Agenda packet, regular meeting, second session — Nevada City City Council, June 22, 2022 (part 2 of 2)

Administrative Leave may be requested and scheduled, subject to approval of the City Manager. Administrative Leave may not be accrued, accumulated or carried over from year to year. Any unused Administrative Leave remaining at the end of a fiscal year shall be forfeited.

ARTICLE 18: LONGEVITY PAY.

Each employee who has been employed with the City for 15 years shall receive an additional 5% above their base pay.

ARTICLE 19: LICENSES/CERTIFICATE INCENTIVE PAY.

The City shall establish one 1.25% special certificate pay incentive and one 2.5% special certificate pay incentive pay per classification by January 1, 2023. The maximum total incentive pay for special certificate pay is 3.75%.

Employees who possess a distribution, wastewater treatment and/or a water treatment certificate greater than what is required for their current position shall receive an additional

2.5% above their base pay. The maximum total incentive pay for water or wastewater certifications above the job requirements shall not exceed 5%.

Employees may not receive certificate pay in the same fiscal year that tuition reimbursement is used for the same classes.

ARTICLE 20: TUITION REIMBURSEMENT.:

Effective the first pay period that begins after July 1, 2008, Management employees who thereafter incur expenses for tuition, books and educational fees at a regionally accredited Formatted: Heading 1, Adjust space between Latin and
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Asian text, Adjust space between Asian text and numbers 8 college or university shall be entitled to reimbursement up to $500 per fiscal year; provided that such reimbursement shall be conditioned upon receiving a grade of “C” or above or “pass” if the class is a pass/fail. Content of classes taken, with expected reimbursement, must be relevant to job responsibilities.

Employees seeking tuition reimbursement under this section for the coming fiscal year shall apply for reimbursement by July 1st each year. Based on the number of applications received each year, employees may receive up to $1,500.00.

ARTICLE 21: EDUCATIONAL INCENTIVE PAY.

Employees who possess an Associate of Arts (AA) Degree shall receive an additional 2.5% above their base pay. -orEmployees who possess Bachelor’s (BA or BS) Degree from an accredited college or university shall receive 5% above their base pay. -orEmployees who possess a Master’s Degree (MA or MS) from an accredited college or university shall receive 7.5% above their base pay.

The maximum incentive pay for Educational incentive shall not exceed 7.5% of base pay.

Accredited college or university shall mean accredited by a national or regional accrediting body within the United States as generally interpreted in higher education.

Employees may not receive educational incentive pay in the same fiscal year that tuition reimbursement is used for the same class.

ARTICLE 22: HEALTH, DENTAL AND VISION INSURANCE BENEFITS.:

Effective July 2, 2016, the City shall pay 90% and employees with dependents shall pay 10% of all health premium costs for medical, dental, and vision insurance. The City shall pay 100% of all health premium costs for medical, dental and vision insurance for employees with comprehensive “employee only” health coverage (e.g. medical, dental and vision insurance).

The City will continue to research alternative lesser cost plans to offer the City employees to keep premium costs down.

Employees who waive City provided medical insurance with proof of other health plan coverage shall receive $100/per pay period in lieu of the City payment of medical premiums.

ARTICLE 23: CITY RIGHTS.:

Section 1: The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but shall not be limited to, the following rights:
a. To manage the City generally and to determine the issues of policy; b. To determine the existence or non-existence of facts which are the basis of the Management decision;
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Asian text, Adjust space between Asian text and numbers 9 c. To determine the necessity and organization of any service or activity conducted by the City and to expand or diminish services;
d. To determine the nature, manner, means, technology and extent of services to be provided to the public;
e. To require performance of other public safety services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City. f. To determine methods of financing;
g. To determine types of equipment or technology to be used; h. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operation is to be conducted; i. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. j. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments; k. To relieve employees from duties for lack of work or similar non-disciplinary reasons; l. To establish and modify productivity and performance programs and standards; m. To discharge, suspend, demote or otherwise discipline employees for proper cause; n. To determine job classifications and to reclassify employees; and o. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement and applicable City Resolutions and Codes.

