The 1“ Monday in September (Labor Day)
The 2”‘Monday in October
November 11th
ThanksgivingDay
The Fridayfollowing ThanksgivingDay
December 25th (Christmas Day)
December 24th (Christmas Eve Day)
The last Four (4) hours of the workday on December 31
Every day declared a holiday by the President or Governor, subject to the Mayor also proclaiming the day as a holiday.
9. Medical / Health Allowance
Section 15.1 Medical Bene?ts
Each full-time employee of the City shall receive medical benefits for the employee from the City at the expense of the City. |n the event an employee
selects insurances more expensive than the City's contribution, the employee may obtain such insurance ifthe employee pays the difference in cost between the City’s contribution and the selected insurance.
Effective January 1, the City shall pay the following at each rate of coverage (Employee Only Employee plus 1 and Employee plus family):
Em Io ee onl : 1200
Employee + 1: $1 500
Employee + Family: $1 700
Effective January 1, S the City shall pay the following at each rate of coverage Employee Only‘ Employee plus 1 and Employee plus family):
Em lo ee onl 2 1200
Employee + 1: $1 550
Em lo ee+Famil : 1750
Effective Januag 1 E the City shall pay the following at each rate of coverage (Employee Only‘ Employee plus 1 and Employee plus family):
Em lo ee onl : 1200
Employee + 1: $1 600
10. Vacation
Section 18.2.2 Vacation Accumulation
Vacation leave may be accumulated to a maximum of (25) days (equivalent to 175 hours). When the accrual cap of 175 hours (25 days) is reached, an employee will cease to earn vacation until they are under the cap.
11. Bereavement Leave
Section 18.6 Bereavement Leave
1. Upon the death of a family member, employees are entitled to five seven—hourdavsofpaid bereavement leave. For purposes of this section, ”fami|v member” means parent/parent-inlaw s ouse domestic artner child randchild de endent siblin and grandgarentlgrandgarenbin law.
2. Days of bereavement leave need not be consecutive, but shall be completed within three months of the date of the death of the family member.
3. Ifrequested by the City. the employee, within 30 davs of the first dav of the |eaveLsha|| provide documentation of the death of the family member. This "documentation" includes but is not limited to, a death certificate, a published obituary, or written verification of death. burial.or memorial services from a mortuary, funeral home‘burial society‘ crematorium, religious institution, or governmental agencyg
4. Thissection is not subject to the grievance procedure set forth in this MOU.
12. Clean Up
Other contract language clean—upmutually agreed to by the parties.
\ \ L/$5
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MONTE
SERENO AND
THE CITY EMPLOYEES' ASSOCIATION (A.C.E.)
THIS AGREEMENT IS ENTERED INTO AS OF APRIL 1, 2020, BETWEEN THE CITY OF MONTE SERENO, HEREINAFTER REFERRED TO AS THE "CITY", AND THE MONTE SERENO "ASSOCIATION OF CITY EMPLOYEES", HEREINAFTER REFERRED TO AS "A.C.E."
Pursuant to City Resolution ____________ of the City of Monte Sereno and Section 3500 et. seq. of the Government Code, the duly authorized representatives of the City and A.C.E., having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.
FOR ASSOCIATION OF CITY EMPLOYEES: CITY OF MONTE SERENO:
_______________________________ ____________________________ Jeannie HamiltonDiana Perkins Steve Leonardis
City Planner City Manager
_______________________________ ____________________________ Jessica KahnGloisy Gonzalez-Langarica Sergio RudinLisa S.
Charbonneau
City EngineerClerk City AttorneyNegotiator
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TABLE OF CONTENTS (to be inserted once final)
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CITY OF MONTE SERENO
AND THE MONTE SERENO ASSOCIATION OF CITY EMPLOYEES
MEMORANDUM OF UNDERSTANDING
ON SALARIES, FRINGE BENEFITS AND WORKING CONDITION
Preamble
The authorized representatives of the City of Monte Sereno hereafter referred to as the "City" and the authorized representatives of the Monte Sereno Association of City Employees hereafter referred to as "A.C.E." do jointly accept and agree to all the terms and conditions of employment set forth in this Memorandum of Understanding pursuant to City Council Resolution of the City of Monte Sereno and the Meyers-Milias-Brown Act, Section 3500 et. seq. of the Government Code.
This understanding shall apply to represented employees assigned to those classifications listed on Appendix A. When classifications are created which fall under the representation of A.C.E., this understanding shall also apply. This agreement supersedes all previous Resolutions related to employee salaries, fringe benefits and personnel rules for the employees of the City of Monte Sereno.
The terms and conditions of employment set forth in this understanding have been discussed in good faith by the authorized representatives of the City and the authorized representatives of the employees.
A.C.E. agrees to recommend acceptance by the employees of all terms and conditions set forth herein.
Following said acceptance by A.C.E., authorized representatives of the City agree to recommend to the City Council that all terms and conditions set forth herein be approved by resolution. Upon adoption of said resolution, all terms and conditions so incorporated shall become effective without further action by either party.
Term
This Memorandum of Understanding shall commence on April 1, 2020July 1, 2023 and terminate on June 30, 20232026.
Section 1. Scope of Representation
Employees represented by A.C.E. are those in permanent positions in the classifications listed in Appendix A.
Section 2. City Employer-Employee Relations
2.1 A.C.E. Rights
The City recognizes the bargaining unit employees' right to join and participate in A.C.E. A.C.E. shall provide the City with a list of A.C.E. officers and department representatives.
Upon request of any employee represented by this Agreement, an A.C.E. representative shall be present during meetings involving the individual employee in disciplinary matters. Oral reprimands and performance evaluations are not included in the above. To the extent possible, disciplinary and grievance matters shall be considered during normal working hours with paid release time.
A.C.E. representatives shall have access to a bulletin boards for Association business. The bulletin board shall be maintained in a manner consistent with City rules and the law. The City reserves the right to remove any item from the bulletin board that violates City rules or the law.
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A.C.E. bargaining unit employees have the right to utilize the City mail system for Association business.
Association business may not be conducted on City time unless the employee is on approved release time.
A.C.E. unit members shall be entitled to reasonable release time for the purpose of meeting with the City for processing of grievances, representing unit members where authorized in meetings with the City and for meeting and conferring on matters within the scope of representation. Such A.C.E. members shall first obtain permission from Department Directors or the City Manager before leaving their work or work locations.
In the event that any provision of the Personnel Handbook conflicts with the collective bargaining agreement the collective bargaining agreement will govern.
2.2 Employee Rights
2.2.1 The right to select leaders and representatives.
2.3 Management Rights
The rights of the City include, but are not limited to the exclusive right to:
2.3.1 Determine the mission of its constituent departments, commissions and boards;
2.3.2 Set the standards of service following negotiation of the same;
2.3.3 Determine the procedures and standards of selection for employment and promotion;
2.3.4 Direct its employees;
2.3.5 Take disciplinary action in accordance with progressive discipline, recognizing the employee's right to due process;
2.3.6 Relieve its employees from duty because of lack of work or for other legitimate reasons following a presentation of reason supporting such action and an opportunity to negotiate over the decision and the effects of the decision;
2.3.7 Maintain the efficiency of governmental operations;
2.3.8 Determine the methods, means and personnel by which government operations are to be conducted.
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2.3.9 Take all necessary action to determine when an emergency exists and to carry out its mission in emergencies including the requirement that employees work overtime. Any question regarding the existence of an emergency is determined by the City Manager, whose decision shall be final;
2.3.10 Exercise control over its organization and the technology of performing its work;
2.3.11 Refer any question regarding implementation or interpretation of the MOU to the City Manager or the Human Resources Director for a determination.
