Crescent City Municipal Code Ch. 17.95 Commercial Cannabis Regulations

A. Purpose. The purpose and intent of this chapter is to protect the public health, safety, and welfare through strong and effective regulatory and enforcement controls, to protect neighborhood character, and to minimize the potential negative impacts of commercial cannabis activity on people, communities, and the environment by establishing minimum land use controls. Within the Downtown Business (C-1) District, General Commercial (C-2) District, Waterfront Commercial (CW) District, and Highway Services (HS) District, commercial cannabis activity, as defined under Division 10 of the Business and Professions Code, may be permitted with a use permit, subject to the regulations governing the underlying zoning district, and the requirements set forth in this chapter.

B. Findings. The city council makes the following findings:

1. While cannabis is now legal in California for adult use (age twenty-one and older), it is still illegal for minors (under age twenty-one) to use and possess non-medicinal cannabis. The potential negative impacts on the health of minors and the intoxicating effects of cannabis justify regulations that help to: (a) keep cannabis out of the hands of minors; and (b) minimize the promotion of cannabis use in a manner that is directed or appealing to minors.

2. Commercial cannabis businesses are attractive targets for burglaries and robberies. Therefore, it is prudent to impose security requirements and other regulations on businesses that are aimed to provide a base level of protection against such thefts. Burglaries and robberies not only impact the business owner but also employees, patrons, the public, and law enforcement.

(Ord. 819 § 7, 2020)

A. No part of this chapter is to be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state, or federal law, statute, rule or regulation. Commercial cannabis activity in the city is controlled by the provisions of this chapter of the Crescent City Municipal Code.

B. Nothing in this chapter is intended, nor is it to be construed, to burden any defense to criminal prosecution otherwise afforded by California law.

C. Nothing in this chapter is intended, nor is it to be construed, to preclude a landlord from limiting or prohibiting commercial cannabis activities by tenants.

D. Nothing in this chapter is intended, nor is it to be construed, to exempt any cannabis-related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

E. Nothing in this chapter is intended, nor is it to be construed, to make legal any cannabis-related activity that is otherwise prohibited under California law.

F. All commercial cannabis activity within city limits is subject to the provisions of this chapter, regardless if the activity existed or occurred prior to adoption of this chapter or at the time of subsequent amendments to this chapter.

(Ord. 819 § 7, 2020)

As used in this chapter, the following terms and phrases are defined as follows:

"Active,"

in the context of a commercial cannabis use permit, means a permit that has been duly issued and not revoked, expired, or surrendered. Suspended permits are considered "active" permits for purposes of this chapter.

"Cannabis"

means all parts of the plant cannabis sativa Linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from marijuana. Cannabis also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, cannabis does not mean "industrial hemp" as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

"Cannabis activity"

means the commercial cultivation, possession, manufacture, processing, storing, laboratory testing, research and development, labeling, transportation, distribution, delivery, or sale of cannabis or a cannabis product.

"Cannabis goods"

means cannabis, including dried flower, and products containing cannabis.

"Cannabis manufacturer"

means a person required to be licensed as a manufacturer pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

"Cannabis microbusiness or microbusiness"

means a person licensed to conduct multiple commercial cannabis activities, as described in Business and Professions Code Section 26070.

"Cannabis processing"

means, but is not limited to, the following activities: manicuring, drying, curing, pressing, cooking, baking, infusing, grinding, bagging, packaging, and rolling.

"Cannabis retailer"

means a person required to be licensed as a retailer pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

"Commercial cannabis activity"

means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

"Consumption"

means the smoking, vaping, ingestion, or other method of use or consumption of cannabis goods.

"Cultivation"

means any activity involving the indoor planting, growing, harvesting, drying, curing, grading, or trimming of commercial cannabis, including a nursery that produces only clones, immature plants, or seeds. This definition does not include outdoor cultivation or the processing (e.g., trimming) of commercial cannabis produced offsite.

"Cultivation area"

means the cumulative gross floor area of the room or rooms where cannabis plants are grown.

"Delivery employee"

means an individual employed by a permitted retailer or permitted microbusiness authorized to engage in retail sales who delivers cannabis goods from the permitted retailer or permitted microbusiness premises to a customer at a physical address.

"Distribution"

means the procurement, sales, and transport of cannabis goods between licensed entities. Distribution also includes the inspection, storage, including during quality assurance and batch testing processes, labeling, packaging, and other processes required prior to transport to a licensed cannabis retailer or cannabis manufacturing facility.

"Facility" or "facilities"

means a facility, premise, tenant space, site or location where one or more types of cannabis activity are undertaken.

"Manufacturing facility"

means a facility for the production, preparation, propagation, or compounding of cannabis or cannabis products, either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes a location that packages or repackages cannabis or cannabis products, or labels or relabels its container.

"Non-storefront retail"

means the commercial transfer of cannabis goods by delivery to a customer at a physical address. This definition does not include the mobile sales of cannabis goods.

"Non-volatile manufacturing"

means a manufacturing process that does not involve the manufacturing, processing, generation, or storage of materials that constitute a physical or health hazard, as listed in Tables 307.1(1) and 307.1(2) of the California Building Code (CBC).

"Nursery"

means a facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

"Off-site advertising sign"

means any sign, poster, display, billboard, or any other stationary or permanently affixed advertisement promoting the sale of cannabis or cannabis products which are not cultivated, manufactured, distributed or sold on the same lot.

"Person"

means and includes any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.

"Processing facility"

means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one or more licensed cultivators, at a location separate from the cultivation site where the cannabis is grown and harvested.

"Storefront retail"

means a physical storefront location that is open to the public and where cannabis goods are sold to customers. This definition includes the delivery of cannabis goods to a customer at a physical address.

"Testing laboratories"

means a facility that offers or performs testing of cannabis or cannabis products where no commercial cultivation, processing, manufacturing, distribution, or sale of cannabis or cannabis products occurs.

"Volatile solvents"

means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. For the purposes of this section, carbon dioxide and ethanol are non-volatile solvents, however, a use permit for manufacturing shall specify whether carbon dioxide or ethanol will be permitted.

(Ord. 819 § 7, 2020; Ord. 860, 1/5/2026)

The following commercial cannabis uses are allowed in city limits:

A. Storefront retail.

B. Non-storefront retail (delivery only).

C. Cultivation (indoor only) under a use permit issued prior to January 1, 2026.

D. Non-volatile manufacturing.

E. Processing facilities.

F. Distribution.

G. Microbusinesses.

H. Testing laboratories.

(Ord. 819 § 7, 2020; Ord. 860, 1/5/2026)

The following commercial cannabis uses are prohibited in city limits:

A. On-site consumption of cannabis.

B. Outdoor cultivation.

C. Volatile manufacturing or manufacturing facilities using volatile solvents.

D. Mobile or drive-thru retail sales.

(Ord. 819 § 7, 2020)

A. Commercial cannabis activity is not allowed in the corporate limits of the city of Crescent City without a use permit. Use permits to conduct commercial cannabis activity are governed primarily by this chapter. There is a limit of five active commercial cannabis use permits for storefront retail at any one time. The procedures for use permits set forth in Chapter 17.54 of this title apply as well.

B. The use permit will be reviewed annually subject to the following requirements:

1. Annual Review at Staff Level. City staff will conduct an annual review of the use permit around the date of issuance of the state license to ensure the commercial cannabis activities are compliant with the terms of the use permit and approved operations.

2. Investigations. An on-site compliance inspection may be conducted, with at least twenty-four hours' prior notice, by appropriate city officials during regular business hours (Monday through Friday, nine a.m. to five p.m.). Appropriate city officials include those officials identified in Section 17.95.150 of this chapter.

3. Annual Review at Planning Commission Level. At the discretion of city staff, annual review of the use permit may be conducted by the planning commission at a public hearing. The criteria for requiring annual review by the planning commission may include, but are not limited to:

a. Any violation of any provision of this chapter during the prior year of operation of the commercial cannabis facility.

b. Receipt of one or more complaints by city staff concerning operation of the commercial cannabis facility during the prior year. City staff shall investigate all complaints received prior to determining whether review by the planning commission is warranted.

4. During annual review, the planning commission may revoke the use permit, recommend administrative penalties, amend the use permit to include conditions necessary to ensure compliance with the provisions of this chapter, or take no action.

5. As part of the annual review, the holder of the use permit must remit an annual review fee as set by resolution of the city council. The annual review fee is to be no more than the reasonable estimated amount to recover all costs of the city associated with conducting the review and monitoring compliance with the terms of the use permit for the next year.

C. All commercial cannabis activity will be subject to the following:

1. Before commencing operation of a commercial cannabis activity, the permittee must secure a license from the appropriate state licensing authority, pursuant to Division 10 of the Business and Professions Code. A copy of the license must be provided to the planning department.

2. The permittee must be in compliance with all conditions of the state license and all state laws, any violation of which will also constitute a violation of the Crescent City Municipal Code.

3. The permittee may operate only in accordance with the operating plans reviewed and approved by the city.

4. The permittee must timely remit all taxes required by state or local law to the appropriate agency and maintain all records necessary to determine the amount of tax owed, which records the city will have the right to inspect at all reasonable times.

5. The permittee must post or cause to be posted onsite the use permit and all required city and state permits and licenses required to operate. Such posting must be in a central location, visible to patrons, at the operating site, and in all vehicles that deliver or transport cannabis or cannabis products.

6. The permittee must maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The city will have the right to examine, monitor, and audit such records and documentation at all reasonable times.

7. Signs. See Chapter 17.38 for sign requirements, unless specified otherwise in this chapter. Pursuant to Section 17.38.170 (Architecturally-controlled signs), all signage for cannabis uses shall be subject to architectural review by the planning commission as part of the use permit process.

8. The permittee is not allowed to advertise or market cannabis or cannabis products on an off-site advertising sign in a publicly visible location within one thousand feet of the perimeter of any school providing instruction in kindergarten or any grades 1 through 12, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds, or basketball courts), day care center (as defined in Health and Safety Code Section 1596.76), youth center (as defined in Health and Safety Code Section 11353.1(e)(2)), community-use center, or public library.

9. The permittee must not market, license, distribute, sell, or cause to be marketed, licensed, distributed, or sold, any item or service to a person under twenty-one years of age, which bears the brand name, alone or in conjunction with, any other word, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of cannabis product.

10. The operation of a commercial cannabis facility must not adversely affect the health or safety of the facility occupants or employees, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gases, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, process, products, or wastes.

11. All retail cannabis uses (storefront and non-storefront) in the city must comply with the following setback requirements:

a. A retail cannabis use may not be located within a six hundred-foot radius of the perimeter of a public or private school providing instruction in kindergarten or grades 1 through 12 ("K-12 school") or a day care center (as defined in Health and Safety Code Section 1596.76). This does not include any private school in which education is primarily conducted in private homes nor does it include family child care homes.

b. The distance specified in this section shall be defined as the horizontal distance measured in a straight line from the property line of the sensitive land use (i.e., K-12 school or day care center) to the closest property line of the lot on which the retail cannabis use is located.

c. No setbacks are required between retail cannabis uses and the property containing the Del Norte County Fairgrounds (currently identified as APN 118-020-033).

d. Exceptions to the setback requirements in this section may be granted by the planning commission as specified in Section 17.95.060(C)(12) of this chapter.