The City’s exercise of a City right listed herein shall not be subject to the Grievance Procedure unless it is alleged that such exercise raises an issue involving the interpretation of Personnel Rules or this Memorandum of Understanding. In that case, the grievance will be limited to the dispute over the interpretation of the Rules or the Memorandum of Understanding.

ARTICLE 24: ENTIRE AGREEMENT.:

Section 1: It is the intent of the parties hereto that the provisions of this Agreement shall be the sole source of any and all rights, which may be asserted hereunder. This Agreement is not intended to conflict with Federal or State law.

Section 2: Notwithstanding the provisions of Section 1, there exists within the City certain personnel rules and regulations and departmental rules and regulations. To the extent that this Agreement does not specifically contradict these personnel rules and regulations or departmental rules and regulations or City ordinances, they shall continue subject to being changed by the City in accordance with the exercise of City rights under this Agreement and applicable State law.

ARTICLE 25: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT.:

Except where required by the terms of this Agreement the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by this Agreement, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the Agreement.

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Asian text, Adjust space between Asian text and numbers 10 ARTICLE 26: EMERGENCY WAIVER PROVISION.:

In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies shall be suspended for the duration of such emergency. After the emergency is over, the Unit shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding and any Personnel Rules and policies.

ARTICLE 27: ADVERSE FINANCIAL IMPACT.:

In the event that the City suffers substantial economic hardship during the term of this agreement, the parties agree to engage in a cooperative dialogue about ways to assist the City in addressing such hardship. “Substantial economic hardship,” as used herein, shall include, but not be limited to, the following: a decline in overall General Fund revenues of five percent (5%); a reduction in General Fund reserves of thirty percent (30%) or more; an unbudgeted increase of ten percent (10%) or more in City expenses; or a decision by the City Council to declare a fiscal emergency. Nothing in this paragraph shall preclude or impede the City Council from exercising such additional authority as may be conferred by other provisions in this agreement or by State or Federal law.

ARTICLE 28: FULL FORCE AND EFFECT.:

All provisions of Agreement shall remain in full force and effect for the duration of this Agreement.

ARTICLE 29: TERM OF AGREEMENT.:

The term of this Agreement shall cover the period beginning July 1, 202218, and shall continue in full force and effect through June 30, 20251.

ARTICLE 30: REOPENERS.

City and Association agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.

City and Association agree to a reopener during the 2022/2023 Fiscal year to discuss schedule change implementation and potential for shift differential pay.

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11 ARTICLE 31: RATIFICATION AND EXECUTION.:

The City and the Nevada City Management and Supervisory Employees acknowledge that this Memorandum of Understanding shall be in full force and effect once adopted by the City Council for the City of Nevada City. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Nevada City Management and Supervisory Employees and entered into this _____ day of __________ 202218.

CITY OF NEVADA CITY NEVADA CITY

MANAGEMENT EMPLOYEES
________________________ ______________________
Catrina OlsonSean Grayson Amy Wolfson
City Manager
______________________ ______________________
Loree’ McCay Dawn Zydonis
Administrative Services Manager
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Asian text, Adjust space between Asian text and numbers 12 APPENDIX A
Monthly salaries as of First Pay Period in July 2022 with 6% increase:

