793 STAKE Act was created in 2020 to keep flavored tobacco products away from our youth. While the fines for selling tobacco products to under age youth carried penalties the sale of flavored tobacco products, that was made illegal to sell by SB 793 had no clear penalties. Our current City Ordinance follows these guidelines. In 2023 AB 935 was introduced which provides enforcement similar to the STAKE Act for tobacco retailers that continue to sell flavored tobacco products in Ca.

The City Council of the City of Willits shall convene at the duly noticed council meeting on January 22, 2025 at 6:30 p.m. at the Willits City Hall Council Chambers, 111 E. Commercial Street, Willits, to consider the amendment of City Ordinance Chapter 8.26 - TOBACCO REQUIRED LICENSURE Section 8.26.090 – Suspension, termination or revocation of license.

The following summary of the proposed ordinance is published pursuant to California Government Code section 36933, which provides that a city council may publish a summary of a proposed ordinance in a newspaper of general circulation at least five(5) days prior to the City Council meeting at which the proposed ordinance is to be adopted and shall also be posted in the office of the Willits City Clerk for at least five(5) days prior to the City Council meeting of January 22, 2025.

Delores Pedersen
City Clerk
ORDINANCE NO. 2025-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLITS, CALIFORNIA AMENDING CHAPTER 8.29 OF THE WILLITS MUNICIPAL CODE TO UPDATE PENALTIES TO COINCIDE WITH ASSEMBLY BILL 935 THAT WENT INTO EFFECT IN 2023 TO STRENGTHEN AND ADD PENALTIES TO SENATE BILL 793 STOP TOBACCO ACCESS TO KIDS’ ENFORCEMENT (SAKE) ACT.

The City Council of the City of Willits, State of California, ordains as follows:
[TITLE 8]

8.26.090 - Suspension, termination or revocation of license. (a)Tobacco Retailing Without a Valid License. In addition to any other penalty authorized by law, including the application of administrative fines under section 8.26.100, if the city finds based on a preponderance of the evidence, after notice and an opportunity to be heard pursuant to section

8.26.090(e) that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's license as follows:

1.After a first violation at a location within any sixty-month period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until one year has passed from the date of the violation.

2.After a second violation at a location within any sixty-month period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until three years have passed from the date of the violation.

3.After a third violation at a location within any sixty-month period, no new license may be issued for the person or the location unless ownership of the business at the location has been transferred in an arm's length transaction.
(b)Violation of Minimum Age Laws Related to Tobacco Products:

Suspension, Revocation. In addition to any other remedy authorized by law after notice and opportunity to be heard pursuant to section 8.26.090(e), a tobacco retailer's license may be suspended or revoked as provided in this section if the manager finds, based on a preponderance of the evidence, that the licensee, or any of the licensee's agents or employees, has violated tobacco-related laws as indicated in section 8.26.80. A tobacco retailer shall also be charged the following fines. All administrative penalties resulting from violation of this chapter and collected by the city shall be maintained in a fund specifically designated for compliance monitoring, enforcement efforts and education related to the sale of tobacco products to youth.

1.Upon a finding by the city of a first license violation within any thirty-six month period, the person shall receive a letter of reprimand from the city which shall advise the person that if the person trains all sales employees at the location of the sale in the laws pertaining to the sale of tobacco products to persons under the minimum age allowed by state law to purchase tobacco products, and techniques to ensure future compliance, no penalty will be imposed. Person must submit to the manager, within thirty days, an affidavit signed by person and the sales employees that said training has been completed. If person fails to timely submit the affidavit, city shall impose a fine of one thousand dollars for a first violation in any thirty-six month period.

2.Upon a finding by the city of a second license violation within any thirty-six month period, the tobacco retailer shall pay a fine of two thousand dollars and the person's license shall be suspended for twenty-one days.

3.Upon a finding by the city of a third license violation within any thirty-six month period, the tobacco retailer shall pay a fine of five thousand and the person's license shall be suspended for sixty days.

4.Upon a finding by the city of a fourth license violation within any thirty-six month period, the tobacco retailer shall pay a fine of seven thousand dollars and the person's license shall be suspended for one hundred eighty days.

5.Upon a finding by the city of a fifth or subsequent license violation within any thirty-six month period, the tobacco retailer shall pay a fine of nine thousand dollars and the person's license shall be revoked for not less than one year.
(c) The Sale of Flavored Tobacco:

1.Upon a finding by the city of a first license violation the tobacco retailer shall pay a fine of five hundred dollars.

2.Upon a finding by the city of a second license violation within any five year period, the tobacco retailer shall pay a fine of one thousand dollars.

3.Upon a finding by the city of a third license violation within any thirty-six month period, the tobacco retailer shall pay a fine of one thousand five hundred dollars..

4.Upon a finding by the city of a fourth license violation within any five year period, the tobacco retailer shall pay a fine of three thousand dollars.

5.Upon a finding by the city of a fifth license violation within any five year period, the tobacco retailer shall pay a fine of five thousand dollars.
(d) No Display or Advertising. During any period of suspension or revocation the licensee:

1.Shall remove all tobacco products from public view. Failure to do so shall result in an administrative fine pursuant to section 8.26.100, with each day constituting a separate violation.

2.Shall not display any advertising relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. Failure to do so shall result in an administrative fine pursuant to section 8.26.100, with each day constituting a separate violation.
(e)Notice of Intended Decision. Upon the existence of any of the grounds for ineligibility, denial, suspension, or revocation of a license pursuant to this chapter, the city shall issue to the license applicant or holder a notice of intended decision. The notice of intended decision shall state the grounds upon which the denial, revocation, or suspension is based. The notice of intended decision shall specify the effective date of the action. The notice of intended decision shall advise the license applicant or holder that the suspension or revocation shall become final unless the person files a written request for administrative review within ten calendar days of the date of service of the notice of intended decision.
(f)Service Procedures. The city's decision to impose a suspension or revocation may be served by personal service or by certified mail, postage prepaid with a return receipt requested.

Simultaneously, the decision may be sent by first class mail, postage prepaid with certificate of mailing requested. Certified and first-class mail will be addressed to the tobacco retailer at the address shown on the license application. If the decision is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first claim mail, provided the decision sent by first class mail is not returned by the United States Postal Service undelivered. In the case of service by certified mail for which a signed receipt is returned, the date of service shall be the date of signing of the receipt. In the case of service by regular first-class mail, the date of service shall be the date upon which such mail was deposited in the United States Mail with postage prepaid, plus five days.
(g)Termination of License for Failure to Pay Renewal Fees. A tobacco retailer's license which is not timely renewed pursuant to section 8.26.020(b) shall automatically be deemed terminated by operation of law.
(h)Revocation of License Issued in Error. A tobacco retailer's license shall be revoked if the city finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under section 8.26.040 existed at the time application was made or at any time before the license issued. The decision by the city shall be the final decision of the city. The revocation shall be without prejudice to the filing of a new application for a license. (i)Revocation of License Obtained Under False Pretenses. Tobacco retailers whose licenses are obtained under false pretenses shall have their license revoked. This revocation shall be with prejudice. One calendar year must elapse between any revocation pursuant to this subsection and any subsequent application.
(j)Appeal of Suspension, Penalties or Revocation. Requests for appeal must be filed with the city within ten calendar days from the date of a properly served decision under 8.26.090(e). With respect to suspensions or revocations, if such an appeal is timely made it shall stay enforcement of the appealed action. An appeal is not available for a revocation made pursuant to 8.26.090(g) above. The city may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter; provided a timely appeal has been filed. Settlements shall not be confidential.

The above and forgoing Ordinance was introduced by Councilmember ________ and seconded by Councilmember ________, and passed and adopted by the City Council of the City of Willits, on this 22nd day of January 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

WEREUPON, the Mayor declared the Ordinance passed and adopted and SO ORDERED:
_______________________________________

LARRY STRANSK, MAYOR
City Council of the City of Willits
ATTEST:
_______________________________________

DELORES PEDERSEN
City Clerk
APPROVED AS TO FORM:
______________________________________
H. JAMES LANCE
City Attorney
Item No. 4b
Meeting Date: January 22, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Phillip Davidson, Code Compliance Officer
Agenda Title: ADOPT CHAPTER 8.24 – NITROUS OXIDE SALES INTO THE CITY OF WILLITS

MUNICIPAL CODE, MAKING IT UNLAWFUL FOR ANY PERSON IN THE CITY, WITH

EXCEPTIONS, TO SELL OR ATTEMPT TO SELL, OFFER, DISTRIBUTE, OR PROVIDE NITROUS OXIDE TO ANY PERSON.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.

Summary of Request: The purpose of this new Chapter has been brought on by an increase in the use of nitrous oxide as a recreation drug. Medical authorities have linked the recreational use of nitrous oxide to serious health problems, including physical illness, mental illness, injury, and even death.

The California Penal Code, Section 381(b)(c)(e) makes it a misdemeanor for anyone to intentionally inhale or ingest nitrous oxide for the purpose of causing intoxication, to sell or distribute nitrous oxide to anyone under the age of 18 (unless administered by and for medical or dental purposes by a licensed practitioner), and also requires that anyone dispensing or distributing nitrous oxide must inform the purchaser that it is a violation of state law to knowingly distribute or dispense nitrous oxide to a person who intends to breathe, inhale, or ingest it for the purpose of intoxication.

In spite of the state law prohibitions, there are loopholes that allow the distribution of nitrous oxide cartridges in quantities of many hundreds at a time without meaningful oversight, which puts members of the community at risk. By eliminating the sale and distribution of nitrous oxide in the City, it will reduce the number of persons in possession of and who use nitrous oxide as an intoxicating drug and will promote the public health, safety, and welfare.

The attached ordinance is on the agenda for the waiver of a second reading and formal adoption.

The ordinance was introduced without text at the January 22, 2025 City Council meeting.

Recommended Action: Waive second reading and adopt Chapter 8.24 - Nitrous Oxide Sales to the City of Willits Municipal Code
Alternative(s): None.

Fiscal Impact: None.

Personnel Impact: Community Development staff to inspect businesses. 2021 Adopted Goals: This item supports the intent of Goal #2, Policy 2.3 for Community Development…Fund and implement a comprehensive Code Enforcement Program.

California Environmental Quality Act: The item does not require a CEQA review.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Please publish the following Summary of Proposed Ordinance in your Wednesday, January 15, 2025 edition, and transmit proof of publication.

SUMMARY OF PROPOSED ORDINANCE
SUMMARY OF PROPOSED ORDINANCE OF THE CITY OF WILLITS ADDING CHAPTER 8.24 SALES OF NITROUS OXIDE TO TITLE 8 (HEALTH AND SAFETY) OF THE WILLITS

MUNICIPAL CODE
The purpose of this new chapter has been brought on by an increase in use of Nitrous Oxide as a recreation drug. Medical authorities have linked the recreational use of Nitrous Oxide to serious health problems, including physical illness, mental illness, injury, and even death. The California Penal Code, Section 381(b),(c),(e) makes it a misdemeanor for anyone to intentionally inhale or ingest nitrous oxide for the purpose of causing intoxication, to sell or distribute nitrous oxide to anyone under the age of 18(unless administered by and for medical or dental purposes by a licensed practitioner), and also requires that anyone dispensing or distributing nitrous oxide must inform the purchaser that it is a violation of state law to knowingly distribute or dispense nitrous oxide to a person who intends to breathe, inhale, or ingest it for the purpose of intoxication. In spite of the state law prohibitions, there are loopholes that allow the distribution of nitrous oxide cartridges in quantities of many hundreds at a time without meaningful oversight, which puts members of the community at risk. By eliminating the sale and distribution of nitrous oxide in the City of Willits it will reduce the number of persons in possession of and who use nitrous oxide as an intoxicating drug and will promote the public health, safety, and welfare.

The City Council of the City of Willits shall convene at the duly noticed council meeting on January 22, 2025 at 6:30 p.m. at the Willits City Hall Council Chambers, 111 E. Commercial Street, Willits, to consider the adoption of a city ordinance adding Chapter 8.24 to the Willits Municipal Code entitled Sales of Nitrous Oxide.

This summary of the proposed ordinance is published pursuant to California Government Code section 36933, which provides that a city council may publish a summary of a proposed ordinance in a newspaper of general circulation at least five(5) days prior to the City Council meeting at which the proposed ordinance is to be adopted and shall also be posted in the office of the Willits City Clerk for at least five(5) days prior to the City Council meeting of January 22, 2025.

Delores Pedersen
City Clerk
ORDINANCE NO. 2025-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLITS, CALIFORNIA ADDING CHAPTER 8.24 (SALES OF NITROUS OXIDE) TO TITLE 8 (HEALTH AND SAFETY) OF THE WILLITS MUNICIPAL CODE.

The City Council of the City of Willits, State of California, ordains as follows:
[TITLE 8]

8.24 SALES OF NITROUS OXIDE.

A. DEFINITIONS.

The following words and phrases as used in this section are defined as follows.

1. DEVICE. “Device” means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide.

2. NITROUS OXIDE. “Nitrous oxide” means the colorless nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also called, “laughing gas.”

3. PERSON. “Person” refers to any individual or other entity howsoever organized or constituted.

B. SALE OR DISTRIBUTION OF NITROUS OXIDE.

It is unlawful for any person not excepted hereafter to sell or attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains a quantity of nitrous oxide. This section shall not apply to the sale of nitrous oxide contained in food products for use as a propellant.