Section 3. Change in Law
In the event that a local, State or Federal law significantly impacts the terms of this MOU, the City will meet and consult with A.C.E. regarding its implementation. In some cases, this may occur after the law or rule has been adopted.
Section 4. Savings Clause
If any provision or the application of any provision of this Agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, the remaining sections of this Agreement shall remain in full force and effect for the duration of this Agreement.
Section 5. Association Membership
5.1 The City recognizes the exclusive right of A.C.E. to represent members of the bargaining unit on all matters relating to employment conditions and employer-employee relations subject to the law and to an individual employee's right to self-representation as provided by Government Code Sections 3502 and 3503.
5.1.1 Dues Deduction
A.C.E. shall have the right to have membership dues deducted from the pay of employees covered by this MOU.
The City will deduct from the bi-weekly paycheck and remit to A.C.E., the normal and regular A.C.E. membership dues. Every effort will be made to remit dues to A.C.E. within two (2) weeks of deduction defend and hold the City harmless against any claims made of any nature and against any suit instituted against the City arising from the check-off for the dues, insurance or benefit programs of A.C.E.
5.1.2 Disclosure and Reporting
A.C.E. shall provide financial documents to the City as required by law.
5.1.3 Hold Harmless
A.C.E. shall promptly refund to the City any amounts paid to A.C.E. in error under this Section. A.C.E. expressly agrees to indemnify and hold the City, it's officers, agents, and employees harmless from any and all claims, demands, costs (including any costs incurred by the City in defense of a lawsuit) attorneys' fees, expenses, damages, or other monetary losses arising out of or in any way connected
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with the administration of Section 5. This hold harmless and Indemnity Agreement shall include but not be limited to legal actions of any sort or nature against the City based upon or related to this Section, including but not limited to actions by employees or former employees.
5.1.4 Duty of Fair Representation
A.C.E. shall accord fair representation in all matters to all employees in the unit without regard to whether the particular employee is a member of A.C.E. The duty of fair representation shall include but not be limited to all matters related to collective bargaining, contract administration and contractual grievance processing.
5.1.5 Non-Discrimination Against A.C.E. Activities
City and A.C.E. agree not to discriminate against any employee due to their engaging in lawful association activity. This does not affect the right of the City to discipline employees in accordance with the City Rules and this MOU. It is understood that City employees are accountable first and foremost for their duties of employment and A.C.E. activities shall not to interfere with the carrying out of those obligations.
Section 6. Non-Discrimination
Non-discrimination provisions are contained in the City Personnel Handbook.
6.1 Personnel Rules
Provisions Regarding the Americans with Disabilities Act (ADA) are contained in the City Personnel Handbook.
Section 7. Employment
7.1 Probationary Period
7.1.1 Probation for New Hires: The probationary period shall be twelve (12) months for all newly hired employees.
7.1.2 Probation for promoted employees: Promoted employees can be considered for satisfactory completion of the probationary period after six (6) months. Promoted probationary employees shall have all rights under this Agreement, full and complete access to the grievance procedure, including instances of suspension, demotion and termination. Any permanent employee not satisfactorily completing the probationary period following a promotion may be reinstated to their previous classification if that classification is vacant, in accordance with the City Personnel Rules.
7.1.3 All probationary employees will be evaluated quarterly.
7.2 Performance Evaluations
Employee performance evaluation documents shall be used for all employee evaluations.
7.2.1 Performance evaluations shall take place at least annually as follows:
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(a) Regular performance evaluations shall take place in the month prior to the anniversary date of the employee's date of hire or the date the employee entered their classification.
(b) The City has the right to conduct additional evaluations as needed. (c) The due date of the annual performance evaluation may be adjusted for employees with extended absence due to legally protected leave.
7.2.2 All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees shall sign their individual performance evaluations as evidence of discussion having taken place; employee signature does not imply agreement with the evaluation. An employee may attach separate written comments to his/her evaluation.
7.2.3 The City will make every attempt to see that performance evaluations are completed in a timely manner.
7.3 Pay and Classification System
7.3.1 Consideration for advancement from step-to-step within a range shall occur at intervals of one (1) year in length effective on each anniversary date. Each employee shall receive an annual performance evaluation. This evaluation will be the basis for step advancement. Such advancement to the next step shall be authorized if the supervisor, if any, and the City Manager finds that the employee is satisfactorily performing the duties of their position as reflected on the annual evaluation form.
7.3.2 An employee who does not receive their performance evaluation by their anniversary date shall be advanced one step (if any) on the salary schedule in the first full pay period following their anniversary date.
7.3.3 If the employee's performance is not satisfactory as determined by the supervisor's annual evaluation, the City Manager shall deny advancement to the next step. The City Manager has the option, at their discretion, based on a recommendation by the supervisor, to recognize improving performance by granting or denying a half-step increase in lieu of denying the advancement to the next step for unsatisfactory performance.
7.3.4 If the employee's performance is exceptional as determined by the annual evaluation of the supervisor on the performance evaluation form, the City Manager has the discretion to grant a two-step or oneand-one-half step increase. It is intended that this be used sparingly so that it can be reserved to recognize the truly exceptional employee who is achieving journey-level status in their classification (i.e., fully capable of performing all duties of the position) and can perform at the same level as an employee with the years of experience required to achieve advancement to the new step if they had advanced one step each year.
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7.3.5 The decision of the City Manager on step increases shall be final and not subject to appeal or the grievance procedure.
7.4 Workday/Week
7.4.1 The normal workday is defined as no more than seven (7) consecutive hours of work time, with a single lunch break.
7.4.2 The work week is defined as thirty-five (35) hours of work during any consecutive seven (7) day period. A minimum of one (1) forty- eight (48) hour period without scheduled work shall be provided to each employee during any consecutive seven (7) day period.
7.4.3 Flex-time work schedules consistent with the definitions of normal workday and normal work week may be assigned by and approved by the City Manager at his/her sole discretion. Flex scheduling is defined as an adjustment to an employee's work schedule which does not alter the total number of hours or days scheduled to be worked per week, but simply alters the time of day those hours are worked. Flex-days shall be identified and approved by the City Manager as part of the approval of a flex-time work schedule as well as the designation of the forty-eight (48) hour period without scheduled work.
7.4.4 Employees may also make requests for temporary changes to their normal work schedule. In those cases, the employee's schedule may change with the approval of the City Manager (e.g. an earlier start and end of shift or a change in the number of hours per day), so long as that change does not result in overtime liability to the City. Flexible work schedules also need to consider impacts on other City employees and should not impact their ability to carry out their primary duties.