Position Range Step A Step B Step C Step D Step E
Administrative Services Manager /
Deputy City Clerk 34 5816.79 6107.64 6424.14 6733.66 7070.35 Chief Plant Operator 42 7087.19 7441.55 7813.63 8204.32 8614.52 City Planner 40 6745.69 7082.98 7016.16 7808.99 7987.43 Division Fire Chief 48 8218.98 8629.93 9061.42 9514.49 9990.21 Parks/Recreation Manager 29 5140.86 5398.09 5668.17 5951.12 6248.77 Public Works Superintendent 33 5674.92 5958.66 6256.60 6569.42 6897.90 Formatted: Left, Indent: Left: 0"
13 As of 7/1/17
Assistant City Manager A B C D E
Monthly $7,313.97 $7,680.01 $8,064.42 $8,467.18 $8,890.59 $ 87,768 $ 106,687 Hourly $ 42.20 $ 44.31 $ 46.53 $ 48.85 $ 51.29
As of 7/1/18: 2.0%

A B C D E
Monthly $7,460.25 $7,833.26 $8,224.93 $8,636.17 $9,067.98 $ 89,523 $ 108,816 Hourly $ 43.04 $ 45.19 $ 47.45 $ 49.82 $ 52.32
As of 7/1/19: 2.5%

A B C D E
Monthly $7,646.76 $8,029.09 $8,430.55 $8,852.08 $9,294.68 $ 91,761 $ 111,536 Hourly $ 44.12 $ 46.32 $ 48.64 $ 51.07 $ 53.62
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
City Planner A B C D E
Monthly $5,693.41 $5,978.14 $6,277.50 $6,591.48 $6,921.23 $ 68,321 $ 83,055 Hourly $ 32.85 $ 34.49 $ 36.22 $ 38.03 $ 39.93
As of 7/1/18: 2.0%

A B C D E
Monthly $5,807.28 $6,097.64 $6,402.53 $6,722.65 $7,058.79 $ 69,687 $ 84,705 Hourly $ 33.50 $ 35.18 $ 36.94 $ 38.78 $ 40.72
As of 7/1/19: 2.5%

A B C D E
Monthly $5,952.46 $6,250.09 $6,562.59 $6,890.72 $7,235.26 $ 71,430 $ 86,823 Hourly $ 34.34 $ 36.06 $ 37.86 $ 39.75 $ 41.74
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Fire Chief A B C D E
Monthly $7,016.05 $7,366.91 $7,735.31 $8,121.26 $8,527.09 $ 84,193 $ 102,325 Hourly $ 40.48 $ 42.50 $ 44.63 $ 46.85 $ 49.19
As of 7/1/18: 2.0%

A B C D E
Monthly $7,156.37 $7,514.19 $7,889.90 $8,284.39 $8,698.61 $ 85,876 $ 104,383 Hourly $ 41.29 $ 43.35 $ 45.52 $ 47.79 $ 50.18
As of 7/1/19: 2.5%

A B C D E
Monthly $7,335.28 $7,702.04 $8,087.14 $8,491.50 $8,916.08 $ 88,023 $ 106,993 Hourly $ 42.32 $ 44.43 $ 46.66 $ 48.99 $ 51.44
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Administrative Services Manager A B C D E
Monthly $5,833.33 $6,125.00 $6,431.25 $6,752.81 $7,090.45 $ 70,000 $ 85,085 Hourly $ 33.65 $ 35.34 $ 37.10 $ 38.96 $ 40.91
As of 7/1/18: 2.0%

A B C D E
Monthly $5,950.00 $6,247.50 $6,559.88 $6,887.87 $7,232.26 $ 71,400 $ 86,787 Hourly $ 34.33 $ 36.04 $ 37.85 $ 39.74 $ 41.72
As of 7/1/19: 2.5%

A B C D E
Monthly $6,098.75 $6,403.69 $6,723.87 $7,060.07 $7,413.07 $ 73,185 $ 88,957 Hourly $ 35.19 $ 36.94 $ 38.79 $ 40.73 $ 42.77
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
Annual Range
Annual Range
Annual Range
CITY OF NEVADA CITY - 5 STEP SALARY SCHEDULE
JULY 2018