C. EXCEPTIONS.

The following persons are excepted from the prohibitions of this Chapter:

1. This section shall not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a medical or dental practitioner licensed by this state or at the direction or under the supervision of a practitioner licensed by this state

2. This section shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS).

D. VIOLATIONS AND PENALTIES.

Any person violating this chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the county jail or by a fine of one thousand dollars ($1,000.00), or both.

AYES:

NOES:

ABSENT:

WEREUPON, the Mayor declared the Ordinance passed and adopted and SO ORDERED:
_______________________________________

LARRY STRANSK, MAYOR
City Council of the City of Willits
ATTEST:
_______________________________________

DELORES PEDERSEN
City Clerk
APPROVED AS TO FORM:
______________________________________
H. JAMES LANCE
City Attorney
Item No. 8a
Meeting Date: January 22, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION APPROVING A RAISE IN THE MONTHLY ALLOTMENT GIVEN TO COUNCILMEMBERS.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes.

Summary of Request: Government Code Section 36516.2(a) mandates how much a general law city may pay its Council Members for service on the Council, depending on size. The limit for cities less than 35,000 is $950 per month that a Councilmember may receive.

Currently, the City of Willits pays each Councilmember $200 per month. That rate was established by the Council action at the February 27, 2019 meeting.

Between 2007 and 2019, Council compensation was variable. In 2007, the Mayor received $300 per month and each Councilmember received $150 per month. In 2008, the City of Willits lowered the allotment given to Councilmembers from $150 per month to $100 per month and lowered the Mayoral allotment from $300 per month to $200 per month. In 2011, the Council cancelled the allotment altogether so that the City Council was not paid at all, until 2013, when the pay was raised to $200 for the Mayor and $100 per month for each Council member. That schedule remained in place until 2019 resulting in the current compensation.

The Fiscal Year 24-25 Budget can support a monthly increase per Councilmember of up to $500.

For comparison, Ukiah City Council receives $850 per month, Fort Bragg Council receives $510 per month, and Lakeport Council receives $300 per month.

Recommended Action: To postpone the decision until the appointment of the fifth Councilmember, allowing that member an opportunity to review and consider the request.

Alternative(s): Determine and approve an increase that does not exceed $500 a month.

If additional information is needed, instruct the City Manager to conduct a study comparing the compensation packages for Councilmembers in equivalent municipalities.

Fiscal Impact: The General Fund portion of the Fiscal Year 24-25 Budget was programmed to accommodate proposed increases up to $500 per member per month. The total fiscal impact of this change would be at least $12,500 until June 31st.

Personnel Impact: None.

Identified City Council Conflict of Interest: None.
2021 Adopted Goals: The Goals do not cover this topic.

California Environmental Quality Act: The item does not require a CEQA review.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Resolution No. 2025-__ Page 1 of 1 January 22, 2025
RESOLUTION NO. 2025-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS RAISING COUNCIL SALARIES TO $500 PER MONTH.

WHEREAS, the City Council of the City of Willits currently pays each Council Member $200 per month; and
WHEREAS, the California Government Code 36516.2(a) allows City Council Members of cities of the size of Willits to be paid up to $950 per month; and WHEREAS, all the surrounding Cities of Mendocino County pay Council Members at least $300 per month; and
WHEREAS, the City Council established the monthly compensation of $200 at their February 27, 2019 meeting; and
WHEREAS, the Fiscal Year 2024-2025 Budget was programmed to accommodate proposed increases up to $500 per member per month; and WHEREAS, it is recognized that Council Members expend transportation costs and a great deal of time in attending meetings throughout the month and attending to constituent concerns, and that this time may take time away from work; and WHEREAS, it is recognized that there is a public interest in ensuring the City Council is representative of the people of Willits and that no one is dissuaded from serving by reason of lack of finances,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits hereby raises the pay of each City Council member, including the Mayor, to $500 per month, beginning in February of 2025.

The above and foregoing Resolution was introduced by Councilmember _______seconded by Councilmember_______ and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 22nd day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
_____________________________________
LARRY STRANSKE, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk
Item No. 8b
Meeting Date: January 22, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT RESOLUTION APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 AND THE CITY OF WILLITS AND EFFECTIVE JANUARY 1, 2025, THROUGH JUNE 31, 2025. ADDITIONALLY, ADOPT A RESOLUTION APPROVING

COMMENSURATE BENEFITS AND SALARY INCREASES FOR UNREPRESENTED

EMPLOYEES (EXCLUDING CONTRACT EMPLOYEES REGARDING SALARY INCREASES)

AND ADOPT A REVISED MASTER CLASSIFICATION AND COMPENSATION SCHEDULE REFLECTING THE SALARY INCREASES.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes.

Summary of Request: Representatives from the City’s negotiating team and the International Brotherhood of Electrical Workers (IBEW), Local 1245, have been engaged in labor negotiations since November 2024 to reach a new Memorandum of Understanding (MOU). A tentative sixmonth agreement was reached and ratified by IBEW, Local 1245, on January 14, 2025. On January 14th, IBEW ratified the MOU.

A summary is as follows:
1) COMPENSATION:
• COLA: Four-percent salary increase for all unit classifications the first full pay period following January 1, 2025.
• Annual boot allowance increased to $300 and employees may purchase multiple pairs of boots during the year, with reimbursement, up to the $300 annual reimbursement amount. Removed the five pants limit on reimbursement for pants for employees that elect to not utilize City provided uniform pants.
2) COMPENSATION STUDY:
• City to complete total compensation study, utilizing third party consultant Bryce Consulting, for next round of negotiations, July 2025. The City and Union agree to either use existing benchmarks utilized in prior compensation survey (City of Eureka, City of Fort Bragg, City of Fortuna, City of Lakeport, City of Santa Rosa, City of Ukiah, Lake County Special District), or meet and confer over reasonable benchmark cities.
3) STEP ADVANCEMENT:
• Every effort will be made to deliver a performance evaluation prior to the employee's anniversary date. In the event a favorable evaluation is received after the employee's anniversary date, pay shall be retroactive to anniversary date.
4) CROSS TRAINING:
• The City and Union agree to meet and confer cross training for water and wastewater classifications, no later than March 1, 2025. This would require changes to existing classifications and additional compensation. 5) BENEFITS:
• City to maintain the current level of benefits for term of agreement. 6) Health Insurance Opt-Out:
• If an employee receives medical insurance coverage through their spouse, partner or guardian, or acquired insurance from a non-city healthcare provider, signs a City form electing not to receive (waiving) City paid health insurance coverage and provides the City with satisfactory proof of insurance coverage, effective upon ratification, the employee may opt out of the City provided medical plan. Employees opting out of the City paid medical plan shall receive a monthly stipend 20-percent of total premium based on lowest cost plan(HDHP-HSA), by enrollment category, in lieu of medical insurance. 7) Gym Membership Reimbursement:

Full-time employees will be reimbursed up to $60 per month, for eligible Gym membership fees. Eligible fees include the enrollment cost (if applicable) and annual or monthly fees for an individual membership at a fitness center.

Employees must follow the expense report procedure to receive reimbursement.

An expense report and copy of the receipt must be submitted each month.

Staff recommends Council authorize the City Manager to make small administrative, nonmonetary, changes to the MOU, if necessary, to fulfill the intention of the MOU.

As per previous practice, all other employees (classified as non-representative) will receive the same benefits, and salary increases as IBEW.

Recommended Action: Adopt the accompanying Resolution approving the MOU between the City of Willits and IBEW, Local 1245, effective January 1, 2025 – June 31, 2025. Adopt Resolution approving commensurate salary increases for non-represented employees. Adopt revised Master Classification and Salary Schedule as a result of salary increases.

Alternative(s): None recommended.

Fiscal Impact: The expenditure on salaries and benefits associated with the MOU totals $58,760.

The salary structure in the Fiscal Year 24-25 Budget was designed to accommodate a 3.5-percent increase for the entire year.

Personnel Impact: None.

Identified City Council Conflict of Interest: None.
2021 Adopted Goals: This item aligns with Goal #3 for Administration…Create a realistic staffing plan for the City that will enable the City Council to budget for appropriate current and future staffing to address the City’s / Community’s needs (Public Works Director for an example).

California Environmental Quality Act: The item does not require a CEQA review.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Resolution No. 2025-__ Page 1 of 1 January 22, 2025
RESOLUTION NO. 2025-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) LOCAL 1245 AND THE CITY OF WILLITS, EFFECTIVE JANUARY 1, 2025 AND JUNE 31, 2025.

WHEREAS, duly authorized representatives of the City of Willits and duly authorized representatives of the International Brotherhood of Electrical Workers (IBEW), Local 1245 have met and conferred pursuant to the provisions of the MeyersMilias-Brown Act and have agreed to the matters set forth in the Memorandum of Understanding (MOU) attached hereto, subject to the approval of said MOU by the City Council of the City of Willits; and
WHEREAS, the Willits City Council has reviewed the MOU for employees under the umbrella of the IBEW, Local 1245, for the term of January 1, 2025 through June 31, 2025, and approves of the terms and conditions contained therein, a copy of which is on file in the Office of the City Clerk and thereby finds and determines adoption of said documents to be in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits approves and adopts the said revised MOU; and
BE IT FURTHER RESOLVED that the City Manager and Deputy City Manager/City Clerk are hereby authorized and directed to execute said MOU between City of Willits and IBEW, Local 1245, for the term of January 1, 2025 through June 31, 2025 and that the City Manager is authorized to make minor administrative, nonmonetary changes to the MOU, in order to fulfill the intentions of the parties, if necessary.

The above and foregoing Resolution was introduced by Councilmember _____ seconded by Councilmember _____, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 22nd day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
______________________________
____________________________________
LARRY STRANSKE, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF WILLITS
AND

THE INTERNATIONAL BROTHERHOOD

OF ELECTRICAL WORKERS (IBEW)
LOCAL UNION 1245
JANUARY 1, 2025 - JUNE 30, 2025
Table of Contents i

TABLE OF CONTENTS
ARTICLE 1. PARTIES TO THE AGREEMENT .......................................................................1 ARTICLE 2. AUTHORIZED AGENTS .....................................................................................1 ARTICLE 3. RECOGNITION ...................................................................................................1 ARTICLE 4. UNION SECURITY/EMPLOYEE RIGHTS...........................................................2 ARTICLE 5. CITY RIGHTS AND RESPONSIBILITIES ...........................................................4 ARTICLE 6. MEET AND CONFER IN GOOD FAITH – SCOPE..............................................4 ARTICLE 7. USE OF CITY FACILITIES..................................................................................4 ARTICLE 8. WORK SCHEDULE.............................................................................................4 A. General................................................................................................................4 B. Work Week..........................................................................................................5 C. Work Day.............................................................................................................5 D. Work Day Breaks.................................................................................................5 E. Shift Schedule .....................................................................................................5 F. Other Provisions ..................................................................................................5 ARTICLE 9. COMPENSATION ...............................................................................................5 A. General................................................................................................................5 B. Appointment Rate................................................................................................6 C. Compensation on Promotion ...............................................................................6 D. Compensation for Acting Appointments...............................................................6

1. Limitations................................................................................................6 E. Compensation on Demotion ................................................................................7

1. Demotion Based on Unsatisfactory Performance .....................................7

2. Demotion for Other than Unsatisfactory Performance ..............................7

3. Demotion for Y-Rated Employees ............................................................7 F. Transfer of Y-Rated Employees...........................................................................7 G. Reemployment of Regular Employees.................................................................7 H. Merit Increases ....................................................................................................8

1. Eligibility...................................................................................................8

2. Effective Date...........................................................................................8

3. Completion of Probation...........................................................................8

4. Failure to Obtain Merit Increase ...............................................................8

5. Part-Time Employees...............................................................................8

6. Performance Evaluations Received After Anniversary Date……………… 9 I. Regular Appointment from a Temporary Status ...................................................9 J. Appointment to a Reclassified Position................................................................9

1. Class with Same Salary Range ................................................................9

2. Class with Higher Salary Range...............................................................9

3. Class with Lower Salary Range................................................................9 K. Overtime Compensation ......................................................................................9 L. Compensatory and Overtime Regulations ...........................................................9

1. Overtime Regulations...............................................................................9

2. Compensatory Time Off .........................................................................10 a. Regulations ................................................................................10 b. Eligibility .....................................................................................10 c. Regularly Scheduled Day Off......................................................10 Table of Contents ii
M. Miscellaneous Compensation ............................................................................11

1. Standby Duty .........................................................................................11 N. Longevity Pay....................................................................................................11 O. Court Time.........................................................................................................11 P. Approval of Overtime.........................................................................................11 Q. Jury Duty ...........................................................................................................11 R. Witness Fees.....................................................................................................12 S. Uniforms ............................................................................................................12 T. Use of City Vehicles...........................................................................................12 U. Use of Private Vehicles......................................................................................12 V. Air Travel...........................................................................................................13 W. Lodging..............................................................................................................13 X Meal Allowance .................................................................................................13 Y. New Class Series ..............................................................................................13 Z. Certification/License Fees..................................................................................13 AA. Compensation Study…………………………………………………………………..14
ARTICLE 10. EMPLOYEE STATUS .......................................................................................14 A. Definitions..........................................................................................................14

