Grass Valley City Council
June 28, 2022

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, June 28, 2022 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com AGENDA
Any person with a disability who requires accommodations to participate in this meeting should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the meeting to make a request for a disability related modification or accommodation.

Mayor Ben Aguilar, Vice Mayor Jan Arbuckle, Councilmember Bob Branstrom, Councilmember Hilary Hodge, Councilmember Tom Ivy

MEETING NOTICE
City Council welcomes you to attend the meetings electronically or in person at the City Hall Council Chambers, located at 125 E. Main St., Grass Valley, CA 95945. Regular Meetings are scheduled at 7:00 p.m. on the 2nd and 4th Tuesday of each month. Your interest is encouraged and appreciated.

This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ.

Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.

Agenda materials, staff reports, and background information related to regular agenda items are available on the City’s website: www.cityofgrassvalley.com. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Grass Valley website at www.cityofgrassvalley.com, subject to City staff’s ability to post the documents before the meeting.

Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting by calling (530) 274-4390, we are happy to accommodate.

City of Grass Valley, CA AGENDA June 28, 2022

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
AGENDA APPROVAL - The City Council reserves the right to hear items in a different order to accomplish business in the most efficient manner.

REPORT OUT OF CLOSED SESSION

INTRODUCTIONS AND PRESENTATIONS
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after 5pm will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item. There is a time limitation of three minutes per person for all emailed, voicemail, or in person comments, and only one type of public comment per person. For any items not on the agenda, and within the jurisdiction or interest of the City, please come to the podium at this time. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item is announced. When recognized, please begin by providing your name and address for the record (optional).

CONSENT ITEMS -All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action but Council action is required to do so (roll call vote).Unless the Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person.

1. Approval of the Regular Meeting Minutes of June 14th, 2022.

Recommendation: Council approve minutes as submitted.

2. Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-59 authorizing remote teleconference meetings of the City Council and other legislative bodies of the City pursuant to government code section 54953(e)

3. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency

4. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency

City of Grass Valley, CA AGENDA June 28, 2022

5. Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th, 2021 proclamation declaring a Local State of Emergency

6. Conflict of Interest Code Update
Recommendation: That Council approve the City Manager signing of the City of Grass Valley Biennial Notice and adopt the 2022 Conflict of Interest Code and corresponding Resolution 2022-54 approving changes to the code.

7. Nevada County Solid Waste Parcel Tax
Recommendation: That Council approve Resolution 2022-51 give consent to Nevada County to maintain the Solid Waste on the fiscal year 2022-2023 tax roll.

8. Grass Valley Management & Supervisory Professional & Confidential Employees – Unit 1 – Side Letter to July 1, 2019 – June 30, 2023 Approved Memorandum of Understanding Recommendation: Adopt Resolution No. 2022-55 approving a Side Letter to the Labor Memorandum of Understanding for a three-year period beginning July 1, 2019 through June 30, 2022 between the City of Grass Valley and the Grass Valley Management / Supervisory Professional & Confidential Employees Group (Unit 1).

9. Nevada County Professional Firefighters, IAFF Local 3800 Memorandum of Understanding – July 1, 2021 – June 30, 2023
Recommendation: Adopt Resolution No. 2022 - 56 approving the Labor Memorandum of Understanding for a one-year period beginning July 1, 2022 through June 30, 2023 between the City of Grass Valley and the Nevada County Professional Firefighters, IAFF Local 3800 (Unit 8).

10. Grass Valley Police Officer’s Association – July 1, 2021 – June 30, 2023 Recommendation: Adopt Resolution No. 2022 - 57 approving the Labor Memorandum of Understanding for a one-year period beginning July 1, 2022 through June 30, 2023 between the City of Grass Valley and City of Grass Valley and the Grass Valley Police Officer’s Association (Unit 6).

11. Approval of Cost of Living Adjustment (COLA) and Executive Contract Appendix Recommendation: That Council 1) approve the a 5% Cost of Living Adjustment for all Executive Contract Employees and reduction of personal Leave time accrual; 2) review the proposed Amendment to the Employment Agreements (including Appendix A) with Department Directors, Administrative Services Director, Community Development Director, Public Works Director of Operations, City Clerk, Deputy Administrative Services Director, Deputy City Clerk/Management Services Analyst, Police Chief, Deputy Police Chief and Fire Chief; 3) authorize the City Manager to execute the agreements subject to legal review; 4) authorize the attached Amendment to the City Manager’s Contract for the COLA and Personal Leave reduction and authorize the Mayor to execute the agreement, subject to legal review; and 5) authorize the Finance Director or the City Manager’s designee to make any necessary budget adjustments and/or amendments to complete this action.

City of Grass Valley, CA AGENDA June 28, 2022

12. Confirming the purchase of properties at 11150 and 1207 Idaho Maryland Road for $275,000
Recommendation: That Council 1) approve the purchase agreement with Daniel McCarthy for the properties at 11150 Idaho Maryland Road (APN 035-412-024) and 1207 Idaho Maryland Road (APN 009-680-023), subject to legal review; 2) approve the purchase amount of $275,000, 3) authorize the City Manager to sign all real estate documents required to complete the purchase with Daniel McCarthy, subject to legal review; and 4) approve the Finance Director to make the necessary budget adjustments and transfers to complete these actions.

13. City of Grass Valley 2022 Strategic Plan Update
Recommendation: That Council approve the 2022 Strategic Plan update.

14. Local Transportation Fund (LTF) Claim for Transit and Paratransit Operations Recommendation: That Council adopt a resolution requesting that Nevada County Transportation Commission (NCTC) allocate $514,877 of the City’s FY 2022/23 estimated apportionment of LTF in support of transit and paratransit services.

15. CCTM1, LLC Lease Agreement – Approve First Amendment Recommendation: That Council authorize the City Engineer to execute the First Amendment to the Ground Lease Agreement with CCTM1, LLC, subject to legal review.

16. Second Reading of Clean Up Ordinance 816
Recommendation: That Council hold a second reading by Title only and adopt Ordinance 816

17. Appointment of Planning Commissioners
Recommendation: That Council approve the appointment of Ari Broulliett as Planning Commissioner for Councilmember Hodge

18. Consideration of the lease of property at 142 East main Street Recommendation: That Council 1) approve the draft lease agreement with WCS Properties for the property at 142 East Main Street, subject to legal review; 2) authorize the City Manager to execute the lease agreement with WCS Properties; 4) authorize the City Manager to sign all real estate documents required to complete the lease; and 5) approve the Finance Director to make the necessary budget adjustments and transfers to complete these actions.

19. Certification of promotional list for Battalion Chief, Captain, and Engineer Recommendation: That Council 1) certify the newly developed promotional eligibility list for Captain, and Engineer effective June 29, 2022

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

City of Grass Valley, CA AGENDA June 28, 2022

PUBLIC HEARING

20. Collection of delinquent sewer and/or water accounts on the Nevada County tax roll Recommendation: After holding a public hearing, adopt Resolution 2022- 58 requesting that the County of Nevada levy and collect delinquent water and sewer service charges on the tax roll.

21. Cannabis Selection Appeals of Sierra Flower Co. LLC and NUG, Inc., d.b.a. NUG Grass Valley regarding storefront retail commercial cannabis permit selection.

Recommendation: That Council approve the Hearing Officer’s final findings and recommendations and adopt the proposed resolution.

ADMINISTRATIVE

22. CDBG Memorial Park Facilities Improvement Project – Program Amendment Recommendation: That Council authorize a Community Development Block Grant (CDBG) program budget amendment to allocate additional Program Income (PI) towards the CDBG Memorial Park Facilities Improvement Project construction contract.

BRIEF REPORTS BY COUNCIL MEMBERS

ADJOURN

POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, June 28, 2022 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, June 24, 2022.
________________________
Taylor Day, Deputy City Clerk

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, June 14, 2022 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com

MINUTES

CALL TO ORDER
Meeting called to order at 7:03 pm.

PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Fire Chief, Mark Buttron.

ROLL CALL

PRESENT
Council Member Bob Branstrom
Council Member Hilary Hodge
Vice Mayor Jan Arbuckle
Mayor Ben Aguilar
ABSENT
Council Member Tom Ivy

AGENDA APPROVAL -
Motion made to approve he agenda by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.

Voting Yea: Council Member Branstrom, Council Member Hodge, Vice Mayor Arbuckle, Mayor Aguilar

REPORT OUT OF CLOSED SESSION
Nothing to report.

INTRODUCTIONS AND PRESENTATIONS

1. LGBTQ & Pride Month Proclamation

PUBLIC COMMENT -
Email and voicemails are attached.

Item # 1.

City of Grass Valley, CA MINUTES June 14, 2022

CONSENT ITEMS -
Motion made to approve the consent by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.

Voting Yea: Council Member Branstrom, Council Member Hodge, Vice Mayor Arbuckle, Mayor Aguilar

2. Approval of the Regular Meeting Minutes of May 24th, 2022.

Recommendation: Council approve minutes as submitted.

3. Approval of the Special Meeting Minutes of May 19, 2022.

Recommendation: Council approve minutes as submitted.

4. Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-49 authorizing remote teleconference meetings of the City Council and other legislative bodies of the City pursuant to government code section 54953(e)

5. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency

6. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency

7. Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th,2021 proclamation declaring a Local State of Emergency

8. Identify the terms of reimbursement and other conditions for the fire department response away from their official duty station and assigned to an emergency incident as part of the California Fire Assistance Agreement (CFAA).

Recommendation: That Council 1) adopt Resolution No. 2022-30, identifying the terms and conditions for the fire departments response away from their official duty station and assigned to emergency incidents as part of California Fire Assistance Agreement (CFAA).

9. Regulations for candidates for elective office pertaining to candidate’s statements submitted to the voters at an election to be held on Tuesday, November 8, 2022 Recommendation: Adopt Resolution No. 2022-42 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022

10. Calling and Giving Notice of Holding a General Municipal Election on November 8, 2022 Recommendation: Adopt Resolution No. 2022-43 calling and giving notice of holding a General Municipal Election on Tuesday, November 8, 2022, for the election of two Council Members for the City of Grass Valley

Item # 1.

City of Grass Valley, CA MINUTES June 14, 2022

11. Calling and Giving Notice of Holding a General Municipal Election on Tuesday, November 8, 2022 for two City Council Members and requesting consolidation with the statewide general election to be conducted by the County of Nevada Recommendation: Adopt Resolution No. 2022-44 calling and giving notice of holding a General Municipal Election on Tuesday, November 8, 2022, for the election of two City Council Members; and requesting consolidation with the statewide general election to be conducted by the County of Nevada.

12. Consideration of a one-year contract extension with Michael Baker International to assist with management and reporting services related to the City’s HOME and CDBG programs.

Recommendation: That Council authorize the Community Development Director to sign the one-year extension of the contract with MBI subject to legal review.

13. Consideration of a five-year contract renewal with Accela to continue with its permit tracking software program.

Recommendation: That Council authorize the City Manager to sign the five-year renewal agreement with Accela subject to legal review.

14. Extension of an agreement between the City and Nevada County for the County to provide building inspection, plan review, and other related building services for the City.

Recommendation: Authorize the Mayor to sign the attached Agreement between the City of Grass Valley and Nevada County for the provision of building services.

15. Road Maintenance and Rehabilitation Account Funding – Adopt Project List Recommendation: That Council adopt a Resolution to include Road Maintenance and Rehabilitation Account (RMRA) funding in the Fiscal Year 2022/23 budget and specifying a list of projects to be funded with RMRA funds.

16. Employment Agreement for Fire Investigation Services Recommendation: That Council 1) Approve R2022-41 for the Public Employees' Retirement System (PERS) for hiring of an annuitant for, fire investigation and special enforcement services related to investigation, prevention, and enforcement pursuant to Government Code Section 21224(a). Agreement subject to legal review

17. Appropriations Limit for Fiscal Year 2022-23
Recommendation: It is recommended that the City Council, by RESOLUTION, approve Resolution No. 2022-47 establishing the Appropriations Limit for the City of Grass Valley for the Fiscal Year 2022-23.

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

Item # 1.

City of Grass Valley, CA MINUTES June 14, 2022

18. City of Grass Valley 2022 Strategic Plan Update
Recommendation: That Council 1) receive the executive draft of the 2022 Strategic Plan update, which incorporates all comments to date; and 2) provide direction to staff on the executive draft of the 2022 Strategic Plan Update.

Tim Kiser, City Manager, gave presentation to the council.

Councilmember Branstrom was had about getting high speed internet to our local businesses, and acknowledging the Nisenan tribe and preserving the Native American History. Councilmember Hodge had questions about undergrounding utilities. Vice Mayor Arbuckle belives that high speed internet needs to be a priority for the city and that we need to continue to work on putting our Utilities underground and updating the population. Mayor Aguilar thinks that undergrounding utilities need to be underground and work on getting recognition for the Nisenan tribe as a Federally recognition tribe.

Public comment attached.

No motion requiered.

19. FY 2022-23 Proposed Budget Public Hearing
Recommendation: It is recommended that the City Council open Public Hearing and by RESOLUTION, approve Resolution No. 2022-48 approving the Proposed Budget for the City of Grass Valley and the Successor Agency for fiscal year 2022-23. A 4/5s vote of the City Council is required for adoption of the budget.

Andy Heath, Finance Director, gave presentation to the Council.

Councilmember Branstrom had questions about the contingency fund, Measure E expenditures, and is there the capacity to accomplish the Capital projects.

Public Comment attached.

Motion made to Council open Public Hearing and by RESOLUTION, approve Resolution No. 2022-48 approving the Proposed Budget for the City of Grass Valley and the Successor Agency for fiscal year 2022-23. A 3/5s vote of the City Council is required for adoption of the budget by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.

Voting Yea: Council Member Branstrom, Council Member Hodge, Vice Mayor Arbuckle, Mayor Aguilar

20. Adopt ten Resolutions confirming diagram and assessment and levying assessment, and requesting the County Auditor-Controller to place assessment on tax roll for FY 2021- 22 Landscaping and Lighting Districts (LLD) and Benefit Assessment Districts (AD) Recommendation: After conducting the public hearing, 1) adopt resolutions related to the Commercial (District No. 1988-1) Landscaping and Lighting Districts, as follows:

Resolution No. 2022-31 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 1988-1. Resolution No. 2022-32 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and Lighting District No. 1988-1. 2) Adopt resolutions related to the Residential (District No. 1988-2) Landscaping and Lighting Districts as follows: Resolution No. 2022-33 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District

Item # 1.

City of Grass Valley, CA MINUTES June 14, 2022
No. 1988-2. Resolution No 2022-34 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and Lighting District No. 1988-2. 3) Adopt resolutions related to the Morgan Ranch Unit 7 (District 2003-1) Assessment District as follows: Resolution No 2022-35 Confirming Diagram and Assessment and Levying Assessment for FY 2022- 23 Assessment District No. 2003-1. Resolution No. 2022-36 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-Unit 7 Benefit Assessment District No. 2003-1. 4) Adopt resolutions related to the Morgan Ranch West (District 2010-1) Assessment District as follows: Resolution No. 2022-37 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 2010-

1. Resolution No. 2022-38 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-West Assessment District No 2010-1. 5) Adopt resolutions related to the Ridge Meadows (District 2016-1) Assessment District as follows: Resolution No. 2022-39 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 2016-1. Resolution No. 2022-40 Requesting the County Auditor to Place Assessment on Tax Roll – Ridge Meadows Assessment District No 2016-1.

Andy Heath, Finance Director, gave presentation to the council.

Public comments attached.

Motion made to 1) adopt resolutions related to the Commercial (District No. 1988-1) Landscaping and Lighting Districts, as follows: Resolution No. 2022-31 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 1988-1. Resolution No. 2022-32 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and Lighting District No. 1988-1. 2) Adopt resolutions related to the Residential (District No. 1988-2) Landscaping and Lighting Districts as follows: Resolution No. 2022-33 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 1988-2. Resolution No 2022-34 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and Lighting District No. 1988-2. 3) Adopt resolutions related to the Morgan Ranch Unit 7 (District 2003-1) Assessment District as follows: Resolution No 2022-35 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 2003-1. Resolution No. 2022-36 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-Unit 7 Benefit Assessment District No. 2003-1. 4) Adopt resolutions related to the Morgan Ranch West (District 2010-1) Assessment District as follows: Resolution No. 2022-37 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 2010-

1. Resolution No. 2022-38 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-West Assessment District No 2010-1. 5) Adopt resolutions related to the Ridge Meadows (District 2016-1) Assessment District as follows: Resolution No. 2022-39 Confirming Diagram and Assessment and Levying Assessment for FY 2022-23 Assessment District No. 2016-1. Resolution No. 2022-40 Requesting the County Auditor to Place Assessment on Tax Roll – Ridge Meadows Assessment District No 2016-1 by Council Member Hodge, Seconded by Vice Mayor Arbuckle.

Voting Yea: Council Member Branstrom, Council Member Hodge, Vice Mayor Arbuckle, Mayor Aguilar

Item # 1.

City of Grass Valley, CA MINUTES June 14, 2022

21. First Reading of Clean Up Ordinance 816
Recommendation: That Council: 1) conduct the public hearing for Ordinance 816; 2) introduce Ordinance 816, which amends the Grass Valley Municipal Code; and 3) waive the reading of the Ordinance in its entirety and read by title only.

Taylor Day, Deputy City Clerk, gave presentation to the council.

Public comments attached.

Motion made 1) conduct the public hearing for Ordinance 816; 2) introduce Ordinance 816, which amends the Grass Valley Municipal Code; and 3) waive the reading of the Ordinance in its entirety and read by title only by Council Member Hodge, Seconded by Vice Mayor Arbuckle.

Voting Yea: Council Member Branstrom, Council Member Hodge, Vice Mayor Arbuckle, Mayor Aguilar

ADMINISTRATIVE

22. Consideration of Waste Management’s annual fee adjustments and new fees for service
Recommendation: That Council adopt Resolution 2022-45 adjusting service rates to Waste Management’s fee schedule
Tom Last, Community Development Director, gave overview for to the council.

Vice Mayor Arbuckle wants to remind the public that the adoption of this is a formality and is part of an agreement that is in place. Councilmember Hodge thinks that the extra fee for having wildlife locks needs to be removed and should be considered a part of doing business in rural areas.

Public comment attached.

Motion made to adopt Resolution 2022-45 adjusting service rates to Waste Management’s fee schedule by Council Member Hodge, Seconded by Vice Mayor Arbuckle.

Voting Yea: Council Member Branstrom, Council Member Hodge, Vice Mayor Arbuckle Voting Nay: Mayor Aguilar

BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Branstrom attended an introductory pickleball class, cal cities environmental meeting, Center for the Arts ribbon cutting ceremony, and went to John McCutcheon concert, farmers markets, Cannabis round table, Wild Edges abbreviated performance. Council Member Hodge attended the Center for the arts ribbon cutting ceremony, very busy with summer fest for Music in the Mountains, attended the Nevada Union Graduations and congrats to the class of 2022.Vice Mayor Arbuckle attended a GVDA & Grass Valley Chamber meeting, league of transportation meeting, ILG webinar, Cannabis round table, and coming up is the CPUC meeting. She also attended the Center for the Arts ribbon cutting ceremony. Mayor Aguilar attended the Center for the Arts ribbon cutting ceremony, has LAFCo later this week, and thank you to all of the volunteers who put all the flags out in our community today.

Item # 1.

City of Grass Valley, CA MINUTES June 14, 2022

ADJOURN
Meeting adjourned at 8:40 pm.
______________________________ ________________________________ Ben Aguilar, Mayor Taylor Day, Deputy City Clerk

Item # 1.
6114122,5:23 PM Mail - Public Comments - Outlook
Disposing of Blackberry
Virginia Whitehead <, !
Fri 6/3/2022 6:42 AM
To: Pu bl ic Com ments < pu bl ic@cityofg rassva I ley.com > You don't often get email from [email protected]. Learn why this is innportant Good Evening.

When it comes to blackberry, it must be sent to landfill. lt is horrible to deal with and illegal! Washington Hill residents would do more if we had a practical disposal method for blackberry.

We would like the City of Grass Valley to check into getting "BAGSTER" service into GV through Waste Management. This is a large flexible bag that can be purchased by residents for approximately $30.00.

WM picks up for a fee which I suppose would be covered by us. lf you could -2247check out this as a possible remedy to our blackberry issue it would be greatly appreciated! Perhaps there are other ideas being discussed that we are unaware of. We are also looking into hiring a goat herder. lt is all quite expensive! We are really trying to harden our homes and neighborhood.

Thank You and have a good day and a nice weekend!
Virginia Whitehead

BAGSTER
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Item # 1.
6114122,5:23 PM Mail - Public Comments - Outlook
Voice Mail (50 seconds)

PATRICIA COTTER
Mon 6/13/202211:43 AM
To: Publ ic Comments < pu bl ic@cityofg rassvalley.com > Hello, my name is Patricia Carter. I live at 501 K St in Grass Valley and I was calling to voice my support for LGBTQ pride and come month proclamation. I'm really excited about it. lt's been really thrilling to see the flags and downtown Nevada city. We brought our granddaughter. lt's progressive and in the right vein of how LGBTQ pride is moving, and lthink it's a really, really important signal to the people of Nevada County. So thank you. And I am fully in support and I look forward to next year's Pride too. Thank you. Bye.

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Item # 1.
6114122,5:21 PM Mail - Public Comments - Outlook
Voice Mail (3 minutes and 11 seconds)

WIRELESS CALLER
Tue 6/14/2022 4:45 PM
To: Public Com ments < pu blic@cityofg rassvalley.com > This is Sandra Spargo. I live at 230 illicium place and Morgan ranch. As you review this evening's resolutions regarding Morgan Ranch West and Morgan Ranch Unit 7's myriad of resolutions about drainage improvements, police consider strong water drainage on the city block long landscape easement that Parallels Ridge Rd. The easement is composed of 19 private lots, 19 owners who have no expertise regarding stormwater laws and frankly, they cannot stop the ditches pollution directly into Slate Creek. The ditch is shallow, nonline built of river rock sinking into mud. The ditch is mainly original, built in 2001 and now covered with pine needles and flora. There is a dilemma between Morgan ranch restrictions and the city of Grass Valley resolutions, Morgan. Branches declaration of restriction states owners are responsible for maintaining all such easements in all facilities there in at the same time, homeowners pay property tax to the city on the landscape easement and a city tax for its upkeep. Morgan ranch restrictions pirate odds with resolution of zone one regarding Morgan ranch lighting and landscaping act of nineteen seventy two, the resolution includes the city 's care of quote, the repail removal, or replacement of any improvement, UN quote. Page two sixty five did the agenda Morgan ranch unit seven states quote the maintenance operation and servicing of drainage improvements dot dot dot in the routine administration of the district including the maintenance, operations and servicing of the drainage improvements. That's accordingly storm drainage paralleling Ridge Road is an improvement per the city 's definition of Morgan ranch unit seven 's definition of drainage as an improvement. So what takes precedence? A strong water dish is an improvement. The city 's resolution, supported by their landscaping admitting act of nineteen seventy two and the Benefit Assessment Act of nineteen eighty two or Morgan Ranch Ranch is declaration of restrictions. He is still ladder. Backyard fencing needs to include in date for easement access and standards followed to current laws to replace this 22year old stormwater ditch your help in clearing up this matter is appreciated and I have a sent to tailor a three page letter with pictures. Thank you very much. Good evening.