7.4.5 The City has the discretionary right to alter work schedules without notice during emergency situations.
7.5 Alternative Work Schedule
As an alternative to the normal schedule described in the above section, employees may request and may be granted the option to participate in an Alternative Work Schedule. The decision of the City Manager regarding approving or denying Alternative Work Schedules is final and is not subject to any grievance procedure. The City Manager has the exclusive right to terminate the AWS for A.C.E. represented employees, individually and/or collectively. The City is in no way required to meet and confer with the A.C.E. prior to terminating the AWS and termination of the AWS is not subject to any grievance procedure. Participating employees will be provided written notification at least one (1) full pay period prior to termination of the AWS.
7.6 Exempt Employees
7.6.1 "Exempt Employee" shall be defined as any executive, administrative, or professional employee as defined by Fair Labor Standards Act (FLSA) that are exempt from the provisions described in Section 11.3
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(Overtime). Federal standards concerning exemptions from federal wage and hour laws shall be used as a guide in determining such exemptions.
7.6.2 Exempt Employees shall be designated by the City. Exempt employee work schedules shall be established by the City consistent with the needs of the City and the law.
Section 8. Layoff Policy
8.1 Definitions
For the purposes of this section:
8.1.1 Layoff: Separation of employees from the active work force due to change in the duties, change in the organization or shortage of work or funds.
8.1.2 Displaced Employee: A regular employee who is displaced by a more senior regular employee.
8.1.3 Service seniority: Consecutive time served (based upon number of hours worked) as a regular employee of the City. Service seniority will not be earned for standby duty, overtime work, during periods of suspension without pay as a result of disciplinary action, or for non-medical leave without pay. Service Seniority for unpaid military leave will be considered in the manner prescribed by State and Federal law.
8.1.4 Classification Seniority: The length of time (based upon the number of hours worked) the employee has served as a regular employee in a classification including any time spent in a higher classification.
Classification seniority will not be earned for standby duty, overtime work, during periods of suspension without pay as a result of disciplinary action, or for non-medical leave without pay. Classification Seniority for unpaid military leave will be considered in the manner prescribed by State and Federal law.
8.1.5 Higher classification: A job classification in the same classification series in which the maximum rate of pay is greater than the maximum rate of pay of the employee's current job classification.
8.2 Order of Layoff & Procedure
8.2.1 Whenever it is determined that a layoff must occur within a job classification, the order of layoff shall be:
(1) temporary/seasonal at-will
(2) hourly at-will
(3) probationary
(4) regular employee
8.2.2
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In each type of employment, the employee(s) with the least classification seniority in the affected job classification(s) shall be laid-off first.
8.2.3 In the event that two or more employees in a job classification have the same level of classification seniority, then the employee with the least service seniority with the City shall be laid-off. If there is no distinction between the service seniority of two or more employees, then additional factors may be considered to break the tie. Those factors include special skills and training and performance history. If the employees are still tied the tie shall be broken by lot.
8.3 Displacement Rights
8.3.1 An employee may displace any other employee in a lower classification which they previously occupied if they have more service seniority. For a job classification lower than that in which the employee holds regular status, seniority shall be calculated by adding: (1) classification seniority in higher classifications; (2) classification seniority in the job classification in which the employee previously worked, and (3) present time spent in the job classification in which the employee is currently working.
8.3.2 Employees who are designated for layoff or displacement may elect, in lieu of layoff or displacement, to be reassigned to a position in a lower classification. In order to displace an employee with less classification seniority, the employee noticed for layoff must have held regular status in the classification into which he/she is being reassigned. An employee who chooses to exercise their displacement rights must accept the salary, hours and working conditions of their new position. An employee will be allowed only one displacement.
8.3.3 An employee who exercises their displacement rights shall be paid in the new job classification the salary range step closest to the salary range step received immediately prior to displacement, providing there is no increase in salary. If the salary range step in the lower job classification is Step 5 or lower, future salary step adjustment opportunities shall be made in accordance with the City's Personnel Rules.
Time served in the job classification from which the displacement occurred shall count toward the interval required for consideration of salary step advancement.
8.3.4 If an employee with regular status is unable to displace an employee in a lower job classification in which he/she held a regular status, he/she shall be laid-off.
8.3.5 An employee may request layoff in lieu of the opportunity to displace by notifying the Human Resources Department in writing or email within ten (10) business days after receiving the City's certified mailing of notice of layoff. If an employee requests layoff in lieu of displacement, he/she shall forfeit all recall rights except to a vacancy in the same classification from which the employee was laid-off. In this case, the employee shall be entitled to recall rights for a period of one (1) year from the effective date of the layoff.
8.3.6
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A probationary employee who held regular status in his/her previous position, and is affected by a layoff or is displaced by an employee exercising his/her displacement rights, shall return to his/her former job classification where he/she held regular status. If a probationary employee does not have regular status in another job classification or has regular status in another job classification which no longer exists, or has less seniority than the person in the position, he/she will be laid-off without any right of recall.
8.3.75 Seniority List
At least ten (10) business days prior to mailing a written notice of layoff, the City shall provide a seniority list notice to affected employee(s) and the current President of the A.C.E. bargaining unit. The seniority list notice shall show the names, classification, classification seniority, service seniority, and the process for reporting discrepancies. The seniority list shall be deemed correct unless an employee or the A.C.E. notifies the City Manager to the contrary in writing within ten (10) business days of the delivery and/or mailing of the seniority list.
8.4 Notification of Layoff
The City shall send by certified mail, return receipt requested, written notice of layoff to all affected employee(s). Such notice shall be postmarked at least thirty (30) calendar days in advance of the effective date of layoff. The layoff notice shall be mailed to the employee's address currently on file in the Human Resources Department and shall be deemed appropriate notice. Any employee who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this section and in the same manner as all other employees. With such notice, the employee shall be informed of the rights to which she/he is entitled and the procedure to be followed. A copy of the notice shall also be provided to the current President of A.C.E.
8.5 Re-Employment Following Layoff/Displacement
8.5.1 When a vacancy occurs in a job classification within one year or less, the laid-off or displaced employee(s) eligible to return to that job classification shall be recalled in the inverse order of layoff.
Employees with regular status who were laid-off or displaced are eligible to return to the job classification in which regular status is held, but shall have no recall rights to any job classification in which probationary status was held at the time of layoff or displacement.
8.5.2 Employee(s) shall be entitled to re-employment rights for a period of one (1) years from the effective date of layoff or displacement. To expedite re-employment, more than one (1) laid-off/displaced employee may be notified when an opening occurs. The laid-off/displaced employee(s) will be re-hired in inverse order of layoff. A laid-off/displaced employee shall be required to meet the qualifications of the classification to which he/she is recalled.
8.5.3 An employee who exercises their re-employment rights shall be paid the salary range step they received immediately prior to layoff/displacement. Future salary step adjustment opportunities shall be made in accordance with the City's Personnel Rules. Time served in the job classification since the most recent step increase prior to when the layoff/displacement occurred, shall count toward the interval required for consideration of salary step advancement.
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8.5.4 A laid-off/displaced employee shall lose their re-employment rights for: 1) resignation; 2) retirement; 3) failure to return to work when recalled by the City; 4) when the City has not recalled an employee to work for a period of one (1) year; or 5) termination for cause.