1. Probationary...........................................................................................14

2. Regular ..................................................................................................15

3. Temporary..............................................................................................15

4. Full-time .................................................................................................15

5. Part-time ................................................................................................15 B. Probationary Period or Promotion......................................................................15

1. Probationary Period Length....................................................................15

2. Probationary Period Length – Part-time Employee.................................15 C. Regular Status – Initial Entry or Promotion ........................................................16 D. Seniority ............................................................................................................16 E. Transfers ...........................................................................................................16 F. Separation .........................................................................................................16

1. Layoff.....................................................................................................16

2. Resignation............................................................................................17

3. Termination for Medical Reasons...........................................................17 ARTICLE 11. HIRING AND PROMOTION ..............................................................................17 A. General..............................................................................................................17 B. Selection Process – Regular Employee – Non-entry Level Job Openings .........17

1. Notice: Application Period ......................................................................17

2. Consideration of Regular Employee Applicants......................................18

3. Make up of Oral Interview Panel for Promotional Jobs ...........................18

4. Passing Tests/Interviews: Meeting Minimum Job Qualifications .............18

5. Awarding of Position ..............................................................................18 C. Selection Process – Outside Applicants – Non-entry Level Job Opening...........19 D. Selection Process – Entry Level Job Opening ...................................................19 E. Cross Training ………………………………………………………………………… 19
ARTICLE 12. ATTENDANCE AND LEAVE BENEFITS..........................................................20 A. Attendance ........................................................................................................20 B. Anniversary Date ...............................................................................................20 C. Vacation ............................................................................................................20 D. Basis for Accrual – Full-time Employees............................................................20 E. Basis for Accrual – Part-time Employees ...........................................................21 F. Limit on Accumulation........................................................................................21 Table of Contents iii
G. Vacation Pay Upon Separation..........................................................................21 H. Holidays Occurring During Vacation ..................................................................21 I. Vacation Anniversary Date Changes .................................................................21 J. Sick Leave.........................................................................................................21 K. Basis for Accrual – Full-time Employees............................................................22 L. Basis for Accrual – Part-time Employees ...........................................................22 M. Sick Leave Procedures......................................................................................23 N. Family Sick Leave..............................................................................................24 O. Abuse of Sick Leave..........................................................................................24 P. Extended Sick Leave.........................................................................................24 Q. Holiday Leave....................................................................................................24 R. Bereavement Leave...........................................................................................25 S. Maternity Leave .................................................................................................25 T. Military Leave ....................................................................................................26 ARTICLE 13. FRINGE BENEFITS ..........................................................................................26 A. General Statement.............................................................................................26 B. Health Insurance ...............................................................................................26 C. Dental and Vision Insurance ..............................................................................27 D. Life Insurance....................................................................................................28 E. Retirement Plan.................................................................................................28 F. Physical Fitness and Weight Management Program………………………………29 ARTICLE 14. GRIEVANCE PROCEDURES ...........................................................................29 A. General..............................................................................................................29 B. Definitions..........................................................................................................29 C. Step I.................................................................................................................30 D. Step II................................................................................................................30 E. Step III...............................................................................................................30 F. Step IV...............................................................................................................30 G. Step V................................................................................................................30 H. Grievance Committee ........................................................................................30 I. Appeal from the Grievance Committee ..............................................................31 J. General Ground Rules for Grievances...............................................................31 ARTICLE 15. ON-THE-JOB INJURY ......................................................................................31 A. Medical Attention ...............................................................................................31

1. Emergency.............................................................................................32

2. Non-Emergency .....................................................................................32

3. First Aid..................................................................................................32 B. Industrial Accident Reporting Procedures ..........................................................32

1. Doctor’s Referral Slip.................................................................................32 C. Industrial Accident Leave...................................................................................32

1. Amount of Leave – Probationary and Regular Employees .....................32

2. Compensation........................................................................................33

3. Extended Industrial Accident Leave .......................................................33

4. Workers Compensation Benefits ............................................................33

5. Extension of Benefits .............................................................................33

6. Availability of Personnel .........................................................................33

7. Appeals Board Appearances..................................................................34 ARTICLE 16. FULL UNDERSTANDING, MODIFICATION & WAIVER...................................34 ARTICLE 17. PEACEFUL PERFORMANCE CLAUSE...........................................................34 Table of Contents iv
ARTICLE 18. SAVINGS PROVISIONS ...................................................................................35 ARTICLE 19. IMPLEMENTATION ..........................................................................................35 ARTICLE 20. TERM ...............................................................................................................35 ATTACHMENT – A1 Rate Schedule.........................................................................................A1 MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 1 of 37 ARTICLE 1. PARTIES TO THE AGREEMENT
This Memorandum of Understanding (MOU) has been executed by a representative of the City Council of the City of Willits, hereinafter referred to as the CITY, and by representatives of the International Brotherhood of Electrical Workers (IBEW) Local Union 1245, hereinafter referred to as Local 1245.

ARTICLE 2. AUTHORIZED AGENTS
For the purpose of administering the terms and provision of this Memorandum of Understanding, the following authorized agents have been designated:

A. The City's principal authorized agent shall be the City Manager or his duly authorized representative. All notices required by this MOU shall be sent to the City at the following address:

City Manager
City of Willits
111 East Commercial Street
Willits, California 95490
B. Local 1245's principal authorized agent shall be the Business Manager of his/her duly authorized representative of Local 1245. All notices required by this MOU shall be sent to Local 1245 at the following address:

IBEW Local 1245
PO Box 2547
Vacaville, California 95696
ARTICLE 3. RECOGNITION
A. Local 1245 is hereby acknowledged as the exclusive formal recognized employee organization representative of the employee organizations covered by this MOU for the purpose of meeting and conferring in good faith under the auspices of Section 3500 et seq of the Government Code of the State of California and City of Willits Resolution No. 1974-17 governing employer-employee relations and any amendments thereto. Such representation specifically excludes management but extends to those regular positions in the Public Works, Street, Water and Sewer Departments and Office Workers (“employee”) including but not limited to those classified positions set forth in the attached Exhibit A which is hereby incorporated by reference as if set forth herein full. At the request of IBEW, the parties agree to ad hoc discussion regarding whether or not the office worker classifications should be included in this unit.

B. Local 1245 may designate one person from within the representative employee unit in each department or division (i.e. Public Works, Water/Wastewater) as a Steward. Local 1245 shall provide the City with the current names of the person selected as a Steward and Alternate.

The City can rely on the fact that a Steward has the authority to act on behalf of Local 1245, however only the Local 1245 Business Manager or his/her appointed designee (Assistant Business Manager, Business Representative) can bind Local 1245 to any decisions reached, in the same capacity as if the decision was made by the Business Manager.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 2 of 37 ARTICLE 4. UNION SECURITY/EMPLOYEE RIGHTS
The following provisions shall apply to all employees represented by Local 1245 of the International Brotherhood of Electrical Workers.

A. Employees of the City shall have the right to form, join, and participate in the activities of employee organization of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City shall have the right to refuse to join or participate in the activities of employee organizations. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his/her exercise of these rights. This Article shall supersede Resolution No. 1974-17.

B. Dues/Assessments
Any employee of the City in a classification represented by the Local 1245 who is not on leave of absence may become a member of the Local 1245. Such amounts shall be determined by Local 1245 and implemented by the City in the first payroll period after receipt of written notification of employee authorization from Local 1245.

C. Union Responsibilities

1. Local 1245 shall keep an adequate itemized record of its financial transactions and shall, by April 1 of each year, make available to the City, and to all bargaining unit employees, a detailed written financial report for the fiscal year ending the preceding December 31, in the form of a balance sheet and an operating statement, certified as to its accuracy by its president and the treasurer or corresponding principal officer, or by a certified public accountant.

2. Local 1245 certifies to the City that it has adopted, implemented, and will maintain procedures in accordance with applicable statutes, any decisions by a court of competent jurisdiction, and any other applicable legal authority.

3. Local 1245 shall indemnify, defend and hold the City of Willits harmless against any claims made and against any suit instituted against the City of Willits on account of the implementation of this provision.

E. Change of Law
In the event there is a change in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Article is rendered unlawful by any published appellate court decision, the parties hereto shall meet-and-confer within thirty (30) days to negotiate a substitute provision which conforms to said law or court decision.

F. New Employees and New Employee Orientation
In accordance with applicable state law and Assembly Bill 119 the City shall provide Local 1245 and its designated representatives mandatory access to all new employee orientations of classifications it represents. The City will work with Local 1245 to provide advanced notice, of 10 days, of the new hire orientation so an exclusive representative of Local 1245 will have access to new employee orientations for up to thirty minutes. In the event it is not possible to provide 10 days advanced notice, the City shall provide Local 1245 and its designated representative access any new hire employee(s), within (10) days of hire, for the purpose of Union orientation for up to thirty (30) minutes.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 3 of 37 Local 1245 agrees to provide the City a list of shop stewards/representative(s) that Local 1245 will use for the new hire orientations throughout the year. Once the City notifies Local 1245 of the new employee orientation, Local 1245 will identify which steward/representative will attend the new employee orientation or, alternatively, schedule to meet with the newly hired employee at a time more acceptable to operational needs, but within ten (10) days of hire.

Additionally, the City will provide Local 1245 the following information within 30 days of hiring a Local 1245 represented employee; the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and the home address of the new hire. The City will provide Local 1245 with a list of all information for all employees in the bargaining unit annually or within 120 days of written request.

G. Local 1245 Leadership and Steward Leave Time
Upon the request of Local 1245, and consistent with state law, the City shall grant employees, a leave of absence without loss of compensation or other benefits to serve as stewards, officers, or delegates of the Local 1245, or of any statewide or national employee organization with which the Local 1245 is affiliated.

Local 1245 request may be for full-time, part-time, periodic, or on an intermittent basis, and shall be specified in the request. Requests shall be made at least two weeks in advance and directed to the Human Resources Manager or their designee unless otherwise agreed to between the City and Local 1245.

During the leave, the City shall fund the retirement contributions required of the City as an employer and as specified in the MOU. The employee shall earn full-service credit during the leave of absence and shall pay his or her contributions as specified in the memorandum of understanding or collective bargaining agreement.

Local 1245 shall reimburse the City for all compensation paid to the employee on leave unless otherwise specified by the collective bargaining agreement or memorandum of understanding. Reimbursement by Local 1245 shall be made within 30 days after receipt of the City’s certification of payment of compensation to the employee.

The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by this memorandum of understanding or collective bargaining agreement and shall not serve to invalidate any provision of this memorandum of understanding or collective bargaining agreement.

At the conclusion or termination of the leave, the City shall reinstate the employee to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification.

The City shall not be liable for any acts committed or omitted, or injuries suffered by the employee which occur during the course and scope of the employee’s leave under this section. If held liable, the Union shall indemnify and hold harmless the City for any such acts.

The Union has no obligation to use leave under this section for an employee and may terminate that leave at any time, for any reason.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 4 of 37 ARTICLE 5. CITY RIGHTS AND RESPONSIBILITIES
City retains solely and exclusively, all the rights, powers, and authorities to govern and control the employer/employee relationship not expressly delegated to Local 1245. Without limiting the generality of the foregoing, the rights, powers and authorities retained solely and exclusively by City and not abridged herein, include, but are not limited to the following: To manage and direct its business and personnel; to manage, control and determine the mission of its departments, buildings, facilities, and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees; to establish work standards, schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services and to take whatever action may be necessary to prepare for and operate in an emergency. Nothing in this Article shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any law regulating, authorizing or empowering the City to act or refrain from acting.

ARTICLE 6. MEET AND CONFER IN GOOD FAITH – SCOPE
A. The City through its representatives, shall meet and confer in good faith with representatives of exclusive formally recognized employee organizations with majority representation rights regarding matters within the scope of representation including wages, hours, and other terms and conditions of employment within the appropriate unit.

B. The City shall not be required to meet and confer in good faith on any subject preempted by Federal or State law, nor shall it be required to meet and confer in good faith on Employee or City rights as defined in Articles 4 and 5 above.

ARTICLE 7. USE OF CITY FACILITIES
The City shall provide and Local 1245 shall pay for three bulletin boards for the exclusive use of Local 1245. The recognized employee organization will maintain the bulletin boards in good repair. All material must receive approval of the City Manager of his/her designated representative prior to being posted on any City bulletin board.

If the City disapproves of any material to be posted on the bulletin board, Local 1245 and City will meet and discuss over the materials being placed on the bulletin board, and if the City does not approve, the material must not be placed on the board. All material must be dated, and the organization identified that published the material.

The City reserves the right to determine where the bulletin boards are to be placed.

ARTICLE 8. WORK SCHEDULE
A. General
Every employee shall perform such services as may be directed by the City Manager or their respective Department Head or their designee even though the work may be of a different nature or in a different department from that in which the employee is normally engaged.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 5 of 37 B. Work Week
The work week for full-time employees shall be 40 hours within a calendar week beginning at 12:01 a.m. on Saturday and ending at 12:00 midnight on Friday, except subject to the approval of the City Manager, and, at his/her sole discretion, any work week schedule agreed to by the respective affected employees within a Department and their respective Department Head or Supervisor.

C. Work Day
For all full-time positions, the standard work day shall be eight consecutive hours, or any other consecutive work day hourly schedule mutually agreed to by the respective Department Head and a majority of the affected employees assigned to work such other work day schedule within the Department, subject to the approval of the City Manager at his/her sole discretion.