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Item # 1.
1of 3
June 14,2022
Sandra Spargo
230 Elysian Place
PO Box 2244
Grass Valley, CA 95945
City Council Members
Gity of Grass Valley
125 East Main Street
Grass Valley, CA 95945
E!e: What Takes Landscape Easement Precedence--the City's Resolution or Morgan Ranch Restrictions?
Dear City Council Members:

As you review this evening's resolutions regarding Morgan Ranch West's and Morgan Ranch Unit 7's myriad of resolutions about drainage improvements, please consider stormwater drainage on the City's block-long landscape easement that parallels Ridge Road. The easement is composed of 19 private lots, 19 owners, who have no expertise regarding stormwater laws, and, frankly, cannot stop the ditch's pollution directly into Slate Creek.

Stormwater Ditch Location and Construction Standards
The block-long stormwater ditch flows into Slate Creek, passing through 19 lots. A portion of the ditch runs within backyard fencing and a portion runs outside backyard fencing. ffhe City approved no gates within backyard fencing to access landscape easements.) Of the portion outside backyard fencing, Scope Landscaping occasionally maintains the ditch approximately on five lots near the front entrance to Morgan Ranch. The rest of the ditch is neglected on 14 !ots.

Please find below the current condition of the shallow, non-lined, river rock stormwater ditch, portions located outside backyard fencing. These portions are original, built in 2001. ln the first two pictures, the ditch is covered with pine needles and flora. ln the third picture, a portion of the ditch is located within a lot's backyard fencing. Thus, due to flooding, the owner dug a channel under the backyard fence to guide stormwater flow outside the ditch to the landscape easement. Stormwater runs over the easement and onto the sidewalk along Ridge Road. Neighbors have been flooded up to their homes' foundations, and, so, seek a way to control stormwater away from their homes. Most of the block-long ditch is original construction--shallow, unlined and river rock that has sunk into the mud. Owners do not want to spend money to repair/update their portion of the ditch due to cost. No inspection occurs of the entire ditch to ensure no flooding, water blockage, nor pollution into Slate Creek.

I

Item # 1.
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2of3
Pollution flows from Woodcrest Way and from the First Baptist Church's property. Three buildings on First Baptist church property encompass 31,928 sq. ft. Thus, at least 31,928 sq. ft. of roofing sheds stormwater. ln addition, the 47,815 sq.ft. parking lot sheds stormwater. Total hard surface stormwater runoff equals 79,743 sq. ft.

Pollution comes from cars in the parking lot, as well as trash, including used condoms.

Moreover, besides churchgoers using the parking lot, students of Nevada Union High School use the lot.

Portions of the ditch's Z2-year-old construction is no match for stormwater volume that carries pollution directly into Slate Creek.

This picture shows the construction of the
original stormwater ditch in 2001. Note its
shallowness, allowing record rains to flood, as
did the torrents of rain during the winter of
2017.

Note that the ditch is being constructed within
backyard fencing yet to be built. My
observation is that the majority of owners
neglect maintenance, unless heavy rains are
threatened or flooding occurs. One new owner
on Elysian Place did not know there was a
stormwater ditch within her backyard, because
it was covered with weeds.

The Oilemma with Between Morgan Ranch Restrictions and the City of Grass Valley Morgan Ranch's Declantion of Restrictions states the following in Section 4.9, Restrictions on Grading and Drainage: (a) Certain lots contain drainage easements as shown on the Subdivision Map. OWNERS ARE RESPONSTBTE FOR MAINTAINING ALL SUCH EASEMENTS AND ALL FACILITIESTHEREIN. (Written in bold.)
Perhaps, in 2001, when the developer constructed an inadequate stormwater system, there were an absence of laws--such as the Crfi of Grass Valley's Design Standards for Storm Dninage or California's Storm Drain Regulations or California's Storm Water Discharges from Small MunicipalSeparate Storm Sewer Systems.
! am positive that this block-long stormwater ditch that parallels Ridge Road meets none of the law's current standards. The City has left this stormwater ditch behind, burdening homeowners without expertise with upkeep, burdening market values and pocket books when forced to dealwith flooding.

At the same time, homeowners pay property tax on the landscape easement and a tax for its upkeep.
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Item # 1.
3of3
So, What Takes Precedence?
Morgan Ranch Restrictions are at odds with Resolution of Zone 1 - Morgan Ranch, No. 1 includes the City's care of The repai4 removal or replacement of any improvement.

seruicing of drainage improvemenfs . . . in the routine administration of the district, including the maintenance, operations and seruicing of the drainage improvements.

Thus, accordingly, storm drainage paralleling Ridge Road is an improvement per the City's definition of Morgan Ranch Unit 7's definition of drainage as an improvement.

So, what takes precedence? A stormwater ditch is an improvement. The City's Resolutions, supported by the Landscaping and Lighting Act of 1972 andlhe Benefit Assessment Act of 1982 or Morgan Ranch's Declamtion of Restrictions?
lf the latter, backyard fencing needs to include a gate for easement access and standards followed according to current laws to replace this 22-year-old stormwater ditch.

Who will pay for a block-long, updated stormwater ditch and gates to allow owners' access to landscape easements? The City disallowed gates when approving developer design.

Your help in clearing up this matter is appreciated.

Sincerely,
Sandra Spargo

Item # 1.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, June 14, 2022 7:20 PM
To: Public Comments
Subject: Voice Mail (1 minute and 13 seconds)
Attachments: audio.mp3
Yes, Matthew called her like to comment on the strategic planning, strategic strategic plan. As Tim would say is very lacking. Lacking in bike trails, connectivity, safety, crosswalks, walkability. It just seems to be more one way in one way out developments, onto streets that have no crosswalks, no infrastructure, no sidewalks, no stop signs, and it's just a recipe for disaster. So I would highly recommend that you add in some Traffic Safety. Is that something that happens here daily of injury accidents, multiple times a day right here in town, close in downtown. So please consider safety as something that we might want to deal with and maybe not. Maybe you can call it safety arts and that would help it go down the pallet of some people. Try it might work.

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Item # 1.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, June 14, 2022 8:14 PM
To: Public Comments
Subject: Voice Mail (46 seconds)
Attachments: audio.mp3
You are aware there's a delay on your feed versus the telephone and then you have to listen to your message before you even pick up to make a public comment. So when the mayor says it's good that there's no public comment, I guess that's what he means. I'd like to make a comment on the whole year worth of Grass Valley City budget. It's a lot of money and no ones gonna comment on it because you don't allow people to comment on it, so that's baffling, yet not. You guys all enjoy your new trucks now that you picked up or will pick up soon or are on order.

Alrighty then.

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Item # 1.
1 Taylor Day
From: WIRELESS CALLER <
Sent: Tuesday, June 14, 2022 8:17 PM
To: Public Comments
Subject: Voice Mail (58 seconds)
Attachments: audio.mp3
With County Hi, I'm calling during that topic, so maybe it'll get in there because I don't want to call too late on the lighting district. The LED lights are horrible. The LED lights they put in Memorial Park on the veterans flag or horrible too powerful, the LED lights on the Bread Heart Hotel dominate downtown when it should be. The Dell'oro tower should be the brightest, tallest light in town But those lights dominate as well as other lights that are being put in around town that are LED, that are extremely bright white that ruin your night vision when you're driving. And often many, many, many lights in town are running 24 hours a day. And I don't care if they're Ellie D's or not. They're taking juice. They should have be on a timer or sensors so they come on when it's dark. If you want him on all night, not 24 hours a day. Thank you.

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Item # 1.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, June 14, 2022 8:19 PM
To: Public Comments
Subject: Voice Mail (46 seconds)
Attachments: audio.mp3
Where some ordnance did not actually get adopted into our municipal code. So this ordinance here is the simple fact that we have a Public Comments. I don't know why you're not doing my public comments, but I guess that's between the lawyers at this point. I don't know what your problem is. I'm the only one in the fricking meeting. Let my comments go through so other people can hear them. And the Grass Valley, CA Taylor. Any questions for Taylor? I had questions. It's ridiculous that you're hiring this company. You can use a piece of paper pencil.

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Item # 1.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, June 14, 2022 8:26 PM
To: Public Comments
Subject: Voice Mail (35 seconds)
Attachments: audio.mp3
Sure that people understand. Yes. Since we're asking questions to waste management, I'd like to see the contract used to be 96 pages. I believe for Grass Valley with a 10% kickback for recycling for waste management, which is a slightly different from Nevada city inside different from the county. But I would like to see that contract and when can that be made available for this, what it is, this is what it is as you guys say. That's my question. I'll be listening British.

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Item # 1.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-59 authorizing remote teleconference meetings of the City Council and other legislative bodies of the City pursuant to government code section 54953(e)
Prepared by: Taylor Day, Deputy City Clerk
Council Meeting Date: 6/28/2022 Date Prepared: 6/24/2022 Agenda: Consent
Background Information: On March 4, 2020, the Governor of California proclaimed a state of emergency pursuant to government code section 8625. Assembly Bill 361 went into effect October 1st, 2021, it allows legislative bodies to hold public meetings by teleconference without reference to otherwise applicable requirements in the Government Code section 54953(b)(3). The option for teleconferencing is allowed so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met: 1) State or local officials have imposed or recommended measures to promote social distancing. 2) The legislative body (City Council) is holding the meeting for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees. 3) The legislative body (City Council) has determined, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees. This action will allow City Council and all other legislative bodies to continue with virtual meetings as has been done throughout the COVID-19 pandemic. Live streamed meetings will continue to be available via the City’s website, as will the option to leave public comments in real time via voicemail or email.

Council Goals/Objectives: Approval of AB 361 Resolution executes portions of City Strategic Goal #6: Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.

Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: R2022-59

Item # 2.
266552.1
RESOLUTION NO. 2022-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL

AND OTHER LEGISLATIVE BODIES OF THE CITY PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
WHEREAS, Government Code section 54953(e), as amended by Assembly Bill No. 361, allows legislative bodies to hold open meetings by teleconference without reference to otherwise applicable requirements in Government Code section 54953(b)(3), so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body is holding the meeting for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees.

WHEREAS, the Governor of California proclaimed a state of emergency pursuant to Government Code section 8625 on March 4, 2020; and
WHEREAS, the City Council previously adopted Resolution No. 59 on October 26, 2021 finding that the requisite conditions exist for the City Council and other legislative bodies of the City, including the Planning Commission, Development Review Commission, and Historical Commission to conduct teleconference meetings under California Government Code section 54953(e); and
WHEREAS, Government Code section 54953(e)(3) requires the legislative body adopt certain findings by majority vote within 30 days of holding a meeting by teleconference under Government Code section 54953(e), and then adopt such findings every 30 days thereafter; and
WHEREAS, the City Council desires to continue holding its public meetings by teleconference consistent with Government Code section 54953(e), and to authorize other legislative bodies of the City, including the Planning Commission, Development Review Commission, and Historical Commission to do the same.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRASS VALLEY DOES HEREBY RESOLVE AS FOLLOWS:

Item # 2.
266552.1
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Conditions are Met. The City Council hereby finds and declares the following, as required by Government Code section 54953(e)(3):

1. The City Council has reconsidered the circumstances of the state of emergency declared by the Governor pursuant to his or her authority under Government Code section 8625; and

2. The state of emergency continues to directly impact the ability of members of the City Council and other legislative bodies of the City to meet safely in person.

Section 3. Meeting Requirements. All meetings held pursuant to Government Code section 54953(e) shall comply with the requirements of that section and all other applicable provisions of the Ralph M. Brown Act (Government Code section 54950 et seq.).

Section 4. Regular Findings. Pursuant to Government Code section 54953(e)(3), if the Town Council desires to continue holding its public meetings by teleconference consistently with Government Code section 54953(e), it shall make findings not later than 30 days after the meeting at which this Resolution was adopted, and every 30 days thereafter, as required by that section.

Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of City of Grass Valley, this 28th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
Taylor Day, Deputy City Clerk Michael Colantuono, City Attorney

Item # 2.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 6/28/2022 Date Prepared: 6/24/2022 Agenda: Consent
Background Information: On March 5, 2020 the City Manager, acting as the Director of Emergency Services for the City of Grass Valley and the Disaster Council (Vice Mayor Aguilar and Councilmember Arbuckle), declared a local State of Emergency to ensure emergency personnel can obtain equipment and resources in the most timely and effective manner. In accordance with the Emergency Services Act Section 8630 (b) the governing body must ratify the declared emergency within 7 days for it to remain in effect. On March 10, 2020, at the Grass Valley City Council Meeting, the City Council approved Resolution 2020-09, Proclamation of Local Emergency. The City Council shall review, at its regularly scheduled meeting until the local emergency is terminated, the need for continuing the local emergency.

Council Goals/Objectives: Continuance of the proclamation declaring a Local State of Emergency due to prepare against coronavirus COVID-19 executes portions of City Strategic Goal #6: Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.

Fiscal Impact: The changing variants of COVID19 make it very difficult to anticipate the Fiscal Impact moving forward. For FY 2021/22, it appears the impacts will be minimal compared to previous years, but due to the constantly changing impacts of COVID-19 the actual fiscal impact may change.

Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: None

Item # 3.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Drought Conditions) Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 6/28/2022 Date Prepared: 6/24/2022 Agenda: Consent
Background Information: On May 10, 2021, Governor Newsom modified a State of Emergency Proclamation that declared that a State of Emergency to exist in California due to severe drought conditions to include 41 counties, including Nevada County. The Proclamation directed state agencies to partner with local water suppliers to promote conservation through the Save Our Water campaign, a critical resource used by Californians during the 2012-2016 drought. Some municipalities have already adopted mandatory local water-saving requirements, and many more have called for voluntary water use reductions.

Nevada Irrigation District (NID) declared a drought emergency throughout the District’s service area on April 28, 2021, which includes portions of the City of Grass Valley, and requested that customers conserve 10 percent of their normal water usage. Both NID and Nevada City have now mandated at least 20% conservation requirements.

On June 22, 2021, City Council approved Resolutions No. 2021-41 declaring a local emergency due to drought conditions and No.2021-42 mandating water conservation.

All treated Water Customers are required to reduce water use by 20%.

Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Water and Wastewater Systems and Underground Infrastructure. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.

Fiscal Impact: The Fiscal Impact to the Water Fund should minor, but if the drought continues for several years the impact could be more significant.

Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th,2021 proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 6/28/2022 Date Prepared: 6/24/2022 Agenda: Consent
Background Information: Due to conditions of extreme peril to the safety of persons and property have arisen within the City of Grass Valley, caused by the winter storm of December 26 and 27, 2021 which has cut power, downed trees, blocked roads and created other hazards to health and human safety commencing on or about 12:00 midnight on the 26th day of December, 2021, at which time the City Council of the City of Grass Valley was not in session. The city found it necessary to proclaim the existence of a local emergency throughout the city.

Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.

Fiscal Impact: The Fiscal Impact of the December 2021 Storm is being estimated at $590,000 for City related property and public right of way. Hopefully, about 75% of these cost should be reimbursable due to the County of Nevada and the State of California declaring a State of Emergency for our area.

Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager

Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Conflict of Interest Code Update
Recommendation: That Council approve the City Manager signing of the City of Grass Valley Biennial Notice and adopt the 2022 Conflict of Interest Code and corresponding Resolution 2022-54 approving changes to the code.

Prepared by: Taylor Day, Deputy City Clerk
Council Meeting Date: 06/28/2022 Date Prepared: 06/23/2022 Agenda: Consent
Background Information: The City last updated its Conflict of Interest Code in March 2020. The Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to ensure it is accurate and/or to determine if it needs to be amended. Once a determination has been made a notice must be submitted to the code reviewing body. Attached is the Biennial Notice of Review showing that it has been determined that the following revisions are necessary to the Conflict of Interest Code:
 Add City Administrator/City Manager (added)
 Add Deputy City Clerk position (added)
 Add Deputy Administrative Services (added)
 Add Deputy Police Chief (added)
 Add Utilities Director (added)
Council Goals/Objectives: N/A
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
 R2022-54
 Revised Conflict of Interest Code
 Local Biannual Notice Form

Item # 6.

Item # 6.

RESOLUTION NO. 2022-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY UPDATING THE CITY’S CONFLICT OF INTEREST CODE, AMENDING EXHIBIT “A” OF RESOLUTION NO. 2020-11 ADOPTED MARCH 24, 2020, AND AUTHORIZING EXECUTION OF THE 2022 LOCAL AGENCY BIENNIAL NOTICE.

WHEREAS, California Government Code §87300 requires that every City adopt and promulgate a Conflict of Interest Code; and
WHEREAS, in 1990 Government Code Section 87306.5 was added to the Political Reform Act requiring every local agency’s code reviewing body to review its Conflict of Interest Code and to either amend said code if necessary or report that no such amendment is necessary; and
WHEREAS, City Manager, Administrative Services Director and City Clerk have reviewed its Conflict of Interest Code and have determined that changes have occurred within the agency which warrant an amendment to the code.

NOW THEREFORE, BE IT RESOLVED by the City Council of Grass Valley as follows:

1. The above recitals are true and correct.

2. The Council authorizes the execution of the 2022 Local Agency Biennial Notice.

3. That pursuant to Government Code Section 87300 et. Seq. The City Council of Grass Valley adopts the amendments to the Conflict of Interest Code attached here to as Exhibit “A” by adding City Administrator/City Manager, Deputy City Clerk, Deputy Administrative Services, Deputy Police Chief, and Utilities Director.

4. That the Conflict of Interest Code adopts and incorporates by reference Cal Code of Regulations, section 18730 and its amendments thereby standardizing the City’s Conflict of Interest Code.

5. That said Conflict of Interest Code continues to consist of two (2) parts;
a) the body of the code contains basic provisions required by section 87300 such as the manner of reporting financial interests, the procedure for filing statements of economic interest, and the method to be used by designated position when they are required to disqualify themselves from
participating in decision; and
b) the appendix to said code continues to list those designated positions within the City of Grass Valley and the corresponding disclosure categories for each.

Item # 6.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 28th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING
________________________________
Ben Aguilar, Mayor
ATTEST: ________________________________
Taylor Day, Deputy City Clerk
APPROVED AS TO FORM:
________________________________
Michael Colantuono, City Attorney

Item # 6.

CONFLICT OF INTEREST CODE

FOR THE

CITY OF GRASS VALLEY
SECTION 1: Conflict of Interest Code – Adopted 3/24/2020 The Political Reform Act, Government Code Section 8100, et. seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal.

Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference and may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A in which officials and employees are designated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the city of Grass Valley, which is considered by “agency” within the purview of this code. The Conflict of Interest Code of the City of Grass Valley previously in effect will conform to this newly adopted code.

SECTION 2: Same-Statements
Designated employees shall file statement of economic interests with the City Clerk, who shall be and performs the duties of filing officer for the City of Grass Valley, the Successor Agency to the Redevelopment Agency of the City of Grass Valley.

SECTION 3: Savings Clause
Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission of any penalty for forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other conflict of interest code.
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.)

ATTACHMENT A
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306

Item # 6.

if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies.

Such persons are covered by this code for disqualification purposes only.

With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories 3 are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.

Item # 6.

(4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.
(5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to

Item # 6.

influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or

Item # 6.

more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be
reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.

Item # 6.

(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $500. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $500 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of

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the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate
for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any
given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of
limitations for filing an action for default has expired.

Item # 6.

2. If the loan has no defined date or dates for repayment, when one year has
elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but
on which the creditor has taken reasonable action to collect the balance due.

2. A loan that would otherwise be a gift as set forth under subdivision (A), but
on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

3. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or

Item # 6.

(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The 13 fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification

Item # 6.

provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
__________________
Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 15
5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42). 16

Item # 6.

9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9- 97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)- (b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11- 99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6- 2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2- 1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

Item # 6.

Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)- (b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10- 2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31- 2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

Item # 6.

Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12- 2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

Item # 6.

APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: ADMINISTRATION DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
City Administrator/City Manager 1
City Clerk 1
Deputy City Clerk 1
City Attorney 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Item # 6.

APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: COMMUNITY DEVELOPMENT DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Community Development Director 1
Principal Planning 1
Building Official 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Item # 6.

APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: FIRE DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Fire Chief 1
Fire Marshall 2, 4, 22
Battalion Chief 2, 4, 14, 22
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: POLICE DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Police Chief 1
Deputy Police Chief 1
Captain 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Item # 6.

APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: FINANCE/ADMINISTRATIVE SERVICES DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Administrative Services Director 1
Deputy Administrative Services 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Item # 6.

APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: PUBLIC WORKS/.ENGINEERING DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Public Works Director of Operations 1
City Engineer 1
Assistant City Engineer 1
Utilities Director 1
Utilities Superintendent/Chief Treatment Plant Operator 1 Senior Civil Engineer 1
Associate Civil Engineer 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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APPENDIX B

MASTER LIST OF DISCLOSURE CATEGORIES

SPECIFICATION SHEET

REPORTABLE INVESTMENTS, INTERESTS IN REAL PROPERTY, AND

INCOME AGENCIES OF THE CITY OF GRASS VALLEY
DEFINITION: “Unit” as used in this text means the particular department, board, commission, office or other entity using the disclosure category.

Disclosure Category

1. All investments and business positions in business entities, sources of income and interests in real property.

2. Investments and business positions in business entities, and all sources of income.

3. Interests in real property.

4. Investments and business positions in business entities, and sources of income from entities providing supplies, services, equipment of machinery of the type used by the designated employee’s unit.