12. An exception to the setback requirements in Section 17.95.060(C)(11) of this chapter may be granted by the planning commission when requested as part of a use permit application. To grant an exception, the planning commission must make one or more of the following findings:

a. The distance between the area on the property containing the sensitive land use (i.e., K-12 school or day care center) is a minimum of six hundred feet from the area on the property containing the retail cannabis use.

b. There is enough development or other buffering between the sensitive land use (i.e., K-12 school or day care center) and the retail cannabis use to minimize potential harmful impacts.

c. The location and design of the retail cannabis use is not likely to cause harmful impacts to minors at the sensitive land use (i.e., K-12 school or day care center) that is within the six hundred-foot radius.

13. Odor from cannabis activities must not be detectable from beyond the property boundaries. To achieve this, the area where cannabis activities capable of generating odors are conducted (e.g., cultivation, processing, manufacturing, testing, etc.), must be, at a minimum, mechanically ventilated with a carbon filter or other method to prevent the odor of cannabis from escaping the building and negatively impacting neighbors and the surrounding community. The ventilation and filtration system must be approved by the building official and installed prior to commencing cannabis activities within the structure. Failure to adequately control odors constitutes a public nuisance and subject to nuisance abatement procedures found in Title 8 of the Crescent City Municipal Code. Odor control issues may also be grounds for revocation of the use permit allowing commercial cannabis activity.

14. All waste cannabis material generated by cannabis activity must be stored in a secure location in the facility and disposed of at a permitted disposal facility.

15. All cannabis uses that propose to discharge effluent to the city's wastewater treatment system, including, but not limited to, waste products, chemical fertilizers or pesticides, are required to first obtain an Industrial Wastewater Discharge Permit from the Public Works Department. No such effluent may be discharged into septic systems, water systems, or other drainage systems including those that lead to rivers and streams.

16. The permittee must implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis goods in compliance with Section 26070 of the California Business and Professions Code and any rules promulgated by the licensing authority. Security measures must include, but are not limited to, the following:

a. Prevent individuals from loitering on the premises of the retailer if they are not engaging in activity expressly related to the operations of the retailer;

b. Establish limited access areas accessible only to authorized dispensary personnel;

c. All cannabis facilities containing cultivation, processing, non-volatile manufacturing, and distribution are required to have a mantrap at the public entrance to the building. A mantrap is a small room with an entry door on one wall and an exit door on the opposite wall. Mantraps are used to separate non-secure areas from secure areas to prevent unauthorized access;

d. Store all cannabis goods in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis goods used for display purposes, samples, or immediate sale; and

e. Install security cameras on site.

17. The permittee is required to notify the Crescent City Police Department and the licensing authority within twenty-four hours after discovering any of the following:

a. Significant discrepancies identified during inventory;

b. Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the retailer;

c. The loss or unauthorized alteration of records related to cannabis, patients, or retailer's employees or agents; or

d. Any other breach of security.

18. Operators of cannabis facilities are required to maintain active enrollment and participation in the state's track and trace program. The city may require participation in a track and trace program separate from the state's track and trace program. Any separate program will be in addition to the state's track and trace program.

19. To ensure compliance with the provisions of this chapter, an on-site compliance inspection may be conducted, with at least twenty-four hours' prior notice, by appropriate city officials during regular business hours (Monday through Friday, nine a.m. to five p.m.). Appropriate city officials include those officials identified in Section 17.95.150 of this chapter.

20. The permittee must maintain a safe environment and not participate in or tolerate conduct, activities, or behavior that endangers the health, safety or general welfare of the public.

21. The permittee must remit all applicable license and permit fees to city when due. Failure to pay any fee within thirty days of its due date shall be considered a violation of this provision.

22. The permittee must maintain, through the life of the operation, a surety bond in an amount not less than fifteen thousand dollars, payable to the city, issued by a corporate surety approved by the city, which is licensed to transact surety business in the state of California.

D. Before the planning commission approves any use permit for commercial cannabis activity, the planning commission must hold a public hearing, noticed pursuant to Government Code Section 65091, make the following findings, and set forth the facts supporting its determination in writing:

1. The applicant has demonstrated that it can and will comply with all requirements of the state and city to operate the proposed commercial cannabis activity.

2. The proposed activity, as conditioned, will not result in significant unavoidable impacts on the environment.

3. The operation plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering.

4. The operation plan includes adequate security measures.

5. The proposed activity either: (a) meets the setback requirements in subsection C.11; or (b) makes the findings required by subsection C.12.

6. The issuing of the use permit would not exceed the limit of five active commercial cannabis use permits for storefront retail at any one time.

E. All applications for a use permit for a commercial cannabis activity shall be filed with the planning department. In all cases the application must contain, without limitation, the following documentation:

1. Notarized, written authorization from all persons and entities having a right, title, or interest in the property that is the subject of the application consenting to the application and the operation of the proposed commercial cannabis activity on the subject property.

2. The name and address of all persons and entities responsible for the operation of the commercial cannabis activity, including managers, corporate officers, any individual with an ownership interest, any member of a board of directors, any general or limited partner, and/or any member of a decision-making body for the commercial cannabis activity, and a complete list of all the valid licenses, including license type and license number which has been issued to each person by the state or any other city or county.

3. An application fee as prescribed by resolution of the city council. The application fee is to be no more than the reasonable estimated amount to recover all costs of the city associated with processing applications and monitoring compliance with the terms of the use permit for the next year. If the application is denied, then that portion of the fee attributed to monitoring activities will be refunded to the applicant.

4. An indemnification agreement on a form provided by the city.

5. Proof of having obtained a surety bond in an amount not less than fifteen thousand dollars, payable to the city, issued by a corporate surety approved by the city, which is licensed to transact surety business in the state of California.

6. A detailed operation plan, which includes:

a. Site plans, floor plans, conceptual improvement plans, and a general description of the nature, size, and type of commercial cannabis activity(ies) being requested;

b. Onsite security measures both physical and operational;

c. Standard operating procedures manual detailing how operations will comply with state and local regulations; how safety and quality of products will be ensured; recordkeeping procedures for financing, testing, and adverse effect recording; and product recall procedures;

d. Proposed hours of operation;

e. Waste disposal information;

f. Product supply chain information including where cultivation occurs, where the product is processed or manufactured, any required testing of cannabis or cannabis products, transportation, and packaging and labeling criteria;

g. A recordkeeping policy;

h. Track and trace measures;

i. Sustainability measures including water efficiency measures, energy efficiency measures, high efficiency mechanical systems, and alternative fuel transportation methods;

j. Odor prevention devices;

k. Size, height, colors, and design of any proposed signage at the site;

l. A parking plan, if applicable;

m. A storage protocol and hazardous response plan;

n. Information on products used during operation, including liquids, solvents, agents, and processes; and

o. A quality control plan.

7. An application that includes a request for an exception from the setback standards specified in subsection C.11 of this section, must also contain the following information:

a. A map drawn to scale illustrating the requested setback reduction. The map must clearly identify the distance between the proposed retail cannabis use and the sensitive land use from which the setback reduction is being requested.

b. A justification for making one or more of the findings specified in subsection C.12 of this section.

8. Such other information as city staff may reasonably require.

F. No use permit may be issued until all applicable application and licensing fees associated with the business have been paid to the city.

G. If a permittee with a commercial cannabis use permit for storefront retail fails to commence business operations and open its doors to the public within twenty-four months of the issuance of the use permit, then that permit shall automatically expire and be of no further force and effect. In addition, if a storefront retail business closes its doors to the public for more than sixty consecutive days, then that permit shall be deemed surrendered and of no further force and effect.

(Ord. 819 § 7, 2020)

A. Suspension. The expiration, suspension or revocation of a license, permit or entitlement issued by the state of California that is required for the operation of a commercial cannabis business permitted under this chapter, will result in the automatic suspension of the use permit and legal ability to conduct commercial cannabis operations under said use permit, unless and until such state license, permit or entitlement is reinstated.

B. Revocation. The planning commission may revoke a use permit issued under this chapter in accordance with procedures outlined in this section for the following reasons:

1. If a license, permit, or entitlement issued by the state of California that is required for the operation of a commercial cannabis business permitted under this chapter is expired, suspended or revoked and not reinstated within sixty days.

2. Failure of a permittee to comply with any requirement imposed by the provisions of this Code (or successor provision or provisions), including, but not limited to, any rule, regulation, condition or standard adopted pursuant to this chapter, or any term or condition imposed on the commercial cannabis use permit, or any provision of state law.

C. Amendment. As an alternative to revocation, the planning commission may amend the commercial cannabis use permit to include requirements and provisions to address the violations that the planning commission found to have occurred.

D. Notice and Hearing—Revocation Proceedings.

1. If the city manager, or their designee, determines that a ground for revocation of a commercial cannabis use permit exists, then they shall cause a hearing to be scheduled before the planning commission.

2. At least twenty-one calendar days prior to the hearing, the permittee shall be provided written notice of the date, time, and location of the revocation hearing as well as the reasons therefor. The notice may be served on the permittee either personally or by certified first class mail to the address listed on the application.

3. At the date, time and location set forth in the notice of hearing, the planning commission will hear and consider the testimony of the city staff, the permittee, and/or their respective witnesses and documentary evidence properly submitted for consideration.

4. The following rules shall apply at the appeal hearing:

a. Hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.

b. The city bears the burden of proof to establish the grounds for suspension or revocation of a permit by a preponderance of evidence (i.e., more likely than not).

c. If the permittee, or their legal representative, fails to appear at the hearing, the planning commission may hold the hearing in their absence.

5. Notice of Decision—Appeal Rights.

a. Following the conclusion of the revocation hearing, the planning commission, shall determine if any ground exists for the revocation or amendment of a commercial cannabis use permit. If the planning commission determines that no grounds for revocation exist, then the use permit will remain valid as issued. If the planning commission determines that one or more of the reasons or grounds do exist for the revocation or amendment of the commercial cannabis use permit, then the planning commission shall issue a written decision within ten business days. The written decision shall include the following information:

i. A finding and description of each reason or grounds for revocation or amendment.

ii. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

iii. A holding that the commercial cannabis use permit is revoked or amended. If amended, the specific amendments to the permit.

iv. Notice of appeal rights provided under this chapter.

E. Appeals.

1. Notice of Appeal.

a. Within ten calendar days after the date of service of the notice of the decision of the planning commission to revoke a commercial cannabis use permit or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reason why the decision was not proper. Date of service shall mean the date when a notice or written decision was personally delivered to the permittee, or the date when the notice was caused to be delivered by certified, first-class mail.

b. The Notice of Appeal shall be in writing and signed by the person making the appeal ("appellant"), or their legal representative, and shall contain the following:

i. Name, address, and telephone number of the appellant.

ii. Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.

iii. State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the city council to understand the nature of the controversy, the basis of the appeal, and the relief requested.

iv. All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing.

v. An appeal fee, as established by resolution of the city council.

c. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to appeal the decision of the planning commission. In this event, the planning commission's decision is final and binding.

d. In the event a written Notice of Appeal is timely filed, the revocation or amendment shall not become effective until a final decision has been rendered and issued by the city council. Notices of Appeal not served in a timely manner or served by non-operational businesses shall not serve to allow such businesses to operate pending appeal.

2. If no appeal is timely filed, the revocation or amendment shall become effective upon the expiration of the period for filing a written Notice of Appeal.