D. Work Day Breaks
A normal eight-hour work day for all employees covered by this MOU shall include two 15- minute breaks and either a one-half or one-hour meal break to be scheduled by the City Manager or his designated representative. Employees shall not be compensated for the meal break. All breaks except the lunch break shall be taken at or near the work site, except in emergency situations as determined by the Department Head, where the employee is required to work through the lunch break.

Subject to the prior approval of the City Manager or his/her designated representative, if an employee is required to work through the lunch break, the City will provide, at the employees' discretion, either compensatory time off or overtime pay, provided, however, the City has the right to send an employee home early that day in lieu of paying overtime or compensatory time for the amount of time actually worked by the employee during the lunch break.

E. Shift Schedule Changes
Employees will normally be given adequate advance notice of any shift schedule changes (i.e. change from day shift to swing shift or swing shift to grave shift or grave yard to day shift, etc.) except where an emergency exists. Notice will not be given less than five work days prior to the change in an employee's work schedule. If a shift changes results in a full-time employee working less than forty (40) hours in the preceding or succeeding work week, following a shift change, the employee shall be compensated for a full forty (40) hour work week at straight time.

If five work days is not given, only the first day of the new shift will be paid at overtime rates (except in emergencies).

F. Other Provisions
Provisions of the City Personnel Rules which have not been altered by this Memorandum of Understanding or subsequently changed during the term of this MOU shall govern the remaining facets of hours and overtime and other personnel administration matters. Further, City and Local 1245 shall work in partnership to promote harmony and efficiency among City employees.

ARTICLE 9. COMPENSATION
A. General
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 6 of 37

1. The City Manager shall be responsible for the preparation of a Compensation Plan following City Council approval of any adjustments in wages, fringe benefits and other matters related thereto. The Compensation Plan shall prescribe the pay range for each classification, allocate classes thereto and provide for special compensation provisions.

The Compensation Plan shall utilize a standardized salary schedule containing five steps within each schedule. Employees must be compensated at an established step within the standardized schedule.

2. Effective the first full pay period following January 1, 2025, employees covered under this agreement shall receive a four percent (4%) increase in salary.

B. Appointment Rate
Except as otherwise provided herein, all new employees, whether full or part-time, shall be compensated at the minimum rate of the salary range in effect for the class in which the appointment is made.

The City Manager may authorize appointment of new employees at a higher rate in the salary range in effect when it is determined that there is a direct and measurable benefit to the City for such appointments. Factors to be considered include: The quality and quantity of the appointee's previous training and experience; the difficulty recruiting qualified, experienced applicants; and a determination that the performance of the appointee has a significant impact on City or departmental programs and policies.

C. Compensation on Promotion
A regular or probationary employee who is promoted to a position in a class with a higher salary range shall be compensated at the entry rate of the higher salary range, or at the rate which would provide a minimum of 5 percent above the rate they were receiving prior to promotion, whichever is greater. In no event, however, shall the salary after promotion be higher than the top step of the salary range of the new position. Upon satisfactory completion of the employee's probationary period into which he/she is promoted, the employee shall receive regular status and be advanced in accordance with Article 10, Section A.

D. Compensation for Acting Appointments
Subject to the following limitations, an employee who is required and assigned in writing on the basis of an acting appointment to serve in a class with a higher salary rate than that of the class in which they are normally assigned, shall receive the entrance salary rate of the higher salary rate, or a minimum of 5 percent higher than the rate they normally receive, whichever is greater. In no event, however, shall the salary for the acting position be higher than the top step of salary range of the higher class.

Limitations

1. The acting appointment must be to a position in a higher class occupied by a regular employee on suspension or on an authorized leave of absence; or to a position for which a vacancy exists.

2. The written approval of the City Manager shall be required.

3. When an employee is temporarily assigned to work in a classification higher than his/her regular classification such employee shall be paid for the time worked in the higher MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 7 of 37 classification at the rate therefore, provided such time worked is not less than eight (8) hours during the day.

E. Compensation on Demotion

1. Demotion Based on Unsatisfactory Performance
An employee who is involuntarily demoted to a position in a class with a lower salary rate because of unsatisfactory performance shall have their salary rate reduced to the entry rate of the class to which they are demoted unless they had previously been promoted from the lower class. If promoted, the employee will be compensated at the same rate they were receiving prior to their promotion.

2. Demotion for Other Than Satisfactory Performance
An employee who is either involuntarily demoted or demoted at their own request to a position in a class with a lower salary range shall have their salary reduced to any rate in the lower salary range that does not constitute an increase in salary. Determination of the appropriate salary rate will be made by the City Manager.

3. Demotion of Y-Rated Employees
If an employee is Y-rated (i.e., salary is frozen) and requests a voluntary demotion, their salary shall be reduced by at least the amount of the difference between the maximum salary of the class from which they are being demoted and the maximum salary of the new class.

F. Transfer of Y-Rated Employees
Except for a transfer that results in a demotion covered by Section E(1) above, if an employee is Y-rated and requests a voluntary transfer, their salary shall remain the same or shall be reduced to the maximum salary of the class to which they were transferred if their salary would exceed the maximum salary for said class.

G. Reemployment of Regular Employees
On written recommendation of the Department Head and approval of the City Manager, a former employee may be reemployed in the class or position they occupied at the time of their termination irrespective of the existence of an open or promotional employment list for the class, subject to the following conditions:

1. There must be a vacant position in the class and no lay-off reemployment lists for such class.

2. The employee must have completed at least one year of continuous service in the class immediately prior to their termination.

3. The employee terminated their City employment under favorable circumstances.

4. The reemployment occurs within one year after termination.

5. The employee shall be required to take a medical examination at their own expense and as prescribed by the City Manager.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 8 of 37 The compensation of a former City employee who is reemployed in the class or position they occupied at termination shall be as determined by the City Manager but in no case shall it exceed the rate which they were receiving at termination. There shall be no reinstatement of any benefits accrued during the previous employment period.

H. Merit Increases
Salary increases within a range shall not be automatic. They shall be based on merit and are subject to a written Performance Evaluation from the Department Head to the City Manager certifying that the employee has been performing work which consistently meets and exceeds department standards and is improving in their ability to carry out their job assignment.

1. Eligibility
All employees will become eligible for merit increase consideration every 12 months after acquiring regular status until they reach the top step of the salary schedule.

2. Effective Date

Upon City Manager approval, all merit advancement increases shall be effective at the beginning of the pay period closest to the date of eligibility (i.e., the employee will become eligible for a merit increase after passing the initial probationary period and every 12 months thereafter until they reach the top step of the salary schedule). The actual anniversary date is based on the date of passing probation. Employees receiving merit increases shall be advanced to the next higher step in the salary schedule.

3. Completion of Probation
Upon satisfactory completion of the probationary period, as evidenced in writing by the Department Head and approved by the City Manager, the employee shall obtain regular status and receive an initial merit increase.

4. Failure to Obtain Merit Increase
If an employee fails to obtain a merit increase due to inadequate performance, they may request a special performance evaluation in accordance with Section 15.2.3 of the City Personnel Policies and Procedures Manual, no sooner than six months from the time of the previous review. If this special performance review indicates that for the entire period since the last review, the employee has been performing work which consistently meets and exceeds the department standards and has been improving in their ability to carry out the job assignment, the employee may obtain a merit increase upon approval of the special performance evaluation by the Department Head and City Manager. In the event a merit increase is approved, the eligibility for further merit increases shall be 12 months from the new date. If the employee does not request a special review, they shall be reviewed at the next regular annual date.

5. Part-Time Employees
Part-time employees in positions with a multiple step salary schedule shall be eligible for salary increases within the salary range upon completion of 1560 straight-time hours of service.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 9 of 37

6. Performance Evaluations Received After Anniversary Date Every effort will be made to deliver a performance evaluation prior to the employee's anniversary date. In the event a favorable evaluation is received after the employee's anniversary date, pay shall be retroactive to anniversary date.

I. Regular Appointment from a Temporary Status
Notwithstanding any other provisions of this MOU, a temporary appointee in a class who, without a break in service, receives a probationary appointment to a position in the same or different class shall be eligible for consideration for a merit salary advance upon satisfactory completion of the probationary period, as evidenced in writing by the Department Head and approved by the City Manager. However, the employee shall accrue leave benefits from the date of the temporary appointment.

J. Appointment to a Reclassified Position

1. Class with Same Salary Range
If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate of the employee shall not change. This provision shall also apply to a change of class title, provided there is not a change in the basic duties of the position.

2. Class with Higher Salary Range
If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, they shall be compensated at the entry rate of the higher salary range or at the rate which would provide a minimum of 5 percent above the rate they were receiving prior to reclassification, whichever is greater. In no event shall the employee receive a salary higher than the top step of the new range.

3. Class with Lower Salary Range
If the position is reclassified to a class with a lower salary range than the previous class and if the incumbent is appointed to the reclassified position, their salary rate shall not change. If their salary is greater than the maximum rate of the lower salary range, their salary shall be Y-rated (i.e., salary is frozen) and shall not change during the continuous regular service until the maximum of the new range exceeds the salary of the employee.

K. Overtime Compensation
For assigned overtime worked, all employees covered by this MOU must be granted equivalent compensatory time off, or paid overtime at one and one-half the hourly rate of pay in accordance with the Fair Standards Act or amendments thereto.

L. Compensatory and Overtime Regulations

1. Overtime Regulations
Overtime is defined and regulated as follows:

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 10 of 37 a. Except as provided herein, overtime is defined as any assigned and scheduled work time in excess of: 1) the basic work week, as defined in Article 8, Section B; or 2) any other work day schedule agreed to by a Department Head and affected employees that is approved by the City Manager. The City shall not be required to pay overtime compensation more than once for any single period of time worked. Overtime shall be compensated to the one-quarter hour. b. Overtime must be authorized in advance by the Department Head and approved by the City Manager, or his/her designated representative. c. Authorized call back overtime shall be a minimum of two (2) hours. Call back duty requires the employee to respond to a request to return to his/her work station after they have left the normal work station or prior to the beginning of their next scheduled shift. Those periods of overtime which had been scheduled by the Department Head prior to the end of the normal scheduled work shift are not considered call back (call out) duty.

2. Compensatory Time Off
a. Regulations

1. All employees covered by this MOU will be eligible to accumulate compensatory time off up to a maximum of one-hundred and twenty (120) hours accrued at a rate of time and one-half.

2. All compensatory time off earned in excess of one-hundred and twenty (120) hours will be paid off at the one and one-half (1.5) time rate.

3. Upon prior approval of the employee's Department Head, an employee shall have the option of accepting either compensatory time or time and one-half pay for overtime earned in accordance with this policy.

4. Compensatory time accumulated shall only be taken at the employee's request and in accordance with the scheduling and authorization of the employee's respective Department Head.

5. In case of overtime hours worked on regular days of work, an employee will only receive overtime compensation at the overtime rate of one and one-half times when the actual hours worked exceed 40 in a work week and the employee is physically on the job site.
b. Eligibility
In order to qualify for compensatory time or overtime pay, the employee must be physically on the job site for a regular forty-hour work week. Family sick leave, bereavement leave, leave without pay or other forms of time off from the job, with the exception of sick leave, holidays, vacation, compensatory time off, or Industrial Accident Leave shall not count towards the accumulation of compensatory time off or overtime pay at the one-and one-half-time rate. c. Regularly Scheduled Day Off
Time worked on a regular day off will be compensated at the overtime rate of one and one-half times for the hours worked or as compensatory time off.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 11 of 37 M. Miscellaneous Compensation

1. Standby Duty. The following provisions shall apply to all regular and probationary employees. Standby duty requires the employees to be so assigned by the Department Head or his/her designee.
a. To be ordered in writing to be ready to respond immediately to calls for their service.
b. To be reachable by pager, beeper, radio, or telephone at all times. c. To remain within a reasonable distance from their work station. d. To refrain from activities which might impair their ability to perform assigned duties.

If an employee is on “standby duty”, they will be compensated for three (3) hours of straight time pay per day. In addition, if called out, an employee shall receive a minimum of two (2) hours at the prevailing overtime rate if the call out is for less than two (2) hours or shall be compensated at the prevailing overtime rate for the hours actually worked, if greater than two (2) hours.

N. Longevity Pay

1. Upon the 5th anniversary date of employment, and each year thereafter on their anniversary date, a full-time employee with the City of Willits will receive $750 per year.

2. Upon the 10th anniversary date of employment, and each year thereafter on their anniversary date, a full-time employee with the City of Willits will receive $1,500 per year.

3. Upon the 15th anniversary date of employment, and each year thereafter on their anniversary date, a full-time employee with the City of Willits will receive $3,000 per year.

O. Court Time
Employees who are required to appear in court on behalf of the City, and are approved by their Department Head, during their off-duty hours, shall receive overtime compensation for the number of hours they spend in court, with a minimum of one and one-half hours at time and one half pay (i.e., 2.25 straight-time hour minimum).

In the event an employee is required to appear in court while on sick leave, the total sum of sick leave and court time shall not exceed 8 hours for any single work day.

P. Approval of Overtime
The City shall not be liable for the payment of any compensation to any employee for any hours not documented on the employee's time records and approved by the employee's Department Head.

Q. Jury Duty
An employee, who is summoned to serve on a jury, must notify his or her supervisor or department head as soon as possible after receiving notice of both possible and actual jury service MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 12 of 37 in order to receive time off for the period of actual service required on such jury. Employees shall be paid their regular salary for their jury service.