8.5.5 Laid-off Employees
The effective date of layoff shall be the employee's last day working at the City. When a vacancy exists and employees are to be re-employed, notice of the opening(s) shall be sent by email with return receipt or certified mail, return receipt requested, to the last known address on file in the Human Resources Department. It shall be incumbent upon the laid-off employee to advise the Human Resources Department in writing, via certified mail, return receipt requested, of any change in address, The laid-off employee shall have ten (10) business days, following the certified mailing to notify the City in writing, via certified mail, return receipt requested, of their intent to return to work.
8.5.6 The laid-off employee shall have a reasonable period of time to return to work, not to exceed thirty (30) calendar days. If the laid-off employee fails to respond to the notice of re-employment within ten (10) business days, or fails to report to work within the reasonable time period as set forth above, he/she will forfeit all re-employment rights.
8.5.7 Displaced Employees
The effective date of displacement shall be the employee's last day of work in the classification from which he/she is displaced. When a vacancy exists and displaced employees are to be re-employed, notice of the opening(s) shall be sent by certified mail, return receipt requested, to the last known address on file in the Human Resources Department or by hand delivery. It shall be incumbent upon the displaced employee to advise the Human Resources Department in writing of any change in address.
The displaced employee shall have five (5) business days, following receipt of certified mailing or hand delivery of notice, to advise the City in writing of their intent to return to their former position. If the displaced employee fails to respond to the notice of re-employment to former position within five (5) business days of receipt of notice, he/she will forfeit all re-employment rights to his/her former position.
Section 9. Outside Employment
The City and A.C.E. agree that outside employment of full time A.C.E.-represented employees shall be governed by California Government Code Sections 1125 -1128 and the City Personnel Rules.
Section 10. Reclassification
A.C.E. recognizes the possible need that the City may reclassify positions from time to time. The City agrees to meet and confer on the impacts and effects on any change that triggers bargaining obligations.
Section 11. Salary
11.1 A.C.E. salaries are reflected in the salary schedules listed in Appendix A.
11.2 Salary Increases
11.2.1 Effective in the first full pay period following July 1, 20203 or in the first full pay period following ratification and approval of this MOU, whichever is later, the City will provide a three four percent (34%)
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salary increase for all bargaining unit members, plus a one-time off-schedule bonus equivalent to three percent (3%). The bonus shall be prorated for less than FTE.
11.2.2 Effective In the first full pay period of July 2024,1 the City will provide a four percent (4%) one and one half percent (1.5%) salary increase for all bargaining unit members.
11.2.3 Effective in the first full pay period of July 20225, the City will provide a four a two percent (24%) salary increase for all bargaining members.
11.3 Overtime
Overtime is scheduled solely at the discretion of the City. Overtime shall be paid to non-exempt employees based on time actually worked in accordance with the law.
11.3.1 Compensatory time may be authorized by the City based on the needs of the City. Compensatory time cannot be used in the pay period in which it is earned. Compensatory time off shall not be regarded as hours worked for the purposes of overtime calculation.
11.3.2 The Department Director or City Manager may permit an employee to take compensatory time in lieu of paid overtime if authorized by the City. With Department Director approval, employees shall be permitted to accumulate compensatory time only to a maximum of sixty (60) hours.
11.3.3 Compensatory time off credited to an employee, which is not taken within twenty-six (26) pay periods following the pay period in which the overtime is worked, shall be paid to the employee at the appropriate rate.
11.4 Deferred Compensation
A City program of deferred compensation shall be available to A.C.E. represented employees. The City retains the right to make decisions regarding the available plan and makes no representation on the merit of the plan or any of the investment products or instruments which may be offered by the plan.
The responsibility for evaluating the investment options within the plan is the responsibility of the individual participant. The City shall not be obligated to offer more than one Deferred Compensation carrier.
11.5 Out-of-Classification Pay
11.5.1 The City and A.C.E. agree that it is the intent of City management, whenever possible, to avoid working an employee out of classification for a prolonged period of time. Compensation for out-of-classification work shall be an additional 10% of the regular pay of the employee's permanent classification or the first step of the higher classification, whichever is greater. Out-of-Classification Pay applies only to actual time worked and does not apply to paid leaves.
11.5.2
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Employees appointed to work out-of-class will receive out-of-classification pay beginning the first day of the out-of-classification assignment.
11.5.3 For purposes of this section, an out-of-classification assignment is defined as the full-time performance of the essential functions of an authorized, funded, permanent position in another classification by a qualified employee. "Essential functions" shall be as defined in the Essential Functions section of the appropriate job specification.
11.5.4 Any employee who believes they are working out-of-class may request a review of their classification.
11.5.5 Training programs mutually agreed to by the City and A.C.E. which are designed to enhance and/or provide career development opportunities shall not be subject to this provision.
11.5.6 Excluded from this provision are all employees whose classification description explicitly includes regularly assuming administrative and/or supervisory responsibilities in the absence of another.
11.6 Car Allowance
Upon approval by the City Manager, classifications in this unit that regularly use their personal vehicle for work purposes shall be entitled to a car allowance consistent with estimated vehicle use. The City shall continue to pay a monthly allowance of $400 per month to employees who were hired on or before June 30, 2020 for operation, use and maintenance of a vehicle and equipment in the pursuit of City business. This allowance shall be the sole compensation for all expenses incurred for such automobile(s), and equipment, including purchase or lease costs, fuel and operation cost and maintenance expenses. The selection of vehicle and equipment shall be at the discretion of the employee, except the City Council reserves the right to not disallow use of a vehicle or equipment detrimental to the image of the City. The classification of Building Official shall be entitled to a car allowance consistent with estimated vehicle use. Current employees who do not receive this allowance and all other employees hired on or after July 1, 2020 shall not be eligible for a car allowance.
11.7 Certificate/Membership/License Renewals
With prior permission from the City Manager, tThe City shall continue to reimburse bargaining unit employees for the following Certificates/Memberships/Licenses if regularly used by the employee as part of their job duties at the City:
• American Planning Association and American Institute of Certified Planners (AICP) • State of California Professional Engineering License
• International Code Council certifications for inspections, plan review, and Certified Building Official
• Certified Municipal Clerk
• Master Municipal Clerk
• Notary Public
Section 11.8 Bilingual Premium Pay
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With prior permission from the City Manager, bargaining unit employees who customarily and routinely are required to use communication skills in a language other than English in the performance of their duties are entitled to 5% of their base rate of pay, paid in equal installments each pay period upon passing a test administered by a provider chosen by the City. The City shall determine when to provide testing and re-testing opportunities as needed.
The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 C.C.R., Sections 571(a)(4) and 571.1(b)(3) as Bilingual Premium.
Section 12 Tuition Reimbursement Program
12.1 The City will reimburse A.C.E. employees up to $1,500 per fiscal year toward the cost of books, university/school fees (except parking) and tuition for approved courses taken at accredited universities and colleges including community colleges. Tuition reimbursement shall be available for additional professional development classes, workshops and conferences if approved by the City Manager.
12.2 The reimbursement shall be only for courses that are directly related to the employee's position as determined by the City Manager, including general education courses that are generally related to attainment of a job-related degree or certification. General education courses not generally related to the employee's position will not be eligible for reimbursement. Reimbursement shall be taxed pursuant to State and Federal regulations.
12.3 Application for tuition reimbursement shall be made to the City before the course begins. Prior to reimbursement of costs, all course work must be completed with a passing grade of "C" or equivalent when numerical score or pass/fail is given. Official transcripts will be required for verification.