5. Investments and business positions in, and income from entities which are book outlets, vendors or providers of business services.

6. Investments and business positions in business entities and income from sources engaged in construction, building, or material supply.

7. Investments and business positions in business entities and income from sources which supply or manufacture solar energy systems.

8. Investments and business positions in business entities and income from sources engaged in construction or development.

9. Investments and business positions in, and income from sources engaged in the construction of public works projects.

10. Investments and business positions in business entities and income from construction companies involved in progress payments.

11. Investments and business positions in, and income from construction firms involved in construction projects subject to acceptance by the City Council.

12. Investments and business positions in business entities and income from business entities of the type to provide bids, supplies, vehicles and equipment.

Item # 6.

13. Investments and business positions in, and income from entities which provide training, services or facilities of the type utilized by the City.

14. Investments and business positions in, and income from entities which provide services and supplies of the type used in emergency services coordination/training activities.

15. Investments and business positions in, and income from Union Pension Funds that may be affected by the outcome of negotiations involving monetary settlements and employer-employee memorandums.

16. Investments and business positions in, and income from entities providing medical services or facilities of the type used by the City.

17. Investments and business positions in, and income from business entities engaged in providing eye examinations and eyeglasses, including opticians, ophthalmologists, etc.

18. Investments and business positions in and income from business entities supplying or manufacturing electronic equipment, supplies or services of the type utilized by the employee’s unit.

19. Investments and business positions in, and income from business entities providing supplies, services, equipment or machinery of the type used by the City.

20. Investments and business positions in, and income from employment agencies or entities which provide employment or pre-employment services. Services include testing, training, consulting, job classification studies and salary surveys.

21. Investments and business positions in, and income from business entities which are of the type to provide any of the various types of employee insurance coverage and/or actuarial services.

22. Investments and business positions in business entities, and income from sources which supply or manufacture firefighting equipment or supplies.

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Nevada County Solid Waste Parcel Tax
Recommendation: That Council approve Resolution 2022-51 give consent to Nevada County to maintain the Solid Waste on the fiscal year 2022-2023 tax roll.

Prepared by: Taylor Day, Deputy City Clerk
Council Meeting Date: 06/28/2022 Date Prepared: 06/23/2022 Agenda: Consent
Background Information: On May 24th, 2022, the Board of Supervisors adopted Resolution 22-227, to continue temporary reduction of the Western Nevada County Solid Waste Parcel Charges for Fiscal Year 2022/23 at a 25% reduction, rather that the previously approve 50% reduction, approve draft letters to the Cities of Grass Valley and Nevada City regarding Solid Waste Parcel charges and authorize the Chair of the Board of Supervisors of Nevada County to execute the letter. The City has since received this letter which is looking for concurrence from the City Council to put these fees on to the 2022-2023 fiscal year tax roll.

This resolution will give acceptance to the Counties request to have the proposed Solid Waste parcel charges for Wester Nevada County as:
 Single Family Residence $44.54 per year
 Multi-Family Units $34.70 per year
 Mobile Home Park Units $31.08 per year
 Non-Residential $27.18 per ton
Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goals #4&5 – Economic Development and Vitality and High-Performance Government and Quality Service for the FY 2022/23.

Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
 R2022-54
 Revised Conflict of Interest Code
 Local Biannual Notice Form

Item # 7.
284789.v1
RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

CONSENTING TO THE IMPOSITION OF A FEE ON PARCELS IN THE CITY TO FUND

LANDFILL COSTS
WHEREAS, Government Code section 25830 provides:

On or before the first day of July of each calendar year, the board of supervisors of any county may, by resolution or ordinance, establish a schedule of fees to be imposed on land within the unincorporated area of the county and incorporated areas of the county where cities do not provide their own waste disposal sites, revenue from the fees to be used for the acquisition, operation, and maintenance of county waste disposal sites and for financing waste collection, processing, reclamation, and disposal services, where those services are provided. In establishing the schedule of fees, the board of supervisors shall classify the land based upon the various uses to which the land is put, the volume of waste occurring from the different land uses and any other factors that the board determines would reasonably relate the waste disposal fee to the land upon which it would be imposed. Fees imposed within the incorporated and unincorporated areas shall be uniform. Prior to imposing fees within an incorporated area, the board of supervisors shall obtain the consent of the legislative body of the city to impose the fees.;
WHEREAS, the County of Nevada has imposed such a fee and by a May 24, 2022 letter of Board of Supervisors Chair Sue Hoek has requested the City Council’s consent to maintain the fee on the tax roll for the 2022 – 2023 fiscal year.

NOW THEREFORE, the City Council grants that consent and directs the Deputy City Clerk to inform the County of the approval.

ADOPTED as a resolution of the City Council of the City of Grass Valley at a regular meeting held on the 28th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

Item # 7.
284789.v1
ABSTAINING:
____________________________
Ben Aguilar, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ____________________________ Michael G. Colantuono, City Attorney Taylor Day, Deputy City Clerk

Item # 7.

Coul.rrYorNpvADA
Srerp op CelmoRNrA
Boano or SupERvrsoRS
Heidi Hall, I st District
Vice{hair Edward C. Scofield, 2,a District
Dan Miller, 3'd District
Chair Susan Hoek, 4th District
Hardy Bullock, 5,h District
Julie Patterson Hunter, Clerk of the Board
May 24,2022
Honorable Mayor Ben Aguilar
And Council Members
City of Grass Valley
125 East Main Street
Gr':sq \./a!lev CA. q5945 *rrtJr v:^ /r
SUBJECT: Fees for Solid Waste
Dear Mayoland Council Members:

In20l2, Nevada County, Grass Valley, and Nevada City approved a temporary reduction in solid waste parcel charges The reduction reflected decreases in our annual operating expenses and the ability of our current reserve fund to address potential post-closure liabilities. On behalf of the Nevada County Board of Supervisors, I am requesting your concurrence again to the implementation of solid waste parcel charges within your jurisdiction. This action is taken pursuant to State of California, Government Code Section 25830.

In order to facilitate the County's actions in levying and collecting parcel charges and to minimize the expenses involved in billing, the County would like to impose the existing fees under the authority contained in Government Code Section 25830. Accordingly, on behalf of the Board of Supervisors, I hereby request that your Council concur with the imposition of parcel charges in the City for the2022123 Fiscal Year as provided in Section 25830. These rates reflect the continuation of a temporary reduction in charges, by 25% for residential properties and 50% for commercial customers for an additional year.

The proposed parcel charges for Western Nevada County are as follows:

Single Family Residence 944.54 per year
Multi-Family Units $34.70 per year
Mobile Home Park Units $31.08 per year
Non-residential $27.18 per ton
I appreciate your consideration in this matter and anticipate your Council's acceptance of the current rates. Please respond to our office by June 10,2022. 950 Maidu Avenue, Suite 200, PO Box 599002, Nevada City CA 95959-7902 phone: 530.265.1480lfax:530.265.9836 ltoll free: 888.785.1480 lemail bdofsupervisorsfa)co.nevada.ca.us website: http://www.mvnevadacountv.corn/nc/bos
PRINTED ON RECYLED PAPER Page 58
Item # 7.

Ifyou have any questions regarding the ordinances or budget in advance ofyour Council meeting, please contact the Public Works Department staff at (530) 265-7038.

Sincerely, qT
Honorable Sue Hoek \
Chair, Board of Supervisors

Item # 7.

RESOLUTION No. r
~~

OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA

RESOLUTION TO CONTINUE TEMPORARY REDUCTION OF THE

WESTERN NEVADA COUNTY SOLID WASTE PARCEL CHARGES
FOR FISCAL YEAR 2022/23 AT A 25% REDUCTION RATHER
THAN THE PREVIOUSLY APPROVED 50% REDUCTION,

APPROVE DRAFT LETTERS TO THE CITIES OF GRASS VALLEY

AND NEVADA CITY REGARDING SOLID WASTE PARCEL

CHARGES AND AUTHORIZE THE CHAIR OF THE BOARD OF

SUPERVISORS OF NEVADA COUNTY TO EXECUTE THE

LETTERS
WHEREAS, in 2012 the County of Nevada entered into a franchise agreement with Waste Management; and
WHEREAS, the County of Nevada defeasanced the 2002 Solid Waste Certificates of Participation; and
WHEREAS, both the aforementioned actions reduced the current annual expenses to operate the Western Nevada County Solid Waste System; and WHEREAS, Section G-IV 8.16 of Chapter IV, Article 8 of the Nevada County Government Code and Article XIIIC of the California Constitution allow the Board of Supervisors to temporarily reduce the parcel charges to an amount consistent with the current need to operate the Solid Waste System; and
WHEREAS, in May 2012, the Board approved Resolution 12-191 temporarily reducing parcel charges; and
WHEREAS, the Board of Supervisors approved Resolution 20-170 to continue the temporary reduction through June 30, 2022; and
WHEREAS, Staff recommends maintaining the Western Solid Waste Parcel Charge to provide adequate revenue for projected operational and capital costs, and to cover post closure financial assurance obligations, with a temporary reduction of the established rate by 25%for residential properties and 50% for commercial customers for an additional year; and WHEREAS, to impose fees under the authority contained in Section 25830 of the Government Code, the Cities of Grass Valley and Nevada City must consent to the imposition of the parcel charges within their jurisdiction.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors that:

1. The annual residential Western Solid Waste Parcel Charge will be temporarily reduced by 25% of the established rate as follows:

Item # 7.

Established Rate Proposed Rate
Single Family Residential $59.40 per year $44.54 per year Multi-Family Residential $46.28 per unit/year $34.70 per unit/year Mobile Home Space $41.44 per unit/year $31.08 per unit/year (In mobile home parks)

2. The annual non-residential Western Solid Waste Parcel Charges will be temporarily reduced by 50% of the established rate as follows:

Established Rate Proposed Rate
Non-residential parcels: $54.38 per ton $27.18 per ton

3. The Chair of the Board of Supervisors is authorized to execute the attached letters to the Cities of Grass Valley and Nevada City of the County's intent to impose parcel charges and requesting their concurrence as required by Government Code Section 25830.

4. This Resolution shall be effective from and after the date of its adoption and shall automatically expire as of June 30, 2023.

PASSED AND ADOPTED by the Board of Supervisors of the County of Nevada at a regular meeting of said Board, held on the 24th day of May, 2022, by the following vote of said Board:

Ayes: Supervisors Heidi Hall, Edward Scofield, Dan Miller, Susan K. Hoek and Hardy Bullock.

Noes: None.

Absent: None.

Abstain: None.

ATTEST:

JULIE PATTERSON HUNTER
Clerk of the Board of Supervisors
Susan K. Hoek, Chair
5/24/2022 cr. SW*
AC"

Item # 7.

COUNTY OF NEVADA

STATE OF CALIFORNIA

BOARD OF SUPERVISORS
May 24, 2022
Honorable Mayor Ben Aguilar
And Council Members
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
SUBJECT: Fees for Solid Waste
Dear Mayor and Council Members:

Heidi Hall, 1St District
Vice-Chair Edward C. Scofield, 2"a District
Dan Miller, 3~d District
Chair Susan Hoek, 4th District
Hardy Bullock, 5th District
Julie Patterson Hunter, Clerk of the Board
In 2012, Nevada County, Grass Valley, and Nevada City approved a temporary reduction in solid waste parcel charges. The reduction reflected decreases in our annual operating expenses and the ability of our current reserve fund to address potential post-closure liabilities. On behalf of the Nevada County Board of Supervisors, I am requesting your concurrence again to the implementation of solid waste parcel charges within your jurisdiction. This action is taken pursuant to State of California, Government Code Section 25830.

In order to facilitate the County's actions in levying and collecting parcel charges and to minimize the expenses involved in billing, the County would like to impose the existing fees under the authority contained in Government Code Section 25830. Accordingly, on behalf of the Board of Supervisors, I hereby request that your Council concur with the imposition of parcel charges in the City for the 2022/23 Fiscal Year as provided in Section 25830. These rates reflect the continuation of a temporary reduction in charges, by 25%for residential properties and 50% for commercial customers for an additional year.

The proposed parcel charges for Western Nevada County are as follows:

Sin le Famil Residence $44.54 er ear
Multi-Famil Units $34.70 er ear
Mobile Home Park Units $31.08 er ear
Non-residential $27.18 er ton
I appreciate your consideration in this matter and anticipate your Council's acceptance of the current rates. Please respond to our office by June 10, 2022. 950 Maidu Avenue, Suite 200, PO Box 599002, Nevada City CA 95959-7902 phone: 530.265.1480 ~ fax: 530.265.9836 ~ toll free: 888.785.1480 ~ email: bdofsupervisors(c~co.nevada.ca.us website: http://www.mvnevadacountv.com/nc/bos

PRINTED ON RECYLED PAPER

Item # 7.

If you have any questions regarding the ordinances or budget in advance of your Council meeting, please contact the Public Works Department staff at (530) 265-7038.

Sincerely,
Honorable Sue Hoek
Chair, Board of Supervisors

Item # 7.

COUNTY OF 1`~TTE~ADA

STATE OF CALIFORNIA
BOARD OF SUPERVISO1zS
May 24, 2022
Honorable Mayor Duane Strawser
And Council Members
City of Nevada City
317 Broad Street
Nevada City, CA 95959
SUBJECT: Fees for Solid Waste
Dear Mayor and Council Members:

Heidi Hall, 1 S~ District
Vice-Chair Edward C. Scofield, 2°d District
Dan Miller, 3~d District
Chair Susan Hoek, 4~h District
Hardy Bullock, Soh District
Julie Patterson Hunter, Clerk of the Board
In 2012, Nevada County, Grass Valley, and Nevada City approved a temporary reduction in solid waste parcel charges. The reduction reflected decreases in our annual operating expenses and the ability of our current reserve fund to address potential post-closure liabilities. On behalf of the Nevada County Board of Supervisors, I am requesting your concurrence again to the implementation of solid waste parcel charges within your jurisdiction. This action is taken pursuant to State of California, Government Code Section 25830.

In order to facilitate the County's actions in levying and collecting parcel charges and to minimize the expenses involved in billing, the County would like to impose the existing fees under the authority contained in Government Code Section 25830. Accordingly, on behalf of the Board of Supervisors, I hereby request that your Council concur with the imposition of parcel charges in the City for the 2022/23 Fiscal Year as provided in Section 25830. These rates reflect the continuation of a temporary reduction in charges, by 25%for residential properties and 50% for commercial customers for an additional year.

The proposed parcel charges for Western Nevada County are as follows:

Sin le Famil Residence $44.54 er ear
Multi-Famil Units $34.70 er ear
Mobile Home Park Units $31.08 er ear
Non-residential $27.18 er ton
I appreciate your consideration in this matter and anticipate your Council's acceptance of the current rates. Please respond to our office by June 10, 2022. 950 Maidu Avenue, Suite 200, PO Box 599002, Nevada City CA 95959-7902 phone: 530.265.1480 ~ fax: 530.?.65.9836 ~ toll free: 888.785.1480 ~ email: bdofsupervisors(a,co.nevada.ca.us website: http://www.mvnevadacountv.com/nc/bos

PRINTED ON RECYLED PAPER

Item # 7.

If you have any questions regarding the ordinances or budget in advance of your Council meeting, please contact the Public Works Department staff at (530) 265-7038.