The time spent on jury duty is work time for purposes of calculating overtime compensation.

R. Witness Fees
No deduction shall be made in the salary of an employee who is subpoenaed to testify in any judicial or administrative proceeding as a material or expert witness if they remit to the City any fee received for being a witness. If the employee chooses to retain the witness fee, they will be charged compensatory time off, vacation time, or be placed on a leave without pay status for time spent testifying. If the employee incurs personal mileage expenses while appearing as a witness, they may retain that portion of the witness fee attributable mileage and remit the difference to the City. An employee subpoenaed to appear pursuant to an official subpoena shall immediately notify their Department Head in writing as to whether or not they will remit the witness fee to the City and, if not, their status while serving as a witness. In addition, employees served with subpoenas shall notify the City Manager's office immediately upon being served.

S. Uniforms
When required by the City, employees shall wear the uniform provided by the City.

Uniforms shall consist of five (5) shirts and five (5) pants. Should an employee elect to not utilize City provided uniform pants, the City will reimburse the employee for the cost of work pants per fiscal year with an “up to” reimbursement amount of three hundred fifty dollars ($350). The City will provide eligible employees with a boot allowance in the amount of $300 annually, reimbursable with proof of purchase of the boots. Employees may purchase multiple pairs of boots during the year, with reimbursement, up to the $300 annual reimbursement amount.

To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the uniform provided above for classic members (as defined by CalPERS). For classic members, the City and employees will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. For example, classic members will be required to make the required employee contribution on this amount. Pursuant to CalPERS regulations, the value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not count as special compensation.

T. Use of City Vehicles
An employee must obtain advance written permission from the City Finance Officer or the City Manager to use a City gasoline credit card for gas. Any out-of-pocket expenses incurred in using a City vehicle, such as parking, tolls, or emergency repairs, shall only be reimbursed upon approval of the City Finance Officer and upon the presentation of receipts verifying expenditures.

Except upon prior approval of the City Manager, only City employees can drive or be a passenger in a City vehicle.

U. Use of Private Vehicle
If an employee is authorized by the City Manager to use their private vehicle on City business, they shall be compensated at the maximum rate allowed by the Internal Revenue Service. No employee shall use a private vehicle for City business unless the employee has provided the City Manager or his/her designee with written verification that the vehicle is insured by law.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 13 of 37 V. Air Travel
Where an employee is authorized to fly by commercial airline, the ticket shall be by economy fare. The City shall reimburse the employee for actual bus, shuttle or cab fares incurred for travel to and from the airport. All fares shall be approved in advance in writing by the City Finance Officer.

W. Lodging
Employee's lodging expenses will be paid while traveling on City business. Employees are expected to be reasonable in the selection of accommodations. All such lodging expenses shall be approved in advance in writing by the City Finance Officer.

X. Meal Allowance
Any employee traveling on City business shall receive in addition to transportation and lodging expenses, a meal allowance (MA) to cover meals. The total allowance will be granted to the employee before they leave. The amount set for MA shall be considered fair reimbursement and the employee shall neither be required to account for use of the MA, return unused portions, nor claim additional expenses for these items.

The MA shall include $12.00 for breakfast, $16.00 for lunch and $25.00 for dinner for a daily total of $53.00.

An employee shall be eligible for breakfast MA if they are required to travel on City business prior to 7:30 a.m. in order to reach their destination on time, and dinner if they are required to travel on City business after 6:30 p.m. The employee may be authorized a dinner MA if they are required to travel on City business the evening prior to a conference, meeting or class.

An employee shall not receive a MA when that meal is included in the registration cost of a conference or class. Conversely, if a meal is included as part of the conference, but the cost is additional (i.e., League of California Cities Annual Conference luncheons), the employee may be reimbursed the additional out-of-pocket expenses for the meal provided receipts are turned in to the Finance Officer.

A City employee who is required to work for eight (8) straight hours in a row, without benefit of a meal break, may be reimbursed at the appropriate rate provided herein for one meal payable to either the employee or restaurant.

Y. New Class Series All new class series created pursuant this article and/or through a separate meet and confer process shall be considered covered by this MOU and shall be incorporated into to the classification schedule that is attached to this MOU as soon as administratively possible.

Z. CERTIFICATION/LICENSE FEES

1. Employees who are required as a condition of employment or continued employment to obtain state certification or licensing in the field in which they are employed by the City shall be reimbursed by the City for the annual cost of such certificate(s) or license(s).

2. Employees of the City who endeavor to attain the higher levels of certification shall be entitled to additional compensation for possession of, and agreement to use, certification as follows MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 14 of 37 for the term of this agreement:

Certificate Number Eligible Compensation
Backflow 2 2.50%
Dual Certification - Water/Wastewater 6 2.50%
Street Sweeper Any Assigned to PW 2.50%

3. The City will authorize up to 2 individuals in Water to hold, maintain and utilize Backflow certification.

4. The City will authorize up to 6 individuals in Water and up to 2 individuals in Wastewater to hold, maintain and utilize dual certification.

5. If a situation exists where more than the allotted number of authorized personnel in a department/commodity possess the certification described above, such as during the implementation of this item, the additional certification pay will be granted to the individuals in each department/commodity based on City seniority.

AA. COMPENSATION STUDY

1. The City will conduct and complete a total compensation study, utilizing third party consultant Bryce Consulting, for the next round of negotiations in 2026. The City and Union agree to either use existing benchmarks utilized in prior compensation survey:

City of Eureka
City of Fort Bragg
City of Fortuna
City of Lakeport
City of Santa Rosa
City of Ukiah
Lake County Special District
* or meet and confer over reasonable benchmark cities.

ARTICLE 10. EMPLOYEE STATUS
A. Definitions

1. Probationary – A new employee being evaluated for a twelve (12) month period of time.

2. Regular – A full-time or part-time employee who has successfully completed the specified probationary period, retained in that appointed position and occupying a position that is individually authorized in the budget and which is expected to exist indefinitely.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 15 of 37

3. Temporary – An employee who has been appointed for a limited and specified period of time, either full or part-time.

4. Full-Time – An employee who works the normal 40-hour work week.

5. Part-Time Half Time – An employee, who is employed regularly, works at least 20 hours or more per work week.

Part-Time Less than Half Time – An employee who is employed regularly but working no more than 19 hours per work week.

B. Probationary Period or Promotions
The probation period shall be regarded as part of the initial selection process and shall be utilized for closely observing the employee's performance; for securing the most effective adjustment of an employee to their position; and for reviewing the performance of any employee who does not meet the required standards of the position to which they were appointed or promoted.

During the probationary period, or an extension thereof, an employee may be rejected at any time by the Department Head without cause and without the right of appeal, notwithstanding any previous probationary period evaluations which may have indicated the employee was progressing satisfactorily. Notification of rejection shall be furnished the employee in writing and a copy shall be retained in the employee's personnel file together with such other forms as may be prescribed by the City Manager.

1. Probationary Period Length
The initial probationary period for all new employees shall be twelve (12) months.

All promotions, transfers, and reappointments will be subject to a six-month probationary period. During this six-month probationary period employees will continue to be considered regular employees, will accrue seniority, and shall be protected in discharge procedures as other regular employees. Date of hire is always used for benefits and vacation and sick leave accruals, except in circumstances where alternate procedures are specified herein.

In cases where a promoted, transferred or reappointed employee, has not met the requirements for completing probation, but where the Department Head has evidence that the employee has the capability of meeting those requirements if given more time, the Department Head may extend the probationary period an additional six months, but in no event shall the total probationary period exceed one (1) year. Such extensions shall be documented in the manner proscribed by the City Manager.

2. Probationary Period Length – Part-time Employees
The initial probationary period for all part-time positions shall be twelve months in duration (a twelve-month period shall be defined as 260 workdays provided, however, the employee works a minimum of 1040 hours during the twelve-month period). If a part-time employee is transferred to a full-time position, hours accumulated during the part-time employment will be credited towards the full-time requirements for the probation period.

C. Regular Status – Initial Entry or Promotion
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 16 of 37 When an employee first receives regular status, the employee shall be advanced to the next pay step in the employee's pay range.

D. Seniority
Seniority means the length of an employee's continuous service with the City as of the date of hire. An employee who has not completed the initial probationary period shall not be considered to have seniority and shall not be considered a regular employee.

The City shall post the seniority list and supply employees with copies on January 1st and July 1st of each year. Preference in vacation scheduling shall be by seniority within classes, provided requests are made before April 15th of each year.

An employee's continuous service record (seniority) shall be broken by voluntary resignation, discharge for just cause, and retirement. However, if an employee returns to work in any capacity within one year, the break in continuous service shall be removed from their record, and the employee will begin accruing seniority without loss of previous accrual (not to include the period of leave or separation).

E. Transfers
Employee requests for transfers from one job classification to another shall be given consideration when a suitable vacancy occurs in the same class. Requests, including a resume of qualifications from employees for transfers from one department to another, shall be made in writing and shall be directed to the employee's present Department Head with copies to the appropriate Department Head or the City Manager.

F. Separation
Upon separation of any employee for any reason, the employee shall be paid a lump sum payment for all earned but unused compensatory time off, holiday and vacation credits.

Before separation, all employees must complete an exit interview with their Supervisor, Department Head or the City Manager (the employee is given the choice). The purpose of this interview is to clarify the factors leading to the separation for the benefit of both the employee and employer. A summary of this interview shall be prepared on a form provided by the City, signed by both parties, and placed as the final document in the employee's personnel file.

Before an employee's termination date, they must complete the separation clearance (returning all equipment, keys, etc.). If the employee's termination date does not coincide with the last day of a pay period, the employee will receive compensation for time worked based on an hourly pay schedule.

1. Layoff
If there are changes in the organization, or lack of work or funds, the City Manager may lay off employees.
a. Employees shall be given not less than ten working days' written notice and shall be laid off in inverse order of their seniority in their classification. b. Any employee who is laid off and who had advanced to their present classification from a lower classification in which they held a regular appointment shall be given a position, if available, in the lower classification in the same MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 17 of 37 department. Availability of such a position shall be defined as a position authorized and budgeted. If a lower classification position is not vacant, the employee being laid off from the higher position shall automatically have the right to occupy the lower classification and an employee occupying the lower classification shall be laid off instead.
c. Seniority in the lower classification shall be established according to the date of original appointment to that class, except those employees who previously occupied a position of a higher class, but occupy the lower classification due to layoffs, shall have a higher seniority.
d. Employees shall be called back from layoffs according to seniority in the class from which the employees were laid off within the department. e. No new employee shall be hired in any class until all employees who have been laid off within the immediately preceding 12-month period and who are on layoff reemployment status in that class have had the opportunity to return to work. f. An employee on layoff status shall accept or decline in writing an opening within 5 working days following notice of an available position. They must be prepared to return to work within 10 working days of accepting a position. Such notice shall be provided to the employee at his/her last address set forth in the employees personnel file.

2. Resignation
If circumstances make it necessary for an employee to resign, a written resignation shall be submitted to the Department Head and the City Manager. The resignation shall state the reason for resigning and give at least 10 working days notice.

3. Termination for Medical Reasons
When it is determined, on the basis of a medical examination, that an employee is incapable of performing the duties of their position satisfactorily because of a physical or mental impairment which is likely to continue indefinitely or to recur frequently, the appointment may be terminated.

ARTICLE 11. HIRING AND PROMOTION
A. General

It is the intent of the City that job openings other than entry level job openings shall be filled by promotion of qualified City employees. For all entry level job openings, the City shall be free to recruit both in-house and outside simultaneously.

B. Selection Process – Regular Employee – Non-entry Level Job Openings

1. Notice: Application Period

When a non-entry level job opening is to be filled, a notice of such opening listing minimum qualifications shall be placed on all designated employee bulletin boards for a period of not less than one (1) week. Beginning immediately, the City will implement a new practice of communicating upcoming job openings to all employees approximately one month prior to the recruitment posting.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 18 of 37

2. Consideration of Regular Employee Applicants
To be considered under this Article, the applicant must be a regular employee as defined in Article 10.A.2. The selection procedure for each job opening will be administered by the Human Resources Department. Selection procedures may include any or all of the following:
a. Application on forms specified by the City.
b. Determination if candidate meets minimum qualifications. c. Performance testing (i.e., as typing, machinery, vehicle operation, communicating).
d. Written testing – achievement or aptitude.
e. Interviews – conducted by an interview panel.
f. Performance appraisals written by candidate's supervisor. g. City and/or classification seniority.
h. Experience in field or related field in which applicant is applying.

3. Make up of Oral Interview Panel for Promotional Jobs All job openings for classifications listed in Exhibit A shall be considered promotional job openings except for those job classifications listed as entry level jobs in Subsection 11.D.1. Interview panels are generally comprised of a 3- member panel, typically with two internal members and one external member.

Every reasonable effort will be made to maintain this composition.

4. Passing Tests/Interviews: Meeting Minimum Job Qualifications Any person not scoring a passing score on each and every selection criterion used for a job opening for which a minimum passing score is required shall be disqualified for that job opening. Percentages required to obtain a passing score on each and every selection criteria used for a job opening shall be listed on job opening notices. Any employee who fails to pass all the steps in the selection process or who fails to meet the minimum qualifications for a job opening is not eligible to apply for the same job opening if and when it is opened to outside applicants.