3. Appeal Hearing and Proceedings.

a. All appellants that timely file a written Notice of Appeal shall obtain review thereof before the city council.

b. Upon receipt by the city clerk of a timely-filed appeal, the city clerk shall schedule the administrative appeal within sixty days, and no sooner than thirty days, after receipt of a timely filed Notice of Appeal. The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten days before the date of the hearing ("Notice of Appeal hearing").

c. The city council shall preside over the hearing on appeal.

d. At the date, time and location set forth in the Notice of Appeal hearing, the city council shall hear and consider the testimony of the appellant(s), city staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.

e. The following rules shall apply at the appeal hearing:

i. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.

ii. The city bears the burden of proof to establish the grounds for the revocation or amendment of a permit by a preponderance of evidence.

iii. The issuance of the planning commission's notice of decision constitutes prima facie evidence of grounds for the revocation or amendment, and city staff who significantly took part in the investigation, which contributed to the planning commission issuing a notice of decision, may be required to participate in the appeal hearing.

iv. The city council may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellant of good cause. The city council shall determine whether a particular fact or facts amount to a good cause on a case-by-case basis.

v. If the appellant, or their legal representative, fails to appear at the appeal hearing, the city council may cancel the appeal hearing and send a notice thereof to the appellant by certified, first-class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the planning commission's notice of decision is final and binding.

4. Decision of the City Council, or Appointed Hearing Officer or body—Final Decision.

a. Following the conclusion of the appeal hearing, the city council shall determine if any ground exists for the revocation or amendment of a commercial cannabis use permit. If the city council determines that no grounds for revocation or amendment exist, the planning commission's notice of decision shall be deemed vacated. If the city council determines that one or more of the reasons or grounds enumerated in the notice of decision exists, a written final decision shall be issued within ten business days, which shall at minimum contain the following:

i. A finding and description of each reason or grounds for revocation or amendment.

ii. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

iii. A holding that the planning commission's decision is affirmed or modified.

b. The decision of the city council, or appointed hearing officer or body, is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6.

c. A copy of the final decision shall be served by certified, first-class mail on the appellant. If the appellant is not the owner of the real property in which the commercial cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first-class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the city pursuant to this chapter.

(Ord. 860, 1/5/2026)

Cannabis retailers conducting storefront retail, which can include deliveries, must meet the following minimum requirements:

A. The use permit must specify whether the permittee may sell adult-use cannabis or medicinal cannabis, as those terms are used in Division 10 of the Business and Professions Code.

B. The city shall limit the hours of operation for a retail facility to begin no earlier than six a.m. and to end no later than ten p.m.

C. Retailers which have a retail/public floor area must have glass or transparent glazing in the windows and doors. No more than ten percent of any window or door area may be visually obstructed by signs, banners, or opaque coverings of any kind so that law enforcement personnel will have clear view of the entire public area in the premises from the public sidewalk.

D. Retailers must not distribute any cannabis or cannabis product unless the cannabis goods are labeled, and in a tamper-evident package, in compliance with Section 26120 of the California Business and Professions Code and any additional rules promulgated by the licensing authority.

E. Cannabis deliveries that are associated with a permitted retail facility located within city limits, and for which delivery originates from the retail facility, are only allowed when the delivery activity is specifically authorized under the use permit for the retail facility.

F. Cannabis deliveries that are associated with a permitted retail facility located within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5415 through 5421.

G. A vehicle used in the delivery of cannabis goods must not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying cannabis goods for delivery.

H. While carrying cannabis goods for delivery, a permitted retailer's delivery employee must ensure the cannabis goods are not visible to the public. Cannabis goods are required to be locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle.

I. The retailer must not permit the smoking, vaping, ingestion, or consumption of cannabis onsite.

J. Sale or consumption of alcohol or tobacco is not allowed onsite.

(Ord. 819 § 7, 2020)

Cannabis retailers conducting non-storefront retail (delivery only) activities must meet the following minimum requirements:

A. Cannabis deliveries originating from non-storefront retail facilities within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5414 through 5421.

B. Cannabis deliveries originating from outside city limits, and delivering cannabis goods within city limits, are only allowed upon the granting of a business license.

C. A vehicle used in the delivery of cannabis goods must not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying cannabis goods for delivery.

D. While carrying cannabis goods for delivery, a permitted retailer's delivery employee must ensure the cannabis goods are not visible to the public. Cannabis goods are required to be locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle.

(Ord. 819 § 7, 2020)

Cannabis cultivators must meet the following minimum requirements:

A. The indoor cultivation of cannabis must comply with all applicable state, county, and local regulations, including fire and building codes. Outdoor cultivation is prohibited.

B. Only one use permit for commercial cannabis cultivation may be possessed or used by a person or entity, including the representatives, agents, parent entities, or subsidiary entities of that person or entity.

C. Only one use permit will be issued per legal parcel for commercial cannabis cultivation.

D. The maximum cultivation area allowed is two thousand square feet.

E. All cannabis cultivation activity must occur exclusively within a fully enclosed and secure structure.

F. Entrance to any cultivation area, and any cannabis storage areas, must be locked at all times, and under the control of the facility's staff.

G. Cannabis cultivation must be concealed from public view at all stages of growth and there may be no visual or auditory evidence of cultivation occurring at the premises from a public right-of-way or from an adjacent parcel. Indoor lighting used for the cultivation process must not be visible from outside the building.

H. Cannabis cultivation areas must be adequately secured to prevent unauthorized entry and must not be accessible to persons under twenty-one years of age.

I. Areas of the licensed premises for cultivation must be separated from the distribution and retail areas by a wall and all doors between the areas are to remain closed when not in use.

J. All areas recorded by the security cameras must have adequate lighting at all times to allow the surveillance cameras to effectively record images, except when lighting would interfere with the indoor cultivation cycle.

K. Applications for a use permit for cannabis cultivation are required to contain an energy calculator quantifying the expected electricity usage and greenhouse gas emissions, a list of energy efficiency measures, best practices, and proposed greenhouse gas emission offsets. A minimum of fifty percent emissions offset or equivalent in efficiency measures is encouraged for indoor cannabis cultivation.

L. No use permits for cannabis cultivation shall be issued as of January 1, 2026.

(Ord. 819 § 7, 2020; Ord. 860, 1/5/2026)

Cannabis manufacturers must meet the following minimum requirements:

A. Cannabis manufacturing shall be conducted using only non-volatile solvents, or no solvents.

B. All employees of a cannabis manufacturing facility operating potentially hazardous equipment are required to be trained on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure. In addition, employees handling edible cannabis goods or ingredients are required to be trained on proper food safety practices.

(Ord. 819 § 7, 2020)

Cannabis processors must meet the following minimum requirements:

A. Cannabis processing facilities are facilities that process cannabis material that is produced off-site.

B. Processing facilities must be maintained in a clean and sanitary condition including all work surfaces and equipment.

C. Processing operations must implement protocols which prevent processing contamination and mold and mildew growth on cannabis.

D. Employees handling cannabis in processing operations must have access to facemasks and gloves in good operable condition as applicable to their job function.

E. Employees must wash hands before and after handling cannabis or use gloves.

F. Processing operations must implement safety protocols and provide all employees with adequate safety training relevant to their specific job functions, which may include:

1. Employee accident reporting and investigation policies;

2. Hazard communication policies, including maintenance of material safety data sheets (MSDS);

3. Materials handling practices;

4. Job hazard analyses; and

5. Personal protective equipment policies, including respiratory protection.

(Ord. 819 § 7, 2020)

Cannabis distributers must meet the following minimum requirements:

A. The distribution of cannabis goods within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5300 through 5315.

B. Cannabis distribution conducted by a permitted cannabis use within city limits is only allowed when the distribution activity is specifically authorized through a use permit.

C. Cannabis distribution that is not conducted by a permitted cannabis use within city limits will only be allowed upon the granting of a business license.

(Ord. 819 § 7, 2020)

Cannabis microbusinesses must meet the following minimum requirements:

A. Microbusinesses operating within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5500 through 5507.

B. A microbusiness may only conduct the commercial cannabis uses identified in Section 17.95.040 of this chapter.

C. All retail, non-volatile manufacturing, and distribution activities conducted by a permittee under a microbusiness must occur on the same premises.

D. Areas of the licensed premises for manufacturing and cultivation must be separated from the distribution and retail areas by a wall, and all doors between the areas are to remain closed.

(Ord. 819 § 7, 2020)

Testing laboratories operating within city limits must comply with all state regulations, including those implemented by the Bureau of Cannabis Control. This includes, but is not limited to, California Code of Regulations Title 16 Sections 5700 through 5739.

(Ord. 819 § 7, 2020)

This chapter may be enforced in any lawful manner by any peace officer, or by any employee, agent, or officer of any of the following city department or agencies:

A. Police department

B. Community development department

C. City attorney

D. Fire department

(Ord. 819 § 7, 2020)

Any violation of this chapter is hereby declared a public nuisance and may be abated by the city pursuant to Title 8 of this code.

(Ord. 819 § 7, 2020)

Any person who violated any provision of this chapter will be guilty of a separate offense for each and every day during which any person commits, continues to permit, or causes a violation thereof.

(Ord. 819 § 7, 2020)

Any violation of any provision of this chapter may be prosecuted as a misdemeanor.

(Ord. 819 § 7, 2020)

In addition to the civil remedies and criminal penalties set forth above, any violation of this chapter may be subject to administrative remedies, as set forth by Chapter 1.24.

(Ord. 819 § 7, 2020)

Notwithstanding this chapter, the city, its employees, agents, and officers have the authority to pursue any and all applicable remedies for any other violations of any local, state, or federal laws.

(Ord. 819 § 7, 2020)

Appendices

Appendix A. Employer-Employee Relations Rules

It is the purpose of this appendix to promote full communication between the city and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the city and employee organizations. It is also the purpose of this appendix to promote the improvement of personnel management and employer-employee relations by recognizing the right of public employees to join organizations of their own choice and be represented by those organizations in their employment relationships with the city. Nothing contained herein will be deemed to supersede the provisions of existing state law. This appendix is intended to strengthen employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the city.

(Ord. 705 Appx. A, 2004)

All terms, phrases, and words as used in these rules will have the meaning as defined in the municipal code or by common usage except for terms, phrases or words defined in this section as follows:

"Advancement"

means a pay increase within the limits of the pay range established for a job title.

"Appeal"

means any written request for relief filed pursuant to these rules.

"Applicant"

means any person who has filed with the city manager's office an application for employment with the city.

"Appointing authority"

means the officers of the city who, in their individual capacities, or as a board, commission, or city council, have the authority to make the appointment to the position to be filled pursuant to the applicable provisions of the code.

"Appointment"

means the selection of an acceptance by a candidate to a position in the classified service in accordance with these rules.

"Appropriate unit"

means a unit established pursuant to Section 8-252 of these rules.

"Assignment"

means the allocation of a job title to a pay plan range.

"Candidate"

means any applicant who fulfills the requirements of a given job description, who has successfully completed the required examination for that job description, and whose name has been listed upon an eligible list pursuant to these rules.

"Certification"

means the process of giving the appointing power the names of the candidates who are on an appropriate eligible list.

"Class"

means a position or group of positions having qualifications, duties and responsibilities sufficiently similar so that the same title, examples of duties and requirements have been applied.

"Classification plan"

means a series of job titles and their respective descriptions for the various positions within the city services adopted pursuant to these rules.