MANAGEMENT/SUPERVISORY UNIT - EXHIBIT A
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
14 As of 7/1/17
Parks and Recreation Manager A B C D E
Monthly $4,077.22 $4,281.08 $4,495.14 $4,719.89 $4,955.89 $ 48,927 $ 59,471 Hourly $ 23.52 $ 24.70 $ 25.93 $ 27.23 $ 28.59
As of 7/1/18: 2.0%

A B C D E
Monthly $4,158.76 $4,366.70 $4,585.04 $4,814.29 $5,055.00 $ 49,905 $ 60,660 Hourly $ 23.99 $ 25.19 $ 26.45 $ 27.77 $ 29.16
As of 7/1/19: 2.5%

A B C D E
Monthly $4,262.73 $4,475.87 $4,699.66 $4,934.65 $5,181.38 $ 51,153 $ 62,177 Hourly $ 24.59 $ 25.82 $ 27.11 $ 28.47 $ 29.89
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Public Works Superintendent A B C D E
Monthly $6,256.13 $6,568.29 $6,896.88 $7,241.90 $7,604.53 $ 75,074 $ 91,254 Hourly $ 36.09 $ 37.89 $ 39.79 $ 41.78 $ 43.87
As of 7/1/18: 2.0%

A B C D E
Monthly $6,381.25 $6,700.32 $7,035.33 $7,387.10 $7,756.45 $ 76,575 $ 93,077 Hourly $ 36.81 $ 38.66 $ 40.59 $ 42.62 $ 44.75
As of 7/1/19: 2.5%

A B C D E
Monthly $6,540.79 $6,867.83 $7,211.22 $7,571.78 $7,950.37 $ 78,489 $ 95,404 Hourly $ 37.74 $ 39.62 $ 41.60 $ 43.68 $ 45.87
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
WWTP/WTP Chief Plant Operator A B C D E
Monthly $6,047.16 $6,350.10 $6,666.80 $7,000.71 $7,350.69 $ 72,566 $ 88,208 Hourly $ 34.89 $ 36.64 $ 38.46 $ 40.39 $ 42.41
As of 7/1/18: 2.0%

A B C D E
Monthly $6,168.11 $6,476.51 $6,800.34 $7,140.36 $7,497.37 $ 74,017 $ 89,968 Hourly $ 35.59 $ 37.36 $ 39.23 $ 41.19 $ 43.25
As of 7/1/19: 2.5%

A B C D E
Monthly $6,322.31 $6,638.43 $6,970.35 $7,318.86 $7,684.81 $ 75,868 $ 92,218 Hourly $ 36.47 $ 38.30 $ 40.21 $ 42.22 $ 44.34
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
CITY OF NEVADA CITY - 5 STEP SALARY SCHEDULE
JULY 2018

MANAGEMENT/SUPERVISORY UNIT - EXHIBIT A
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Exhibit B
15 City of Nevada City
Travel and Meeting Reimbursement Policy
I. Purpose
The City has adopted this policy to control the cost of travel, training, and meetings and to fairly reimburse individuals for actual and necessary expenses.

II. Policy
This policy applies to the City Council, City Staff, and members of any other Board or Commission created by act of the City Council. City Council, City Staff and any other Board or Commission members are expected to use good judgment in the use of City funds while on official business and to always seek to be thrifty in order to minimize the total cost to the taxpayer.

III. General

1. Travel and reimbursement is limited to situations in which the City receives a clear benefit from the attendance of a representative. City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. The following types of occurrences qualify for reimbursement expenses incurred in connection with the activities and generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of regional, state, local, and national government on City-adopted policy positions;
b. Attending authorized educational seminars designed to improve skill and information levels;
c. Participating in regional, state, local, and national organizations whose activities affect the City’s interests;
d. Attending city events and local meetings; and
e. Promoting and representing Nevada City in official presentations or attendance in events by the Mayor or his/her designee.