12.4 Any employee who terminates employment with the City within one (1) year from the completion of a class or classes, for which tuition reimbursement was paid shall refund all tuition paid under this provision, unless required to attend by the appointing authority. This section shall not apply in cases involving disability, layoff, or death of the employee, or other unforeseen circumstances as approved by the Appointing Authority on a case-by-case basis.
Section 13. Holidays
13.1 The following shall be observed as seven (7) hour holidays for members of the unit:
January 1st (New Year's Day)
The 3rd Monday in January (Martin Luther King's Birthday) The 3rd Monday in February (President's Day)
The last Monday in May (Memorial Day)
June 19th (Juneteenth)
July 4th (Independence Day)
The 1st Monday in September (Labor Day)
The 2nd Monday in October
November 11th
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Thanksgiving Day
The Friday following Thanksgiving Day
December 25th (Christmas Day)
December 24th (Christmas Eve Day)
The last Four (4) hours of the workday on December 31
Every day declared a holiday by the President or Governor, subject to the Mayor also proclaiming the day as a holiday.
13.2 Holidays which fall on Saturday shall be observed on the Friday prior, and holidays which fall on Sunday shall be observed on the following Monday.
13.3 Holiday Compensation
13.3.1 Employees will receive seven (7) hours of regular pay on a City-recognized holiday. If the employee's scheduled day off occurs on a City- recognized holiday, the employee will receive seven (7) hours of straight-time holiday pay. In lieu of receiving seven (7) hours of straight-time holiday pay, an employee may elect to receive seven (7) hours of floating holiday hours.
13.3.2 Employees Assigned to Work on a Holiday
Employees who are required to work on a City-recognized holiday will receive their regular salary, plus seven hours of in lieu holiday time at the regular rate of pay which must be taken as holiday time off or be paid out within the pay period.
Section 14. Workers' Compensation
14.1 Workers' Compensation benefits shall be provided in accordance with State and Federal law.
14.2 Employee Assistance Program
The City shall contract with an outside provider to offer an Employee Assistance Program to the employees. Said program shall at the minimum offer mental health services. Premium shall be paid by the City.
14.3 Unemployment Insurance
The City will provide State mandated benefits as required by law.
Section 15. Family Medical Insurance and Cash in Lieu Plan Employees may participate in either the Family Medical Insurance Plan or the Cash In-Lieu Plan.
Employees shall select either the Family Medical Insurance Plan or the Cash In-Lieu Plan annually during the City's open enrollment period, or at any other time permitted by the Public Employees' Medical and Hospital Care Act (PEMHCA), such as a qualifying event (e.g., birth of a child, marriage, spouse losing medical insurance, etc.).
15.1 Medical Benefits
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Each full-time employee of the City shall receive medical benefits for the employee from the City at the expense of the City. Such benefits shall be paid at the PERS Choice level. In the event an employee desires to obtain insurance which is more expensive than the City’s contribution, PERS Choice or to obtain medical insurance for a family member, the employee may obtain such insurance if the employee pays the difference in cost between the City’s contribution PERS Choice and the selected insurance.
15.2.1 Effective January 1, 2024, the City shall pay the following at each rate of coverage (Employee Only, Employee plus 1, and Employee plus family):
Employee only: $1,200
Employee + 1: $1,500
Employee + Family: $1,700
15.2.2 Effective January 1, 2025, the City shall pay the following at each rate of coverage (Employee Only, Employee plus 1, and Employee plus family):
Employee only: $1,200
Employee + 1: $1,550
Employee + Family: $1,750
15.2.3 Effective January 1, 2026, the City shall pay the following at each rate of coverage (Employee Only, Employee plus 1, and Employee plus family):
Employee only: $1,200
Employee + 1: $1,600
Employee + Family: $1,800
Any significant changes to the Medical Benefits provided herein shall be negotiated by the parties before being implemented.
15.2 Fringe Benefits Allowance
Each full-time employee of the City shall receive medical benefits allowance of up to $700.00 per month.
This allowance may be used by the City to purchase any of the benefits listed below on behalf of the employee on the basis of an election by the employee.
15.2.1 For employees hired on or before June 30, 2020: If the cost of the benefits elected by the employee is less than the amount of the allowance the remaining amount may, at the employee's election, be paid as salary. If the employee does not make such an election, the remaining amount shall be deposited in the City's deferred compensation program in the employee's account. The City shall have the right to approve or reject any provider's for benefits herein listed:
1. Medical Insurance
2. Dental Insurance
3. Vision Insurance
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4. Life Insurance
5. Deferred Compensation
15.2.2 Employees hired on or after July 1, 2020 shall not be entitled to cash back as specified in 15.2.1 above.
15.3 Social Security (FICA)
The City shall pay the employer's contribution for FICA Social Security as established by Federal Law and as it applies to all full time and part time employees.
15.4 Permanent Part Time Employees
It is the policy of the City that part-time employees shall receive a pro rata share of direct benefits provided regular employees based on actual hours worked per month related to the normal thirty-five (35) hour week. "Permanent Part-Time" shall be defined as twenty (20) hours or more per week for a minimum of Fifty-two (52) continuous weeks. "Direct Benefits" as used herein are defined as retirement, Social Security, health, dental, and life insurance, vacation and sick leave.
15.5 Cash in Lieu Plan
Employees who opt out of benefits in accordance with the law will be eligible for cash in lieu as specified in this section.
Employees who choose to receive the cash in lieu must first show proof of alternative minimum essential medical coverage for the employee and employee's tax family (individuals for whom the employee expects to claim a personal exemption deduction). Individual coverage, and individual coverage from Covered California does not qualify as alternative minimum essential coverage under this section. Employees must provide reasonable evidence of alternative minimum essential coverage each plan year, during open enrollment. The City will not make the cash payment if it knows or has reason to know that the employee or tax family does not have alternative minimum essential coverage. Any amount received in cash is taxable. Employees choosing to receive taxable cash will have the option of receiving it in two equal amounts in December and June, or the first two paychecks of each month (24 times a year).
15.5.1 Employees shall be provided a cash in lieu for medical benefits of $400 per month ($4,800 annually).
15.6 Retiree Health
City shall provide Retiree Health Benefits per the current contract with PERS, City Resolutions and the Personnel Rules. Retiree Health benefits shall be eliminated for all employees hired on or after ratification and approval of this Agreement. Employees who are not eligible for retiree health shall receive the PEMCHA minimum as required by CalPERS.
Section 15.7 Reopener
The parties agree that the City should not cover medical insurance costs for employees or their dependents if the employee or their dependents are already enrolled in alternative essential medical coverage from a source other than the City. To provide the City with time to explore its options with regard to addressing this issue, the parties agree the City has the right to reopen this contract to meet and confer on ways to address this issue.
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Section 16. Public Employees' Retirement System (PERS)
16.1 Retirement Formulas
16.1.1 Classic CalPERS members
For eligible Classic CalPERS members hired on or before June 30, 2020, the City shall pay the EMPLOYEE's and EMPLOYER'S contribution and provide the 2% at age 55 plan with the 36 consecutive month's final compensation provision, as established by the contract between the City of Monte Sereno and the PERS Board of Administration authorized by Ordinance NO. NS-1, adopted on April 1, 1980. This Resolution is materially the same as that recommended by the Public Employees' Retirement System to implement the provisions of 414 (h)(2) of the Internal Revenue Code (IRC). Classic Members who are hired on or after July 1, 2020 shall not be eligible for this EPMC benefit and employees shall be responsible for paying their employee share towards CalPERS retirement benefits in accordance with the law.