"Demotion"

means disciplinary action resulting in a change in the employment status:

From one position to a second position which requires less minimum qualifications and is assigned a lower pay range in the city's duly adopted pay plan; or

From one pay step to a lower pay step within a pay range assigned to a particular position.

"Discharge"

means involuntary and complete separation from a position for either disciplinary reasons or for failure to satisfactorily complete a designated probationary period.

"Eligible list"

means a list of candidates who have qualified for certification to a specific job title. Eligible lists will be in one of the following forms:

Reemployment List.

A list containing the names of previous employees who have been laid off, or have resigned and requested reinstatement following satisfactory service.

Employment List.

A list of candidates who have been examined competitively for either an initial or promotional appointment to a position.

"Employee"

is any person employed by the city, excepting those persons elected by popular vote or appointed to office by the governor of this state.

"Permanent employee"

means a classified service employee who has successfully completed the probationary period and has been retained as hereafter provided in these rules.

a.

"Permanent full-time"

means a permanent employee who provides full-time service to the city and who is compensated at full pay for the employee's position.

b.

"Permanent part-time"

means a permanent employee who provides less than full-time service to the city and who is compensated proportional to the amount of services provided to the city as provided by the individual's appointment document.

"Probationary employee"

means a classified service employee who has not completed the probationary period for a particular position pursuant to these rules.

"Temporary employee"

means an employee who is filling a position of limited duration only under a temporary appointment pursuant to these rules.

"Confidential employee"

means an employee who has access to information relating to or affecting employer/employee relations, including, but not limited to, the administrative analyst/personnel, provided, however, the city manager, in his sole discretion, may designate additional positions satisfying the requirements stated hereinabove.

"Contract employee"

means an employee who is an "at will" employee under the terms and conditions of an employment agreement approved by the employee and the appointing authority. Employees occupying the following positions are classified as contract employees:

a.

Chief of police;

b.

City engineer/director of public works;

c.

City manager;

d.

City planner/economic development specialist;

e.

Finance director;

f.

Fire chief;

g.

Housing authority director;

h.

Police lieutenant.

"Professional employee"

means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists. (This definition does not include the job title of police officer); provided, however, the city manager, in his sole discretion, may designate additional positions satisfying the requirements stated hereinabove.

"Technical and Supervisory employee."

Employees occupying the following positions are classified as technical and supervisory employees:

a.

Assistant public works director/operations;

b.

Police sergeant;

c.

Housing program supervisor;

d.

GIS and computer systems technician;

e.

Waste water treatment plant supervisor;

f.

Pool manager;

g.

Building inspector/code enforcement official;

h.

Junior civil engineer;

i.

Assistant city engineer/project coordinator;

j.

Technical operations supervisor;

k.

Housing rehab/grants coordinator provided, however, that subject to the provisions of California Government Code Section 3500 et seq., as applicable to city, the city manager may designate as supervisory employees additional positions or delete positions from such designation.

"Employee organization"

means any organization which includes employees of the city and which has as one of its primary purposes the representation of its members in their employment relations with the city.

"Examination"

means the process of measuring and evaluating the fitness and qualifications of applicants by appropriate testing procedures consisting of one or more of the following instruments alone or in combination:

Application evaluation test;

Personal interview test;

Performance test;

Physical agility test;

Written test;

Medical examination;

Psychological test;

Drug screen.

"Grievance"

means any matter for which appeal is not provided for, or prohibited in this Appendix A affecting employment or working conditions.

"Job description"

means a written statement of the essential factors which distinguish one job title from other job titles. The requisite parts of a job description are the title, duties and responsibilities, examples of work performed and minimum or desirable qualifications.

"Job title"

means a descriptive name given to a position.

"Layoff"

means involuntary separation because of shortage of funds or work.

"Majority representative"

means an employee organization, or its duly authorized representative, that has been granted exclusive recognition by the city council as representing the majority of employees in an appropriate unit

"Management Personnel."

Persons occupying the following positions are management personnel: city manager, chief of police, fire chief, director of finance, city engineer/director of public works, housing authority director, city planner/economic development specialist, police lieutenant; provided, however, that subject to the applicable provisions of California Government Code Section 3500 et seq., as applicable to city, the city manager may designate as management personnel additional positions or delete positions from such designation.

"Mediation" or "conciliation"

means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the city and the recognized employee organization(s) through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms.

"Meet and confer in good faith,"

sometimes referred to in this Appendix A as "meet and confer" or "meeting and conferring," will have the meaning as defined in Section 3505 of the California Government Code.

"Memorandum of understanding"

means a written statement, setting forth the matter on which agreement has been reached through meeting and conferring.

"Pay plan"

means a schedule of pay plan ranges and steps as adopted by the city council either through annual budget or a memorandum of understanding.

"Pay plan range"

means a designated series of pay plan steps ranging from the lowest to the highest step as incorporated in the duly adopted pay plan.

"Pay plan step"

means a specific amount of pay as adopted within a pay plan range.

"Position"

means a group of responsibilities requiring the full or part-time services of one person as designated by a job title and described by a job description as duly adopted in the city classification plan.

"Probationary release"

means the discharge or demotion of an employee from a position during the probationary period.

"Probationary period"

means a working test period during which an employee is required to demonstrate fitness for the duties to which appointment is made by satisfactory performance of the duties of the position.

"Promotion"

means a change in employment status from one position to a second position which requires higher minimum qualifications, is assigned more difficult duties and responsibilities, and is assigned a higher pay range.

"Reclassification"

means the modification of job duties and title supported by a classification analysis which identifies a different level and type of job duties as is described in the job description.

"Recognized employee organization"

means an employee organization which has been formally acknowledged by the city as an employee organization that represents employees of the city.

"Reduction"

means a pay decrease within the limits of the pay range established for a job title.

"Reinstatement"

means the return to employment of a person to the same position which the individual held at the time of separation.

"Resignation"

means voluntary separation from a position.

"Scope of representation"

means matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment as provided in California Government Code Section 3500 et seq. Subject to the provisions of said Government Code Section, as applicable to city, city rights as defined in Section 8-251 of these rules are excluded from "scope of representation."

"Suspension"

means the temporary, involuntary separation of an employee for disciplinary reasons for a specific period of time.

"Transfer"

means the change of an employee's employment status from one position to another position in either of the following cases:

A voluntary or involuntary transfer to a position having similar qualifications, duties and responsibilities, which does not result in any diminution of salary, change in benefits or other prerequisites;

A voluntary transfer to a position having lesser qualifications and/or duties and/or responsibilities which may or may not result in a diminution of salary and/or benefits and/or other prerequisites.

(Ord. 628, 1988; Ord. 705 Appx. A, 2004)

Except as otherwise provided by this Appendix A, the code, or any other law or rule duly adopted by city, Appendix A will apply to all city employees.

(Ord. 705 Appx. A, 2004)

Violation of any rule or regulation herein will be grounds for disciplinary action and subject to the applicable appeals procedure provided herein.

(Ord. 705 Appx. A, 2004)

These rules will be amended pursuant to the provisions of the municipal code; provided, however, that for at least ten working days immediately prior to hearing by the city council of the proposed amendment of any provision of this Appendix A, said amendment will be publicly posted on the public bulletin board in the city hall together with notice of the time, place and date of hearings by the city council. Recognized employee organizations whose members may be affected by the proposed amendment will be provided with a copy of the proposed amendment at least ten days prior to any hearings held by the city council. At the time of hearing by the council, any interested person may appear and be heard. Amendments will become effective upon adoption of resolution by the city council following such hearings, or at such time as the adopting resolutions may provide.

(Ord. 705 Appx. A, 2004)

The city will not attempt to elicit nor will it elicit any information of any kind or character from any applicant, candidate, officer or employee concerning that individual's political or religious opinions or affiliations. Personnel actions will not be affected or influenced in any manner by the following reasons: the political or religious opinion or affiliation, the race, the sex, the age, the national origin, ancestry, color, sexual orientation, disability, or marital status of the individual involved. Nothing contained herein will be construed to preclude the execution as may be required by law.

(Ord. 705 Appx. A, 2004)

A. Personnel Files. The city manager will maintain a personnel file for each employee and officer in the service of the city showing the name, title of position held, the department to which assigned, salary, changes in employment status and such other information as may be considered pertinent. Materials maintained in said personnel files which serve as a basis for affecting the employment status are to be made available for the inspection of the individual involved. Employees have the right to inspect said materials upon request and scheduling as provided by administrative procedure. Information of a derogatory nature will not be entered or filed unless the employee is provided a copy thereof and an opportunity to respond. An employee will have the right to comment on any such derogatory information and the comments will be retained with the information. No information will be disclosed from the personnel file of a current or former officer or employee, unless written permission is provided in a form approved by the city manager, other than the officer's or employee's job title, work location, work phone number or departmental assignment to any person other than the city manager, finance director, city attorney or their designated representatives. Nothing herein will preclude nor specifically deny the use of any information in personnel files in any phase of a disciplinary action.

B. Personnel Transactions. Every transaction, including, but not limited to, appointment, transfer, promotion, disciplinary action, change of salary rate, or any other temporary or permanent change in status of employees, will be reported to and approved by the city manager in such manner as may be prescribed by this Appendix A and a copy of such change will be provided to the officer or employee.

C. Destruction of Records. Destruction of personnel records will be carried out in accordance with the provisions of the California Government Code relative to destruction of records.

(Ord. 705 Appx. A, 2004)

A. Preparation or Revision. The city manager will ascertain and record the duties and responsibilities of all positions in the service of the city, and after consultation with the appointing authorities, other affected officials and affected employee organizations, will recommend a classification plan for such positions or matters relating to the classification plan. The classification plan will consist of the job titles and job descriptions for all city positions. The classification plan will be so developed and maintained that all positions substantially similar with respect to duties, responsibilities and other like characteristics of work are included within the same job title. When, in the case that the duties of a position have changed materially so as to necessitate reclassification, the position will be allocated to a more appropriate job title whether new or already created in the same manner as originally classified and allocated. The duties of the job title will also be redescribed should the duties of the position change materially. Reclassification will not be used for the purpose of avoiding restrictions regarding demotions and promotions. No person will be appointed to any position unless said position has been incorporated in the classification plan as provided by these rules.

B. Adoption or Amendment—Effect. Classification plan or any part thereof will be established by the city manager; provided, however, that prior to the city manager's consideration, the classification plan or any amendment will be approved and recommended by the employee's department head. The department head's recommendations will contain a list of duties, authorities, responsibilities and working conditions of the positions in the classification plan to determine common job titles. Prior to the city manager's approval of the classification plan or any amendment thereto, a copy of the proposed amendment will be distributed to the affected employee organizations and posted on the appropriate departmental bulletin board.

(Ord. 705 Appx. A, 2004)

A. Application and Applicants.

1. Announcement. Notice of vacancies for all positions in the classified service will be given by the preparation of employment opportunities announcements. The announcements will be posted in the city hall, and may further be posted, distributed or advertised in such a manner for the city manager will to yield maximum effectiveness and benefit to the city in securing the largest number of qualified applicants. The announcement will specify the position, title and pay range of the position for which the examination is announced, the nature of the work to be performed, minimum and desirable qualifications, the date, time, place and manner of making applications, the closing date for receiving applications, the types of tests to be administered in the examination, and other pertinent information.

2. Application Forms. Applications will be made on forms provided by the city manager. All applications must be signed by the person applying.