5. Awarding of Position
Candidates who meet the minimum job qualifications and who successfully complete all phases of the selection procedure, will be recommended to the appointing authority. The appointing authority (City Manager or his/her designee) may choose any one of the top three (3) applicants to fill the position.

If more than one (1) position is open in that classification, the selection is made from the top three (3) applicants. The second and subsequent selections are made from the top three (3) applicants existing after the preceding selection is made.

The top three (3) applicants are those applicants who have the highest average scores. Scores will be rounded to the nearest whole number. If two (2) or more applicants have the same average score, then the one having the greatest City seniority will be considered to have the higher score.

C. Selection Process – Outside Applicants – Non-entry Level Job Opening MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 19 of 37

1. The City will seek applications from outside applicants when any of the following occurs:
a. When no regular City employees apply for the job opening. b. When no regular employees pass all tests and oral interviews and meet all minimum job qualifications for the job opening.
c. When all regular employees who were offered the job do not accept the job offer.

2. Who May Apply, Notice
Regular City employees are expected to apply under Article 11.B.2, Selection Process; however, all regular City employees who did not apply under the procedure set forth in Article 11.B.2 above may apply with the outside applicants for a job opening. A notice of the job opening shall be posted on all designated bulletin boards.

3. The same standards and criteria shall be used and considered in all tests and interviews under Section 11.B.2 except that the make-up of the oral interview panel members may change.

D. Selection Process – Entry Level Job Opening

1. The City shall seek applications concurrently from in-house and outside applicants for the following listed entry level job classification: Public Works Maintenance Worker

2. Notice of Entry Level Job Opening
An entry level job opening notice shall be posted on all designated bulletin boards. All regular City employees may apply with outside applicants for an entry level job opening.

3. Awarding of Entry Level Position
An applicant who meets the minimum job qualifications, and who has passed all tests and oral interviews given, shall qualify to be considered as herein after provided. The City Manager will be sent a list of the qualifying applicants. The City Manager may choose any one of the qualifying applicants to fill the position.

E. CROSS TRAINING

1. The City and Union agree to meet and confer on cross training for water and wastewater classifications, no later than March 1, 2025. This would require changes to existing classifications and additional compensation.

ARTICLE 12. ATTENDANCE AND LEAVE BENEFITS
A. Attendance
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 20 of 37 Employees shall be in attendance in accordance with the provisions of this MOU. All Departments shall maintain daily attendance records for employees who shall be reported to the Finance Department on the forms and dates specified by the Finance Director.

B. Anniversary Date
For the purpose of computing entitlement to vacation and sick leave accrual, an employee's continuous service shall be based on the effective date on which they received their initial probationary appointment to the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes, subject to the provisions contained herein.

C. Vacation

1. The purpose of vacation leave is to provide a rest period which will enable the employee to return to work physically and mentally refreshed. All employees shall be entitled to accrue vacation leave with pay except the following:
a. Employees having temporary, seasonal, or less than half-time appointments.
b. Employees on leave of absence without pay or suspension without pay.

2. Vacation may not be taken in excess of that actually accrued. Accrued time may be used during the initial probationary period with approval from the Department Head.

The Department Head shall schedule and approve all vacation leaves for employees taking into consideration whenever possible the seniority and wishes of the employee.

Vacation leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour.

3. Subject to approval of the Department Head and City Finance Officer, employees may make a request to the City Manager for cash in lieu of vacation accrual on a case by case basis.

In compliance with IRS regulations, employees must make an irrevocable election to receive a cash payment of vacation leave hours prior to accruing those hours. Employees must submit an irrevocable election form to Human Resources no later than December 31 of the year prior to the year in which the vacation leave will be accrued and paid out. An employee may cash out the apportioned hours throughout the year, limited to the amount of vacation leave accrued as of the time of the cash out. For example, a full-time employee accruing eighty (80) hours of vacation leave per year accrues at a rate of 3.0769 hours per pay period. It will take this employee seven (7) pay periods to accrue twenty (20) hours sought to be cashed out. Therefore, the employee could not receive a cash payment for twenty (20) hours until the eighth pay period of the year. In no event will apportioned hours be carried over from one calendar year to the next.

D. Basis for Accrual – Full-time Employees
Vacation shall be credited as earned vacation for each biweekly pay period of service or prorated for each fractional period in accordance with the table below.

Equivalent Annual Length of Continuous Biweekly Accrual Rate Service Accrual Rate Hours Days
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 21 of 37 0 – 3 years 3.08 hours 80 10
3 yrs, 1 day – 9 yrs 4.62 hours 120 15
9 yrs, 1 day – over 6.15 hours 160 20
15 yrs, 1 day – over 7.69 hours 200 25
E. Basis for Accrual – Part-time Employees
An employee having a probationary, regular or acting appointment that is less than full time but is half time or more shall accrue vacation leave with pay in proportion to the percent worked.

F. Limit on Accumulation
Whenever the sum of an employee's current and deferred vacation exceeds that employee's equivalent annual accrual rate for two years, they shall lose that portion in excess of two years and be compensated for it at the workday rate of pay in effect on the last day of such total accumulation with the following exception: With the approval of the Department Head, an employee may accrue vacation in excess of the two year limit provided all such excess accumulation is taken within three (3) months. In no event, however, shall an employee be paid at a higher rate for such excess accumulation by deferring use of said excess than they would have received had they been compensated for the loss as above.

G. Vacation Pay Upon Separation
Any employee who has accrued vacation leave, and whose employment terminates, shall be compensated for such accrued vacation based on the hourly equivalent of the salary they were receiving at the time of their termination.

H. Holidays Occurring During Vacation
In the event one or more holidays observed by the City falls within the period an employee is on vacation leave, such day or days shall not be charged against the vacation accrual.

I. Vacation Anniversary Date Changes
Any leave of absence without pay or suspension without pay shall result in a new vacation anniversary date. Such date shall be based on the employee's original vacation anniversary date plus the number of consecutive days of the leave of absence without pay or suspension without pay.

J. Sick Leave
The purpose of sick leave is to allow continuation of pay while an employee recuperates from an illness, or other health-related reason causing absence. It is also intended to provide employees with the assurance of pay in order that they may be away from the job to avoid exposing others to illness.

Sick leave is defined as the necessary absence from duty of an employee because of:

1. For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.

2. For the diagnosis, care, or treatment of an existing health condition or MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 22 of 37 preventative care for an employee’s family member, including:
o Spouse or Registered Domestic Partner.
o Child (including a biological, adopted, or foster child, stepchild, legal ward, or, o Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.) o Grandparent.
o Grandchild.
o Sibling.

3. Sick Leave may be used to obtain any relief or services related to be a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
o A temporary restraining order or restraining order.
o Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
o To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
o To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. o To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
o To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

K. Basis for Accrual – Full-time Employees
Regular full-time employees are eligible to accrue sick leave at the rate of one day per month (or 3.69 hours per biweekly pay period) with the following exceptions:

1. Employees having temporary, seasonal, or less than half-time appointments.

2. Employees on leave of absence without pay or suspension without pay.

3. Sick time may be used during an employee’s probationary period with approval from the Department Head.

4. Sick leave may be accrued with an unlimited accumulation.

L. Basis for Accrual – Part-time Employees
An employee having a probationary, regular or acting appointment that is less than full-time but is half-time or more shall accrue sick leave at the rate proportional to hours worked by a fulltime equivalent, based on their regular work week salary and shall not include overtime hours.

M. Sick Leave Procedures
Sick leave may not be taken in excess of that actually accrued. Continuance of pay during absence from duty due to sickness or other approved reasons, shall depend upon compliance with the following procedures:

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 23 of 37

1. On the first day of absence from duty, the employee, or someone on their behalf, shall notify the City of the reason for such absence. If the duration of the illness lasts longer than one day, the employee must notify the Department Head daily.

2. Within 36 hours after returning to duty such employee shall fill out, and file with the Department Head, a written report and request for approval of the absence as sick leave.

3. An employee may be required to furnish a certificate from a licensed physician or practitioner to support their sick leave claim.

4. Except for industrial accidents as provided in Article 15(c)(1), when an employee receives California State Disability Insurance as a result of an on the job injury or illness, the City will pay the difference between the benefit and full pay, limited to accumulated sick leave. The employee must report the amount of payment and the period which it represents to the City.

5. Any fraction of time over an hour shall be charged to the next quarter (.25) hour.

6. An employee who is admitted to a hospital or confined to bed under medical orders while on vacation leave may have the period of illness charged to their accumulated sick leave instead of vacation leave if, immediately upon return to duty, the employee submits to the Department Head a written request for sick leave and a written statement signed by their physician describing the nature and dates of illness and the period of disablement, and the Department Head recommends and the City Manager approves the granting of such sick leave.

7. Sick leave shall not be applied to absences which occur on a day designated as a City holiday.

8. If an employee works anytime, either on their regular shift or overtime on a day in which they take sick leave, the combination of hours worked, and sick leave shall not exceed 8 hours.

9. In cases of disability certified by an employees' personal physician, the City has the right to obtain a second medical opinion to confirm the employee's ability or inability to work. Such examination will be performed by a licensed physician of the City's choosing and at the City's expense. The consulting physician shall submit a written report to the City Manager, who will make all final decisions with regard to granting sick leave benefits.

Employees who refuse to submit to such an examination may become ineligible for sick leave benefits (for the particular disability in question).

10. At such times as an employee exhausts all of their sick leave benefits, accrued compensatory time, holiday and vacation credits may be used to continue pay during the remainder of the sick leave. Medical progress reports may be required prior to approval of such payments.

11. It shall be the employee's responsibility to maintain good health. This includes seeking competent medical attention in the event that an illness lasts longer than three days as well as periodic physical checkups to detect potential illness or to control chronic health problems.

12. The provisions of this MOU applicable to vacation anniversary date changes arising from the granting of a leave of absence without pay or suspension without pay shall also apply to sick leave anniversary dates.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 24 of 37

13. Upon PERS retirement from the City with at least five years of continuous service, an employee will be paid for one half of their accumulated sick leave to a maximum payment for 1,000 hours.

N. Family Sick Leave
Family sick leave may be used when it is necessary to attend an ill child or stepchild or run and maintain the household when the spouse is ill or otherwise disabled and unable to perform the duties necessary to maintain the home. This includes pregnancy and childbirth by the spouse.

O. Abuse of Sick Leave
Sick leave is a privilege granted to employees and abuse of this privilege will neither be tolerated nor condoned.

Department Heads will be responsible for controlling the use of sick leave by employees to the extent of requiring physician's certifications or other evidence of illness, injury, appointments, etc.

If the Department Head does not consider the evidence adequate, he/she shall disapprove the request for sick leave and indicate on the proper forms that such absence may be imposed by the Department Head when an employee fraudulently obtains sick leave or abuses the sick leave privilege.

P. Extended Sick Leave
On written request of the employee and recommendation of the Department Head, the City Manager, subject to the work demands of the City, may authorize a leave of absence without pay for the purpose of recovering from an illness or injury provided:

1. The employee has used all his/her accumulated sick leave; and

2. The employee furnishes to the Department Head a certification from the attending physician to support the sick leave claim.

Q. Holiday Leave
Subject to the provisions contained herein, the following days shall be observed as paid holidays by all employees in regular positions except personnel whose work assignments, in the judgment of the Department Head, require their presence on the job.

For each approved, designated holiday, employees required to remain on the job shall receive straight time holiday pay plus either overtime compensation at the rate of one and onehalf (1.5) pay or a day in lieu of time off or compensatory time, whichever the affected employee chooses.

Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following Thanksgiving
Christmas Eve Day December 24
Christmas Day December 25
New Year’s Day January 1
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 25 of 37 Martin Luther King Day 3rd Monday in January
Presidents Day 3rd Monday in February
Memorial Day Last Monday in May
Three Floating Holidays Scheduling subject to Department Head Approval In addition to requiring Department Head approval, use of floating holidays must be no later than the last regularly scheduled pay date prior to June 30th of each fiscal year or such floating holidays shall be forfeited.

When a designated holiday occurs on an employee's first regular day off, the previous day will be observed instead. When it falls on the employee's second regular day off, the following day will be observed instead.

In addition to the designated holidays listed above, other days or portions of days may be authorized by official proclamation of the Mayor. The Mayor may take such action to coincide with special holidays declared by the President of the United States, the Governor of the State of California, or when, in the opinion of the Mayor, a significant local event merits such action.

R. Bereavement Leave
Bereavement leave is defined as the necessary absence from duty by an employee having regular or probationary appointment because of the death of a member of their immediate family or because their attendance is needed to attend to the critical illness of a member of their immediate family where death appears imminent. The Department Head may require proof of death or such illness.

For purposes of this section, immediate family shall mean: spouse, parent, child, sibling, mother-in-law, father-in-law, grandparent, brother-in-law, sister-in-law, grandchild, aunt and uncle.

Bereavement leave without deduction shall be limited to five (5) working days per calendar year for bereavement. However, upon prior approval (prior approval may be obtained by telephone) or the City Manager or his/her designee or the employee's Department Head, an employee may take additional work days for bereavement purposes as defined herein subject to the condition that such additional days shall be deducted or charged against accumulated sick leave, compensation time, vacation or leave without pay.

An employee serving their initial probationary period who takes leave under this section and, for any reason terminates City employment prior to the completion of such probationary period, shall have their final paycheck reduced by the value of the leave they have taken.