Sincerely,
~~~
Honorable Sue Hoek
Chair, Board of Supervisors

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Grass Valley Management & Supervisory Professional & Confidential Employees – Unit 1 – Side Letter to July 1, 2019 – June 30, 2023 Approved Memorandum of Understanding
Recommendation: Adopt Resolution No. 2022-55 approving a Side Letter to the Labor Memorandum of Understanding for a three-year period beginning July 1, 2019 through June 30, 2022 between the City of Grass Valley and the Grass Valley Management / Supervisory Professional & Confidential Employees Group (Unit 1).

Prepared by: Andy Heath, Administrative Services Director Council Meeting Date: 6/28/2022 Date Prepared: 6/17/2022 Agenda: Consent
Background Information: The City Manager has recently re-opened the current Labor Memorandum of Understanding (MOU) with the Grass Valley Management / Supervisory Professional & Confidential Employees Group (Unit 1). As such, the City and Unit 1 have mutually agreed to provide a five-percent Cost of Living Adjustment (COLA) to members of the bargaining group effective June 26, 2022 (the first day of a pay period coinciding with a July 1, 2022 implementation. Additionally, to offset some of the 5% COLA, Personal Leave time accrued time will be reduced for 10 plus years to 20 years to 316 hours (12.15 hours biweekly) for a reduction of 4 hours and 20 plus years to 328 hours (12.62 hours biweekly) for an equivalent of a reduction of 8 hours over those periods effective June 26, 2022. The term of the agreement shall be extended by one year to June 30, 2023. All other terms, conditions, and provisions of the MOU, to the extent not modified by this Agreement, shall remain in full force and effect.

Updated provisions in the Side-Letter and estimated fiscal impacts include the following:

Item # 8.

MOU Provision Estimated Annual
Incremental Cost
Side Letter providing a 5% COLA increase to each member (all classifications) in Unit 1
$59,715 (General Fund)
$6,845 (Measure E Fund)
$1,885 (Water Fund)
$9,540 (Sewer Fund)
Council Goals/Objectives: Approval of the updated negotiated Side Letter between the City and Unit 1 executes portions of the work tasks towards achieving /maintaining the Strategic Plan goal to maintain a Productive and Efficient Workforce.

Fiscal Impact: The estimated incremental annual costs of $77,985 effective for the beginning of the FY2022/23 has been included in the recommended budget for FY2022/23.

Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments:
 Resolution No. 2022-55 - Approval of Unit 1 Side-Letter  Side Letter – Unit 1

Item # 8.

RESOLUTION NO. 2022-55

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

ADOPTING A SIDE LETTER TO THE MEMORANDUM OF

UNDERSTANDING WITH THE GRASS VALLEY MANAGEMENT &

SUPERVISORY, PROFESSIONAL & CONFIDENTIAL EMPLOYEES
ASSOCIATION (UNIT #1) FOR THE PERIOD JULY 1, 2019 – JUNE 30, 2022

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SIDE
LETTER
WHEREAS, the labor negotiations team appointed to represent the City Council of the City of Grass Valley and representatives of the Grass Valley Management & Supervisory, Professional & Confidential Employees Association (Unit #1) have engaged in re-opener conversations to update the labor Memorandum of Understanding (“MOU”) between the City and Unit 1; and
WHEREAS, the parties came to an agreement which incorporates updates to the attached Side Letter;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:

1. The above recitals are true and correct and are a substantive part of this Resolution.

2. The City Council of the City of Grass Valley approves the Side Letter to the current Memorandum of Understanding for the Grass Valley Management & Supervisory, Professional & Confidential Employees Association (Unit #1) and authorizes the City Manager to execute said Side Letter.

PASSED AND ADOPTED as a Resolution of the City Council of Grass Valley at a meeting thereof held on the 28
th day of June 2022 by the following vote:

AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAINING: Councilmember
_____________________________
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
Taylor Day, Deputy City Clerk Michael Colantuono, City Attorney

Item # 8.

THE CITY OF GRASS VALLEY
AND

MANAGEMENT/SUPERVISORY, PROFESSIONAL &
CONFIDENTIAL EMPLOYEES IN UNIT #1

SIDE LETTER AGREEMENT TO
JULY 1, 2019 - JUNE 30, 2022

MEMORANDUM OF UNDERSTANDING
WHEREAS, the parties have met and agreed to amend the existing July 1, 2019 – June 30, 2022, Memorandum of Understanding (MOU) to include a 5% Cost of Living Adjustment for 2022; and WHEREAS, the parties additionally agreed to offset some of the 5% COLA by reducing Personal Leave time accrued for 10 plus years to 20 years to 316 hours (12.15 hours biweekly) for a reduction of 4 hours and 20 plus years to 328 hours (12.62 hours biweekly) for an equivalent of a reduction of 8 hours over those periods.

NOW THEREFORE, the parties agree to amend the MOU as follows:

1. ARTICLE 6- SALARY
A. Salary Schedule

5. Effective June 26, 2022, the City shall implement a 5% Cost of Living Adjustment (COLA) for all unit #1 employees. Salary ranges shall be adjusted to reflect this COLA increase.

Item # 8.

2. Effective June 26, 2022, reduce the Personal Leave time accrued for 10 plus years to 20 years to 316 hours (12.15 hours biweekly) and 20 plus years to 328 hours (12.62 hours biweekly) for an equivalent of a reduction of 8 hours total over those periods.

3. The term of the agreement shall be extended by one year to June 30, 2023. All other terms, conditions, and provisions of the MOU, to the extent not modified by this Agreement, shall remain in full force and effect.

CITY OF GRASS VALLEY MANAGEMENT/SUPERVISORY &

PROFESSIONAL & CONFIDENTIAL
EMPLOYEES IN UNIT #1
_______________________________ _______________________________ BEN AGUILAR, MAYOR CATHARINE DYKES, UNIT #1
_______________________________ _______________________________ TIM KISER, CITY MANAGER JOE MATTEONI, UNIT #1

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Nevada County Professional Firefighters, IAFF Local 3800 Memorandum of Understanding – July 1, 2021 – June 30, 2023
Recommendation: Adopt Resolution No. 2022 - 56 approving the Labor Memorandum of Understanding for a one-year period beginning July 1, 2022 through June 30, 2023 between the City of Grass Valley and the Nevada County Professional Firefighters, IAFF Local 3800 (Unit 8).

Prepared by: Andy Heath, Administrative Services Director Council Meeting Date: 06/28/2022 Date Prepared: 06/20/22 Agenda: Consent
Background Information:

Over the course of the last couple of months, the City’s labor negotiations team has been meeting with representatives of Nevada County Professional Firefighters, IAFF Local 38000 (“IAFF”) (“Unit 8”) to come to an agreement on terms and conditions for an updated Memorandum of Understanding (“MOU”) effective July 1, 2022. The City’s labor team and Unit 8 have concluded the negotiations process; and Unit 8 has duly ratified the updated provisions to the MOU which are now being recommended for City Council approval.

Updated provisions to the MOU and annual estimated fiscal impacts include the following:

MOU Provision Estimated Annual
Incremental Cost

1. Term of Agreement – July 1, 2021 – June 30, 2023
(Note: the effective date will be June 26, 2022, the
first day of a new pay period) – 5% COLA and
budgetary cost-neutral conversion of Holidays to base
salary (5.0%).
$85,400 (General Fund)
$49,490 (Measure E Fund)
Council Goals/Objectives:

The approval of an updated labor MOU between the City and Unit 8 executes portions of work tasks towards achieving / maintaining (1) a Productive and Efficient Workforce, and (2) Community Safety.

Item # 9.

Fiscal Impact:

The estimated incremental annual costs of $134,890 effective for the beginning of the FY2022/23 has been included in the recommended budget for FY2022/23.

Funds Available: Yes Account #: General Fund
Measure E Fund
Reviewed by: Tim Kiser, City Manager
Attachments:
 Resolution No. 2022-56 - Approval of Unit 8 Memorandum of Understanding  Memorandum of Understanding – Unit 8

Item # 9.

RESOLUTION NO. 2022-56

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

ADOPTING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE NEVADA COUNTY PROFESSIONAL FIREFIGHTERS, IAFF LOCAL 3800 (UNIT #8) FOR THE PERIOD JULY 1, 2022 – JUNE 30, 2023, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the labor negotiations team appointed to represent the City Council of the City of Grass Valley and representatives of the Nevada County Professional Firefighters, IAFF Local 3800 (Unit #8) have engaged in negotiations to update the labor Memorandum of Understanding (“MOU”) between the City and Unit 8; and
WHEREAS, the parties came to an agreement which incorporates updates to the attached updated MOU;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:

1. The above recitals are true and correct and are a substantive part of this Resolution.

2. The City Council of the City of Grass Valley approves the updated Memorandum of Understanding for the Nevada County Professional Firefighters, IAFF Local 3800 (Unit #8) for the period of July 1, 2022 through June 30, 2023 and authorizes the City Manager to execute said agreement.

PASSED AND ADOPTED as a Resolution of the City Council of Grass Valley at a meeting thereof held on the 28th day of June 2022 by the following vote:

AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAINING: Councilmember
_____________________________
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
Taylor Day, Deputy City Clerk Michael Colantuono, City Attorney

Item # 9.

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

GRASS VALLEY CITY COUNCIL
AND

NEVADA COUNTY PROFESSIONAL FIREFIGHTERS, IAFF
LOCAL 3800 FOR AND ON BEHALF OF THE EMPLOYMENT
CLASSIFICATIONS IN THE CITY'S EMPLOYEES UNIT #8
Effective July 1, 2021 2022 – June 30, 20222023

Item # 9.

TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION............................................................................1 A. Dues Deductions ................................................................................................1 ARTICLE 2 - SUPPORT OF AGREEMENT.....................................................2 A. Conditions ..........................................................................................................2 ARTICLE 3 - MANAGEMENT PROCEDURAL PREROGATIVES.............2 A. Understanding .....................................................................................................2 ARTICLE 4 - HOURS OF WORK AND BASIS OF COMPENSATION .......3 A. Pay Periods..........................................................................................................3 B. Work Periods.......................................................................................................3 C. Calculation of Compensation..............................................................................4 D. Workday..............................................................................................................4 E. Work Schedule ....................................................................................................4 F. Lunch Period........................................................................................................4 G. Rest Period ..........................................................................................................4 H. Shift Trades.........................................................................................................5 ARTICLE-5-OVERTIME; CALL BACK; STANDBY; COURT TIME;
TRAINING TIME .................................................................................................5 A. Overtime..............................................................................................................5 B. Call Back Time....................................................................................................6 C. Standby Time ......................................................................................................6 D. Court Time ..........................................................................................................6 E. Training Time......................................................................................................6 F. Overtime for Standard Time Employees.............................................................7 ARTICLE 6 – LEAVE...........................................................................................7 A. Absence from Duty .............................................................................................7 B. Sick Leave ...........................................................................................................7 C. Sick Leave usage.................................................................................................7 D. Worker’s Compensation Pay ..............................................................................8 E. Bereavement Leave .............................................................................................8 F. Vacation Leave ....................................................................................................8 G. Holidays............................................................................................................10 H. Jury Duty Leave ................................................................................................11 I. Family and Medical Care Leave.........................................................................11 ARTICLE 7 – RETIREMENT...........................................................................12 A. CALPERS Pension Definition..........................................................................12 B. New Member Retirement Benefits....................................................................12 C. New Member Retirement Contributions...........................................................12

Item # 9.

D. Classic Member Retirement Benefits ...............................................................12 E. Classic Member Retirement Contributions.......................................................12 F. Supplemental Retirement Benefits....................................................................13 G. Retiree Health Insurance Benefits.....................................................................13 ARTICLE 8 – SALARY SCHEDULE...............................................................14 A. Salary Ranges for Unit Classifications .............................................................14 B. Certificate and Educational Incentive ...............................................................14 C. Rules for Use of Salary Schedule......................................................................15 D. Acting Pay.........................................................................................................17 E. Specialist Classifications...................................................................................17 ARTICLE 9 - HEALTH AND WELFARE.......................................................17 A. Insurance Benefits.............................................................................................17 ARTICLE 10 – SCHEDULING OF SHIFTS....................................................18 A. Authorized Personnel........................................................................................18 ARTICLE 11 – PROMOTIONAL OPPORTUNITIES ...................................18 ARTICLE 12 – UNIFORMS...............................................................................19 A. Care of Uniform................................................................................................19 B. Special Compensation.......................................................................................19 ARTICLE 13 - REDUCTION IN FORCE AND RE-EMPLOYMENT.........19 A. In Lieu of Layoff...............................................................................................19 B. Treatment of Employees Laid Off ....................................................................20 C. Seniority ............................................................................................................21 ARTICLE 15 - DISCIPLINARY ACTION.......................................................21 A. Principle ............................................................................................................21 B. Disciplinary Process..........................................................................................21 C. Informal Actions ...............................................................................................21 D. Formal Disciplinary Actions.............................................................................22 E. Administration of Discipline .............................................................................22 F. Skelly Process....................................................................................................22 G. Appeal Process..................................................................................................22 ARTICLE 16 - GRIEVANCE PROCEDURE ..................................................23 A. Definition ..........................................................................................................23 B. Process...............................................................................................................23 C. Procedures.........................................................................................................23 D. Informal Grievance ...........................................................................................23 E. Formal Grievance ..............................................................................................24 F. General Conditions............................................................................................25

Item # 9.

ARTICLE 17 – SAFETY.....................................................................................26 A. Safe conditions, Equipment and Duties............................................................26 B. Safety Equipment ..............................................................................................26 C. Employee Alertness...........................................................................................26 D. Drug, Alcohol and Substance Abuse Policy .....................................................26 E. Employee Assistance Program..........................................................................27 ARTICLE 18 - NO STRIKES/NO LOCKOUTS..............................................27 ARTICLE 19 - DISTRIBUTION OF MOU......................................................27 ARTICLE 20 – EFFECT OF THIS AGREEMENT........................................27 ARTICLE 21 - NOTICE.....................................................................................28 ARTICLE 22 - SEVERABILITY SAVINGS CLAUSE...................................28 ARTICLE 23 - TERM OF MOU........................................................................28 RECOMMENDATION OF REPRESENTATIVES ........................................29 APPROVAL OF AGREEMENT........................................................................30 APPENDIX A – SALARY SCHEDULE AND CLASSIFICATIONS
APPENDIX B – PROCEDURE TO MONITOR CHAIN OF CUSTODY

Item # 9.
1 AGREEMENT BETWEEN THE CITY OF GRASS VALLEY CITY COUNCIL AND THE NEVADA COUNTY PROFESSIONAL FIREFIGHTERS, IAFF LOCAL 3800 FOR AND ON BEHALF OF THE EMPLOYMENT CLASSIFICATIONS IN THE CITY’S UNIT #8 “FIREFIGHTERS” FOR FISCAL YEAR 20212022-20222023.

This agreement is made and entered into by and between the City of Grass Valley, hereinafter referred to as the “City”, and the Nevada County Professional Firefighters, Local 3800hereinafter referred to as the “Unit” or “Employees”.

ARTICLE 1 - RECOGNITION
The City recognizes the Nevada County Professional Firefighters, Local 3800and their designated representatives, as the exclusive representatives of the Firefighters Unit #8.

A. Dues Deductions
Employees may sign up for Payroll Deductions of Local 3800 dues with Local 3800. Local 3800 will certify to the City any new members of Local 3800.

City agrees to deduct dues as established by Local 3800, and premiums for approved insurance programs from the salaries of Local 3800 members. The sum so withheld shall be remitted by the City, without delay, directly to Local 3800 along with a list of employees who have had such amounts deducted. Local 3800 agrees to provide a listing of all additions or deletions of membership or requested changes to establish payroll deductions of its members to the City.

The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions (including healthcare deductions) have priority over Local 3800 dues.

It shall be the sole responsibility of Local 3800 to procure and enforce payroll deduction of dues.

Local 3800 shall indemnify, defend, and hold harmless the City, its officers, employees, and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgments, and other forms of liability arising out of the application or enforcement of this Section. In no event shall the City be required to pay from its own funds Local 3800 dues which the employee was obligated to pay, but failed to pay regardless of the reasons.

Any Local 3800 member who notifies the City of their desire to discontinue dues or otherwise withdraw from Local 3800 membership shall be referred to Local 3800. The City agrees to continue all dues deductions until notified of a deduction change by Local 3800,

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2 The City will provide Local 3800 with 10 days’ advance notice by email to the Local 3800 President of any new employee orientation as provided under California Government Code §3556. A designated Local 3800 representative will be given access and a reasonable amount of time without loss of pay during all new employee orientation meetings to communicate with the public employees that Local 3800 represents to ensure the effectiveness of state labor relations statues, meaningfully communicate through costeffective and efficient means with the public employees on whose behalf it acts, and afford Local 3800 representatives an opportunity to discuss the rights and obligations created by this MOU and the role of Local 3800, and to answer questions.

The City will provide Local 3800 by email to the Local 3800 President with a list of the name, job title, department, work location, work telephone number, home telephone number, personal cellular phone number, personal email address, and home address of any new employee in Local 3800’s bargaining unit within 30 days of hire or by the first pay period of the month following hire as provided under California Government Code §3558.

The City will provide Local 3800 by email to the Local 3800 President with a list of all employees in Local 3800’s bargaining unit at least every 120 days. The list will include each employee’s name, job title, department, work location, work telephone number, home telephone number, personal cellular phone number, personal email address, and home address.

Nothing in the article is intended to limit or abridge the provisions of AB 119 as codified in California Government Code sections 3555 to 3599.

ARTICLE 2 – SUPPORT OF AGREEMENT
A. Conditions
1 During the term of this Agreement, the City agrees to meet and confer only with the representative(s) officially designated by Local 3800 to act on its behalf and which is within its scope of representation. Employees agree to meet and confer only with the representative(s) officially designated by the City to act on the City’s behalf, and to utilize the meet and confer process as the means of gaining consensus as to wages, hours and conditions of employment.

2. During the term of this agreement and as appropriate thereafter the parties agree to use the dispute resolution machinery as provided herein or by Civil Service rules as a means of adjudicating disputes between them.

ARTICLE 3 – MANAGEMENT PROCEDURAL PREROGATIVES
A. Understanding

1. It is understood that the City retains the procedural prerogative to initiate or to refrain from initiating actions that may affect unit members’ wages, hours and conditions of employment and that such actions, once initiated by the City are subject only to the express procedural limitations that may be set forth in the Agreement, Civil Service Rules, Charter or other law. Such matters include, but are not limited to, the procedural rights to contract out work not performed by active

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3 unit members, to transfer, lay off, terminate or otherwise discipline employees, to reasonably accommodate qualified disabled persons/employees, to make technological improvements, and to take necessary action to implement the terms and conditions of the Agreement.

2. The employees recognize and agree that the City, on its own behalf and on behalf of the electors of the City, retains and reserves unto itself, limited only by articles of this Document, all powers, rights, authority, duties and responsibilities conferred upon, and vested in it, by the laws of the Constitution of the State of California and of the United States and the provisions of the City Charter.

3. The employees recognize and agree that the exercise of the foregoing powers, rights, authority, duties and responsibilities of the City, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement or applicable law.

4. The employees recognize and agree that the City’s powers, rights, authority, duties and responsibilities include, without limiting the generality of the foregoing, the exclusive right to manage, plan, organize, staff, direct and control; to determine levels of service; to determine solely the extent to which the facilities of any department thereof shall be operated, and the outside purchases of products or services; the right to introduce new or improved methods and facilities and to otherwise take any action desired to run the entire operation efficiently, except as modified by this Agreement.

5. It is understood and agreed that the specific express provisions contained in this Agreement shall prevail over employer practices and procedures and over all applicable laws to the extent permitted by law, and that in the absence of specific provisions in this Agreement, such practices and procedures are discretionary with the City. Nothing contained in this Agreement shall be interpreted as to imply or permit the invocation of past practice, or tradition, or accumulation of any employee rights or privileges other than those expressly stated therein.

6. If a conflict arises between this agreement and a City Charter provision or resolution incorporated herein, the City’s Charter provision or resolution shall prevail.

ARTICLE 4 – HOURS OF WORK AND BASIS OF COMPENSATION
A. Pay Periods
The “pay period” shall be fourteen (14) calendar days from Sunday at 0800 to 0800 on the second Sunday thereafter, and refers to the period of computing compensation due for all normal working days during that period. Actual payment of payroll shall be made the ensuing Friday following the end of the pay period. The employee or his designee with valid ID may pick up payroll after 12:00 noon that Friday at the employee’s assigned station. There are twenty-six (26) equal pay periods per year.

B. Work Periods

1. For employees assigned to Shift Work, the work period will be a twenty-eight (28) day work period.

2. The average weekly duty hours shall be fifty-six (56) hours per week for Shift Employees.

3. The Bi-weekly average work hours shall be one hundred twelve (112) hours for positions of Firefighter, Engineer and Captain who are assigned shift work at fire station(s) and shall coincide with the established two (2) week pay period (consisting of fourteen (14) days or two (2) weeks).

4. A Standard work period for employees assigned forty (40) work hours per week is fourteen (14) calendar days from Sunday (starting at midnight Saturday) to midnight of the second Saturday

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4 thereafter, and refers to the period for computing compensation due for all normal working days during that period.

5. Payroll checks will be available the ensuing Friday by noon following the end of the pay period.

Direct deposit pay checks will have funding available on the morning of the Friday payroll date.

C. Calculation of Compensation

1. Compensation for Shift employees is based on twenty-seven hundred, fifty-six (2,756) hours per year. The payment of compensation shall be calculated to the nearest one-quarter (1/4) hour. The amount of salary for the first pay period in a twenty-eight (28) day work period shall be calculated by multiplying the hourly rate by one hundred six (106) hours. The second pay period of a 28-day work period will be 106 hours at the hourly rate plus FLSA overtime and other appropriate compensation earned during the entire 28-day work period.

2. For employees working a Standard work period pay is based on 2,080 hours per year with twentysix (26) equal pay periods per year. The payment of compensation shall be calculated to the nearest one-quarter (1/4) hour.

3. Compensation is based on the hourly rates and pay schedule set forth in Appendix A. Adjustments in hourly rates are rounded up to the next penny, but may not exceed the top of any pay range.

D. Work Day

1. For Shift Employees working the normal work day means each day on which a shift employee performs a normal working shift of twenty-four (24) hours including holidays, Saturday and Sunday. No work hours will be added or deducted due to daylight savings changes.

2. For employees working a Standard 2,080 hours per year the normal work day means each day on which an employee performs a normal working shift of eight (8) hours, including holidays, Saturday and Sunday. All time appropriately authorized in excess of eight (8) hours per workday shall be administered pursuant to Article 5. Work periods may be adjusted to reflect alternative work schedules. The normal work day is 8:00 am to 5:00 pm.

E. Work Schedule
The work schedule for employees will be posted fourteen (14) days prior to the work period. The normal work schedule for 2,080-hour employees is Monday through Friday.

F. Lunch Period
Employees are allowed a one (1) hour lunch period.

G. Rest Period

1. Employees are allowed one (1) fifteen (15) minute rest period during the mid-morning hours and one (1) fifteen (15) minute rest period during the mid-afternoon hours except in the case of an emergency response.

2. Employees working 8 hours per day (or alternate schedule) are provided one paid fifteen (15) minute rest period for each half of the workday and a one-hour lunch break, generally in the middle of the workday. Lunch period and rest periods generally are not to be taken within one (1) hour of start or ending times.

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5 H. Shift Trades
With approval of the Fire Chief or designee, the trading of hours between employees may occur without overtime or other financial liability to the City. The trading of time between employees may occur from one work period to another. All such trades will be voluntary by the employees affected. All shift trades shall be scheduled in accordance with Standard Operating Procedure (SOP) #110.

ARTICLE 5 – OVERTIME; CALLBACK; STANDBY; COURT TIME; TRAINING TIME A. Overtime

1. Policy - The Fire Chief or his designee will schedule the work of the department so that shift employees will normally not work more than their assigned shifts in a twenty-eight (28) day work period. Overtime work will be held to a minimum consistent with the necessary staffing requirements of the fire department and emergencies within the city.

2. Defined -
a. Overtime is authorized time worked in excess of two hundred, twelve (212) hours in a twenty-eight (28) day work period.