16.1.2 PEPRA CalPERS members
For those Members hired on or after January 1, 2013, or new to the CalPERS system (PEPRA Members), the City shall provide the 2% at 62 plan with the 36 consecutive month's final compensation provision for those members in accordance with State law. The contribution for new members shall be shared in accordance with State law. The employee shall also pay the employee retirement contribution.
Section 17. Benefits Accrual/Payment
There shall be no accrual or payment of benefits during unauthorized leave, suspension without pay, or leave without pay except as mandated by the state or federal law.
Section 18. Vacation and Leaves
18.1 Vacation Scheduling
All vacation scheduling is subject to the approval of the City. Employees are required to request time off in advance. The earlier requests are submitted, the greater likelihood the request will be honored.
Full time employees shall accrue a proportional rate of vacation leave after one month of full-time service and each month thereafter.
18.2 Vacation Accrual
All employees hired by the City and represented by A.C.E. during the term of this agreement shall accrue vacation hours as follows:
0 to 48 months 5.83 hours/month 10 days per year
49 to 108 months 8.75 hours/month 15 days per year
109 to 239 months 11.67 hours/month 20 days per year
240 & over 14.58 hours/month 25 days per year
18.2.1 Exempt Employee Vacation Accrual
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The City Manager has the discretion to establish starting vacation time for new hire exempt employees based on experience up to a maximum of 20 days and in 5-day increments. Those hired outside of the accrual schedule in Section 18.2 above will not accrue additional vacation until they pass that point in time above which they would normally get an increase.
18.2.2 Vacation Accumulation
Vacation leave may be accumulated to a maximum of (25) days (equivalent to 175 hours). When the accrual cap of 25 days (175 hours) is reached an employee will cease to earn vacation until they are under the cap.
18.2.3 Vacation Cash-Out
Earned accumulated vacation shall be paid out upon separation from employment.
18.3 Sick Leave Benefits
Sick Leave Benefits are provided under section 902 in the Personnel Handbook.
18.4 Personal Leave
Exempt employees hired on or before June 30, 2020 are eligible for an additional thirty-five (35) hours of personal leave for each year. Personal leave may not be accumulated from year-to-year nor is it subject to cash-out at any time.
18.5 FMLA/CFRA/PDL
FMLA, CFRA and PDL benefits are provided under sections 902, 903 or 904 in the Personnel Handbook.
18.6 Bereavement Leave
1. Upon the death of a family member, employees are entitled to five seven-hour days of paid bereavement leave. For purposes of this section, “family member” means parent/parent-inlaw, spouse/domestic partner, child, grandchild, dependent, sibling, and grandparent/grandparent-in law.
2. Days of bereavement leave need not be consecutive, but shall be completed within three months of the date of the death of the family member.
3. If requested by the City, the employee, within 30 days of the first day of the leave, shall provide documentation of the death of the family member. This "documentation" includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
4. This section is not subject to the grievance procedure set forth in this MOU.
A maximum of thirty-five (35) hours is available for death of each member of the immediate family.
Immediate family is defined as parent, spouse/domestic partner, child, grandchild, dependent, sibling, and grandparent by blood or marriage.
18.7 Military Leave
Military Leave benefits are provided under section 904.4 in the Personnel Handbook.
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18.8 Jury Duty
Jury Duty benefits are provided under section 904.1 in the Personnel Handbook.
18.9 Leave Without Pay
Leave Without Pay benefits are provided under section 904.7 in the Personnel Handbook.
18.10 Leave Balances
18.10.1 Vacation, and compensatory time off will be paid off upon separation from employment at 100% value effective the last full workday with the City.
18.10.2 In the event of an employee's death, accrued vacation and compensatory time leave balances shall be paid to the employee's estate. Sick leave shall be paid to the estate per Section 18.,4.1.
Section 19. Grievance Procedure
Grievances shall be defined as alleged violations of this Agreement or disputes regarding interpretations, application, or enforcement of this Agreement, any subject contained in the Handbook that is referenced in this Agreement and all past practices that are within the scope of bargaining.
No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within twenty (20) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred.
19.1 The parties agree that all grievances will be processed in accordance with the following procedure:
(a) Step I Informal Resolution with Supervisor: The employee must first work in good faith to resolve the grievance informally through discussion with his/her immediate supervisor no later than 20 days after the grievant first became aware of the facts or circumstances resulting in the filing of the grievance.
(b) Step II Finance/Administrative Services Officer: If the employee believes that the grievance has not been resolved through Step I, the employee may submit a written Statement of the Grievance to the Finance/Administrative Services Officer. The Finance/Administrative Services Officer shall consider, discuss the grievance with the grievant, and/or investigate as he/she deems appropriate, and shall, within 14 days of receipt of the written Statement of the Grievance, submit his/her decision in writing to the grievant.
(c) Step III City Manager: If the employee believes that the grievance has not been resolved through Step II, the employee may appeal the grievance decision of the Finance/Administrative Services Officer to the City Manager. Such appeal must be filed within 14 days of the date of the Finance/Administrative Services Officer’s written decision. The City Manager shall consider, discuss the grievance with the grievant, and/or investigate as he/she deems appropriate, and shall, within 14 days of receipt of the written Statement of the Grievance, submit his/her decision in writing to the grievant.
The decision of the City Manager shall be final.
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19.2 The time limitations for filing and responding to grievances may be waived or extended by written mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at City Manager appeal levels. Employees may be represented by counsel or other person at any stage in the grievance process. The decision of the City Manager shall be final and binding on the parties.
Section 20. Miscellaneous Issues
20.1 Benefit Application
20.2 Personnel Rules
It is the City's intent to make the Personnel Rules readily available. In this regard the Rules will be available online in the Personnel Handbook and in the City Clerk's Office.
20.3 Disciplinary Rules: Shall be contained in the Personnel Handbook Section 21. Closure Days with Paid Leave Allowed
A.C.E. understands that the City Manager, for budgetary constraints or for operational efficiency, may close all nonessential services and permit employees to use paid leaves. For example, the City Manager may institute the closure of nonessential services between the Christmas and New Years' holidays. The following sections apply to such a short term closure only if authorized by the City Manager:
21.1 Employees required to perform essential services and scheduled to work on the Closure Days will receive straight time pay for hours worked, unless the hours worked qualify for overtime pay (over 40 hours actually worked in a week for non-exempt employees).
21.2 At their election, employees who are not scheduled to work may utilize accrued paid vacation, compensatory time off, or personal leave to cover the closure hours. Leave must be requested in the manner provided in the MOU.
21.3 While employees have the option to utilize paid vacation, compensatory time off, or personal leave, they are also permitted to take leave without pay (LWOP). Employees who take LWOP will maintain their health, life and disability insurance, as well as any medical cash allocations. Employees who utilize LWOP will not accrue sick leave, vacation or CalPERS credit while on LWOP.