3. Disqualification. The city manager may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Such minimum qualifications may include physical or psychological requirements if they are bona fide occupational qualifications for the position to which the applicant seeks appointment. An applicant may be rejected from an employment list if the applicant has made any false statement on the application on any material fact, or has practiced or attempted to practice any deception or fraud on his application. Whenever an application is rejected, notice of such rejection will be mailed to the applicant by the city manager.

B. Examinations.

1. Subject and Methods of Examinations. Examinations may be assembled, unassembled, written, oral, practical demonstration, or in any other combination which will evaluate fairly the qualifications of applicants. In whatever form the examination takes, it will relate to job responsibilities for the position and will be structured fairly to measure the applicant's capability to perform in the position. Examinations may consist of one or more of the following parts:

a. Performance Tests. The performance test is that part which deals with the duties of a position, and is designed to test the ability of an individual to perform those duties. Example: The practical test of driving or typing.

b. Written Test. The written test is that part which examines the knowledge and training which forms the basis for performing the duties of the position.

c. Application Evaluation Test. The application evaluation test is that part which reviews the applicant's training and experience as measured in relation to the minimum qualifications of the position and those of other applicants, through an analysis of application forms. Recommendations provided by references indicate the character of past employment, sobriety and general standing in the community as related to the requirements of the job may be included as part of this evaluation.

d. Physical Agility, Medical or Psychological Tests. A physical agility, medical and/or psychological examination or test may be required of any position.

e. Personal Interview Test. The applicant may be questioned on the duties of the position, training and experience, the nature of work previously performed, and other occupational qualification questions in order to determine the applicant's fitness for the position.

2. Conduct of Tests. The city manager will administer such tests as are appropriate and will arrange for the use of public building, materials, and equipment for the conduct of tests. All tests will be held unless no qualified applicants are available for testing.

3. Qualifying Grade. In all tests the minimum grade or standing for which eligibility may be earned will be based upon all factors in the test, including educational requirements, experience, occupational qualifications of the position, and other test validity studies. Failure in one test of an examination may be grounds for declaring that an applicant has failed the entire examination or is disqualified for subsequent parts of an examination.

4. Notification of Results. Each applicant taking an examination will be given written notice of the results thereof and of the applicant's final rating and, if successful, of the applicant's relative position on the subsequent eligible list. An error in grading or rating, if called to the attention of the city manager within ten days after notification of the results of the examination, will be corrected and appropriate changes to any eligibility list made. Corrections will not, however, invalidate a certification or appointment previously made. In promotional examinations applicants may be provided an analysis of their test results of only written standardized tests.

5. Review of Examination Contents. City will receive and review any and all comments offered by applicants concerning the examinations, their validity, and any other comments the applicant desires to offer.

C. Eligible Lists.

1. Employment. As soon as possible after the conclusion of an examination the city manager will prepare and keep available a list of names of persons successful in the examination. The final rating will be determined by the total of the scores received by each applicant for each test of the examination based upon the relative value assigned to each test. Applicants achieving identical final ratings will be ranked numerically in an alphabetical order by last name.

2. Reemployment Lists. Employees laid off under the provisions of subsection E of Section 8-218 of these rules will be placed on a reemployment list in the order of layoff. Employees who have resigned in good standing upon their request at the time of termination of employment will be placed on reemployment list for positions for which they are qualified following the names of employees laid off. Employees who resign and so request placement on the reemployment list(s) will be placed on the list(s) in the order, most to least, of the number of years in the position covered by the list.

3. Duration. Employment lists will become effective upon the approval of the city manager and upon certification that the same were properly prepared and represent the relative ratings of the names appearing thereon. Employment lists will remain in effect for one year and may be extended by action of the city manager for additional six month periods, but in no event will an employment list remain in effect for more than two years. Reemployment lists will remain in effect for a period not less than one year and so long as the employment list for the same position remains active.

4. Removal of Names from Eligible List. Candidates will be notified during examinations that their names will be removed from an employment list by the city manager:

a. If the candidate requests in writing that candidate's name be removed;

b. If the candidate fails to respond to a notice of certification mailed to the candidate's last known address;

c. If the candidate, having been certified for appointment three times, has not been appointed;

d. Or, if the candidate is no longer qualified for the position. The candidate affected will be notified of the removal by notice mailed to candidate's last known address. The names of candidates listed on a promotional basis who have either resigned or are discharged from the service of the city will automatically be removed from any such lists.

5. Order of Precedence. The order of precedence for employment will be as follows:

6. Reemployment list;

7. Employment list.

D. Method of Filling Vacancies.

1. Types of Appointment. All vacancies will be filled by transfer, reemployment, demotion, promotion, or by candidates certified by the city manager from an eligible list, if available. If there are no eligible persons, temporary appointment may be made in accordance with this Appendix A.

2. Notice to City Manager. Whenever a vacancy is to be filled, the city manager will be notified. The city manager will be advised as to the availability of employees for reemployment, request for transfer or demotion, and of candidates on employment lists for the position. The names of all candidates willing to accept appointment will be certified in the order in which they appear on the eligible list.

3. Appointment. After interview and investigation the appointing authority will make appointments from among the top five ranked candidates, including ties, certified in compliance with this Appendix A; provided, however, that should an eligible list be certified with less than three names on it, the appointing authority may obtain a new eligible list prior to appointment of any candidate. The city manager will notify the candidate selected. If the candidate accepts the appointment and reports for duty within such period of time as the appointing authority prescribes, and provides information and material as required by the city manager, the candidate will be deemed appointed; otherwise, the candidate will be deemed to have declined the appointment. Any candidate not appointed and who has a higher ranking than the candidate appointed pursuant to the provisions of this subsection will, upon request, be provided with a statement from the appointing authority describing the employment qualifications which the candidate should attempt to strengthen in order to make him or her a more desirable candidate for employment.

4. Temporary Appointments. In the absence of appropriate eligible lists, a temporary appointment may be made by the appointing authority if the person appointed meets the minimum training and experience qualifications for the position. An eligible list will be established within three months for any permanent position filled by temporary appointment. A temporary appointment may not exceed three months; provided, however, that the city manager may extend the period for any temporary appointment to a temporary position for not more than ninety additional days. No credit will be allowed in meeting any qualification or in the giving of any test or in the establishment of any eligible list for services rendered under a temporary appointment.

5. Civil Defense and Disaster —Emergency Appointments. City's office of emergency services may make emergency appointments without regard to the provisions of this Appendix A.

(Ord. 705 Appx. A, 2004)

A. Probationary Period.

1. Objective. The probationary period will be regarded as a part of the examination process and will be utilized for closely observing the employee's work, for securing the most efficient training in adjustment of a new employee to the position, and for rejecting any probationary employee whose performance is below average or unsatisfactory.

2. Regular Appointment Following Probationary Period. All appointments will be subject to a probationary period of six months; provided, however, that the city manager may extend the probationary period for any given job title not to exceed an additional twelve months upon finding that length of the initial probationary period in relation to training and other requirements of the position is insufficient to evaluate adequately a probationary employee's fitness. Employees serving their probationary periods at the time an extension for the job title is made will not have their probationary periods extended. Nothing contained herein will prohibit a department head from requesting an individual extension of a probationary period in place of termination.

3. Probationary Reports. Employee performance reports for probationary employees will be prepared at three month intervals through the entire probationary period. These reports will be submitted to the city manager on a prescribed form and will be filed for permanent record. Each report will be discussed with the employee and may be signed by the employee at that time and a copy will be given to the employee. If employee refuses to sign the performance report, said report will be annotated to that effect and placed in the employee's personnel file.

4. Rejection—Nonpromotional. During the probationary period an employee may be rejected at any time by the appointing authority. A probationary employee so rejected will not have the right to appeal such rejection or to file a grievance relating thereto. Notification of rejection in writing will be served upon the probationary employee seven days prior to the discharge date, except in the case of an emergency, and a copy will be filed with the city manager as soon as possible.

5. Rejection—Promotional. Any employee rejected during the probationary period following a promotional appointment will be reinstated to the position from which the employee was promoted.

B. Transfer. An employee may be transferred at either the employee's request or at the discretion of the appointing authority at any time from one position to another position in the same comparable class. If the transfer involves a change from the jurisdiction of one department or office to another, the prior consent of the head of each department or office will be required unless the appointing authority orders the transfer for the purposes of economy or efficiency. Transfer will not be utilized to effectuate promotion, advancement, reduction, or disciplinary action. No employee will be transferred to a position for which the employee does not possess the minimum qualifications. If an employee is involuntarily transferred, the employee may file a grievance to appeal such transfer, in the manner as provided by this Appendix A.

C. Promotion. Vacancies may be filled by promotion from within the classified service or by open competitive examination. Appropriate examinations will be used to develop an eligible list for determining qualified promotional candidates. The decision as to whether a particular examination will be on a competitive or on a promotional basis will be made by the city manager, based upon the determination as to how best the position can be filled to satisfactorily meet the needs of the service.

D. Demotion.

1. Except as provided in Section 8-220, demotion is a disciplinary action available to the appointing authority.

2. Upon request of the employee, and with the prior consent of the prospective department or office head, demotion may be made to a vacant position.

3. No employee will be demoted to a position for which the employee does not possess the minimum qualifications.

E. Layoff. An appointing authority may lay off an employee in the classified services as dictated by the needs of the service as determined by the appointing authority. Employees within a classified service job title affected by a layoff will be laid off in an inverse order based upon a rating derived as follows: An employee will be rated based upon the employee's length of service (one point for each year) plus skills (one point for each six months of outstanding employment). On or before the pay period next preceding the effective date of the layoff, the appointing authority will notify the affected employee(s). If service has been satisfactory, the name of the employee(s) laid off will be placed on the appropriate reemployment list as provided by these rules.

F. Resignation. An employee wishing to resign in good standing will file with the employee's supervisor at least two weeks before leaving the service a written resignation stating the effective date and reasons for leaving. Failure to comply with this rule will be entered on the service record of the employee and may be cause for denying future employment by the city. The resignation will be forwarded by the supervisor, through the department head, to the city manager with a statement by the appointing authority or department head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. An employee who fails to give notice of resignation will be reported to the city manager by the department or office head immediately, and is not eligible for reemployment. An employee who leaves the service in good standing may request reemployment rights through the city manager as described by this Appendix A.

(Ord. 705 Appx. A, 2004)

The manner and method of pay for employees is prescribed in the annual budget of the city and/or duly adopted memoranda of understanding, If, in the case the employee's probationary period is extended as provided by this Appendix A, an employee will nonetheless be eligible for pay advancement at the expiration of the initial probationary period, if such pay changes are provided by the annual budget of the city and/or memoranda of understanding affecting the employee's job title. Such pay change will be effective only after the department head has certified that the employee has performed satisfactorily during the initial probationary period.

(Ord. 705 Appx. A, 2004)

A. Applicability.

1. The provisions of this section, including permitted disciplinary actions, and hearing and procedural requirements, will be available only to permanent classified employees and permanent classified management employees.

2. Disciplinary action may be taken against any person employed by the city who is neither a permanent classified employee nor a permanent classified management employee without regard to this section. City personnel who are not permanent classified or classified management may be disciplined without cause and will have no right to the notice and hearing requirements set forth within or to any other notice and hearing provision whatsoever.