2. Upon request the City will advance money and reimburse claims for reasonable expenses incurred while traveling or performing other City business within the guidelines of this policy. Examples of personal expenses that the City will not reimburse include, but are not limited to:
a. The personal portion of any trip;
b. Political or charitable contributions or events;
Exhibit B
16 c. Family expenses, including partner’s expenses when accompanying officials or employee on agency-related business, as well as children or pet-related expenses;
d. Entertainment expenses, including alcohol, theater, movies (either in-room or at the theater), sporting events (including gym, massage, and/or golf related expenses), or other cultural events;
e. Certain personal automobile expenses, including repairs, traffic citations, or insurance; and,
f. Personal losses incurred while on City business.

Such personal expenses shall not be charged on City charge cards. Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred.

IV. Review/Approvals

1. All travel and meetings anticipated to cost over $150 or requiring an overnight stay must be approved 30-90 days in advance by the employee’s Department Director, City Manager, or Assistant City Manager. To accomplish this, the employee will prepare and initial the City’s Travel and Meeting Authorization form. The approving authority will sign, date, and return this form to the employee for subsequent inclusion with reimbursement request.

2. The basic authorization for all employee travel is the approved operating budget for the current fiscal year. The approving authority who authorizes the trip, through travel advances and/or expense claims, will verify availability of funds in the budget. While it is recognized that travel and meeting plans/destinations may change during the year, the total travel budget may not be exceeded without prior approval from the City Manager or Assistant City Manager for a budget adjustment.

3. Regardless of whether funding is available in a department budget trips, conferences, seminars, and the like, not outlined in the budget, must be preapproved by the Department Director, City Manager, or Assistant City Manager.

V. Advances/Payment Amounts

1. Payments – The preferred method of payment for registration, transportation, and lodging expenses is through the warrant request process. A City of Nevada City credit card, or an employee’s personal card, may be used with the consent of the Department Director, City Manager, or Assistant City Manager.

2. Transportation – The method of travel (air, train, personal auto, or city auto) should be selected on the basis of the least total cost to the City. This determination should take into account any employee wages paid during travel or consideration of a Councilmember’s time.

3. Air Travel – The lowest fare available a minimum of two weeks before the event should be utilized, unless a shorter time frame is required. Airfare may be charged Exhibit B
17 to a City credit card or a personal credit card. In all cases, copies of the ticket or ticket-less voucher depicting the cost must be attached to the Expense Reimbursement Form. Only coach class will be reimbursed, consistent with C.2 above. Upgrades in class will be at the employee’s expense.

4. Ground Transportation – Courtesy shuttle service, buses, and taxis should be used between airports and meeting locations. Car rentals should only be used in special situations, where the aforementioned services are not practical, and will require preapproval from the Department Director, City Manager, or Assistant City Manager.

5. Lodging – Council members, officials, and employees will always seek to stay at the hotel hosting the event or where the sponsor recommends a preferred or discounted hotel. For other events, or where this is not possible, please ask your representative for government rates and inquire into having the Transient Occupancy Tax (TOT) waived. Many cities will do this as a courtesy for other local agencies, and the savings for larger groups can be significant.

6. Meals – The costs for meals while traveling are reimbursable since the City does not provide a per diem. In addition, meals necessary for a budget authorized one-day conference, workshop, or professional association meeting are eligible for reimbursement when the conference hours fall within standard meal times.

For determining advances and reimbursements, meals are reimbursable up to a maximum of $53 per day. Snacks and non-business-related expenses are not reimbursable. In general, the maximum range per meal should be $25 for dinner, $16 for lunch, and $12 for breakfast, with a $53/day maximum. Officials and employees are responsible for meal costs when a detailed receipt is not provided and for meal amounts in excess of $53 per day. Meal cost includes the restaurant charge plus tip. As a guide, tips should be 15% of the pretax amount.