21.4 If an employee requests to work during the closure days due to hardship (e.g., the employee is out of leave and is financially unable to take time without pay), the Department Director will first try to assign the employee in their own department. If a suitable assignment is not available in the employee's own department, the City Manager maintains the management right to place the employee in an alternative assignment for the closure period assignment unless there is a concern about the safety of the employee that cannot be adequately addressed. However, the City Manager maintains the management
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right to place the employee in an alternative assignment for the closure period or place the employee on unpaid leave.
21.5 The City Manager maintains the management right to determine essential and nonessential services.
Section 22. Successor MOU
The City and A.C.E. agree that an initial meet and confer regarding the negotiations for a successor MOU shall take place no later than 120 days prior to the termination date of the current Memorandum of Understanding.
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APPENDIX B – Place Holder for New Resolution
Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 1 Admin Clerk I/Maintenance
(part time 1,092 hours) (hourly) $28.84 $30.22 $31.61 $32.99 $34.38 2 Administraitve Clerk II $4,449.87 $4,672.37 $4,905.97 $5,151.28 $5,409.48 3 Admin Clerk II/Asst. ti the City Manager $6,029.47 $6,330.96 $6,647.50 $6,979.87 $7,328.86 4 Admin Clerk II/Deputy City Clerk $6,029.47 $6,330.96 $6,647.50 $6,979.87 $7,328.86 5 Associate Planner $6,719.85 $7,082.40 $7,444.93 $7,807.89 $8,169.98 6 Building Official $12,451.33 $13,073.88 $13,727.58 $14,414.26 $15,135.00 7 City Clerk $10,050.57 $10,963.85 $11,512.20 $12,088.91 $12,693.36 8 City Clerk/Assistant City Planner $10,050.57 $10,963.85 $11,512.20 $12,088.91 $12,693.36 9 City Engineer $12,451.33 $13,073.88 $13,727.58 $14,414.26 $15,135.00 10 City Planner $12,451.33 $13,073.88 $13,727.58 $14,414.26 $15,135.00 11 Finance Officer $12,451.33 $13,073.88 $13,727.58 $14,414.26 $15,135.00 12 Management Analyst Planner $7,760.68 $8,184.77 $8,608.84 $9,032.90 $9,456.97 13 Public Works Director $12,565.12 $13,073.88 $13,727.58 $14,414.26 $17,134.26 14 Finance Officer/Facility Manager $11,296.47 $11,862.72 $12,455.85 $13,078.63 $13,732.56 Monte Sereno Salary Schedule
Effective July 1, 2023 (4% increase)
Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 1 Admin Clerk I/Maintenance
(part time 1,092 hours) (hourly) $29.99 $31.43 $32.87 $34.31 $35.76 2 Administraitve Clerk II $4,627.86 $4,859.26 $5,102.21 $5,357.33 $5,625.86 3 Admin Clerk II/Asst. ti the City Manager $6,270.65 $6,584.20 $6,913.40 $7,259.06 $7,622.01 4 Admin Clerk II/Deputy City Clerk $6,270.65 $6,584.20 $6,913.40 $7,259.06 $7,622.01 5 Associate Planner $6,988.64 $7,365.70 $7,742.73 $8,120.21 $8,496.78 6 Building Official $12,949.38 $13,596.84 $14,276.69 $14,990.84 $15,740.40 7 City Clerk $10,452.59 $11,402.40 $11,972.68 $12,572.46 $13,201.09 8 City Clerk/Assistant City Planner $10,452.59 $11,402.40 $11,972.68 $12,572.46 $13,201.09 9 City Engineer $12,949.38 $13,596.84 $14,276.69 $14,990.84 $15,740.40 10 City Planner $12,949.38 $13,596.84 $14,276.69 $14,990.84 $15,740.40 11 Finance Officer $12,949.38 $13,596.84 $14,276.69 $14,990.84 $15,740.40 12 Management Analyst Planner $8,071.10 $8,512.16 $8,953.19 $9,394.22 $9,835.25 13 Public Works Director $13,067.73 $13,596.84 $14,276.69 $14,990.84 $17,819.63 14 Finance Officer/Facility Manager $11,748.33 $12,337.23 $12,954.09 $13,601.78 $14,281.86 Monte Sereno Salary Schedule
Effective July 1, 2024 (4% increase)
Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 1 Admin Clerk I/Maintenance
(part time 1,092 hours) (hourly) $31.19 $32.69 $34.18 $35.68 $37.19 2 Administraitve Clerk II $4,812.98 $5,053.63 $5,306.30 $5,571.62 $5,850.89 3 Admin Clerk II/Asst. ti the City Manager $6,521.48 $6,847.56 $7,189.94 $7,549.42 $7,926.89 4 Admin Clerk II/Deputy City Clerk $6,521.48 $6,847.56 $7,189.94 $7,549.42 $7,926.89 5 Associate Planner $7,268.19 $7,660.32 $8,052.44 $8,445.02 $8,836.65 6 Building Official $13,467.36 $14,140.71 $14,847.75 $15,590.47 $16,370.01 7 City Clerk $10,870.70 $11,858.50 $12,451.59 $13,075.36 $13,729.13 8 City Clerk/Assistant City Planner $10,870.70 $11,858.50 $12,451.59 $13,075.36 $13,729.13 9 City Engineer $13,467.36 $14,140.71 $14,847.75 $15,590.47 $16,370.01 10 City Planner $13,467.36 $14,140.71 $14,847.75 $15,590.47 $16,370.01 11 Finance Officer $13,467.36 $14,140.71 $14,847.75 $15,590.47 $16,370.01 12 Management Analyst Planner $8,393.95 $8,852.65 $9,311.32 $9,769.98 $10,228.66 13 Public Works Director $13,590.44 $14,140.71 $14,847.75 $15,590.47 $18,532.42 14 Finance Officer/Facility Manager $12,218.26 $12,830.72 $13,472.25 $14,145.85 $14,853.13 Monte Sereno Salary Schedule
Effective July 1, 2025 (4% increase)
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
ADOPTING MEMORANDUM OF UNDERSTANDING WITH MONTE SERENO
ASSOCIATION OF CITY EMPLOYEES
WHEREAS, the Meyers Milias Brown Act, Government Code section 3500, et seq., (the “Act”) governs relations between a local agency and its employees; and WHEREAS, the City has recognized the Monte Sereno Association of City Employees (“Association”) as a bargaining unit, and has participated in collective bargaining with the Association in the manner prescribed by the Act;
WHEREAS, the members of the Association have voted to approve the proposed Memorandum of Understanding, dated as of June 1, 2023;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that the Memorandum of Understanding between the City of Monte Sereno and the Association is hereby approved.
BE IT FURTHER RESOLVED that this Resolution becomes effective immediately upon adoption and becomes the binding agreement between the City and the Monte Sereno Association of City Employees superseding all previous resolutions governing employee wages, benefits and other terms and conditions of employment, including without limitation Resolution No. 3749 and Resolution Nos. 694.20 through 694.25.
REGULARLY passed and adopted this 6th day of June, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Bryan Mekechuk, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
OAK #4832-5330-2721 v1
STAFF REPORT
Meeting: City Council - Jun 06 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Consider Adoption of a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance
Recommendation(s):
Staff recommends that the City Council adopt a resolution declaring hazardous vegetation (brush) a public nuisance.