B. Permitted Disciplinary Action. The following disciplinary actions may be taken against an employee for one or more of the causes for discipline specified in subsection D of this section, or for any other just cause:

1. Discharge;

2. Demotion;

3. Suspension without pay;

4. Written reprimand;

5. Verbal reprimand;

In the case of suspension without pay, such suspension will not exceed thirty working days, and no employee will be penalized by suspension for more than thirty working days in any fiscal year.

C. Delegation of Disciplinary Authority. The city manager may, at any time, authorize any department or office head to discipline subordinate employees subject to the procedures in these rules.

D. Causes for Disciplinary Actions. Causes for disciplinary action against any employee will include, but not be limited to, the following listed causes; disciplinary action may be taken for any other just cause, even though it may not appear hereinbelow:

1. Fraud in securing employment;

2. Neglect of duty;

3. Willful violation of safety rules;

4. Tardiness;

5. Unauthorized absence;

6. Being under the influence of alcohol and/or any drugs during working hours;

7. Refusal or failure to perform assigned work;

8. Violation of any city rule, regulation or ordinance applicable to an employee's performance;

9. Conviction of a felony or any crime involving moral turpitude;

10. Offensive treatment of the public or fellow employees;

11. Disobedience of lawful order;

12. Misuse, misappropriation or theft of city property;

13. Falsification of city records;

14. Unauthorized sleeping on the job;

15. Incompetent, inept, substandard or untimely performance of assigned work;

16. Instigates fellow employees into disobedience of supervisors;

17. Violation of any applicable city or state financial conflict of interest laws, rules or regulations.

E. Procedural Requirements Prior to Disciplinary Action. No employee for whom this section applies will be subject to disciplinary action unless such employee has received:

1. Notice of the proposed action and of the grounds for such action;

2. A written copy of the charges and grounds for such charges;

3. A reasonable time to answer the charges, not to exceed fifteen days;

4. A written decision on such answer at the earliest practicable date, not to exceed fifteen days following the answer. No disciplinary action will be taken against an employee until the time period provided herein has been exhausted without a response from the employee or the employee has responded to the proposed disciplinary action.

F. Notice of Proposed Action. An employee against whom disciplinary action is pending is entitled to reasonable advance written notice stating any and all reasons, specifically and in detail, for the proposed action. The material on which the notice is based and which is relied on to support the reasons in that notice including, but not limited to, statements of witnesses, documents, and investigative reports or extracts will be assembled and made available to the employee for review. The notice will inform the employee when and where the employee may review such materials. Material which is classified as confidential, and as such, is not available for the employee to review will not be used to support the reasons in the notice.

G. Employee's Answer. An employee is entitled to a reasonable time, not to exceed fifteen days unless the appointing authority authorizes a longer time, to answer a notice of proposed disciplinary action. The time to be allowed depends on the facts and circumstances of the case, and will be sufficient to afford the employee ample opportunity to review the material relied on by the appointing power to support the reasons in the notice and to prepare an answer. If the employee answers, the appointing power will consider the answer in reaching a decision. The employee is entitled to answer through a designated representative, personally, or in writing, or any combination. The right to answer personally includes the right to answer orally in person by being given a reasonable opportunity to make any representations which the employee believes might affect the final decision in the case. When the employee requests an opportunity to answer personally, the appointing power will personally hear the answer. The word "answer" will include such statements, affidavits, declarations, or other evidentiary matter as the employee may wish to submit.

H. Status of Employee During Notice Period. Except as otherwise provided, an employee against whom disciplinary action is proposed is entitled to be retained in an active status during the notice period. When circumstances are such that the retention of the employee in an active status in the employee's position may result in damage to city property or may be detrimental to the interests of the city or injurious to the employee, fellow workers or the public, the appointing authority may temporarily assign the employee to duties in which these conditions do not exist or place the employee on paid suspension.

I. Notice of Decision. Any employee against whom disciplinary action is pending is entitled to notice of the appointing authority decision at the earliest practicable date, not to exceed fifteen days following the answer. The appointing authority will deliver the notice of decision to the employee at or before the time when the action will be effective. If discipline is to be imposed, the notice will be in writing, be dated and inform the employee of the following:

1. Which of the reasons in the notice of proposed disciplinary action have been sustained and not sustained;

2. Of the right to appeal the notice of decision, as provided in this section, if and only if such disciplinary action results in discharge, demotion or suspension. The employee will have no such right to appeal if the disciplinary action is with a written reprimand or a verbal reprimand. However, the employee may provide a written response to the reprimand and the response will be placed in employee's personnel file;

3. Of the time limit for such appeal, if after notice and answer the appointing authority decides not to discipline the employee, the employee will be notified within fifteen days following the answer. A decision not to discipline will be accompanied by a directive to the city manager to delete all reference to the pending action from the employee's personnel file.

J. Appeal of Disciplinary Actions.

1. If, pursuant to the provisions of subsection I of this section, an employee appeals the notice of decision, a hearing officer will be named to hear the matter. The hearing officer will be appointed from a list maintained by the city clerk. The city clerk's appointment will be by random selection from among those appearing on the list. Both the employee and the city will have the right to challenge and refuse any person so selected, the employee to first exercise this right; provided, that the employee and the city may each so challenge only one person. The city clerk's random selection will proceed until both parties are satisfied with the selection or until their rights to challenge are exhausted. The list will be compiled by obtaining names from the Del Norte County Bar Association or by another agency independent of the city for the purpose of providing impartial, competent hearing officers to hear disciplinary appeals.

2. The hearing authorized herein will be held within thirty days following the request for hearing.

3. Whenever a hearing on any disciplinary action is to be held, the city manager will notify the person requesting the hearing and the appointing authority from whose action the appeal is being taken, of the date, time and place of the hearing and will publicly post a notice of the date, time and place of hearing on the public bulletin board in the City Hall.

4. The hearing may be public or closed, at the employee's option.

a. The employee requesting the hearing will be required to appear at the hearing.

b. The employee requesting the hearing may be represented by any person.

c. Unless otherwise mutually agreed upon by the employee and city's representative, during the hearing any and all witnesses to be called by either the employee or city will be excluded from the hearing room unless actually testifying; provided, that both the employee and city may designate a person, who will not be subject to the exclusion, who has investigated the matter at issue in the hearing and whose assistance during the hearing is necessary to the efficient conduct of the hearing.

6. The hearings will proceed generally as follows:

a. The city's representative and the affected employee may make opening statements.

b. The city's representative will present oral and/or documentary evidence in support of city's position; the affected employee may cross-examine any witness called by city.

c. The affected employee may present evidence in employee's own behalf; the city's representative may cross-examine such witnesses.

d. Both the city and the affected employee may subpoena witnesses and present rebuttal evidence.

e. The hearing officer will rule on any objections made to the admissibility of evidence or otherwise relating to the conduct of the hearing. Such rulings will be final.

f. The city's representative and the affected employee may make closing statements.

7. Hearing Officer's Action.

a. Upon the conclusion of any investigation or hearing, the hearing officer will cause findings and recommendations to be prepared in writing and will certify the same within twenty days.

b. The hearing officer will, at a minimum, find whether the city has shown by a preponderance of the evidence that the charges in support of the disciplinary action have been substantiated. Such a finding will be made as to each charge. If the hearing officer finds that none of the charges are supported by the evidence presented, the recommendation will be that no disciplinary action be taken. If the hearing officer finds that any or all of the charges are supported, the hearing officer will either:

i. Recommend that the proposed disciplinary action be carried out;

ii. Recommend such other disciplinary action deemed appropriate under the circumstances;

iii. Recommend that no disciplinary action be taken.

c. The hearing officer's findings and recommendations will be filed as a permanent record with the city manager and will be signed by the city manager. The city manager will deliver a certified copy of such findings and recommendations to the appointing authority and to the employee affected by such findings and recommendations, or from whose action the appeal was taken.

8. If, due to any cause, a hearing cannot be held and an employee is subsequently denied such hearing within the time stated herein, action will be deferred until a hearing can be scheduled, provided, that the provisions of subsection H of this section will apply.

9. The appointing authority will review the findings and recommendations, the record of the hearing and any other information submitted in writing by the employee, and will then determine in light of such record and other information supplied by the employee whether the disciplinary action in the notice of decision (subsection I of this section) is proper. If it is determined that the action is proper, the employee will be notified in writing and no further action will be necessary. If it is determined that the action is not proper, the actions will be rescinded and steps necessary to adjust the employee's records and pay to reflect such rescission will be taken. Nothing herein will be construed to preclude the appointing authority from imposing a less severe disciplinary action than that imposed under subsection B of this section, following review of the records. For this purpose, the order of severity, from most severe to least, will be as listed in subdivisions 1 through 5 of subsection B of this section.

(Ord. 705 Appx. A, 2004; Ord. 811 § 2, 2019)

A. General Prohibition. No officer or employee of the city will engage in any employment, activity, or enterprise for compensation of any kind or character which is inconsistent, incompatible, or in conflict with his or her duties as an officer or employee of the city or the duties, functions or responsibilities of his or her appointing power of the city itself.

B. Definition of Employment Activities. For the purpose of this section, an employment activity or enterprise is inconsistent, incompatible, or in conflict with those various duties, functions or responsibilities set forth above if it:

1. Involves the use for private gain or advantage of the city's time, facilities, equipment or supplies; the badge, uniform, prestige or influence of the city (except in special programs authorized and approved by the city); or

2. Involves receipt or acceptance by an officer or employee of the city of any money or other consideration from anyone other than the city for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of his or her duties as a city officer or employee; or

3. Involves the performance of an act in other than his or her capacity as an officer or employee of the city which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer, employee or elected official of the city; or

4. Involves such time demands as would render performance of duties as a city officer or employee less efficient.

C. City Manager's Approval. No permanent officer or employee of the city will be gainfully employed at any employment activity or enterprise outside of city service without prior approval from the city manager. If the city manager seeks such approval for him or herself, it will be reviewed by the city council.

D. Administrative Procedure. Procedures and guidelines for application for approval as well as a listing of those occupations, activities and enterprises prohibited pursuant to subsection B of this section will be set out in administrative procedures available to any and all officers and employees.

E. Grandfather Protection. All provisions of this section will apply to any outside employment held by an employee or officer on the effective date of this section, as well as any outside employment sought after such effective date; provided, however, that as to any outside employment held on the effective date of this section which is not approved, the city manager will allow a reasonable period, not to exceed one year, for disassociation with such outside employment.

F. Grievance Authority. Any person dissatisfied with a decision of the city manager under this section may request a hearing regarding the decision before a hearing officer selected in a manner provided in subsection J of Section 8-220. The following will apply to said hearings:

1. The hearing will be held within twenty days of the employee's request for hearing;

2. The employee may be represented by any person;

3. The employee and the city manager may present testimony and documentary evidence in support of their respective positions;

4. At the close of the hearing, and in no event more than ten days following the conclusion, the hearing officer will prepare findings, conclusions and recommendations regarding the propriety of the city manager's decision; and

5. The findings, conclusions and recommendations will be forwarded to the city manager who, within ten days of receipt of same, will either confirm or reverse the decision of the hearing officer. The city manager's action will be final.

(Ord. 705 Appx. A, 2004)

A. Statement of Purpose. The purpose of this Section 8-250 is to implement Chapter 10, Division 4, Title 1 of the Government Code of the state (Section 3500 et seq.), captioned "Public Employee Organizations," and known as the Meyers-Milias-Brown (MMB) Act, by providing orderly procedures for the administration of employer-employee relations and for the resolutions of disputes regarding wages, hours, and other terms and conditions of employment within the scope of representation.