b. Employees who work in excess of two hundred and twelve (212) hours in a twenty-eight (28) day work period, will receive time and one half (time or pay) for all hours worked in excess of two hundred and twelve (212) during the work period. c. Employees who work less than two hundred and twelve 212 hours in a 28-day work period will receive straight time (time or pay) up to two hundred and twelve (212) hours. d. For employees working a Standard work period, overtime is authorized for time worked in excess of the assigned daily shift, provided total time worked in excess of forty (40) hours in a work week. Time may be adjusted to reflect alternative work schedules.

3. Authorization for Overtime Work - Overtime work not specifically authorized through the scheduling process shall be performed only upon express authorization of the Fire Chief or designee empowered by him/her to authorize the same.
4 Reporting Overtime - Total hours of recorded authorized overtime for each work period for each employee shall be reported on attendance reports and shall be signed by Fire Chief or designated alternate. The total hours of prior accumulated compensatory time taken off during each pay period shall be likewise reported.

5. Fringe Benefits Not Affected by Overtime - Overtime work shall not be a basis for increasing vacation or sick time leave benefits, nor shall it be a basis of advancing completion of required period for probation or salary advances.

6. Compensation for Overtime -
a. Compensatory time off (CTO) may be accrued up to eighty (80) hours. These limits may be exceeded due to emergencies, but are to be brought into compliance as soon as operationally possible.
b. An employee shall have the option to request compensatory time in lieu of paid time for overtime necessitated by call backs, training, sick leave, holiday, or vacation coverage.

Approval from the Chief or designee is required. Strike team and overhead assignments will be paid only in overtime pay.
c. Employees who work less than 212 hours in a 28-day work period will receive their regular straight time pay, by including any available leave credits to reach the 212-hour level.

Vacation, floating holidays, sick leave, bereavement, jury duty and compensatory time off shall count as time worked for the purpose of computing overtime.

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6 d. Compensation received through the payment of workers compensation pay (4850) time shall not count as hours worked for the purpose of computing overtime.

B. Callback Time

1. Callback time shall be that time an employee is called back to work by the Fire Chief or his designee before or after a normal work shift when an employee is required to work on normal time off. The time actually worked, or a minimum of three (3) hours, may be paid or accrued as compensatory time off. Calculation subject to the 212-hour limit provided in Article 5, A (2).

2. Employees called back from vacation or compensatory time off leave shall be paid straight time for such hours worked.

3. Employees working a standard shift who are called back shall receive a minimum of 3 hours call back pay at the overtime rate. Additional hours in excess of the minimum 3 hours of call back time worked will be treated as overtime or straight time based on the actual hours worked in the 212-hour work period.

C. Standby Time
Standby time shall be that time an employee is designated by the Fire Chief to be available on immediate call on normal days or hours off. If not called, the employee shall be compensated for the actual time on stand-by with a minimum of three (3) hours accrued as compensatory time or pay subject to the same rules for callback time.

D. Court Time
Court time is defined as that period of time when an employee is required to appear in court as part of the performance of his/her normal duties on a day when the employee would not otherwise be scheduled to work. Court time will be compensated only when the employee is required to appear in court in connection with his or her duties at a time when he/she is not otherwise scheduled to be working. An employee will not be granted court time during the same time period that callback time is compensable. Court time may be paid or accrued as compensatory time in the same manner as call back time and shall be computed on the basis of the actual amount of the time the employee is required to appear in court, rounded to the nearest one quarter (1/4) hour.

E. Training Time

1. The City recognizes the importance of training for Unit members and strives to provide a minimum of two formal, career related training opportunities per year. Employee-requested and Department approved training will include tuition, per diem and coverage of normally scheduled shifts at City expense. Employees will not receive any overtime for requested training.

Probationary employees will only be approved for classes needed to complete probation. The location of the approved training will be at the Department’s discretion. All approved training funded by the City is subject to budgetary limitations.

2. Mandatory training, scheduled by the Department, will be at the City’s expense, including any employee overtime pay.

3. Expenses incurred must be in accordance with City travel expense policy.

4. In addition to training provided in item 1 above, employees may be granted relevant and jobrelated classes at the discretion of the Chief with the sharing of costs to be mutually agreed upon by the employee and Chief.

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7 5. Employees returning from week long (40 hour) training programs to a regularly assigned shift, will be granted administrative time for the remainder of the shift that falls on the same day of their return from training. The employee may choose to work the shift.

F. OVERTIME FOR STANDARD TIME EMPLOYEES

1. Overtime for employees assigned an 8 hour day or approved alternative shift: It is the policy that overtime work be discouraged and that work be arranged so that full-time Employees shall normally work not more than eight (8) hours per work day or more than forty (40) hours per week, or more than eighty (80) hours in any pay period, and that overtime work be held to a minimum consistent with the efficient performance of necessary functions. Hours are subject to change based on alternative work schedules.

2. Overtime is authorized time worked in excess of eight (8) hours in a normal day or forty (40) hours per week. Subject to modification based on alternative work schedules. All work authorized as overtime shall be calculated at the overtime rate which is one and one-half (1 1/2) times the regular hourly rate of pay (such calculation being non-cumulative for the same hours). Overtime will be paid, unless requested and approval received for compensatory time. Compensatory time is limited to no more than 120 hours.

3. If a position is authorized to work an alternative work schedule the overtime calculations will be based on the authorized workday (i.e., a 9- or 10-hour day).

ARTICLE 6 – LEAVE
A. Absence from Duty
The absence of an employee from duty shall be reported according to department S.O.P. Unauthorized absence from duty is sufficient cause for discipline up to and including termination of employment.

Unauthorized absence from duty for two tours (96 hours) shall be deemed a voluntary resignation from City employment. For Standard time employees unauthorized absence from duty of five (5) days shall be deemed a voluntary resignation for City employment.

B. Sick Leave

1. Shift Employees shall be entitled to accrue 8.857.5 hours of sick leave per pay period (230 195 hours per year). If any employee does not take the full amount of sick leave allowed in any calendar year, the amount not taken may be accumulated from year to year without limit.

2. Standard Time Employees shall be entitled to accrue 3.69 hours of sick leave per pay period (96 hours per year). If any employee does not take the full amount of sick leave allowed in any calendar year, the amount not taken may be accumulated from year to year without limit.

C. Sick Leave Usage

1. Sick leave accrual, if available, will be used for the following circumstances:
a. the absence from duty of an employee because of his/her illness, pregnancy or related complications; quarantine due to contagious disease.
b. The absence from duty of an employee due to the preventative care, diagnosis, care or treatment of a health condition of the employee’s family member or other purposes authorized by Labor Codes Section 246.5 (leave for victims of domestic violence, sexual assault, or stalking). For the purposes of this provision, family member shall be restricted to the employee’s biological parent, foster parent, adoptive parent, sibling, spouse,

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8 domestic partner, child, parent-in-law, brother-in-law, sister-in-law, grandparent, grandchild, stepparents, stepchildren, step sibling, where there is a child rearing relationship, or a person who stood in loco parentis when the employee was a minor child. c. the medical appointment of an employee.
d. the absence from duty of an employee due to the medical appointment or illness of his/her spouse, domestic partner, child, or parent to the extent provided by California Law (specifically, AB 109, known as the “Kin Care” legislation effective in 2000, and SB 1471, as enacted in 2003)

2. If absence from duty by reason of sickness extends beyond the period of two (2) work shifts (48 hours), the officer or employee may be required to provide, to the Fire Chief or his/her designee, a verification of sickness or disability prepared by a regular, licensed and practicing physician prior to entitlement to sick leave pay. All employees whose absence from duty because of sickness extends beyond two (2) calendar weeks shall cause a weekly report or certificate by a regular licensed and practicing physician to be filed with the Fire Chief or his designee. Certificates filed under this section shall detail the nature of the sickness and certify the employee’s inability to return to work. If no certificate is filed, salary or wages may be withheld from employee. The Fire Chief or his designee may require any employee to furnish a certificate of illness or disability completed by a regular, licensed and practicing physician at any time that the Fire Chief is aware of information that an employee is abusing sick leave. No employee will be disciplined for insubordination based on the refusal to work when he or she has elected to use accrued sick leave but will remain subject to discipline for any abuse or dishonesty in the use of sick leave.

D. Worker’s Compensation Pay
Employees absent from work under Labor Code Section 4850 shall be compensated for those scheduled hours at straight time.

E. Bereavement Leave
1 Employees shall be granted leave of absence with pay not to exceed two work shifts (48 hrs.) per fiscal year non-cumulative for the purpose of attending funeral services, making related arrangements for the family or travel to and from the location of services on account of the death of any member of his/her immediate family. Member of the immediate family means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, step parents or any relative living in the immediate household of the employee.

2. Leaves in excess of the 2 work shifts as specified above (or in case of additional deaths) shall be charged to vacation or compensatory time.

3. Standard Employees will receive 40 hours of time to be used in the same manner as provided for in this section.

F. Vacation Leave

1. Following completion of twelve (12) months of continuous service, an employee shall receive credit for vacation pay in accordance with the following schedule for shift employees:

Up to two 2 years............................... 106 144 hours per year (5.544.08 hours per pay period) 2 years plus to 5 years...................... 133 168 hours per year (5.126.46 hours per pay period) 5 years plus to 10 years.................... 159 216 hours per year (8.316.12 hours per pay period)

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9 10 years plus to 15 years.................. 212 240 hours per year (8.159.23 hours per pay period) 15 years plus to 20 years.................. 260 288 hours per year (10 11.08 hours per pay period) 20 plus years .................................... 272 312 hours per year (10.4612 hours per pay period) Credit for Standard work week employees will be as follows:

Up to 2 years 80 hours per year (3.08 hrs per pay period) 2 plus years to 5 years 96 hours per year (3.69 hrs per pay period) 5 plus years to 10 years 120 hours per year (4.62 hrs per pay period) 10 plus years to 15 years 140 hours per year (5.38 hrs per pay period) 15 plus years to 20 years 160 hours per year (6.15 hrs per pay period) 20 plus years 176 hours per year (6.77 hrs per pay period)

2. All vacation hours earned by an employee shall be vested to such employee at the conclusion of each pay period. Probationary firefighters shall not be allowed to schedule vacation leave during the one-year probationary period unless approved by the Fire chief or designee.

3. Shift Employees will be permitted to accumulate accrued vacation hours until reaching maximum cap limit of 420 hours. No more than 420 hours of accrued vacation may be carried over to the next calendar year. Once the shift employee reaches the cap limit of 420 hours, vacation shall not continue to accrue until the shift employee has used accrued vacation hours to lower the accumulated accrued vacation hours below 420.

4. Standard Employees will be permitted to accumulate accrued vacation hours until reaching maximum cap limit of 320. No more than 320 hours of accrued vacation may be carried over to the next calendar year. Once the employee reaches the cap limit of 320 hours, vacation shall not continue to accrue until the shift employee has used accrued vacation hours to lower the accumulated accrued vacation hours below 320.

5. Vacation will be scheduled in accordance with Department SOP #109. In the event an employee is not permitted to schedule and take vacation as caused by the City, which results in the employee exceeding the accumulation limits, the Fire Chief, may upon request of the employee, request the City Manager to approve a 90 day extension of time, in which vacation time will be scheduled that will bring the employee’s accrued time below the hour limit. For vacation requested for the same period, seniority with the Fire Department will determine the order which employee receives their vacation request first.

6. Vacation Elective cash-out provisions:

Employees may, once each calendar year during the month of December, request payment in lieu of vacation if the following conditions are met:
a. The employee has taken a minimum of 96 hours of vacation and/or holiday hours off in the current calendar year as of the last full pay period ending in the month of November; b. The employee has no less than 200 hours of accrued vacation and holiday hours as of the last full pay period in the month of November; and
c. The Employee utilizing this provision submits an irrevocable election by December 31st of the calendar year prior to the calendar year in which the vacation hours to be cashed out are earned; and
d. The requested cash out will coincide with the applicable IRS tax year based upon the check dates; and

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10 e. The actual payment of the requested hours cannot occur until the hours to be cashed out for that calendar year have accrued. Cash-outs for hours accrued in prior years are not allowed; and
f. The requested vacation cash outs will be paid by the last paycheck of the calendar year in which the vacation hours are earned.

G. Holidays Pay

1. All non-shift unit members shall receive pay in lieu holidays. Personnel assigned to the following classifications, which must be staffed each day of the week, are not granted official City holidays as days off with pay:
• Firefighter
• Engineer
• Captain

2. Effective July 1, 2022, in lieu of City holidays, these employees in the classification above shall receive 5% increase in base salary.

3. In the event an employee wishes to observe a city holiday they must submit a request for vacation or CTO time off and receive approval from their supervisor.

4. Effective July 1, 2022, all remaining holiday hours currently on the books shall be converted to vacation hours. In the event an employee’s vacation balance exceeds the vacation cap as a result of holiday conversion they will be allowed to remain over the vacation cap until June 30, 2023. Effective July 1, 2023, any excess vacation above the vacation cap will be cashed out.

G. Holidays (For Non-shift {40 hr per week employees}only)

1. Holidays shall mean those days or hours designated as such by or pursuant to this Agreement, City ordinance or resolution. The holiday is the day as observed by the City. For Standard Work Week employees holidays are recognized as 8 hour days.

Recognized holidays shall include:
(a) New Year's Day Columbus Day
Martin L. King Day Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Day After Thanksgiving
July 4th Christmas Day
Labor Day
(b) 3 2 Floating Holidays

2. In lieu of actual holidays, Shift Employees will accrue 6.5 hours in lieu of holiday hours each pay period. The total in lieu Holiday hours per year will be 169 hours. Holiday hours will be scheduled in the same manner as vacation. Shift Employees are allowed to carry over up to 96 hours of

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11 Holiday hours into the next fiscal year. Hours in excess of 96 will be forfeited.

Holiday Elective cash-out provisions:

Employees may, once each calendar year during the month of December, request payment in lieu of holiday hours as follows:
a. The Employee utilizing this provision submits an irrevocable election by December 31st of the calendar year prior to the calendar year in which the vacation hours to be cashed out are earned; and
b. The requested cash out will coincide with the applicable IRS tax year based upon the check dates; and
c. The actual payment of the requested hours cannot occur until the hours to be cashed out for that calendar year have accrued. Cash-outs for hours accrued in prior years are not allowed; and
d. The requested holiday cash outs will be paid by the last pay check of the calendar year in which the vacation hours are earned.

3. Standard Operating Procedure 109 (SOP 109) shall apply for covering major holidays for which previously no mandatory overtime was assigned.

4. Only regular and probationary Shift Employees in a current and paid status shall be eligible for in lieu holiday hours. An employee who is on an unpaid leave of absence shall not be credited for the holiday hours, unless the employee is on approved and compensated extended medical leave. .

H. Jury Duty Leave
An employee shall be paid their normal salary for each work day or portion thereof; they are required to be on jury duty. Any money received by the employee for jury duty shall be remitted to the City by the employee, less travel expenses.

I. Family and Medical Care Leave

1. A regular full-time employee, with more than one year of continuous service, or who has worked more than 1250 hours during the previous 12 months, may request a Family and Medical Care Leave of absence of up to 12 weeks in any one continuous 12-month period. This leave may be taken for the birth or adoption of a child, to care for a child, spouse or parent who has a serious health condition or for one’s own health condition that makes the employee unable to perform the essential functions of the job. If this leave is granted, upon return, the employee will be reinstated to the same or a comparable position as the position held before the leave unless such a position no longer exists. Available accruals must be used for such leaves. For leaves related to an employee’s own serious health condition, or that of an eligible family member, sick leave will be utilized first, followed by other accrual (holiday, CTO, vacation). If all available accrual is depleted an employee may continue on an unpaid leave until the 12-week maximum leave is taken.

If an employee desires to take an FMLA or CFRA leave not associated with the serious health condition of him or herself, or an eligible family member, sick leave hours accrued may not be used.

2. Whenever possible, the employee must provide at least 30 days written notice that they wish to take this leave of absence. When this is not possible the employee must notify the city, in writing,

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12 as soon as possible. Failure to comply with these notification rules may result in the denial or deferral of the requested leave until the employee complies with the notice provisions.

3. The City will require the certification from the health care provider who is attending to the serious health care condition of the employee, the employee’s child, spouse or parent before allowing the employee to take a leave to take care of that family member. If there is a question concerning this certification, the City reserves the right to require additional certification(s) (without being given a diagnosis) at City expense. Unless otherwise agreed to by the City, any Family and Medical Care Leave must be taken in segments of one full work day (Shift).

4. If the employee is pregnant, she is entitled to pregnancy disability leave and/or Family and Medical Leave in accordance with California and federal law.

5. The cost of the health care coverage while on a Family and Medical Care Leave less any portion of the premium required to be paid by the employee will be paid for by the City for up to 12 weeks.

If the employee does not return from leave, the employee will be responsible for reimbursing the City for the insurance premiums paid on their behalf.

6. While the above provisions will apply to most employees in most circumstances, there are certain exceptions under which the City may refuse to grant a Family Care Leave.

ARTICLE 7 – RETIREMENT
A. CalPERS Pension Definitions
New Member Employees:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California Public Retirement System.
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is not eligible for reciprocity. • A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of greater than six months.

Classic Member Employees:
• A member who was brought into CalPERS membership for the first time before January 1, 2013.
• A member who was brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is eligible for reciprocity. • A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of less than six months.

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13 B. New Member Retirement Benefits
New employees hired on or after January 1, 2013, upon placement in a full-time employment status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between the City and PERS.

C. New Member Retirement Contributions:

The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS annually.

D. Classic Member Retirement Benefits
Employees hired before January 1, 2013 and designated as local public safety members by the City are provided retirement benefits under the California Public Employee's Retirement System Local Safety 3% at 55 formula.

E. Classic Member Retirement Contributions
Classic Member Employees shall pay a total pension contribution of 12%.

F. Supplemental Retirement Benefits

1. The City shall provide a supplemental retirement benefit to each eligible employee covered under the terms of this Agreement who attains normal retirement age. The term "normal retirement age" is the age at which an employee first becomes eligible to receive a disbursement of a retirement benefit under the terms of the employee benefit plan described in section A of this Article. The term "eligible employee" is limited to those employees who leave City employment for the sole reason of retiring under a PERS regular service retirement, disability retirement, or industrial disability retirement provision.

2. For employees with at least ten years of service with the City fire department are eligible for the benefit provided under the terms of this section. They are eligible for a one-time lump sum payment, calculated on the basis of 50% of the straight time value of the retiring employee's accumulated but unused sick leave, up to 520 hours (maximum pay out of 260 hours) on the date that the employee retires from City employment. The reference to sick leave hours in this section is for purposes of calculating the benefit provided under this section only, and shall not operate to "vest" sick leave hours, or otherwise create any entitlement to pay for those sick leave hours for an employee who terminates employment prior to attaining normal retirement age as defined in this sub-part. The straight-time value of the retiring employee's sick leave days shall be computed solely and exclusively on the basis of the non-overtime normal base wage rate paid to the employee, and no overtime premiums, or any other type of premium pay, incentive pay or pay for working out of class or employee benefits or other forms of non-straight time wage compensation shall be used for purposes of calculating the benefits due under this section.

3. Any employee that shows an effective date of retirement into the PERS system within 120 days of separation from employment with the City shall be credited with PERS service credit for all accumulated but unused or uncompensated sick leave.

4. Consistent with the sick leave provisions of this Agreement, any employee whose employment with the City terminates for any reason prior to attaining normal retirement age forfeits all

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14 accumulated but unused sick leave hours, and shall not become entitled or eligible to receive any benefits under the terms of this section even if the employee is subsequently re-employed by the City. Any rehired or reinstated employee shall begin to accrue sick leave hours as if they had never worked for the City previously. The benefit provided in this section shall not arise or vest, until such time as the individual employee applying for the benefit becomes eligible for the benefit as provided in this section and provides written notice to the City Manager of his/her intention to retire from employment with the City. The benefit provided in this section shall not increase the City's obligations with respect to other benefits of employment, including, but not limited to, other retirement benefits, health and welfare benefits, sick leave benefits, disability benefits, or any other form of compensation or fringe benefits of whatsoever kind or nature. Notwithstanding the limitations contained in this section, the City shall pay a supplemental benefit consisting of all unused sick leave to the estate of any employee covered by the MOU who is killed in the line of duty.

G. Retiree Health Insurance Benefit

1. Any employee hired prior to January 1, 2016 retiring from the City under PERS, after twenty-five (25) or more years of City service, is eligible for the following retiree health insurance benefit:
a. The City will pay the statutory administrative fee for PERS coverage. b. The City will pay 50% of the cost for medical insurance for the employee or employee plus 1. Amount will be equal to lowest cost available PERS insurance plan for Nevada County regardless of the plan selected by the employee of the medical plans offered by the City through PERS.

2. To receive this benefit a retiree must provide annual evidence of health insurance coverage to the Human Resources Department.

3. Such benefit will cease upon the retiree receiving group medical insurance coverage from another employer or receiving coverage through Medicare. If a retiree covered under another employer’s group medical insurance loses such coverage, this benefit will start or restart until the retiree is otherwise ineligible.

ARTICLE 8 – SALARY SCHEDULE
A. Salary Ranges for Unit Classifications
The salary ranges for unit classifications shall remain as set forth on the attached schedule, referenced as Appendix A.
• Effective the first full pay period following starting Unit ratification, City Council approval, and execution of the final MOU Juneuly 126, 2022, employee pay rates for all Local 3800 members shall increase by 5%.

B. Certificate and Educational Incentive

1. The City shall offer an Academic Education Incentive program with a maximum cumulative (certificates and degrees) ceiling of 11% of base salary. Only certificates and degrees granted by accredited institutions and are job related, which are above the minimum educational requirement of the employee’s position and enhance the employee’s abilities and contributions will be considered. Educational Incentive pay will not be added to base pay until completion of the probationary period. If an application for this incentive is denied it may be grieved.

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15 2. The eligible degrees and certificates and corresponding incentives are as follows:

Unit 8 members shall be granted 1.25% of base pay for each listed certificate with a maximum of

8.5%.

Approved certificates:
• Chief Officer;
• Confined Space Technician;
• Fire Officer;
• Instructor III;
• Possession of both Fire Investigator I and Inspector I; • Fire Fighter 2;
• Fire Control 3;
• Fire Control 4;
• HazMat Specialist;
• Rapid Intervention Crew Tactics or Firefighter Safety and Survival; • Rescue Systems 1;
• Rescue Systems 2;
• Swift Water Rescue Technician;
• Other certificates could be added by mutual agreement.

Unit 8 members shall be granted 2.5% of base pay for each listed degree with a cumulative maximum of 5%.

Approved Degrees: % of Base Salary
Associate of Arts or Science 2.5%
Bachelor of Arts or 2.5%
Bachelor of Science
Master of Arts or 2.5%
Master of Science

3. Paramedic Incentive
Firefighters and Engineers with a current California paramedic license shall be eligible to receive a paramedic stipend of $600 a month. Captains with a current California paramedic license shall be eligible to receive a paramedic stipend of $250 600 a month when operating as a medic performing ALS skills (when necessary) full time to be eligible for stipend.. There will be a cap of 8 people receiving a paramedic stipend at any one time.

These incentives shall be given as an hourly equivalent.

Parties agree to meet and confer over the details of the ALS program upon request and as

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16 needed throughout the term of the MOU.

4. Deputy Fire Marshal
The Fire Marshal shall receive the hourly equivalent of $600 a month.

5. Expanded Scope EMT Incentive
EMTs who show, at a minimum, proficiency in all expanded scope EMT skills (as defined by SSV) and 12 Lead EKG application shall receive a pay stipend of $50100.00 a month (hourly equivalent).

Proficiency is required within twelve six months from date of hire. Proficiency shall be proven with an SSV-approved testing process. EMTs must demonstrate proficiency annually.

Expanded scope EMT shall be required within twelve months of hire for new employees, and shall be an MQ for career employees twelve months after ratification.

6. Advanced EMT (LALS) – Limited Advanced Life Support
The Advanced EMT shall receive a stipend of $300 a month C. Rules for Use of Salary Schedule

1. In the general schedule of pay ranges established by the City Council each classification within a department has an applicable range consisting of five steps.

2. All appointments from a listing of eligible candidates will enter the probationary periods at the base salary of the range applicable to the job. The Fire Chief may recommend elevation above the entry level step to compensate for education, experience or as a recruitment incentive.