S. Maternity Leave
Maternity leave shall not exceed the maximum period provided by law and shall be covered by sick leave to the extent the employee has it accrued during the period that the employee's doctor certifies she is unable to work. The employee will be required to provide written certification before such payments are made. The length of leave, both prior to and after delivery, is a decision to be made by the woman and her doctor. Any time taken before or after the certified period of disability must be taken as compensatory time, vacation leave, or leave without pay, and regulations governing these forms of leave shall apply.

The employee must notify the City Manager in writing of the intention to return to work (including date of return) at least ten working days prior to the commencement of her maternity leave. Within 15 days after delivery, she must reaffirm her intention to return to work in order to MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 26 of 37 assure that her position will be held open. An employee who confirms the intention to return to work, in accordance with the above, shall have the position held open until the date specified in the statement of intention, after which reinstatement shall be dependent upon the availability of a suitable vacancy. Vacancies created by such leave, if filled will be by temporary or conditional appointments.

During the disability periods of maternity leave, vacation leave, seniority, and time towards annual evaluation shall accrue. In addition, health and other insurance benefits will continue without interruption. During periods of absence without pay, health, dental and life insurance benefits will be discontinued. However, the employee will have the option of picking up health insurance at their own expense (group rate) for a period not to exceed the duration of the approved leave.

During periods of leave without pay, standard rules governing seniority accrual, leave and fringe benefits under leave without pay shall apply.

T. Military Leave
An employee having probationary or regular appointment shall be entitled to such benefits as are provided in the State of California Military and Veterans Code (Section 395 et seq). An employee requesting such military leave shall immediately, or as soon as possible, upon receiving his/her military orders present a copy of their military orders to the Department Head prior to the beginning of leave.

ARTICLE 13. FRINGE BENEFITS
A. General Statement
Every new employee shall have explained to them the benefits available, the eligibility requirements, limitations and coverage. Part-time and seasonal employees do not qualify for fringe benefits, with the exception that regular part-time employees meeting the eligibility criteria are eligible for PERS retirement.

B. Health Insurance
Full-time employees and dependents will become eligible for the City’s health insurance on the first day of the month coinciding with or following date of hire.

1. Eligibility
Full-time employees and dependents will become eligible for the City’s health insurance on the first day of the month coinciding with or following date of hire.

The City provides medical insurance through the California Intergovernmental Risk Authority (CIRA). The plans available to the City and its employees are determined by CIRA. Should CIRA discontinue a plan, the City’s only obligation is to provide a replacement plan from those made available as determined by CIRA.

2. High Deductible Health Plan with Health Savings Account The City provides the CIRA High Deductible Health Plan (HDHP) with a Health Savings Account (HSA) at no premium cost for full-time employees and any eligible dependents.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 27 of 37

3. HSA Account
As soon as administratively feasible following Association ratification and City Council approval of this MOU, the City will pay the 2021/2022 deductible toward a CIRA HSA (Health Savings Account) for employee and dependents. Each July thereafter the City shall deposit into each employees’ HSA the full amount of the annual deductible.

Employees may make tax exempt contributions to an HSA in accordance with IRS allowable amounts and provisions.

4. EPO Plans
Employees choosing a CIRA sponsored EPO plan shall be required to pay as a monthly premium contribution as follows:
2025 Plan Year*
Employee Contributions EPO 250 EPO 500
Single
(Per Pay Period) $63.00 $0.00
Two Party
(Per Pay Period) $139.00 $7.00
Family
(Per Pay Period) $251.50 $63.51
*Effective upon ratification by IBEW and City Council approval of MOU.

5. Employee Contribution Calculation
For employees selecting an EPO plan in lieu of the no cost City HSA plan the employee monthly contribution shall be calculated by taking the monthly premium for the applicable EPO plan and deducting the City monthly contribution toward the HSA plan the employee would otherwise be eligible for plus 1/12th of the annual City contribution amount toward HSA accounts by enrollment category.

In the event the City contribution, as calculated above, exceeds the premium amount for the plan selected by the employee, the employee contribution shall be zero. In no event shall there be cash back to the employee.

6. Cash in Lieu
City offers a dollar amount equal to 20% of total premium based on lowest cost plan (HDHP-HSA), by enrollment category, in lieu of medical insurance.

C. Dental and Vision Insurance
Full-time employees and dependents will become eligible for the standard dental and vision insurance plans offered by the City’s dental and vision insurance provider on the first day of the month coinciding with or following date of hire, the City will pay 100% of the premium.

In addition, the City agrees to pay any and all standard dental and vision premium rate increases for the term of the Memorandum of Understanding.

D. Life Insurance
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 28 of 37 All full-time employees are eligible for the standard life insurance plan offered by the City's life insurance provider. The effective date of coverage is determined by provider's eligibility rules.

The City will pay 100% of the premium from the date of eligibility.

E. Retirement Plan

1. Membership in the Public Employees Retirement System (PERS) plan is mandatory from date of employment, except for the following:
a. When full-time, part-time, seasonal, or limited term employment is limited to less than 1000 hours per fiscal year.
b. When part-time appointment is limited to less than 20 hours per week. c. When otherwise required by the PERS plan. See PERS Procedure Manual for more detailed information.

Pension Reform Act of 2013 (PEPRA)
The Public Employee's Pension Reform Act of 2013 (PEPRA) and related Public Employees' Retirement law (PERL) amendments in Assembly Bill (AB) 340 became law on September 12, 2012, and the provisions were effective January 1, 2013.

The IBEW and the City agree to implement all PEPRA provisions and all applicable amendments thereto. Effective January 1, 2013 PERS "Miscellaneous" employees defined by PEPRA as "new members" shall pay 50% of the total normal cost as determined by CalPERS annually for the new “Miscellaneous” pension formula 2%@62, with a 3-year final compensation period. "Classic members,” defined as those employees hired prior to January 1, 2013, will retain the

2.7%@55 Miscellaneous PERS formula, with an 8%-member contribution, with a 3-year final compensation period.

Employee member contributions shall be on a pre-tax basis pursuant to Section 414(h)(2) of the Internal Revenue Code.

The PEPRA defines a "new member" as:
a. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system; b. A new hire who is brought into the CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system.
c. A member who first establish CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.

F. Physical Fitness and Weight Management Program

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 29 of 37 Gym membership reimbursement is limited to full-time employees who have been employed by the City for 12 months. Employees will be reimbursed up to $60.00 per month, for eligible Gym membership fees. Eligible fees include the enrollment cost (if applicable) and annual or monthly fees for an individual membership at a fitness center. Employees with a family membership must provide documentation of the cost for an individual membership and will be reimbursed based upon the individual membership amount, up to a maximum of $60.00 per month. Employees will be reimbursed on a monthly basis, regardless of the type of membership (annual or monthly).

1. Procedure

a. Employees must follow the expense report procedure to receive reimbursement.

An expense report and copy of the receipt must be submitted each month.

Employees must certify at least 5 visits per month to receive reimbursement.

Expense reports must be submitted to Human Resources and receipts must be submitted to the Finance department.

2. Exclusions

a. Recreational activities, weight-loss programs, smoking-cessation programs, and other similar programs, although encouraged as part of an overall wellness program, do not qualify for reimbursement.

3. Tax Liability

a. The amount reimbursed to employees will be reported as taxable income to the Internal Revenue Service and is subject to FICA, Medicare, federal, state and local taxes.

4.. Additional Information

a. Employees should consult with a physician before beginning a physical regimen.

ARTICLE 14. GRIEVANCE PROCEDURES
A. General
A grievance may arise from any real or imagined dissatisfaction of any employee regardless of their appointive status with the City.

B. Definitions

1. Grievance – A grievance is a claimed violation, misapplication or misinterpretation of a specific provision of this MOU or employee protection contained in any ordinances, resolutions, personnel rules or written policies which adversely affects the grievant.

2. Grievant – A grievant is an employee in the Association who is filing a grievance as defined above. Alleged violations, misapplications, or misinterpretations which affect more than one employee in a substantially similar manner may be consolidated at the discretion of the City Manager as a group grievance and thereafter represented by a single grievant.

3. Days – “Day(s)” shall mean day(s) in which the City's main administration office is open for business.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 30 of 37 C. Step I
Within seven days from the event giving rise to a grievance or from the date the employee could reasonably be expected to have had knowledge of such event, the grievant shall orally discuss his/her grievance with his/her supervisor. The supervisor shall have three days to give an answer to the employee.

D. Step II
If the grievant is not satisfied with the resolution proposed at the informal level he/she may, within ten days of the receipt of such answer, file a formal written grievance with his/her immediate supervisor on the approved form provided by the City. The supervisor shall, within three days, have a meeting with the grievant and within five days thereafter give a written answer to the grievant on the approved.

E. Step III
If the employee is dissatisfied with the decision of the Immediate Supervisor, they may, within five days, appeal to the Department Head on the form approved by the City for that purpose. The Department Head shall render a decision in writing within ten days on the approved form.

F. Step IV
If the employee is dissatisfied with the decision of the Department Head, they may, within 5 days, appeal to the City Manager on the approved form. The City Manager shall render a decision in writing within ten days on the approved form.

G. Step V

If the employee is dissatisfied with the decision of the City Manager, they may appeal, in writing, to the Grievance Committee. An employee appeal must be submitted on the approved form within five days of their receipt of the decision of the City Manager.

H. Grievance Committee

The Grievance Committee shall be convened by the Committee Chairperson whenever the need arises. Membership of the Committee shall include, at a minimum, the following:
• One City Council Member or alternate appointed annually by the City Council – Chairperson
• One Department Head or alternate appointed annually by the City Manager – (not concerned with the appeal)
• One Employee or alternate appointed by the employee's bargaining unit on an annual basis – (not concerned with the appeal).

A grievance hearing before the Grievance Committee shall be an administrative hearing wherein the rules of evidence and court procedure need not be followed. The Chairperson is responsible for the disclosure and evaluation of all factors relevant to the inquiry without prejudice to either party in the dispute.

Generally, a court reporter will not be used, but if either side demands a transcript of the proceedings, the side so demanding shall bear the full expense of the court reporter and the transcript MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 31 of 37 preparation. Nothing in this section shall prevent either party from making a tape recording of the proceedings.

Within five (5) business days following the close of the grievance hearing before the Grievance Committee, the Chairperson shall submit the Committee's written decision to the City Manager. The written decision shall be approved by at least two members of the Committee and shall be signed by all of the members. At a minimum this decision shall include a summary of the proceedings, a brief statement of the facts presented by each side, and a conclusive decision which shall be binding upon the City and the employee.

I. Appeal from the Grievance Committee
There shall be no appeal from the decision of the Grievance Committee except where the grievance is a charge of unfair employment practices. In this type of case, the employee/applicant may pursue further legal action.

J. General Ground Rules for Grievances
All employee grievances must follow this chain of appeal. At no time will an employee bypass a supervisor or Department Head, or approach a Council member with a grievance.

All references to number of days will be understood as days in which the City's main administrative office is open for business. Time limits may be waived upon consent of both parties.

In formal meetings at Step II through V, the employee has the right to have a representative, attorney, counsel, etc. in attendance. Beginning with Step II of the Grievance Procedure, all grievances must be in writing, using the approved City Grievance Form.

An aggrieved employee may be represented by any person in an advisory capacity, to assist in presenting all facts relevant to the grievance, and necessary to the equitable solution of the grievance.

The City Attorney may be present in an advisory capacity to City supervisors and/or managers. If the employee chooses to be represented by an attorney, then the City Attorney need not be restricted to an advisory capacity, but may function in such matters as cross examination, weighing of evidence, etc.

Employees shall have freedom from reprisal for use of the Grievance Procedures.

If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step utilized.

If a supervisor or manager fails to respond to an answer within the given time period, the grievant may appeal their grievance to the next higher level.

ARTICLE 15. ON-THE-JOB INJURY
A. Medical Attention

Whenever an employee sustains an industrial injury or disability arising out of, and in the course of City employment, and requires medical treatment, the employee shall be referred to an appropriate facility or doctor based on the nature and extent of the injury or disability. Treatment and medical referrals arising out or in the course of City employment shall be in conformance with rules and procedures which may be established from time to time by the City’s Workers Compensation carrier.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 32 of 37 In the event the desired doctor is unavailable, which may be the case during the weekends and after normal working hours, industrial injury victims may be taken to Howard Memorial Hospital emergency room.

1. Emergency
If the injury or disability is of a serious and urgent nature and requires emergency medical treatment, the employee shall be referred or transported to the nearest emergency treatment facility, generally, the Emergency Room at Howard Memorial Hospital.

2. Non-Emergency
If the injury or disability is not of a serious and urgent nature and would require only normal medical treatment, the employee shall be referred to the nearest appropriate doctor as specified.

3. First Aid
Referral of an employee for medical treatment will not be necessary in cases where the injury is of such a minor nature that ordinary first aid treatment will suffice.

B. Industrial Accident Reporting Procedures
Employees are expected to report job-related injuries at the time they occur. Failure to comply with the time limitations specified in Section 5400 of the California Labor Code, and wherein the City has been misled or prejudiced by such failure, industrial leave may be denied.

1. Doctors' Referral Slip
An employee, whose job-related injury was of such severity as to warrant treatment by a doctor, shall not be permitted to return to their job or any other job within the City until they have presented to their supervisor a properly authenticated doctor's referral slip, or other acceptable assurance indicating their physical health will not be endangered further in the performance of their regular duties or other duties to which they may be assigned.