B. Employee Rights. Employees of the city will have the right to form, join and participate in the activities of employee organizations of their choice for the purpose of representation on all matters of employer-employee relations within the definition of the scope of representation. Employees of the city also have the right to refuse to join or participate in the activities of employee organizations, and have the right to represent themselves individually in their employment relations with the city. No employee will be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of an employee's exercise of these rights.

C. City Rights. The rights of the city include, but are not limited to:

1. The exclusive right to determine the mission and organization of its constituent departments, offices, commissions, and boards;

2. Set goals and standards of services;

3. Determine the standards of selection for employment and promotion;

4. Direct its employees;

5. Take disciplinary action;

6. Relieve its employees from duty because of lack of work, funds, or for other legitimate reasons in accordance with applicable law and rules;

7. Maintain the efficiency of governmental operations;

8. Determine the methods, means and personnel by which government operations are to be conducted, including the contracting and/or subcontracting of work;

9. Determine the goals and objectives, and minimum qualifications of job positions;

10. Take all necessary actions to carry out its mission in emergencies;

11. Exercise complete control and direction over the organization and technology of performing work.

D. Access to Work Locations. Reasonable access to employee work locations will be granted officers of recognized employee organizations and their officially designated representatives. This access is for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives will not enter any work location without the consent of the head of that department or office. Access will be restricted to prework time, lunch or after work hours so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collection dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, will not be conducted during working hours, nor with the use of city facilities or equipment, except as provided below.

E. Use of City Facilities. Employee organizations may be granted the use of city facilities during nonworking hours for meetings of city employees, provided space is available; and such meetings are not used for membership drives of city employees. All requests will be in writing and will state the purpose of the meeting. A copy of the meeting agenda will be furnished to the city manager as soon as it is available, but no less than twenty-four hours prior to such meeting. The city may assess reasonable charges for the use of such facilities in accord with any applicable administrative procedure regarding the particular facility. The use of city equipment other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards, is prohibited, the presence of such equipment in approved city facilities notwithstanding. Notwithstanding anything to the contrary herein, recognized employee organizations may use any city facility open to the public for any lawful purpose upon application to the city clerk.

F. Use of Bulletin Boards. Recognized employee organizations may use portions of city bulletin boards under the following conditions:

1. All material must be dated and identify the organization that published them.

2. The city reserves the right to determine what portion of the bulletin boards are to be allocated to employee organization materials.

3. The city manager may remove materials which are considered disruptive to the city services.

4. Unless otherwise agreed upon, materials posted will be removed thirty-one days after posting.

5. An employee organization that does not abide by these rules will forfeit its right to have materials posted on city bulletin boards.

G. Availability of Data. The city will make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250 through 6260. Such information will be made available during regular office hours in accordance with the city's procedures for making public records available and after payment of reasonable costs for reproduction and labor. Information which will be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, at the discretion of the city, but will not be made available in such form as to disclose the source.

H. Peaceful Performance of City Services.

1. If a recognized employee organization, by and through its authorized representatives, officers, or agents, causes, instigates, encourages or condones a strike or a work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the city manager:

a. May revoke or suspend, subject to the right of organization to appeal the suspension or revocation to the city council at its next regular or adjourned regular meeting, the recognition granted to such employee organization;

b. May suspend or cancel any or all payroll deductions payable to such organizations;

c. May prohibit the use of city facilities;

d. May prohibit access to former work or duty stations by such organization. The city will not prohibit employees from entering their job sites for the purpose of performing their jobs in accordance with city rules and regulations.

2. As used in this section "strike or work stoppage" means the concerted failure to report for duty, the unexcused absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation, of the rights, privileges or obligations of employment.

3. Any decision of the city manager made under the provisions of this section may be appealed to the city council by filing a written notice of appeal with the city clerk. The notice will be accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such notice of appeal must be filed within seven days after the affected employee organization first receives notice of the city manager's decision. Failure to file within the stated period will be deemed a waiver of the right to appeal and waiver of any and all future rights with respect thereto. If an appeal is filed, the council will hear the matter and issue a decision as soon as practicable, but in no event later than forty-five days following the filing of the notice of appeal.

I. Dues Deduction.

1. Only a recognized employee organization may be granted permission to have the regular dues of its members deducted from their paychecks, in accordance with procedures prescribed by the city manager.

2. Dues deduction will be made only upon the voluntary written authorization of the employee, on a form provided by the city. Dues deduction authorization may be cancelled and the dues deduction from payroll discontinued at any time by the employee upon voluntary written notice to the finance director unless otherwise provided. Dues deduction may continue only upon voluntary written authorization of the member for a period of time not to exceed the time period as provided in a memoranda of understanding. Employee payroll deduction authorizations will be in uniform amounts to each employee for dues deductions and paid only to one employee organization for each employee.

3. The employee's earnings must be sufficient to pay the dues deductions after other legal and required deductions are made. All other legal and required deductions have priority over employee organization dues. When an employee, who is a member in good standing of the formally recognized employee organization, is in a leave without pay (LWOP) status for an entire pay period, no dues withholding will be made to cover that pay period from future earnings nor will the employee deposit the amount with city which would have been withheld if the employee had been in a paid status during that period. In the case of an employee who is in a LWOP status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction will be made. The city will have no liability whatsoever of any kind or character regarding dues deduction relative to an employee who has insufficient net earnings remaining after all legal and other required deductions to pay the authorized dues deduction or who has no earnings by virtue of being on leave without pay status.

4. Dues withheld by the city will be paid monthly on or before the fifteenth day of the month next following the month in which the dues were deducted. A check will be prepared and payable to the organization by the officer designated in writing by the organization as authorized to receive such funds and at the address specified.

5. All employee organizations who receive dues deductions will indemnify, defend and hold the city harmless against any claims made and against any suit instituted against the city on account of deduction of employee organization dues. In addition, all such employee organizations will refund forthwith to the city any amounts paid to it in error upon presentation of supporting evidence.

(Ord. 705 Appx. A, 2004)

A. Recognition Proceedings.

1. Request for recognition as the majority representative:

a. An employee organization that seeks recognition as the majority representative in an appropriate unit will file a petition for recognition with the city manager containing all of the information set forth herein, accompanied by written proof that at least fifty percent of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relation with the city. Upon receipt of the petition for recognition, the city manager will determine:

i. That there has been compliance with the requirements of the petition for recognition; and

ii. Determine the appropriateness of a unit. If an affirmative determination is made by the city manager on the foregoing two matters, the manager will give notice of such request for formal recognition to the employees in the unit and will take no action on said request for thirty days thereafter; if either of the foregoing matters are not affirmatively determined, the city manager will inform the employee organization of the reasons in writing.

B. Petition for Recognition Requirements. The petition for recognition to be filed with the city manager will contain the following information and documentation:

1. Name and address of the employee organization;

2. Names and titles of its officers;

3. Name(s) of employee organization representatives) who are authorized to speak on behalf of its members;

4. A statement that the employee organization has, as one of its primary purposes, the representation of employees in their employment relations with the city;

5. A statement as to whether or not the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with a regional, state, national or international employee organization, or union, and, if so, the name and address of each such regional, state, national or international employee organization or union;

6. Certified copies of the employee organization's constitution and bylaws and articles of incorporation;

7. A designation of a person, and their address, to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose;

8. A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to city employees, and a statement that the organization agrees to comply with the provisions of this Appendix A;

9. A statement that the employee organization does not discriminate or restrict membership or participation based on race, color, age, national origin, sex, ancestry, sexual orientation, political or religious affiliation, disability, or marital status.

10. The job titles, names, and office or departmental affiliation of member employees in the unit claimed to be appropriate;

11. A statement that the employee organization has in its possession written proof; dated within two months of the date upon which the petition is filed, to establish that employees in the unit claimed to be appropriate, have designated the employee organization to represent them in their employment relations with the city. Such written proof will be submitted for confirmation to the city manager;

12. A request that the city council recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation;

13. All petitions, including accompanying documents, will be verified, under oath, by at least two officers of the organization that the statements are true and that the signatures are authorized and valid. All changes in such information will be filed, forthwith, in like manner.

C. Determining Appropriateness of Units.

1. The city manager, after reviewing the petition filed by an employee organization seeking formal recognition as majority representatives, will determine whether the proposed unit is an appropriate unit. The principle criterion in making this determination is whether there is a community of interest among such employees. The following criteria, among others, are also to be considered in making such determination:

a. The history of employee relations:

i. In the unit,

ii. Among other employees of the city, and

iii. In similar public employment;

b. The effect of the unit on the efficient operation of the city and sound employer-employee relations;

c. The extent to which employees have functional relationships, common skills, working conditions, job duties;

d. The effect on the existing classification plan of dividing a single class among two or more units. Preference will be given to the largest possible class consistent with criteria listed herein.

2. In the establishment of appropriate units, professional employees will not be denied the right to be represented separately from nonprofessional employees. Management and confidential employees will not be included in the same unit with nonmanagement or nonconfidential employees.

3. Police department employees who are "Peace officers," as that term is defined in Chapter 4.5, commencing with Section 830, of Title 3 of Part 2 of the Penal Code of the state, may join or participate only in an employee organization which is composed solely of such peace officers, which concerns itself solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which is not subordinate to any other organization.

4. No employee may be represented by more than one recognized employee organization for the purposes of this Appendix A.

5. Notwithstanding any provisions provided herein, the city retains the right to communicate with unrepresented employees or groups of employee individuals concerning wages, hours and other terms and conditions of employment.

D. Recognition Proceedings and Election.

1. Within thirty days of the date notice of employees is given, any other employee or organization (hereinafter referred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a petition for recognition, provided that such challenging organization submit written proof that it represents at least fifty percent of the employees in such unit. The city manager will hold a hearing on such overlapping petitions, at which time all affected employee organizations will be heard. Thereafter, the city manager will determine the appropriate unit or units as between such proposed overlapping units in accordance with the criteria as set forth herein.

2. If the written proof submitted by the employee organization in the unit found to be appropriate establishes that it represents more than seventy percent of the employees in such unit, the city manager may, in his discretion, certify to the city council that formal recognition should be granted to such employee organization without a secret ballot election.

3. When an employee organization in the unit found to be appropriate submits written proof that it represents at least fifty percent of the employees in such unit, and it does not qualify for, or has not been granted, recognition pursuant to subdivision 2 of subsection D of this section, the city manager will arrange for a secret ballot election to be conducted by the city clerk or the State Conciliation Service. All challenging organizations who have submitted written proof that they represent at least thirty percent of the employees in the unit found to be appropriate, and have submitted a petition for recognition as required by this section, will be included on the ballot. The choice of "no organization" will be included on the ballot. Employees eligible to vote in such election will be those persons regularly employed in permanent, full-time positions within the unit who were employed during the pay period immediately prior to the date which is fifteen days before the election, including those who did not work during such period because of illness, vacation, or authorized leaves of absence and who are employed by the city in the same unit on the date of the election. An employee organization will be granted recognition following an election or run-off election if the employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit in which the election is held (i.e. fifty percent plus one of the votes of all eligible employees). In an election involving three or more choices, where none of the choices receives a majority, a runoff election will be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election will also apply to a runoff election.