3. All employees shall be eligible for a merit step increase to the next step in pay range every twelve months until the end of his or her pay range. No advance in pay shall be automatic upon completion of the periods of service outlined hereinabove. All increases shall be made on the basis of merit as established by the employee’s service, and after the recommendation of the department head and approval by the City Manager. Increase in pay shall be withheld in cases of inferior work, lack of application, or indifferent attitude. Employees denied a merit increase will be eligible for reconsideration 6 months following their initial review date.

4. Upon recommendation of the Fire Chief and approval of the City Manager, any employee may be given an administrative raise to the next step in range, but not more than one in eighteen (18) months. The administrative raise is not a right, but may be given for outstanding services. A 2- 1/2% administrative raise may be given above the five-step range schedule.

5. An employee promoted from a Fire Department promotional list shall move to the closest salary step in the new class that gives a minimum of a 5% increase over base pay, not to exceed the top of the pay range, as recommended by the Fire Chief to the City Manager. The date of the promotion will establish a new anniversary date for the employee’s future performance evaluations. Should a promotion occur concurrently with the employee’s evaluation, and the employee is eligible for a merit increase, the merit increase is to be included in the base salary before promotion.

6. Employees transferred from one department to another in the same classification will continue to receive the same salary and will have no change in their anniversary date and would not be subject to a probationary period.

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17 7. Allocation to a class with Lower Salary Range (Voluntary Demotion or Reclassification): If the salary range of the new class to which an employee’s position is allocated has a maximum lower than that of his/her current class, but not lower than his/her actual salary, he/she should continue to receive his/her present salary until his/her next anniversary date, which remains unchanged, at which time he/she would be eligible to move by a merit increase in the proposed range. If the top of the new range is lower than the current salary, then the salary will be reduced to an amount not to exceed the top of the new range effective the next full pay period one year from the re-allocation date.

8. An employee reassigned by management to a position in a lower classification (demotion) will move to the closest salary step in the new class that provides a minimum 5% decrease in base pay.

The anniversary date for future evaluations will be the date of the demotion.

9. A reclassification may result if the job, responsibilities, duties, requirements, skills change to a degree that the position needs to be placed in a new classification. If the reclassification impacts only the incumbent employee and the employee is qualified for the position, they will be placed in the position. If more than one employee is impacted and each is qualified, an internal review of the employees will be completed to select the best qualified person for the position. A reclassification will result in the elimination of the old position if it is a single person position and be replaced with the new position, as by the very process the position has fundamentally changed.

If the position is used by other departments the position being reclassified will be eliminated from the department impacted. A reclassification is not a promotion and does not carry with it an automatic pay increase. If the employee’s salary is currently below the minimum of the new range, the employee’s salary will be increased to meet the minimum rate of the new range. A reclassification will not change the employee’s annual evaluation date. The employee will be able to move through the new pay range based on the normal evaluation and merit process.

D. Acting Pay
The City recognizes the operational and career development value of assigning qualified employees to act in higher ranks. In the absence of employees assigned to higher ranks, and in accordance with policy set forth by the fire chief, a qualified employee may move into the position in an acting capacity. Employees electing to serve in acting assignments will be subject to the following:

1. Qualified employees may serve in an acting capacity in the battalion chief, captain and engineer positions. In the event that a qualified acting battalion chief does not exist or is not available, a NCCFD battalion chief may be assigned the duty.

2. To qualify to serve in an acting capacity, an employee must have achieved a passing score on the last promotional or open/promotional testing process the City has offered for the acting position.

3. The job responsibilities of the employee serving in an acting capacity shall be based upon those described in the current position duty statement for the position. Those responsibilities may be modified by the fire chief.

4. Employees meeting the minimum requirements for working in an acting capacity shall be paid a five percent (5%) pay differential for work done in the acting capacity.

5. Individuals performing acting duties must serve in such assignment for at least twelve (12) hours to qualify for acting pay. If such assignment continues past twelve hours, the differential will be paid for all hours worked on that assignment.

6. Qualified actors may be used for station coverage and/or strike team assignments.

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18 7. Payments to employees for acting assignments will be made each pay period.

8. Employees may be removed from the list of eligible employees for acting purposes for cause.

E. Specialist Classifications
• Parties agree to continue to meet during next round of negotiations regarding classification duties. • City proposes establishment of Specialist level for classifications. Differential of 2.5% +/- ARTICLE 9 - HEALTH AND WELFARE
A. Insurance Benefits
During the term of this agreement the City will make available medical, dental, and vision insurance benefits to the employee and their dependents:

1. The City will pay a monthly set rate for health insurance (Medical, Vision, and Dental) based on the employee’s medical coverage selection as follows:
a. For Employee only - $814.00;
b. For Employee plus 1 dependent- $1,622.00;
c. For Employee plus 2 or more dependents- $2,130.00.
2 Employees electing to waive medical insurance coverage will receive a payment of $305 per month (a rebate) if evidence of similar or better coverage from another source is provided.

Employee may use this rebate to pay for elected dental and vision coverage.

3. All benefits shall be subject to the standard provisions set forth in the policy or policies, or P.E.R.S. regulations.

4. Disputes concerning the hospital/medical, vision and life insurance provided pursuant to this agreement, but not limited to, questions as to the scope of benefits or disability coverage, eligibility, and premium rate shall not be subject to the Grievance Procedure.

5. Subject to provisions of this MOU and policies of the insurance carrier, retirees and their dependents may, at their own expense, continue coverage under the City’s program, which may extend beyond the COBRA period.

6. The City will provide term life insurance coverage in the amount of $50,000.00 for each employee, $5,000.00 for the employee's spouse, and $1,500.00 for other eligible dependents.

7. Income Protection Insurance - The City shall provide without cost to the employee an Income Protection Insurance Program as currently provided by the California Association of Professional Firefighters. Conditions of coverage shall be controlled by the master agreement with the associated insurance company.

8. So long as it is available on a bargaining unit-wide basis only, and solely at employee expense, the City of Grass Valley agrees to take the necessary steps to enroll the employees in the bargaining unit in the State of California State Disability Insurance (SDI) Program. It is understood and agreed that any such program will be on an integrated basis (with sick leave or other accruals, as appropriate) and funded by employee payroll deductions, there shall be no employer contribution. If a less expensive optional program becomes available, the City and the Association will meet to allow the change for the employee group. The City will continue existing disability insurance until such time as employees become fully eligible for SDI benefit, not to exceed June 20, 2022.

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19 ARTICLE 10 - SCHEDULING OF SHIFTS
A. Authorized Personnel

1. Shift assignments will be in effect for 12 months unless an emergency warrants a change. The shift assignments will not be changed during the year unless requested by the employee or employer and only after a meeting has been held between the affected employee(s) and the Chief or his designee. Emergencies include, but are not limited to the necessity to staff for unplanned employee events that require a change for proper coverage. All emergencies will be handled as the situation requires. Changes that occur as a result of the meeting between the Chief or his designee and the affected employee(s), shall not take effect for at least fourteen (14) calendar days following notice to the employee(s), unless an earlier date is mutually agreed to by all parties.

2. The Fire Chief or his designee or under the direction of the City Council may assign one hundred (100) percent of the total number of employees of the Fire Department to work overlapping shifts in cases of emergencies as determined by the City Council.

3. For the term of this agreement the Chief or designee may temporarily change or alter shifts for the purpose of providing relief coverage on alternate shifts. These shift changes may occur where staffing will fall below minimum levels as a result of planned or non-emergency absences of other employees. It is preferred by the City that Employees use hours earned because of working a flexed or alternate shift within the 28-day work period in which they were earned which are considered straight time hours. It is recognized that the use of flex time earned within the same work period is not always achievable or desirable and employees will be granted comp time for time worked and not taken during the 28-day work period. Flexibility in scheduling will be done in accordance with departmental standard operating procedures.

4. For the term of this MOU City of Grass Valley firefighters will be assigned regular shifts to City fire stations.

5. All available shifts will first be offered to Unit 8 employees before filling vacancies with temporary assistance or employees from other agencies.

ARTICLE 11 - PROMOTIONAL OPPORTUNITIES
Promotional examinations will follow the current Civil Service Rules. The Fire Chief will determine if there are sufficient qualified employees for an internal department list, generally consisting of at least 3 qualified personnel. If there is a need to create an open list, existing Unit 8 members will receive 3 career points after successful completion of the examination process.

ARTICLE 12 - UNIFORMS
Employees shall receive a uniform allowance of $1,200.00. The allowance will be paid twice each year, with one half in July and one half in January. Payment will be made with first full pay period of the month and be made as part of the normal pay check. The allowance will be prorated for each full month of employment for new employees. Employees leaving city employment are not entitled to any proration of uniform pay.

A. Care of Uniform
a. New hires will purchase a Class A uniform within two (2) years of hire.

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20 b. All uniforms will be kept in a clean and well-maintained condition.

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

ARTICLE 13 - REDUCTION IN FORCE AND RE-EMPLOYMENT
A. In Lieu of Layoff

1. In lieu of layoff, the City may pursue consideration of a furlough or reduction of hours on a department basis as follows:

2. City Council makes a finding that for reason of lack of work or lack of funds that a reduction in personnel is needed.

3. Department Head consults with Employees to explore alternatives. i. Voluntary furloughs/hours reduction sought first.
ii. Involuntary furloughs or reductions in hours may be imposed on a standard basis by class within the department, not to exceed 48 hours (2 shifts) per fiscal year.

Should the City desire to utilize more than 48 hours of involuntary furlough time in a fiscal year, The Grass Valley Fire Department employees will be consulted and shall have the option of agreeing to permit the City to utilize up to an additional twenty-four (24) hours of involuntary leave for a total of 72 hours or refusing such request. If the request is refused the City shall have the option of reducing the force through layoffs.
iii. For employees working 8-hour shifts, involuntary furlough time may not exceed 80 hours per fiscal year. If additional time is desired the City may request an additional 40 hours of time for a total of 120 hours. If the request for additional hours is refused the City shall have the option of reducing the force through layoffs. iv. In lieu of taking actual furlough time employees may elect to pay a higher portion of city provided benefits (i.e. health insurance) in an amount equal to the total savings that that would have been realized by the furlough time. Equivalent paid time may be taken off. Provided the savings are achieved within the same time period (fiscal year) as the assignment of furloughs.
v. If any of the options above (except iv) are chosen and include furloughs of employees, no impact to benefits shall occur. Insurance will still be paid by the extent agreed to in this MOU. Leave accruals will continue at the full-time rates and will not be prorated for furlough day(s). Retirement contributions and related benefits shall be maintained as if no reduction in time had occurred and full year PERS service credit will be retained, unless precluded by PERS.4. Upon reduction in force, permanent employees appointed to jobs with a lower pay range shall be given the next step up in the range lower than the range from which he/she

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21 was reduced. (i.e.: If employee is Range 2, Step C, upon appointment to lower pay range due to reduction in force, employee would be Range 1, Step D).

B. Treatment of the Employees Laid Off

1. When the Fire Chief is instructed by the City Council to reduce the number of employees in the classified service within his/her department, lay-off shall be made in accordance with the following rules:
a. Employees to be laid off shall be given a leave of absence without pay until the position is re-established whereupon such employee shall be given ten (10) days' notice to accept reemployment. b. The names of each employee laid off shall be entered on the "re-employment list" established by the Personnel Commission and notification as provided in the commission rules shall be required. Within ten (10) days, a certificate by a qualified physician or surgeon selected by the commission, may be required certifying as to his/her physical fitness to perform the service involved.

2. The first person laid off from a department, within a class shall be the one with the least length of service within the class and grade since original permanent employment. The person so laid off shall thereupon be restored to a position in a class in the same department in which he/she formerly held a regular position in which:
a. The employee displaced shall be considered laid off for the same reason as the person who displaces him/her and shall likewise be restored as provided herein, in a class in which an unfilled position exists, or,
b. There is then employed a person with less total length of service since original appointment. The person with the least length of service shall be displaced by the employee laid off from the higher class.

3. Should an employee have rights for displacement in more than one previous classification, he/she shall displace first in the highest classification to which he/she is eligible.

4. In accordance with the City Charter, whenever a position in any class is to be filled, unless filled by a reduction of rank as provided above, it shall be filled in the following order:
a. From the re-employment list for that class;
b. From the promotional register of eligibles for that class; c. From the appropriate competitive register of eligibles.

5. When employment is from the re-employment list, one name shall be certified for each vacancy to be filled and in the order of greatest length of service in that and higher classes since regular appointment.

C. Seniority

1. Seniority ratings in any department shall be based on the time in a classified position in the City of Grass Valley Fire Department, including periods of approved leaves of absence.

2. Credit allowable by the Personnel Commission for length of service shall be calculated on the basis of the years of continuous employment including approved leaves of absence dating from the first day of such continuous employment in any department or departments of the City of Grass Valley as a classified employee.

3. Credits allowable by the Personnel Commission for examination based on the length of service shall be deemed to include periods of time granted under approved leaves of absence.

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22 ARTICLE 15 - DISCIPLINARY ACTION
A. Principle
1 Every Firefighter and employee shall retain his/her employment so long as it exists under the same or a different title, during good behavior, and shall not be suspended, fined, demoted, removed, or otherwise penalized, except as provided in the below paragraphs.

2. This article is subject, however, to every provision of the Constitution and applicable state statutes designated as a general ground of forfeiture of office, or employment or imposing a criminal liability.

B. Disciplinary Process

1. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of City policies. The disciplinary process outlined below has been established to provide general guidelines for a fair method for disciplining employees. Performance appraisals and non-punitive constructive disciplinary actions which are designed to assist an employee to improve his/her performance are excluded from the procedural rights specified in this Section.

2. Discipline may be initiated for various reasons, including, but not limited to violations of City and/or Department work rules, insubordination or poor job performance. The severity of the disciplinary action depends on the nature of the offense and an employee’s record, and may range from verbal counseling to immediate dismissal.

3. The normal progressive discipline procedure steps consist of the following, which will be administered in compliance with the Firefighters Bill of Rights.

C. Informal Actions

1. Verbal Counseling: An opportunity to communicate in a non-punitive fashion that a problem is perceived and that the supervisor is available to help solve it. This action cannot be appealed.

2. Documented Counseling: A written record of performance issue accompanied by a written performance improvement plan including timeframes. A copy of this counseling is given to the employee and one copy is filed in the supervisor’s working file until the employee’s next performance evaluation, where such counseling may be noted and then removed from the supervisor’s file and destroyed.

3. Letter of Warning: Informal action generally used after counseling has failed. Letter to document performance failures and advise employee that if situation continues, a formal action will follow.

D. Formal Disciplinary Actions

1. Written Reprimand: A written communication to the employee that an offense has been committed. This action can be discussed with the Fire Chief if so requested by employee. The Chief may uphold or modify the reprimand. A copy of this reprimand is given to the employee and one copy is filed in the employee’s personnel file.

2. Suspension Without Pay, Demotion, or Reduction in Pay: These are serious disciplinary actions and are subject to the Skelly procedures below.

3. Dismissal for Cause: The final step in the progressive disciplinary process. Only the City Manager may dismiss any employee covered by this MOU.

E. Administration of Discipline

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23 1. Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary. The severity of the action depends on the nature of the offense and an employee’s record, and may range from verbal counseling to immediate dismissal.

2. An employee serving an initial probationary period may be discharged without application of the disciplinary process and with no rights of appeal.

F. Skelly Process

1. All formal disciplinary actions will be covered under this section when requested by the employee.

2. The employee shall be provided notice of the proposed discipline.

3. Within fourteen (14) calendar days of the notice of proposed discipline, the employee or his/her representative may file a request for Skelly meeting.

4. The Skelly Officer shall schedule a pre-disciplinary response meeting with the employee and his/her representative, if any, within fourteen (14) calendar days of the receipt of the request for meeting.

5. The Skelly Officer shall conduct the meeting and shall render a decision upholding, modifying, or overturning the proposed action, within fourteen (14) calendar days of the date of the Skelly meeting.

G. Appeal Process

1. Once a decision has been reached by the Skelly Officer that discipline is appropriate, the discipline will be imposed.

2. Appeal to the Personnel Commission: Any regular employee who has completed their initial probationary period shall have the right to appeal the decision of the Skelly Officer by following the appeal process outlined in the Civil Service Rules and Regulations. There is no cost to the employee for an appeal to the Personnel Commission, other than the cost of a copy of the transcript or other recording of the proceedings, pursuant to Section 11.6 of the Civil Service Rules and Regulations.

3. Alternative Appeal to Advisory Arbitration: As an alternative appeal procedure to that set forth in section G.2 above, any regular employee who has completed their initial probationary period may elect to appeal the decision of the Skelly Officer to advisory arbitration, pursuant to the following procedure:

A. The appeal request must be made in writing to the City Manager within 15 days of the decision of the Skelly Officer;
B. Within 7 calendar days of receipt of the appeal request, the parties shall select an arbitrator, either by mutual agreement, or if unable to agree, by submitting a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. i. The parties shall take turns striking names from the list, beginning with the party who wins a coin toss, until one remains.
ii. Because appeal to advisory arbitration is an employee-elected alternative procedure to an appeal to the Personnel Commission, each party shall pay 50% of the cost of arbitration, which may include a court reporter appearance fee. Should a transcript be desired, each party shall pay for the cost of its own copy of the transcript.

Each party shall bear their own attorney’s fees.

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24 iv. The arbitrator’s decision shall be mailed to both parties, with the City’s copy mailed to the City Clerk. The arbitrator’s decision is advisory to the City Council. The City Council shall, within 30 days of the City Clerk’s receipt of the arbitrator’s decision, convene a hearing in closed session to review the arbitrator’s decision. The City Council may approve, modify or reject the arbitrator’s decision. The decision of the City Council is final.

4. Nothing herein shall restrict the right to make bona fide reduction in force or enact legislation requiring retirement for disability or age.

5. Discipline once imposed is only subject to this appeals process under Article 15 and is not grievable.

ARTICLE 16 – GRIEVANCE PROCEDURE
A. Definition
Grievance - A grievance is any dispute concerning the interpretation or application of this Agreement, or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City rights' decision on wages, hours and other terms and conditions of employment.

B. Process
Grievances shall be processed in accordance with procedures established by the City.

C. Procedures

1. All grievances shall be processed only in accordance with the procedures and general conditions set forth below

2. It is the intent of these procedures to encourage resolution of grievances informally, at the nearest practical organizational level from which it emanates, and as promptly and fairly as possible to all concerned.

D. Informal Grievance

1. Within fourteen (14) calendar days (2 two-week tours) following an occurrence giving rise to a grievance, the employee shall orally present the grievance situation to his/her immediate supervisor. (Exception: where the grievance directly involves the working relationship with the supervisor, the grievance shall be presented to the next higher level of supervision). The employee and supervisor have a mutual responsibility to have the grievance resolved at their level whenever possible.

2. Presentation of an informal grievance shall be necessary prior to processing it further as a formal grievance.

E. Formal Grievance
A formal grievance shall only be initiated by completing the grievance form provided by the City Manager's Office.

Step 1

1. If a mutually satisfactory solution of the grievance was not resolved informally, the employee may

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25 file a written grievance with his/her department head (or designated representative) within fourteen (14) calendar days after the last meeting between the employee and supervisor. Within (14) calendar days after the formal grievance is received, the Fire Chief shall investigate the facts and issues at the earliest date consistent with the nature of the grievance and the normal conduct of the department's business. Within five (5) working days after concluding the investigation, the Fire Chief shall render a decision in writing to the employee.

2. Unless a decision of the Fire Chief is appealed by the employee to Step Two, in the time limits provided, the grievance shall be deemed resolved, final and binding.

Step 2

1. If the employee is not satisfied that the grievance has been resolved in Step One, he/she may, within (14) fourteen calendar days after the receipt of decision, request in writing that the City Manager consider the grievance and decision as rendered by the Fire Chief. Within fourteen (14) calendar days after the grievance is received, the City Manager (or designated representative) shall review the facts, issues and make such further investigation as is necessary at the earliest date consistent with the nature of the grievance and normal conduct of City business. Within fourteen (14) calendar days after concluding the review, the City Manager shall render a decision in writing to the employee and Fire Chief.

2. Unless the decision of the City Manager is appealed by the employee to Step Three, in the time provided, the grievance shall be deemed resolved, final and binding.

Step 3

1. If the employee is not satisfied that the grievance has been resolved in Step 2, he/she may, within fourteen (14) calendar days after the City Manager 's decision is rendered, request in writing to the City Manager, that the City Council consider the grievance and decision rendered by the City Manager. Within fifteen (15) working days after the grievance is received, the City Council shall designate a sub-committee which shall commence conducting the review. The City Council subcommittee shall determine the best means to conduct the review of the facts, issues and such further investigation as is necessary at the earliest date consistent with the nature of the grievance and normal conduct of City business. Within fourteen (14) calendar days after concluding the review, the City Council sub-committee shall render a decision in writing to the employee, City Manager and Fire Chief.

2. As an alternative procedure to that set forth in Step 3, paragraph 1 above, the employee or the Union may elect to submit the grievance to advisory arbitration pursuant to the following procedure:

A. The request to proceed to advisory arbitration must be made in writing to the City Manager within 14 calendar days of the decision of the City Manager; B. Within 7 calendar days of receipt of the request, the parties shall select an arbitrator, either by mutual agreement, or if unable to agree, by submitting a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. i. The parties shall take turns striking names from the list, beginning with the party who wins a coin toss, until one remains.
ii. Because submittal of the grievance to advisory arbitration is an employee or Union-elected alternative procedure to resolution by the City Council under Step 3, paragraph 1, each party shall pay 50% of the cost of arbitration, which may include a court reporter

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26 appearance fee. Should a transcript be desired, each party shall pay for the cost of its own copy of the transcript. Each party shall bear their own attorney’s fees. iii. The arbitrator’s decision is advisory to the City Council. The City Council may appoint a City Council sub-committee which shall review the written decision of the arbitrator and the record and issue a written decision within 30 days of receipt of the written arbitrator’s decision. The City Council or its sub-committee may approve, modify or reject the arbitrator’s decision.

3. The decision rendered by the City Council or its sub-committee shall be final and binding on all parties.

F. General Conditions

1. Review and determination of a grievance is applicable to certain interpretations and applications as set forth under Definitions and, as such, cannot change any City adopted salary schedules/ranges or such other benefits subject to the meet and confer process. Oral or written evaluations or other corrective directives and merit step determinations, for example, are not grievable matters.

2. Grievances may be made only on behalf of an employee who has successfully completed a required probationary period and attained permanent status.

3. An employee may choose to represent himself/herself or select a representative of his/her choice.

The employee shall be personally present at any meeting which may be held, unless he/she specifically waives that right in writing.

4. In the event that more than one employee is directly involved in a grievance, they shall select one (1) person from among them to carry the grievance forward on their behalf. This person may also select a representative of his/her choice. The employee shall be present at any meetings which may be held, unless he/she specifically waives that right in writing.

5. Any time limit of these procedures may be extended by mutual consent of the parties in writing or by action of the Mayor in writing to all parties.

6. During the grievance process, there shall be no interruption of scheduled work of a department or the City.

7. The time frames provided for may be modified by mutual agreement between the parties.

ARTICLE 17 – SAFETY
A. Safe Conditions, Equipment and Duties

1. The City and its employees agree to maintain a safe and healthful place of work and to maintain safety as well as sanitary conditions in accordance with all applicable state laws. Unsafe working conditions or hazardous jobs which jeopardize the health and safety of the employees shall be directed to the attention of the City. The City shall investigate the complaint and make any and all corrective measures as deemed necessary by the City. Local 3800 shall cooperate fully in carrying out safe practices and in using safety devices provided by the City.