An employee who has returned to work following recovery from a job-related injury and later requires additional time off due to incapacitation arising from an original injury, shall be returned to their doctor of record by way of referral slip or other forms authorized by the City Manager. Industrial accident leave, as defined below, will not be granted for intermittent time off unless incapacitation has been confirmed as outlined above.

C. Industrial Accident Leave
Industrial accident leave is defined as the necessary and authorized absence from duty by an employee because of an injury or disability which has arisen out of, and in the course of, employment with the City.

1. Amount of Leave – Probationary and Regular Employees The following schedule shall be applicable to all full-time probationary and regular employees:

Amount of Employee's Maximum Industrial
Continuous City Service Accident Leave
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 33 of 37 At least one day but less than six months 20 working days At least six months 9 calendar months

2. Compensation
An employee on authorized industrial accident leave shall, during such absence, receive that portion of their normal salary, which, when added to temporary disability benefits payable under the provisions of the Workers' Compensation Laws of California equal their normal salary provided:
a. They are entitled to receive benefits within the scope of such law, and; b. The City's liability for payment of such portion shall be limited to the maximum periods specified in Article 14(c)(1) above.

3. Extended Industrial Accident Leave
An employee who continues to be disabled or ill after they have used all entitlements to industrial leave as specified in Section 11.3.1 may be granted, at the discretion of their Department Head, such portion of accrued sick leave necessary to assure receipt of the equivalent of their full salary.

Sick leave will not normally be granted to extend industrial accident leave when it is evident that the employee will be incapable of performing the duties of the position to which they were assigned. If the employee is eligible for immediate retirement under the provisions of the Public Employees Retirement System then, in the interest of the employee, the Department Head may place the employee on sick leave status until retirement is affected or expiration of sick leave, whichever is sooner.

4. Workers Compensation Benefits
Employees who have expended the maximum industrial accident leave allowance plus sick leave extensions if any, and continued to be temporarily disabled shall, barring recourse to other provisions of these regulations, cease to receive supplemental wages under this Section. Entitlement to Workers Compensation benefits will be unaffected.

5. Extension of Benefits
Employees whose appointments provide them vacation, holidays, and sick leave shall continue to accrue such benefits and to earn eligibility for consideration for merit salary advancement during an absence resulting from injuries arising out of or in the course of City employment, provided such employees are entitled to temporary disability benefits under the Workers Compensation Laws of the State of California.

6. Availability of Personnel
Employees on industrial accident leave must be available for any appointments or consultation as may be required by the City or any other authorized agency and must keep the City informed regarding their whereabouts on a continuing basis.

7. Appeals Board Appearances
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 34 of 37 Any employee who does not regain their pre-injury condition following recovery from an injury sustained in the course of City employment but instead is permanently disabled to a measurable degree, even though the existence of disability is their opinion alone, has the right for a hearing before the Workers Compensation Appeals Board, and to receive a determination as to the extent of permanent disability, if any.

The time off necessary to appear at the Appeals Board Hearing at the time it is scheduled shall be provided the employee by their Department Head. Time off for this purpose will be considered sick leave.

Notice of hearings before the Workers Compensation Board will be distributed to the appropriate Department Head by the City Manager as they are received. The Department Head or their designated representative will attend the Appeals Board Hearings of employees assigned to their departments.

ARTICLE 16. FULL UNDERSTANDING, MODIFICATION & WAIVER
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby suspended or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein during the term of this MOU. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s) within the scope of representation during the term of this MOU. No agreement, alteration, understanding, variation, waiver, or modification or any of the terms of provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the Willits City Council. The waiver of any breach, term, or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

ARTICLE 17. PEACEFUL PERFORMANCE CLAUSE
The parties to this MOU recognize and acknowledge that the services performed by the employees covered by this MOU are essential to the public health, safety and general welfare of the residents of the City. Local 1245 agrees that under no circumstances will Local 1245 or any persons covered by the MOU recommend, encourage, cause or permit its members or any persons covered by this MOU to initiate, participate in or take part in any strike, sit-down, stay-in, sick-out, slow-down or picketing (hereinafter collectively referred to as work-stoppage) in any office or department of the City, nor curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of Local 1245 or person covered by this MOU, the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased. In the event of any work stoppage, during the term of this MOU, whether by Local 1245 or by any member of Local 1245 or any person covered by this MOU, Local 1245 by its officers shall immediately declare in writing and publicize that such work stoppage is unauthorized, and further direct its members and all persons covered by this MOU in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the City. If in the event of work stoppage, Local 1245 shall not be liable for any damages caused by the violation of this provision.

However, the City shall have the right to discipline, including discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, as against any such employees.

ARTICLE 18. SAVINGS PROVISIONS
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 35 of 37 If any of the provision of this MOU are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law or an agency of the State. The parties agree to meet and discuss such invalidated provisions. All other provisions of the MOU not declared invalid will continue in full force and effect.

ARTICLE 19. IMPLEMENTATIONS
This MOU shall be of no force or effect until ratified and approved by formal action of the City Council of the City, the membership of Local 1245, the employees covered by the MOU and executed by Local 1245 Business Manager or his/her authorized representative on behalf of Local 1245. It is recognized that certain provisions herein may require ordinance changes in order to be effectuated.

ARTICLE 20. TERM
This MOU represents the entire agreement between the City and Local 1245 on subjects contained herein and shall become of full force and effect January 1, 2025, unless otherwise noted, when approved by the Willits City Council, and shall continue in full force and effect until midnight of June 30, 2025, and shall continue from month-to-month thereafter until superseded by other agreement; or until the City Council of the City, after compliance with the provisions of Government Code Sections 3500 et seq, and Resolution No. 1974-17 and any amendments thereto relating to meeting and conferring takes action which supersedes the provisions hereof.

MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 36 of 37 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by affixing their signatures below.

RATIFICATION AND APPROVAL:

CITY OF WILLITS
____________________________
Brian Bender
City Manager
ATTEST:
____________________________
Cathy Moorhead
Deputy City Manager/City Clerk
____________________________
Patrick Clark
Chief Negotiator
Patrick Clark Consulting
APPROVED TO FORM:
____________________________
James Lance, City Attorney

INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1245
____________________________
Al Fortier
Sr. Assistant Business Manager
____________________________
Nicole Caldwell
Local 1245, Negotiating Committee Member
____________________________
Thomas Gallups
Local 1245, Negotiating Committee Member
____________________________
Mark Wilson
Business Representative
____________________________
Robert Dean
Business Manager
MOU – City of Willits & IBEW Local 1245 – 01/01/2025 – 06/30/2025 Page 37 of 37 EXHIBIT “A1”
Effective First Full Pay Period in January 2025, 4% General Wage Increase

Classification Grade Annual Compensation
Public Works Foreman 69A $60,902.51 - $74,027.30
Construction Specialist 61C $50,124.27 - $60,926.96
Public Works Maintenance Worker III 61C $50,124.27 - $60,926.96 Public Works Maintenance Worker II 58D $46,623.67 - $56,671.30 Public Works Maintenance Worker I 54J $42,828.98 - $52,058.71 Chief Water Plant Operator 75A $70,734.89 - $85,991.31
Water Plant Operator III 68G $60,297.26 - $73,291.60
Water Plant Operator II 61C $50,124.27 - $60,926.96
Water Plant Operator I 58D $46,623.67 - $56,671.30
Water Plant Operator-in-Training 52J $40,742.57 - $49,523.00 Chief Wastewater Plant Operator 75A $70,734.89 - $85,991.31 Wastewater Plant Operator III 68G $60,297.26 - $73,291.60 Wastewater Plant Operator II 61C $50,124.27 - $60,926.96 Wastewater Plant Operator I 58D $46,623.67 - $56,671.30 Wastewater Plant Operator-in-Training 52J $40,742.57 - $49,523.00 Item No. 9a
Meeting Date: January 22, 2025

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Jim Lance, City Attorney.

Agenda Title: SELECTION AND ADOPTION OF A RESOLUTION APPOINTING A CANDIDATE

TO THE UNEXPIRED TERM VACANCY WITH THE TERM EXPIRING WITH CERTIFICATION OF THE NOVEMBER 3, 2026 GENERAL MUNICIPAL ELECTIONS RESULTS AND

FOLLOWING APPOINTMENT, THE CITY CLERK WILL ADMINISTER AN OATH OF OFFICE TO THE NEWLY APPOINTED CANDIDATE.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.

Summary of Request: At their December 17, 2024 Special Meeting, the City Council decided to appoint an eligible elector to fill the vacancy of an unexpired Council term created by the resignation of Greta Kanne.

The Council directed staff to notice the vacancy and accept applications. The appointee will serve until the November 3, 2026, General Municipal Election results are certified, and a newly elected Council Member is seated.

The City Clerk accepted applications until January 15th at 5:30 PM. The City Clerk received eight applications with the submissions from Franklin Rockwell, Robin Leler, Raghda Zacharia, Sherrie Ebyam, Bruce Burton, Daniel Sansom, Ithaca Moore, and Garrett Moore.

Recommended Action: Select a Councilmember from submitted applications and adopt the accompanying Resolution appointing an individual to the unexpired term.

Alternative(s): None recommended.

Fiscal Impact: None.

Personnel Impact: None.

Identified City Council Conflict of Interest: None identified. 2021 Adopted Goals: The Goals do not cover this topic.

California Environmental Quality Act: The item does not require a CEQA review.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Resolution No. 2025- Page 1 of 1 January 22, 2025
RESOLUTION 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING THE APPOINTMENT OF ____________TO THE CITY COUNCIL VACANCY WITH THE TERM EXPIRING DECEMBER 31, 2026.

WHEREAS, former Councilmember Greta Kanne resigned from the City Council, effective December 11, 2024, creating a vacancy on the City Council as of that date; and WHEREAS, Government Code section 36512 provides that the City Council, within sixty (60) days from the commencement of the vacancy, may fill the vacancy by appointment or special election; and
WHEREAS, at a Special Meeting held on December 17, 2024, the City Council voted to fill the vacancy by appointment, open up a recruitment process, and begin accepting applications from interested candidates from December 19, 2024, to January 15, 2025, at 5:30 PM; and
WHEREAS, a total of eight applications were received, vetted by the City Clerk, and all meet the minimum requirements of being 18 years of age or older and being a registered voter residing withing the City of Willits municipal boundaries; and WHEREAS, under Government Code Section 36512, because the vacancy occurred during the first half of former Councilmember Greta Kanne’s term, but less than one hundred thirty (130) days from the next general municipal election, the individual appointed to fill the vacancy will hold the City Council office for the unexpired term of former Councilmember Greta Kanne.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits does hereby approve the appointment of Willits Resident ___________________ to the City of Willits City Council Seat until December 31, 2026, the expiration of former Councilmember Greta Kanne’s term.

The above and foregoing Resolution was introduced by Councilmember ________ seconded by Councilmember _________, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 22nd day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
_______________________________
________________________________
LARRY STRANSKE, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk

Registered to Vote - Yes
Voter Registration matches home address - YesVerified with County Registrar on 1/19/2025

Registered to Vote - Yes
Voter Registration matches home address - YesVerified with County Registrar on 1/13/2025

Registered to Vote - Yes
Voter Registration matches home address - YesVerified with County Registrar on 1/14/2025

Registered to Vote - Yes
Voter Registration matches home address - YesVerified with County Registrar on 1/15/2025

Registered to Vote - Yes
Voter Registration matches home address - YesVerified with County Registrar on 1/16/2025

Mayor’s Appointments – 2025
City Committees, Boards & Agencies

STANDING COMMITTEES OF THE CITY COUNCIL
Finance Committee
3rd Wednesday 9:00 am
Saprina Rodriguez
Greta Kanne
Water & Wastewater Systems Committee
3rd Thursday 10:00 am
Gerry Gonzalez
Larry Stranske
Bi-monthly Chamber of Commerce Meeting City Manager
_________________

REGIONAL BOARDS
League of California Cities / Redwood Empire Division Gerry Gonzalez Alternate: Larry Stranske
Mendocino Council of Governments (MCOG)
1st Monday 1:30 pm
Greta Kanne
Alternate: Larry Stranske
Economic Development & Financing Corporation (EDFC)
2nd Thursday 2-4 pm Madge Strong
Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday 9:00 am
Madge Strong
Alternate: Gerry Gonzalez
Mendocino Transit Authority (MTA)
Last Wednesday 1:30 pm
Saprina Rodriguez

MENDOCINO COUNTY CITY SELECTION COMMITTEE NOMINATIONS
Local Agency Formation Commission (LAFCo)
1st Monday 9:00 am Gerry Gonzalez
Mendocino County Museum Advisory Board Greta Kanne

AD HOC COMMITTEES
Willits Frontier Days Advisory Committee Gerry Gonzalez Larry Stranske
Measure K
Meets Quarterly
Saprina Rodriguez
Greta Kanne
Transportation
4th Thursday 9:00 am
Greta Kanne
Saprina Rodriguez
Sonoma Clean Power
1st Thursday 9:00 am Madge Strong

CITIZEN COMMITTEES
Art in Public Spaces
Meets as needed
Gary Martin Dan Miller
Margi Guhde Judy Fisch

Willits City CouncilJanuary 22, 2025

Willits City Council
January 22, 2025