E. Impasse in Representation Proceedings. Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the city manager made pursuant to Section 8-252 will be processed in accordance with the procedures set forth in Section 8-254 and must be filed with the city manager within seven days after the affected employee organization first receives notice of the decision upon which its complaint is based, or its complaint will be considered closed and not subject to the impasse procedures or to any other appeal.

F. City Council Recognition of Majority Representative.

1. After the city manager has determined the majority representative of city employees in an appropriate unit by arranging for a secret ballot election as prescribed herein or by any other reasonable method which is based upon written proof; and is designated to ascertain the free choice of a majority of such employees. The manager will:

a. Certify to the city council the choice of the majority of the employees or the name of the employee organization found to represent a majority of the employees in an appropriate unit;

b. Not preclude any recognized employee organizations, or individual employees, from consulting with management representatives on employer-employee relation matters of concern to them.

2. The city council will:

a. Grant formal recognition to the employee organization certified by the city manager as found to represent the majority of the employees in an appropriate unit and will be the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit;

b. Revoke the recognition rights of a majority representative, which has been found by a secret ballot election no longer to be the majority representative.

G. Duration of Recognition. When an employee organization has been recognized, such recognition will remain in effect until such time the city manager determines, on the basis of a secret ballot election in accordance with the foregoing rules, the employee organization no longer represents the majority of the employees and the affected unit; provided, a memorandum of understanding, if any, negotiated by such a decertified employee organization will remain in full force and effect until the expiration date provided in the existing memorandum, the city will have no obligation to negotiate a new memorandum of understanding as to any employees within the newly certified employee organization until such expiration date.

H. Decertification of Recognized Organization.

1. A petition for decertification alleging that an employee organization granted formal recognition is no longer the majority representative of the employees in an appropriate unit may be filed with the city manager. The petition for decertification may be filed by an employee, a group of employees or their representative, or an employee organization. The petition including all accompanying documents, will be verified, under oath, by the person signing it, that its contents are true. It may be accompanied by a petition for recognition by a challenging organization. The petition for decertification will contain the following information:

a. The name, address and telephone number of the petitioner and/or a designated representative authorized to receive notices or requests for further information;

b. The name of the formally recognized employee organization;

c. All allegations that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts;

d. Written proof that at least fifty percent of the employees in the unit do not desire to be represented by the formally recognized employee organization. Such written proof will be dated within three months of the date upon which the petition is filed and will be submitted for confirmation to the city manager.

2. The city manager will arrange for a secret ballot election to be administered by the city clerk or the State Conciliation Service, to determine if the recognized employee organizations will retain its recognition rights. A recognized employee organization will be decertified if a majority of all employees eligible to vote cast votes for decertification.

I. Modification of Established Unit. A petition for modification of an established unit may be filed by an employee organization with the city manager. The petition for modification will contain all of the information required by subsection B of Section 8-252, along with a statement of all relevant facts in support of the proposed modified unit. The petition will be accompanied by written proof that at least fifty percent of the employees within the proposed modified unit have designated the employee organization to represent them in their employment relations with the city. The city manager will hold a hearing on the petition for modification, at which time all affected employee organizations will be heard. Thereafter, the city manager will determine the appropriate unit or units as between the existing unit and the proposed modified unit as the appropriate unit, then he will follow the procedure set forth in Section 8-252 determining formal recognition right in such unit.

J. Cost of Election Proceedings. The cost of any election proceedings will be borne equally among each of the employee organization(s) which name(s) appear on the ballot and city; provided, however, the city's maximum obligation will be one hundred dollars per election.

(Ord. 705 Appx. A, 2004)

A. Grievances.

1. Purpose of Procedures. The purposes of this section are as follows:

a. To promote improved employer-employee relationships by establishing a grievance procedure on matters for which appeal is not otherwise provided;

b. To afford individual employees a systematic means to obtain future consideration of problems after every reasonable effort has failed to resolve them through discussion. Nothing herein will preclude an employee from being represented by another individual or employee organization in the grievance procedure;

c. To provide that grievances will be settled as near as possible to the point of origin;

d. To provide that the grievance procedure will be as informal as possible.

2. Availability of Procedures. These grievance procedures will be available only to permanent employees and permanent classified management employees, as defined herein.

3. Matters Subject to Grievance Procedures. A grievance may concern a dispute regarding the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions within the scope of representation; provided, a grievance brought hereunder may not concern a matter which an individual employee or an employee organization would be precluded from bringing under the provisions of an existing memorandum of understanding.

4. Grievance Procedure. Grievance will be processed in accordance with the following procedures:

a. Informal Procedure. Any employee having a grievance will first discuss their grievance with their immediate supervisor within five working days of the occurrence which caused the grievance. Within five working days after the discussion the supervisor will attempt to resolve the grievance.

b. Formal Procedure. If the supervisor's action does not satisfactorily adjust the grievance, the employee may, within five working days of the supervisor's response, take the following steps:

i. First Level of Review. A grievance may be submitted in writing to the employee's immediate supervisor. The written grievance will be specific and include all facts deemed pertinent to its resolution. The immediate supervisor will discuss the grievance with the employee and/or the employee's representative, if any, and reply in writing to the employee within five working days;

ii. Second Level of Review. If the employee does not agree with the decision of the second level supervisor, the written grievance will be submitted to the department head within five working days after receipt of the second level supervisor's decision. After receipt of the grievance, the department head will have fifteen working days to schedule such investigation as he deems necessary and will render a written decision;

iii. Hearing Request. Should the employee still be aggrieved, the employee may appeal the decision within ten working days of receipt of the written decision. The hearing officer will be appointed and a hearing held both in the manner provided in subsection J of Section 8-220;

iv. Grievance of City Manager Action. In the case where the city manager is the first supervisor, the grievance will be submitted directly to a hearing officer for review and consideration. The grievance will follow the normal course thereafter.

c. General Provisions. The following provisions will apply to the grievance procedure:

i. Departments with only one supervisor being the department or office head, then the first level will be omitted.

ii. Each level of supervision has an obligation to respond to any grievance, but should a response not be rendered within the time limit, the employee filing the grievance may immediately appeal in writing to the next step.

iii. The grievance is considered settled if the decision of any step is not appealed within the time limit, except when an investigative process is still in progress and the employee has been notified that it is taking place and the employee agrees to extend the time period.

iv. Any time limit in the grievance procedure may be extended to a date mutually consented to by the employee or employees filing the grievance and the supervisor involved.

v. Supervisors will not take any action against employees who avail themselves of the grievance procedure.

vi. An employee may use vacation time or compensatory time off, if reasonably necessary, for the preparation of a grievance. If the grievance is sustained by the city manager, such time taken will be recreated to the employee.

B. Grievance Hearings.

All hearings conducted under these grievance provisions by an assigned hearing officer will be private unless otherwise requested by the employee. Upon conclusion of a hearing, the hearing officer will prepare findings and recommendations which will be submitted to the city manager. The city manager will, within fifteen days, make a decision and issue an order on the matter. The city manager's decision and order will be final. All materials relating to any grievance including, but not limited to, minutes of the hearing; findings and recommendations and the final decision and order will be available to the city council. At the request of the employee, for the purpose of information only, a copy of the final decision and order of the city manager will be furnished to the city council.

(Ord. 705 Appx. A, 2004)

A. Meeting and Conferring in Good Faith —Memoranda of Understanding.

1. Pursuant to the provisions of California Government Code, Section 3500 et seq., as said sections apply to city, city, through its designated representatives, will meet and confer in good faith with representatives of recognized employee organizations regarding matters within the scope of representation.

2. The city will not be required to meet and confer in good faith on any matter preempted by federal or state statute; nor upon any provision of the municipal code or rules or regulations promulgated pursuant thereto which do not fall within the scope of representation. Further, the city will not be required to meet and confer in good faith regarding city rights as defined herein. City will consult in good faith as to those matters specified in California Government Code Section 3507.

3. When a recognized employee organization is meeting and conferring or consulting with the city's authorized representative, all communications by the recognized employee organization representative regarding the negotiations will be with the city's authorized representative and all city communications will likewise be sent to the organization's designated representative. Unless otherwise agreed by city's authorized representative and the recognized employee organization representatives, all such communications will be confidential.

4. When the meet and confer, or consult process is included between the city and a recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters will be incorporated in a written memorandum of understanding signed by the duly authorized city and majority representatives. The memorandum of understanding will be submitted to the city council for determination and implementation on matters over which the council has authority. A memorandum of understanding will not be binding on the city or the recognized employee organization until approved by the city council.

B. Resolution of Impasses; Impasse Procedures.

1. Initiation. If the possibility of settlement by direct discussion has been exhausted after a reasonable number of meetings and attempts to conclude an agreement, any party may initiate impasse procedures by filing with the other party or parties a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting will then be scheduled by the city manager forth-with after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting will be:

a. To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and

b. If agreement is not concluded, to discuss the selection of a mediator from the State Conciliation Service.

2. Mediation. If the parties fail to conclude an agreement at the impasse meeting, the impasse may be submitted to mediation. The parties will provide to the mediator written statements outlining their relative positions on the remaining disputed issues. The mediator will conduct all meetings and discussions in private and will make no public statements or recommendations concerning the issues. Neither party to the mediation will make any public statement regarding any aspect of the mediation. The making of such a statement will be deemed an unfair labor practice and will constitute grounds for allowing the other party to withdraw from mediation.

3. Selection of Mediator and Costs. The parties will mutually agree upon a mediator available through the State Conciliation Service. If the parties fail to so mutually agree, the State Conciliation Service will assign a mediator. Should a mediator not be available from the State Conciliation Service, the parties will mutually agree upon a mediator from some other source. In no event will the city be obligated for costs of any mediation services.

4. Conclusion of Mediation. If, after thirty days following commencement of mediation, the city and the recognized employee organization again fail to conclude an agreement, the city may act unilaterally on any disputed issues. In the alternative, upon mutual consent of both parties the issues may be submitted to additional impasse procedures including, but not limited to, fact-finding.

5. Fact-finding. If the parties agree to fact-finding, a fact-finding panel of three will be appointed in the following manner: one member to be appointed by the city manager, one member to be appointed by the recognized employee organization, and those two appointed members will appoint a third, who will be chairman. If they are unable to agree upon a third, they will select by agreement the third from a list to be provided by the State Conciliation Board.

C. Advance Notice and Reasonable Time Off to Meet and Confer.

1. Reasonable written notice will be given to each recognized employee organization affected, of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation, proposed to be adopted or amended, and each will be given the opportunity to meet with the city's representative. In cases of emergency, when an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, such notice and opportunity to meet will be provided at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.

2. The recognized employee organization may select not more than three employee members of such organization to attend scheduled meetings with the city's representatives on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the city manager may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization will, whenever practicable, submit the names of all such employee representatives to the city manager at least two working days in advance of such meetings; provided further:

a. That no employee representative will leave their duty or work station or assignment without specific approval of the city manager; provided, that such approval will not be unreasonably withheld;

b. That any such meeting is subject to scheduling in a manner consistent with operating needs and work schedules of the city.

Nothing herein will limit or restrict the scheduling of meetings at mutually agreeable times before or following regular duty or work hours. Employees involved in such meetings, during their regular work hours, will not be required to make up the time so spent. No overtime payments will be authorized or made for such time spent in such meetings.

(Ord. 705 Appx. A, 2004)

Appendix B. Sewer Manual