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27 2. The City shall provide all needed and/or necessary safety equipment for the employee(s) to perform the normal tasks of their respective classification(s). These devices and equipment shall be customary safety appliances to safeguard the employees against danger to health, life and limb.

The City will make available to the employees updated training programs on safety matters and issues as it deems necessary.

3. Employees agree that the duties and tasks performed by them shall be performed in a safe and healthful manner.

B. Safety Equipment
The City may make such protective clothing or other protective equipment available to employees as the Fire Chief deems appropriate under the circumstances. Any employee issued such protective clothing or other protective device is responsible for the proper care of these items. Leather turn out boots and leather helmets have been approved for use by employees and will be provided as protective safety equipment.

C. Employee Alertness

1. The most effective safety equipment an employee possesses is an alert mind. Conversely, an employee whose judgment, reactions and analytical processes are impaired or influenced by alcohol or drugs poses a risk to himself, his fellow officers and employees, and to the public. The City, therefore, expressly retains the right as explained in this Article to verify that employees and officers covered by this Agreement are alert and are not under the influence of alcohol, controlled substances, drugs, or other conditions which would tend to affect or impair judgment, reactions or thought processes.

2. The parties recognize the problems associated with alcohol and drug abuse in the work place and recognize the safety hazard which would be presented if a unit employee worked while under the influence of alcohol, intoxicating drugs or controlled substances. The parties further agree that a testing procedure with both privacy and accuracy safeguards is one appropriate means to protect the safety of employees in the unit. The parties to the Agreement, therefore, wish to evidence their agreement to the concept of accurate drug and alcohol testing implemented with adequate safeguards to preserve employee’s privacy and prevent abuse, as per attached drug and alcohol policy and ”Chain of Custody” policy.

D. Drug, Alcohol and Substance Abuse Policy

1. The City reserves the right, for reasonable suspicion, to require an employee to submit to drug, alcohol or substance abuse testing.

2. "Reasonable suspicion" for purposes of this Article includes, but is not limited to the following:
a. A critical incident has occurred while on duty for the City or at the employee's work location.
i. An accident involving a City vehicle or equipment causing damage to property or persons, in combination with any factors in (b) below.
ii. Employee manifests mental or physical impairment sufficient to raise doubt that normal tasks can be safely or effectively performed.
iii. Employee is observed with illegal drug or drug paraphernalia in possession for possible sale or use; employee is observed with open container of alcohol in work area or vehicle.
b. Documented objective facts and a reasonable inference drawn from those facts that an employee is under the influence of drugs, alcohol or substance. Such objective facts may

Item # 9.
28 include characteristics of the employee's appearance, behavior, mannerisms, speech, or body odors. Components of such documentation should include:

1. equilibrium,

2. manner of speech,

3. mental reactions,

4. odor of intoxicants on breath or clothing,

5. eyes,

6. general appearance,

7. physical actions, and

8. work behaviors.

E. Employee Assistance Program
City shall maintain an Employee Assistance Program (EAP). Such program shall endeavor to provide counseling services for personal and family member problems related to marital/family, relationship problems, alcohol or drug abuse, stress related problems, depression, and other types of psychological problems, for employees in need of such referral and intervention. The City shall develop a policy guideline for EAP Programs.

ARTICLE 18 - NO STRIKE/NO LOCKOUT
It is agreed by the Local 3800 and the City that there shall be no strikes and no lockouts, or other deliberate actions impacting the ability of the City to provide fire related services during the term of this Agreement.

ARTICLE 19 – DISTRIBUTION OF MOU
The City shall provide copies of this agreement to new employees covered by the agreement.

ARTICLE 20 - EFFECT OF THIS AGREEMENT

1. It is understood and agreed that the specific and express provisions contained in this Agreement shall prevail over employer practice and procedures and over all applicable laws to the extent permitted by law.

2. This written Agreement sets forth the full and complete agreement between the parties concerning the subject matter hereof and supersedes all prior informal or formal agreements thereon. There are no valid or binding representations, inducements, promises, or agreements, oral or otherwise, between the parties that are not embodied herein. No member rights are created other than as expressly stated in this Agreement for the term stated herein. The parties are aware of the holding in the case of Retired Employees Association of Orange County, Inc. v. County of Orange, California Supreme Court Case No. S184059, 2011 WL5829598 (Nov. 21, 2011) and hereby state that no implied terms are intended, or may any benefit, implementation practice or past practice not expressly stated within this Agreement, any other policy, ordinance, resolution, side letter or other statement agreed to by the parties, create a right or expectation in any member of the continuation of such implementation practice or past practice.

3. In absence of specific provisions in this Agreement, City policies and procedures are discretionary.

ARTICLE 21 – NOTICE
Whenever provision is made in this Agreement for the giving, service, or delivery of any notice, statement, or other instrument, the same shall have been deemed as delivered, duly served or given upon personal

Item # 9.
29 delivery or upon mailing the same by United States registered or certified mail, proof of service, to the party entitled thereto at the address set forth below:

Employer Nevada County Professional Firefighters, L3800:

City Manager Unit No. 8 Representative
City of Grass Valley P.O. Box 2012
125 E. Main Street Grass Valley, CA 95945
Grass Valley, CA 95945
ARTICLE 22 - SEVERABILITY SAVINGS CLAUSE

1. If, during the life of this Agreement, any law or any order issued by a court or other tribunal of competent jurisdiction shall render invalid or restrain compliance with or enforcement of any provision of this Document, such provision shall be inoperative so long as such law or order shall remain in effect, but all other provisions of this Document shall not be affected thereby and shall continue in full force and effect.

2. In the event of suspension or invalidation of any article or section of this Agreement, the parties mutually agree to meet and negotiate within ninety (90) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section.

ARTICLE 23 – TERM OF MOU

1. Upon the approval of the City Council and ratification by the Local 3800 the terms of this Agreement shall be effective and in full force through June 30, 20222023.

2. This Agreement may be extended, modified, or amended; provided, that either party notify the other within one-hundred-twenty (120) days prior to the expiration date of this Agreement of its desires, and both parties mutually agree in writing to, and the City Council approves the extension, modification or amendment. The terms of this agreement shall remain in full force and effect during the pendency of labor negotiations subject to the limitations of the Meyers Milias Brown Act.

RECOMMENDATION OF REPRESENTATIVES
The City and representatives of the Employees for the Unit held meetings and discussed the above, and representatives of the Employees have caused this Document to be signed and the representative of the City has caused this Document to be signed to signify their mutual recommendation for approval by the City Council as follows:

Item # 9.
30 CITY OF GRASS VALLEY NEVADA COUNTY PROFESSIONAL

FIREFIGHTERS
_______________________________ _______________________________ TIM KISER, CITY MANAGER DILLON COWARD, UNIT 8

REPRESENTATIVE
_______________________________
CLAYTON THOMAS, LOCAL 3800

PRESIDENT

Item # 9.
31 APPROVAL OF AGREEMENT
Approval and adoption of this Agreement is made this 28 day of June 2021 2022 by the Grass Valley City Council.
___________________________________

BEN AGUILAR, MAYOR
ATTEST:
___________________________________

TAYLOR DAY, CITY CLERK
APPROVED AS TO FORM:
___________________________________

MICHAEL COLANTUONO, CITY ATTORNEY

Item # 9.
32 ATTACHMENT A – SALARY SCHEDULE AND CLASSIFICATIONS

Item # 9.
33 APPENDIX B - PROCEDURE TO MONITOR CHAIN OF CUSTODY
Upon implementation of its drug/alcohol-testing program, the City of Grass Valley should enter a contractual agreement with a NIDA certified physician service, hospital, and/or laboratory.

Inter alia, the contractee should design a chain of custody procedure, a copy of which should be provided by the City to the Bargaining Unit. Items to be addressed include:

A Who will coordinate the urinalysis program? This question really has two parts: What department will be responsible for the program, and who will collect the sample? B. How will sample tampering be prevented?
C. Chain of custody samples: Starting at the time of collection, a sample's chain of custody must be documented and protected. Chain of custody is a legal term that refers to the ability to trace the sample from the time it was donated by the employee or applicant through all the steps in the process: from collection, through analysis, to reporting the result.

1. Were the specimen and the reported result correctly matched?

2. It will be further required that each time the sample changes hands or is moved from one place to another, it is signed and kept in a secure area to insure against inadvertent or intentional switching with another sample.

3. The elements of a good chain of custody procedure include the following:

The employee should be supervised while delivering the specimen.

The specimen container/s, preferably tamper-proof, should be banded directly to the person supervising the collection and labeled and sealed immediately. (The sample should be split, with one container held in reserve for possible re-testing).

The collector and the donor should initial the bottle to indicate that both agree that the bottle contains the person's urine specimen.

The name of each person who has access to the specimen should be noted on a form accompanying the specimen.

The sample should be kept in a secure place such as a locked room or refrigerator until it is either tested or sent to the laboratory.

APPENDIX B - PROCEDURE TO MONITOR CHAIN OF CUSTODY (continued) Testing performed at the workplace should be done in a secure location to avoid the

Item # 9.
34 possibility of a passerby exchanging samples.

The sample must be transported to an outside laboratory. It should be mailed in a sealed container. U.S. Mail, or a commercial postal service or courier are all acceptable means for transporting specimens.

The specimen must be in the same condition when offered as evidence as it was when taken, unless the change is for a justified purpose such as an alteration required for the testing procedure.

D. Further items to be addressed concern the documentation procedures and consequences when an employee:

1. Refuses to submit a specimen; or

2. Alleges that he/she cannot provide a specimen.

E. Maintenance of confidentiality by facility and employer:

1. If the medical department does the testing and the results become part of the medical file, that file is protected under law.

2. Stringent confidentiality is required by all departments of the City. Unless there is justifiable reason to know the test results, the information should be confidential.

Item # 9.
35

Item # 9.
36

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Grass Valley Police Officer’s Association – July 1, 2021 – June 30, 2023 Recommendation: Adopt Resolution No. 2022 - 57 approving the Labor Memorandum of Understanding for a one-year period beginning July 1, 2022 through June 30, 2023 between the City of Grass Valley and City of Grass Valley and the Grass Valley Police Officer’s Association (Unit 6).

Prepared by: Andy Heath, Administrative Services Director Council Meeting Date: 06/28/2022 Date Prepared: 06/20/22 Agenda: Consent
Background Information:

Over the course of the last month, the City’s labor negotiations team has been meeting with representatives of Grass Valley Police Officer’s Association (“GVPOA”) (“Unit 6”) to come to an agreement on terms and conditions for an updated Memorandum of Understanding (“MOU”) effective July 1, 2022. The City’s labor team and Unit 6 have concluded the negotiations process; and Unit 6 has duly ratified the updated provisions to the MOU which are now being recommended for City Council approval.

Updated provisions to the MOU and annual estimated fiscal impacts include the following:

MOU Provision Estimated Annual
Incremental Cost

1. Term of Agreement – July 1, 2021 – June 30, 2023
(Note: the effective date will be June 26, 2022, the
first day of a new pay period) – 5% COLA and
budgetary cost-neutral impact of conversion of
Holidays to base salary (6.65%).
$111,290 (General Fund)
$48,910 (Measure E Fund)
Council Goals/Objectives:

The approval of an updated labor MOU between the City and Unit 6 executes portions of work tasks towards achieving / maintaining (1) a Productive and Efficient Workforce, and (2) Community Safety.

Item # 10.

Fiscal Impact:

The estimated incremental annual costs of $160,200 effective for the beginning of the FY2022/23 has been included in the recommended budget for FY2022/23.

Funds Available: Yes Account #: General Fund
Measure E Fund
Reviewed by: Tim Kiser, City Manager ______
Attachments:
 Resolution No. 2022-57 - Approval of Unit 6 Memorandum of Understanding  Memorandum of Understanding – Unit 6

Item # 10.

RESOLUTION NO. 2022-57

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

ADOPTING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH
THE GRASS VALLEY POLICE OFFICERS ASSOCIATION (UNIT #6) FOR THE PERIOD JULY 1, 2022 – JUNE 30, 2023 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the labor negotiations team appointed to represent the City Council of the City of Grass Valley and representatives of the Grass Valley Police Officer’s Association (Unit #6) have engaged in negotiations to update the labor Memorandum of Understanding (“MOU”) between the City and Unit 6; and
WHEREAS, the parties came to an agreement which incorporates updates to the attached updated MOU;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:

1. The above recitals are true and correct and are a substantive part of this Resolution.

2. The City Council of the City of Grass Valley approves the updated Memorandum of Understanding for the Grass Valley Police Officer’s Association (Unit #6) for the period of July 1, 2022 through June 30, 2023 and authorizes the City Manager to execute said agreement.

PASSED AND ADOPTED as a Resolution of the City Council of Grass Valley at a meeting thereof held on the 28
th day of June 2022 by the following vote:

AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAINING: Councilmember
_____________________________
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Taylor Day, Deputy City Clerk Michael Colantuono, City Attorney

Item # 10.

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF GRASS VALLEY CITY COUNCIL
AND
THE GRASS VALLEY POLICE OFFICERS’ ASSOCIATION

FOR AND ON BEHALF OF

THE EMPLOYMENT CLASSIFICATIONS IN THE
CITY’S UNIT #6

POLICE SERGEANT/POLICE OFFICER/POLICE OFFICER TRAINEE
Effective July 1, 2021 2022 – June 30, 20222023

Item # 10.
ii

TABLE OF CONTENTS

ARTICLE PAGE
ARTICLE 1 - RECOGNITION ................................................................................................ 1 ARTICLE 2 - SUPPORT OF AGREEMENT......................................................................... 1 ARTICLE 3 - ASSOCIATION RIGHTS AND DUES DEDUCTIONS ............................... 1 ARTICLE 4 - PROCEDURAL PREROGATIVES ................................................................ 4 ARTICLE 5 - HOURS OF WORK AND BASIS OF COMPENSATION ........................... 4 Pay Periods....................................................................................................................... 5 Work Periods ................................................................................................................... 5 Calculation of Compensation ........................................................................................... 5 Work Shift ........................................................................................................................ 5 ARTICLE 6 - OVERTIME; CALLBACK; STANDBY; COURT TIME;
SPECIALTY PAY ..................................................................................................................... 5 Overtime .......................................................................................................................... 6 Policy ............................................................................................................................... 6 Defined ............................................................................................................................. 6 Authorization of Overtime Work ..................................................................................... 6 Reporting Overtime ......................................................................................................... 6 Fringe Benefits Not Affected by Overtime ...................................................................... 6 Compensation for Overtime ............................................................................................. 6 Callback Time .................................................................................................................. 6 On Call Pay ...................................................................................................................... 6 Standby Time ................................................................................................................... 7 Court Time ....................................................................................................................... 7 Specialty Pay .................................................................................................................... 7 Educational Incentive and POST Incentives .................................................................... 8 Longevity Pay .................................................................................................................. 9 ARTICLE 7 - LEAVE ............................................................................................................... 9 Absence from Duty .......................................................................................................... 9 Sick Leave ........................................................................................................................ 9 Extended Medical Leave ................................................................................................ 10 Bereavement Leave ........................................................................................................ 10 Vacation Leave .............................................................................................................. 11 Holidays ......................................................................................................................... 12 Jury Duty ....................................................................................................................... 12 Community Service and Professional Organization Participation ................................. 12 Family and Medical Care Leave .................................................................................... 13 ARTICLE 8 – RETIREMENT BENEFITS .......................................................................... 14 New Member Employees - Defined .............................................................................. 14 Classic Member Employees – Defined .......................................................................... 14 New Member Retirement Benefits ................................................................................ 14 New Member Retirement Contributions ........................................................................ 14 Classic Member Retirement Benefits ............................................................................ 14 Retirement Benefits – Tier 1 .......................................................................................... 14

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iii
Retirement Benefits – Tier 2 .......................................................................................... 14 Classic Member Retirement Contributions .................................................................... 15 Social Security ............................................................................................................... 15 Supplemental Retirement Benefits ................................................................................ 15 Retiree Health Insurance Benefit ................................................................................... 16 ARTICLE 9 - SALARY SCHEDULE .................................................................................... 16 Salary Schedule ............................................................................................................. 16 Salary Adjustment .......................................................................................................... 16 Shift Differential ............................................................................................................ 16 Rules for Use of Salary Schedule .................................................................................. 17 ARTICLE 10 - HEALTH AND WELFARE ......................................................................... 18 Insurance Benefits .......................................................................................................... 18 Gym Membership .......................................................................................................... 19 Short Term Disability Insurance……………………………………………………….19 ARTICLE 11 - SCHEDULING OF SHIFTS ........................................................................ 19 ARTICLE 12 - UNIFORMS ................................................................................................... 19 ARTICLE 13 - RESIDENTIAL MILEAGE RESTRICTION ............................................ 20 ARTICLE 14 - VEHICLE USE .............................................................................................. 20 ARTICLE 15 - REDUCTION IN FORCE & RE-EMPLOYMENT .................................. 20 Layoff/Furlough Provisions ........................................................................................... 20 Treatment of the Employees Laid Off ........................................................................... 21 Seniority ......................................................................................................................... 22 ARTICLE 16 - DISCIPLINARY ACTION ........................................................................... 22 ARTICLE 17 - GRIEVANCE PROCEDURE ...................................................................... 25 Definition ....................................................................................................................... 25 Procedures ...................................................................................................................... 25 Informal Grievance ........................................................................................................ 25 Formal Grievance ........................................................................................................... 25 General Conditions ........................................................................................................ 26 ARTICLE 18 - SAFETY ......................................................................................................... 27 Safety Equipment ........................................................................................................... 27 Employee Alertness ....................................................................................................... 27 Drug, Alcohol and Substance Abuse Policy .................................................................. 27 Employee Assistance Program ...................................................................................... 28 Coverage ........................................................................................................................ 28 ARTICLE 19 - NO STRIKE/NO LOCKOUT ...................................................................... 28 ARTICLE 20 - DISTRIBUTION ........................................................................................... 29 ARTICLE 21 - EFFECT OF THIS MOU ............................................................................. 29 Completion of Negotiations ........................................................................................... 29 ARTICLE 22 - NOTICE ......................................................................................................... 30 ARTICLE 23 - SEVERABILITY SAVINGS CLAUSE ....................................................... 30 ARTICLE 24 - MAINTENANCE OF NEGOTIABLE BENEFITS ................................... 30 ARTICLE 25 - TERM OF MOU ............................................................................................ 30 RECOMMENDATION OF REPRESENTATIVES ............................................................ 30 APPROVAL OF AGREEMENT ........................................................................................... 31

Item # 10.
iv
APPENDIX A – SALARY SCHEDULE................................................................................ 32

Item # 10.
1 INTRODUCTION
This Memorandum of Understanding hereinafter referred to as the "Agreement" or "MOU" is made and entered into by and between the City of Grass Valley, hereinafter referred to as the "City", and the Grass Valley Police Officers, Police Officer Trainees and Police Sergeants, hereinafter referred to as the "Unit" or the "Employees".

ARTICLE 1 – RECOGNITION
The City recognizes the Employees who collectively are referred to as "Grass Valley Police Officers Association" as the sole and exclusive representatives of Police Sergeants and Police Officers/Trainees and other sworn positions as may be allocated by the City with concurrence from the Unit.

ARTICLE 2 – SUPPORT OF AGREEMENT
During the term of this Agreement, the City agrees not to meet and confer with any other organization on matters upon which the Employees is the exclusive representative and which is within its scope of representation. Employees agree to meet and confer only with the representative(s) officially designated by the City to act on its behalf, and to utilize the meet and confer process as the means of gaining consensus as to wages, hours and conditions of employment.

During the term of this MOU and as appropriate thereafter the parties agree to use the dispute resolution machinery as provided herein or by Civil Service rules as a means of adjudicating disputes between them.

ARTICLE 3 – ASSOCIATION RIGHTS AND DUES DEDUCTIONS
A. Association Rights
The Association shall have the following rights:

The Association shall have the right of access to bargaining unit members outside of their assigned duties; before and after work hours, at meal and break periods and at other times, only with the approval of the Police Chief.

The Association may use bulletin boards designated for its use in appropriate places. All items to be posted shall be officially authorized by the Association and shall bear the date of posting and the date of removal. Posted materials shall not be obscene, defamatory, or of a partisan political nature, misleading, violative of any Federal, State, or local ordinance, law, statute or rule. Such material shall not pertain to public issues which do not involve the City and its relations with employees. A copy shall be provided to the Police Chief.

The Police Chief or his/her designee, upon request, may permit the Association to use facilities,

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2 depending upon availability of space, for meeting purposes at no charge. No request for use of the City facilities shall be unreasonably refused.

Employees shall not be given time off for meetings of the Association unless approved by the Police Chief.

The Association shall furnish annually and update as required a list of all officials and representatives authorized to act on the Association's behalf. The City agrees to grant authorized officials and representatives access to City property to transact officially the Association business upon prior notice to the City Manager.

B. Union Access to Employees
The City agrees that for purposes of representation on issues covered by this agreement, official representatives of the Union may meet with unit employees on City facilities during working hours, provided that prior notification has been given to the appropriate supervisor. The Union agrees that such meetings shall not interfere with the normal work duties of the employees.

Solicitation for membership in the Union or other internal association business not directly connected to administration of this agreement shall be conducted during the nonwork hours of all employees involved.

City facilities may be made available for use by City employees or the Union in accordance with such administrative procedures as may be established by the City Manager or Department Heads concerned.

City will provide a written statement to each new bargaining unit employee that the classification is part of a bargaining unit represented by the Union, and the name of a representative of the Union. City will provide the Union President not less than ten (10) days’ notice of the onboarding orientation meeting, including the date, time, and location of the orientation meeting.

If a bargaining unit employee’s first day of work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and City will instead provide as much advance notice as reasonably possible of the orientation meeting.

The City will allow a Business Representative of the Union and/or outside labor representative to spend up to fifteen (15) minutes with the new unit member at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. No representative of City management shall be present during the Union’s presentation.

A bargaining unit member attending the onboarding orientation meeting as the Union representative shall be given paid release time sufficient to cover the Union’s presentation and related travel time. The Union will provide the Human Resources Department with the names of any bargaining unit members who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.

To the extent required by Government Code Section 3558, City shall provide the Union

Item # 10.