Background Information:
The City annually declares hazardous vegetation (brush) a public nuisance due to fire danger and enters into a contract (along with other municipalities) with Santa Clara County to abate the hazardous vegetation (brush) not removed by property owners. The focus of this program is the identification of perennial vegetation, brush, trees, and shrub in designated high fire hazardous areas.
The Santa Clara County Fire Department implements and manages a hazardous brush abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its jurisdictional boundaries, which includes the incorporated areas of Monte Sereno, to provide defensible space for structures.
The City annually adopts the Hazardous Vegetation (Brush) Abatement Program and works with the County who serves as the enforcement agent and conducts their own inspections.
In February of each year, homeowners are notified that they must remove native brush and vegetation from around their home to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning early April each year. If properties are found to not be in compliance with the regulations found in the California Fire Code relative to vegetation clearance, they are given notice of the violation. If compliance is still not achieved by approximately the end of June each year, a contractor is authorized to perform the necessary work.
The costs associated with the abatement work are then placed on the property tax bill for that parcel.
At this time, no properties within the City of Monte Sereno have been identified as noncompliant. However, staff recommends adopting the resolution to continue to declare hazardous vegetation (brush) a a public nuisance in the City.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
Drafted Resolution
Exhibit A - Wildland Urban Interface Fire Area Map
Exhibit B - Non-Compliant Parcels
RESOLUTION NO. 23-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT
WHEREAS, Sections 39501 et seq. authorizes the City of Monte Sereno to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person’s failure to do so, to remove or abate such hazardous vegetation (brush) at the owner’s expense, making the cost of that abatement a lien upon the property, and
WHEREAS, the City of Monte Sereno has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the City of Monte Sereno in the Hillside Areas identified and shown on the “Wild Land Urban Interface Fire Area” map (Exhibit A) constitutes a public nuisance and should be abated immediately; WHEREAS, the Fire Department has mailed notices to property owners set forth in Exhibit B in the Wildland Urban Interface Fire Area notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Monte Sereno, and the City Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Hazardous vegetation (brush) is known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon.
Unabated growth of hazardous vegetation (brush) upon and adjacent to private property within the Wildland-Urban Interface Fire Area and adjacent parkways and sidewalks is a public nuisance, and should be abated.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monte Sereno, California, held on the 6th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By __________________________________
Bryan Mekechuk, Mayor
ATTEST:
__________________________________
Gloisy Gonzalez-Langarica, City Clerk
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APN# APN#
Wildland Urban Interface (WUI) Enforced Safety Regulations 2022 Non-Compliant Properties
CITY OF MONTE SERENO
The City of Monte Sereno currently has zero properties reported as non-compliant with the Wildland Urban Interface (WUI) enforced safety regulations.
MS Council Report Mekechuk 23 06 02 Page 1
COMMITTEE AND COMMISSION REPORTS
MAYOR BRYAN MEKECHUK
06/02/23
Sundry Meetings
▪ Attended:
– With Silicon Valley Clean Energy staff and four other directors, California Community Choice Aggregator Conference in San Diego 05/17 to 05/19/23
▪ Attending:
– For Silicon Valley Clean Energy, ribbon cutting of Casa Diablo IV geothermal plant in Mammoth Lakes on 06/08 to 06/09/23
– Stanford University Energy Facility tour on 06/15/23
– Seniors of Distinction Awards on 06/22/23 at The Terraces in Los Gatos Silicon Valley Clean Energy
Director
▪ Last meeting was on 05/10/23
– Approved and appointed sixth member to Executive Committee – Received digital engagement update
▪ Next monthly meeting is Wednesday, 06/14/23, in Cupertino Chair, Audit Committee
▪ Next meeting is in August 2023
▪ SVCE’s year end is September 30
Vice Chair, Executive Committee
▪ Last meeting was in person on 05/26/23
– Preview of Board issues for 05/10/23 Board meeting
▪ Next monthly meeting is Friday, 06/23/23 at SVCE headquarters Member, Legislative Ad Hoc Committee
▪ First meeting was on 03/29/23
▪ Next meeting is 06/21/23
Risk Oversight Committee
▪ Last meeting was on 05/24/23
– Next monthly meeting is 06/28/23
West Valley Clean Water Management Authority
Chair
▪ Met on Thursday, 05/04/23 at Monte Sereno City Hall at 4:00 pm:
– Conducted a public hearing and adopted a resolution to allow the Authority to place the current storm sewer fees on the 2023-2024 Santa Clara County Secured Property Tax Roll
MS Council Report Mekechuk 23 06 02 Page 2
– Approved an agreement with SCI Consulting to conduct a public opinion poll to measure the community priorities and willingness to support a new increase in the stormwater property-related fee
– Adopted its FY2023-24 Operating Budget and Work Plan of $1,056,000, which was an increase of approximately 1% over FY2022-23 (Monte Sereno’s portion of the budget is approximately 3% or $33,000)
▪ Next quarterly meeting is Thursday, 09/07/23 at Monte Sereno City Hall at 4:00 pm West Valley Solid Waste Joint Management Authority
Chair
▪ Met on Thursday, 05/04/23 at Monte Sereno City Hall at 5:00 pm – Approved the Authority’s FY 23-24 Budget
– Ratified Waste Management’s disposal/processing and WVC&R’s collection contractual rate adjustments
– Provided direction to design a Non-Exclusive C&D Program, regulating collection contactors and processing facilities
▪ Next quarterly meeting is Thursday, 09/07/23 at Monte Sereno City Hall at 5:00 pm Cities Selection Committee
Vice Chair
▪ Next meeting TBD in 2024
Recycling and Solid Waste Reduction Commission
Member
▪ Next meeting is 06/28/23 (meets on fourth Friday of even numbered months) – Will meet remote using Monte Sereno City Hall as a satellite office available for public comment Valley Transportation Authority
Member, Policy Advisory Committee
▪ Next monthly meeting was cancelled (scheduled for 06/08/23 at 4:00 pm in person) West Valley Mayors & Managers
▪ Last meeting was on 05/24/23 in Saratoga
– Next meeting is 06/28/23
Mayors of Santa Clara County Meeting
Matt Mahan Mayor of San Jose
▪ Next meeting is June 2023
Association of Bay Area Governments (ABAG)
Delegate Monte Sereno
▪ General Assembly meeting on 06/16/23 at 11:00 am in person in San Francisco
MS Council Report Mekechuk 23 06 02 Page 3
City of Monte Sereno
Youth Commission – Alternate
▪ Completed for the year
▪ Next meeting is in September 2023
Community Center Committee
▪ Special Joint Meeting with City Council was on 04/06/23 ▪ Next meeting to be scheduled
▪ Working with a Youth Commissioner on scoping an Eagle Scout project to develop, conduct and summarize activities (programs) for the Community Center S-Curve Ad Hoc Committee
▪ Met on site with Rowena Turner on 05/31/23
▪ Reporting to City Council on 06/06/23
Finance Ad Hoc Committee
▪ No meetings to date
IT Ad Hoc Committee
▪ No meetings to date
Liaison – Better Streets Commission
▪ Next meeting is Thursday, 06/08/23 at 7:00 pm at Monte Sereno City Hall – Unable to attend meeting due to ribbon cutting in Mammoth Lakes ▪ Coordinating with Chair Liz Lawler