3 President with a list of names and contact information (listed below) for any newly hired unit member within 30 days of the date of hire or by the first pay period of the month following hire.

City shall also provide the Union a list of all unit member names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.

C. Dues Deductions
Employees may sign up for Payroll Deductions of Association dues with the Association.

The Association will certify to the City any new members of the Association.

City agrees to deduct dues as established by the Association, and premiums for approved insurance programs from the salaries of Association members. The sum so withheld shall be remitted by the City, without delay, directly to the Association along with a list of employees who have had such amounts deducted. Association agrees to provide a listing of all additions or deletions of membership or requested changes to establish payroll deductions of its members, to the City.

The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions (including healthcare deductions) have priority over Association dues.

It shall be the sole responsibility of the Association to procure and enforce payroll deduction of dues.

Hold Harmless: The Association shall indemnify, defend, and hold harmless the City, its officers, employees, and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgments and other forms of liability arising out of the application or enforcement of this Section. In no event shall the City be required to pay from its own funds Association dues which the employee was obligated to pay, but failed to pay regardless of the reasons.

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4 Any Association member who notifies the City of their desire to discontinue dues or otherwise withdraw from Association membership shall be referred back to the Association. The City agrees to continue all dues deductions until notified of a deduction change by the Association
ARTICLE 4 - PROCEDURAL PREROGATIVES
It is understood that the City retains the procedural prerogative to initiate or to refrain from initiating actions that may affect association members' wages, hours and conditions of employment and that such actions, once initiated by the City are subject only to the express procedural limitations that may be set forth in the MOU, Civil Service Rules, Charter or other law. Such matters include, but are not limited to, the procedural rights to contract out work not performed by active association members, to transfer, lay-off, terminate or otherwise discipline employees, to reasonably accommodate qualified disabled persons/employees, to make technological improvements, and to take necessary action to implement the terms and conditions of the MOU.

The Association recognizes and agrees that the City, on its own behalf and on behalf of the electors of the City, retains and reserves unto itself, limited only by Articles of this MOU, all powers, rights, authority, duties and responsibilities conferred upon, and vested in it, express or implied, by the laws of the Constitution of the State of California and of the United States and the provisions of the City Charter.

The Association recognizes and agrees that the exercise of the foregoing powers, rights, authority, duties and responsibilities of the City, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this MOU.

The Association recognizes and agrees that the City's powers, rights, authority, duties and responsibilities include, without limitation, the generality of the foregoing, the exclusive right to manage, plan, organize, staff, direct and control; to determine levels of services; to determine solely the extent to which the facilities of any department thereof shall be operated, and the outside purchases of products or services; the right to introduce new or improved methods and facilities and to otherwise take any action desired to run the entire operation efficiently, except as modified by this MOU.

It is understood and agreed that the specific provisions contained in this MOU shall prevail over City practices and procedures and over State laws and the City Charter to the extent permitted by State law, and that in the absence of specific provisions in this MOU, such practices and procedures are discretionary with the City. Nothing contained in this MOU shall be interpreted as to imply or permit the invocation of past practice, or tradition, or accumulation of any employee rights or privileges other than those expressly stated herein.

If a conflict arises between this MOU and a City Charter provision or resolution incorporated herein, the City's Charter provision or resolution shall prevail.

Item # 10.
5 ARTICLE 5 - HOURS OF WORK AND BASIS OF COMPENSATION
A. Pay Periods
The "pay period" shall be fourteen (14) calendar days from Sunday (starting at midnight Saturday) to midnight of the second Saturday thereafter, and refers to the period for computing compensation due for all working hours during that period. Actual payment of payroll shall be made the ensuing Friday at noon following the end of the pay period.

B. Work Periods
The normal work schedule shall be eighty (80) hours within each work period for each full-time employee assigned to a 12 hour shift schedule and eighty (80) hours within each work period for each full-time employee assigned to an eight (8) or ten (10) hour shift schedule, and shall coincide with the established two (2) week period (consisting of 14 days or two weeks) from Saturday midnight to the second Saturday at midnight. Continuous work after midnight at the end of a work period shall be reported on the day in which the work shift began. The City shall have the right to implement schedules containing shifts of greater than (8) hours following proper notice and the opportunity to meet and confer.

The City shall have the right to implement schedules containing shifts of greater than eight (8) hours such as four (4) ten (10) hour shifts or three (3) twelve/(4) twelve (12) hour shifts upon 14 days notice to effected employees. Any hours worked beyond such schedules by non-exempt employees shall be paid at the overtime rate.

The hours of employment and legal holidays to be observed shall be with regard to convenience of the public.

Employees will be paid during their lunch period.

C. Calculation of Compensation
Compensation shall be calculated on the basis of 2,080 hours per year and twenty-six (26) equal pay periods per year. Compensation is based on the hourly rates and pay schedule set forth in Appendix A. Adjustments in hourly rates are rounded up to the nearest cent, but may not exceed the top of any pay range. Pay is based on 2,080 hours with hourly rates rounded to the nearest cent.

The payment of compensation shall be calculated to the nearest one-fourth (1/4) hour.

D. Work Shift
The normal work shift means each shift during which an employee performs a normal working shift of continuous work hours as designated by their assigned classification or duty/specialty assignment, including holidays, Saturday and Sunday for those employees who work other than the regular Monday through Friday week. All time authorized in excess of a normal working shift shall be administered pursuant to Article 6.

Item # 10.
6 ARTICLE 6 - OVERTIME, CALLBACK, STANDBY, COURT TIME, SPECIALTY PAY A. Overtime
(1) Policy:

It is the policy that overtime work be discouraged; that the Police Chief arrange the work of his or her department so that full-time employees shall normally work not more than eighty (80) hours in any pay period. Overtime work shall be held to a minimum consistent with the efficient performance of necessary functions.
(2) Defined:

An employee authorized to work over their work shift or their duty assignment or over eighty (80) hours in a pay period will receive overtime. All hours compensated will be included for overtime purposes.

All work authorized as overtime shall be calculated at the overtime rate, which is one and one-half (1-1/2) times the regular hourly rate of pay.
(3) Authorization for Overtime Work:

Overtime work not specifically authorized shall be performed only upon express authorization of the Police Chief or subordinate empowered by him/her to authorize the same. (4) Reporting Overtime:

Total hours of recorded authorized overtime for each pay period for each employee shall be reported on an attendance report and shall be signed by each Police Chief or his or her designee.

The total hours of prior accumulated compensatory time taken off during each pay period shall be likewise reported.
(5) Fringe Benefits Not Affected by Overtime:

Overtime work shall not be a basis for increasing vacation or sick time leave benefits, nor shall it be a basis of advancing completion of required period for probation or salary step advances. (6) Compensation for Overtime:

Employees shall have the option of either taking authorized overtime as pay or accrued as compensatory time. The balance of any accumulated Compensatory Time shall be paid upon termination of employment.

Compensatory time may be accrued up to one hundred twenty (120) hours.

B. Callback Time
Callback time shall be that time an employee is called back to work by the Police Chief before or after a normal work day; when an employee is required to work on a normal work day off by the Police Chief; in the event of an emergency; or when an employee is required to work on any

Item # 10.
7 holiday recognized by the City Council. The time actually worked or a minimum of two (2) hours at one and one-half (1-1/2) times the regular hourly rate of pay shall be accrued as compensatory time, or taken as pay subject to the same rules for compensation for overtime provided above.

C. On Call Pay
At the discretion of the Police Chief, or designee, an employee may be assigned and scheduled to on-call status during off-duty hours. On-Call shall be paid at the rate of $1.25 per hour for each hour that an employee is assigned to be On-Call.

D. Standby Time
Standby time shall be that time an employee is designated by the Police Chief to be available on immediate call (for example; court standby, fires, riots and critical incidents) on normal days or hours off, or that time an employee is designated by the Police Chief to be available on immediate call on holidays. If not called, the employee shall be compensated with two (2) hours overtime which may be taken as pay or compensatory time off subject to the same rules for compensation for overtime provided above.

E. Court Time
Court time is defined as that period of time when an employee is required to appear in court as part of the performance of his/her normal duties on a day when the employee would not otherwise be scheduled to work. Court time will be compensated only when the employee is required to appear in court in connection with his or her duties at a time when he/she is not otherwise scheduled to be working. An employee will not be granted court time during the same time period that callback time is compensable. Court time may be paid or accrued as compensatory time in the same manner and shall be computed on the basis of three (3) hours or the actual amount of the time the employee is required to appear in court, whichever is greater.

F. Specialty Pay
Specialty pay assignments will be made in accordance with Departmental Policies and Procedures and will receive compensation in addition to base pay as noted below. Police Officer Trainees are not eligible for specialty pay.
(1) Bilingual Pay 5%
(2) Officer-In-Charge Pay 5%
(3) Field Training Officer (FTO) (while training) 5%
(4) Corporal 5%
(5) Traffic Officer 5%
(6) School Resource Officer (SRO) 5%
(7) Detective 5%
(8) Special Assignment Pay - as determined by
Chief of Police in accordance with § 571.

Definition of Special Compensation. 2.5% or 5%

Item # 10.
8 Bilingual pay will be for languages designated by the Chief of Police and demonstrated proficiency. Number of personnel approved for bilingual pay will be limited to meet needs of the City.

Officer-In-Charge pay shall apply only to situations when a supervisor and/or manager is not on duty and responsible for the shift or work unit. Only one employee will be designated as an OIC should shifts overlap, and there is not an on-duty supervisor for either shift. An employee designated by the City as acting in the capacity of a Police Sergeant shall receive a 5% increase to base pay, providing the assignment and responsibility is for four (4) or more hours of continuous duty. The 5% increase to base pay shall be computed and applied on an hourly basis.

A specialty pay cap of fifteen percent (15%) shall apply; however, bilingual and officer-in-charge pay will not apply toward this cap.

G. Educational Incentive and POST Incentives

1. The City shall offer an academic educational incentive program with a maximum cumulative ceiling of five percent (5%) of base salary for Police Sergeants and seven and one-half percent (7-1/2%) of base salary for Police Officers. Only certificates and degrees granted by accredited institutions which are above their minimum education requirement of the employee’s position and enhance the employee’s abilities and contributions will be considered. College units obtained to qualify for an incentive cannot be compounded to qualify for an additional incentive.

For example, units used to obtain an AA/S and then utilized to obtain a BA/S cannot yield incentives for both degrees.
a. Eligible Degrees for Police Officers:

Degree % of Base Salary
Associate of Arts or Science 2.5%
Bachelor of Arts or Science 5.0%
Master of Arts or Science 2.5%
b. Eligible Degrees for Police Sergeants:

Degree % of Base Salary
Bachelor of Arts or Science 2.5%
Master of Arts or Science 2.5%

2. The City shall offer a POST incentive program with a maximum cumulative ceiling of 5% of base salary for a combination of the below listed certificates. This incentive shall not be paid to employees in classifications that require such certifications as a minimum requirement for the position occupied.

Item # 10.
9 Certificate % of Base Salary
Intermediate 2.5%
Advanced 2.5%
Supervisory 2.5%
Management 2.5%
H. Longevity Pay
The City shall pay two and one-half percent (2.5%) of base rate for longevity pay upon completion of ten (10) years of continuous service as a member of Unit 6.

ARTICLE 7 – LEAVE
A. Absence from Duty
The absence of an employee from duty shall be reported to the Police Chief. The reasons for the absence, if known, shall be stated. The return of an employee to duty shall likewise be reported.

Unauthorized absence from duty is sufficient cause for discipline up to and including termination of employment. Unauthorized absence from duty for five (5) consecutive scheduled work shifts shall be deemed a resignation from City employment.

B. Sick Leave
Sick leave shall be considered as a privilege by an employee to use at his/her discretion as provided herein.

Police Officer Trainees shall accrue 2.77 hours per pay period while in the Academy. Police Officers shall accrue 2.77 hours per pay period for the first four (4) years of service and 3.69 hours per pay period thereafter. Police Sergeants shall accrue 3.69 hours of sick leave per pay period. If any employee does not take the full amount of sick leave allowed in any calendar year, the amount not taken may be accumulated from year to year without limit.

Sick leave accrual, if available, will be used for the following circumstances:
a) The absence from duty of an employee because of his/her illness, pregnancy or related complications, quarantine due to contagious diseases. b) The absence from duty of an employee due to the preventative care, diagnosis, care or treatment of a health condition of the employee’s family member or other purposes authorized by Labor Codes Section 246.5 (leave for victims of domestic violence, sexual assault, or stalking).. For the purposes of this provision, family member shall be restricted to the employee’s biological parent, foster parent, adoptive parent, sibling, spouse, domestic partner, child, parent-in-law, brother-inlaw, sister-in-law, grandparent, grandchild, step parents, stepchildren, step sibling, where there is a child rearing relationship, or a person who stood in loco parentis when the employee was a minor child.
c) Medical appointment of an employee.

Item # 10.
10 d) The absence from duty of an employee due to medical appointment or illness of his/her spouse, domestic partner, child or parent to the extent provided by California Law (specifically AB 109, known as the “Kin Care” legislation effective in 2002, and SB 1471 as enacted in 2003)..
e) The City of Grass Valley may allow the use of sick leave due to the illness/medical appointment of other relatives of the employee, if such relative is living in the same household as the employee.

Sick leave due to a medical appointment must be approved in advance by the employee’s immediate supervisor. Other leaves provided for due to illness or medical complications shall be provided consistent with other leave conditions herein and within the Federal and State Family Leave Acts.

If absence from duty by reason of sickness extends beyond the period of three (3) consecutive working shifts, the employee may be required to file, with the Human Resources Office, a certificate of sickness or disability prepared by a regular, licensed and practicing physician prior to entitlement to sick leave pay. A copy of this certificate shall also be filed with the Police Chief.

All employees whose absence from duty because of sickness extends beyond (1) calendar week may be required to provide a weekly report or certificate by a regular licensed and practicing physician to be filed with the Human Resources Office. Certificates filed under this Section shall detail the nature of the sickness and certify the employee's inability to return to work. If no certificate is filed, salary or wages may be withheld from said employee.

The Human Resources Office or Police Chief may require any employee to furnish a certificate of illness or disability completed by a regular, licensed and practicing physician at any time that the Human Resources Office or the Police Chief is aware of information that an employee is abusing the sick leave privilege. No employee will be disciplined for insubordination based on the refusal to work when he/she has elected to use accrued sick leave but will remain subject to discipline for any abuse of the sick leave, dishonesty in use of sick leave or other grounds for discipline arising from inappropriate use or abuse of sick leave.

Notwithstanding any other provision of this MOU, the City shall provide every employee at least as much sick leave as required by California Labor Code section 245 et seq. as it now exists or may be amended during the term of this Agreement. The City shall inform the Employees when it establishes or alters a policy governing the allowance of such leave.

C. Extended Medical Leave (See Civil Service Rules, same title) Those employees who have been granted an approved extended medical leave shall not be required to provide weekly verification of their medical condition. However, this is subject to the right of the City to require such verification if the City reasonably believes that the granting of medical leave is being abused. Failure of an employee to supply the requested verification of medical condition shall be grounds for terminating extended medical leave.

D. Bereavement Leave

Item # 10.
11 Employees shall be granted leave of absence with pay, not to exceed 60 hours per fiscal year, noncumulative, for purposes of attending funeral services, making related arrangements for the family or travel to and from the location of services on account of the death of any member of his/her immediate family. Member of the immediate family means the mother, step-mother, father, stepfather, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee and the spouse, son, son-in-law, step-son, daughter, daughter-in-law, step-daughter, brother or sister of the employee, or any relative living in the immediate household of the employee.

It shall be the responsibility of the department to account for such leaves, and leaves of more than 60 hours, if approved, shall be charged against sick leave or other leave accumulations.

E. Vacation Leave
Vacation leave will begin accruing immediately upon active service and may be used following completion of (6) months of continuous service. Police Officer Trainees will not be eligible until completion of the POST academy and appointment to active service with the City of Grass Valley Police Department as a Police Officer. For each completed pay period of service and employee shall receive credit for vacation pay in accordance with the following schedule:

Up to two (2) years, .............. eighty (80) hours per year (3.08 hours per pay period) 25 months to 5 years, ........... ninety-six (96) hours per year (3.69 hours per pay period) 61 months to 10 years, .......... one hundred twenty (120) hours per year (4.62 hours per pay period) 121 months 20 years, ............ one hundred sixty (160) hours per year (6.15 hours per pay period) 241 months and over, ............ one hundred and eighty (180) hours per year (6.92 hours per pay period)
Each and every credit of vacation earned by an employee shall be vested to such employee at the conclusion of each pay period of service.

Employees shall be permitted to accumulate accrued vacation hours until reaching the maximum limit of 320 hours for Police Officers and 380 hours for Police Sergeants. Once the employee has reached the maximum limit, vacation accruals over the maximum hour limit will automatically be converted to, and deposited in, a sick leave bank for retirement service credit conversion. The banked sick leave shall only be used to convert to PERS service credit at retirement from the City of Grass Valley. Should the employee utilize all sick leave accruals, all CTO accruals and all but up to 56 hours of Holiday leave, he/she will be entitled to utilize the banked sick leave hours for illness and/or extended medical leave.

Vacations will be scheduled in December and June of each year for the six-month period following the sign-up period. If staffing levels require vacations to be denied, additional time or banking of time will be granted based on a request of the Chief to the City Manager.

Employees may request payment in lieu of vacation accrual in December of each year for the following calendar year. The maximum vacation buyback shall be forty (40) hours for Police Officers and sixty (60) hours for Police Sergeants.

Item # 10.
12 Elective cash-out provisions:

1. Employees utilizing this provision will be required to submit an irrevocable election form by December 31st of the calendar year prior to the calendar year in which the vacation hours to be cashed out are earned.

2. Employees that have submitted an irrevocable election form may submit a vacation cash out request form at any time during the calendar year in which the vacation hours are earned.

3. The actual payment of the requested hours cannot occur until the hours to be cashed out for that calendar year have accrued. Cash-outs for hours accrued in prior years are not allowed.

4. Employees that submitted an irrevocable election form in the prior year but did not submit a cash out request shall receive their vacation cash out by the last paycheck of the calendar year in which the vacation hours are earned.

5. Payment will be issued at the employee’s current regular rate of pay at the time the payment is made.

F. Holidays Pay
Personnel assigned to the following classifications are not granted official City holidays as days off with pay:
• Police officer Trainee
• Police Officer
• Police Sergeant
Effective July 1, 2022, in lieu of City holidays, these employees shall receive 6.65% increase in base salary.

In the event an employee wishes to observe a city holiday they must submit a request for vacation or CTO time off and receive approval from their supervisor.

All remaining holiday hours currently on the books shall be paid out at straight time rate effective July 1, 2022.

Holidays are those days or hours designated as such by or pursuant to this MOU, City ordinance or resolution.

Employees will accrue a maximum of 162 holiday hours each calendar year at an accrual rate of

6.23 hours per pay period. Employees may schedule holiday time off in accordance with Department procedures. Police Officer Trainees will not be eligible until completion of the POST academy and appointment to active service with the City of Grass Valley Police Department.

Hours accrued but not used by the end of the last full pay period in November each year will be cashed out at the employee’s regular hourly rate of pay and paid to the employee in the first pay

Item # 10.
13 date in December each year.

A payout of hours accrued but not used by the end of the last full pay period in May of each year will be cashed out at the employee’s regular hourly rate of pay and paid to the employee in the first pay date in June each year.

G. Jury Duty Leave
An exempt employee shall be paid his/her normal salary for each work day, or portion thereof, he/she is required to be in jury duty. Any money, less travel expenses, received by the employee for jury duty shall be remitted to the City by the employee.

H. Community Service and Professional Organization Participation The City encourages employees to participate and be involved in community service and professional organizations.

Upon approval by the City Manager, the City may make a reasonable amount of paid release time available for employees to represent the City and to participate and be involved as a member or officer in a community service, professional organization, excluding fraternal organizations.

Further, the Council recognizes that certain expenses may be incurred by an employee to be an active member or to participate in such an organization. Therefore, upon approval by the City Manager, the Council shall budget and pay or reimburse, on behalf of the employee, expenses for his/her membership and attendance of such costs as dues, fees, assessments or charges associated with participating in the organization up to $250 per fiscal year.

I. Family and Medical Care Leave
Regular full time employees, with more than one (1) year of continuous service, or have worked more than 1250 hours during the previous 12-months, may request an unpaid Family and Medical Care Leave of absence of up to 12-weeks in any one continuous 12-month period. This leave may be taken for the birth or adoption of a child, to care for a child, spouse or parent who has a serious health condition or for the employee’s own health condition that makes the employee unable to perform the essential functions of their job. If this leave is granted, upon the employee’s return, the employee will be reinstated to the same or a comparable position as the position held before the leave. Available accruals must be used for such leaves. For leaves related to an employee’s own serious health condition, or that of an eligible family member, sick leave will be utilized first, followed by other accruals (i.e., holiday, CTO, vacation). If all available accrual is depleted, an employee may continue on an unpaid leave until the 12-week maximum leave is taken. If an employee desires to take an FMLA leave not associated with the serious health condition of him/herself, or an eligible family member, sick leave hours accrued may not be used (i.e., adoption of a child, birth of a child).

An employee may elect to keep forty (40) hours of sick leave in their accrual bank prior to taking unpaid time off.

Whenever possible, the employee must provide at least thirty (30) calendar days written notice

Item # 10.
14 that the employee wishes to take this leave of absence. When this is not possible, the employee must notify the City, in writing, as soon as possible. Failure to comply with these notification rules may result in the denial or deferral of the requested leave until the employee complies with the notice provisions.

The City will require the certification from the health care provider who is attending to the serious health care condition of the employee, employee’s child, spouse or parent before allowing the employee to take a leave to take care of that family member. If there is a question concerning this certification, the City reserves the right to require additional certification(s) at City expense.

Unless otherwise agreed to by the City, any Family and Medical Care Leave must be taken in segments of one (1) full workday.

If the employee is pregnant, the employee has the right to take a maternity leave and some amount of Medical Care Leave. The employee should check with Human Resources to determine eligibility under such circumstances.

The cost of the employee’s health care coverage while on a Family and Medical Care Leave less any portion of the premium the employee is required to pay will be paid for by the City for up to twelve (12) weeks. If the employee does not return from leave, the employee will be responsible for reimbursing the City for the insurance premiums paid on the employee’s behalf.

While the above provisions will apply to most employees in most circumstances, there are certain exceptions under which the City may refuse to grant a Family Care Leave.

ARTICLE 8 –RETIREMENT BENEFITS DEFINITIONS
New Member Employees:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California Public Retirement System.
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013 and is not eligible for reciprocity. • A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of greater than six months.

Classic Member Employees:
• A member who was brought into CalPERS membership for the first time before January 1, 2013.
• A member who was brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013 and is eligible for reciprocity.

Item # 10.
15 • A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of less than six months.

A. New Member Retirement Benefits
New employees hired after to January 1, 2013, upon placement in a full-time employment status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between the City and PERS.

B. New Member Retirement Contributions
The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS.

C. Classic Member Retirement Benefits
Retirement Benefits – Tier 1
Employees hired before July 1, 2011 and designated as local public safety members by the City are provided retirement benefits under the California Public Employee's Retirement System Local Safety 3% at 50 formula.

Retirement Benefits - Tier 2
Employees hired after June 30, 2011 and designated as local public safety members by the City are provided retirement benefits under the California Public Employee's Retirement System Local Safety 3% at 55 formula.

D. Classic Member Retirement Contributions
Total Classic Employee pension contribution shall be 12% of salary.

E. Social Security
Employees are also provided retirement benefits under Social Security. The employee shall pay the full amount of the employee's contribution rate to Social Security. The City shall pay the employer contribution.

F. Supplemental Retirement Benefits
The City shall pay a supplemental retirement benefit to each eligible employee covered under the terms of this MOU who attains normal retirement age as defined in California Public Employees’ Retirement Law. The term "eligible employee" is limited to those employees who leave City employment for the sole reason of retiring under a PERS regular service retirement and at least five (5) years of service with the City. No minimum years of service is required for disability or industrial disability retirement provision.

The benefits provided under the terms of this Section shall be a one-time lump sum payment, calculated on the basis of fifty percent (50%) of the straight time value of the retiring employee's accumulated but unused sick leave, up to 400 hours on the date that the employee retires from City employment. The reference to sick leave days in this Section is for purposes of calculating the