The City reserves the right to further restrict meal or miscellaneous reimbursements including but not limited to the following examples:
 For conferences where a meal (e.g. Continental breakfast or lunch with a speaker) and the cost of a meal is included as part of the registration fee, the City will not reimburse an employee for the same meal.  Further, City Council members, officials, and employees will not be reimbursed for purchasing meals for third parties; other than the City Manager or his/her designee for business-related purposes only.  No reimbursement will be made for the purchase of alcoholic beverages.

If you purchase an alcoholic beverage with your meal you just deduct the cost of the beverage, including tax and tip, from your request for reimbursement.

7. Business related expenses – Reasonable miscellaneous business-related expenses are reimbursable according to business circumstances.

8. Telephone/Fax/Cellular/Internet – Reimbursement may be authorized for actual and necessary telephone, fax, and short-term Internet expenses incurred on City business Exhibit B
18 when not otherwise covered under a pre-existing plan or service arrangement.

Telephone or other bills should identify which services were used on City business.

To the extent possible anyone traveling for City business should make every effort to use Internet access provided by the conference rather than paying daily access charges.

9. Advances – Advances for miscellaneous, business-related expenses (i.e., cabs, tips, and other transportation) are available up to $50 per day, with a $250 maximum per event. The City will reimburse eligible expenses above the $50 advance limit.

Unused advanced funds will be returned to the Finance & Administration Department along with a copy of the Expense Reimbursement Form within seven (7) business days of the employee’s return to work.

VI. Reimbursement Request

1. Expenses, and accounting for advances, are to be submitted for approval and reimbursement within seven (7) days of completion of the business trip. These materials will be review and approved by the Department Director before submission to the Finance and Administration Department.

2. Receipts are to be attached to the Expense Reimbursement form for each expenditure. The City will deny reimbursement unless accompanied by a proper receipt. Each receipt must have the pre-printed name of the business, the date of the expenditure, and cost per item. For example, perforated tabs torn from the bottom of the restaurant bills are not acceptable by themselves. The Councilmember, official, or employee should request that the restaurant provide a printed receipt as well. A detailed receipt for credit card meals is mandatory.

3. Petty cash may not be used for travel expense reimbursements unless the reimbursement is only for local mileage and is under $50.

4. Individuals electing to drive to any meeting or event shall receive the IRS standard mileage reimbursement rate, up to $.55 or the cost of the lowest airfare and ground transportation.

5. The method for calculating reimbursable mileage, the round trip commute to work and back home shall be subtracted from the total mileage driven each day to calculate reimbursable miles. This applies to travel for all City business, including meetings, training, and serving on interview panels on behalf of the City. When possible it is preferred that anyone traveling uses the City vehicle that is available for commuting for City business.

6. Employees electing to use credit cards (personal or City) for trip expenses must produce detailed receipts of the kind mentioned above for their purchases.

7. Business-related telephone charges will be reimbursed for employees who are not provided a phone allowance.

Exhibit B
19 8. The Finance & Administration will receive and review all documentation prior to the issuance of a warrant for reimbursement.

VII. Compliance with Laws
Recipients of reimbursement should keep in mind that some expenditures may be subject to reporting under the Political Reform Act for Lobbyists. All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act.

VIII. Violation of this Policy
Misuse of public resources or falsifying expense reports in violation of this policy may result in any or all of the following 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the City reporting the expenses as income to state and federal tax authorities, 4) civil penalties up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

This policy satisfies the requirements of Government Code sections 53232.2 and 53232.3.

City of Nevada City, California (City)
&
Management and Supervisory Employees (Association)
2022 Negotiations for Successor MOU
Comprehensive Tentative Agreement
Tentative Agreement Date: June 9, 2022
Agreed upon via email confirmation between Sean Grayson, City Manager (City) and Amy Wolfson, Association Representatives (Association).

This document represents the comprehensive tentative agreement between the City and the Association.

Articles and Provisions not specifically included below shall maintain current contract language, except that the City and the Association agree to:
● Update the MOU structure to provide numerated articles ● update language to reflect current practice; and
● update language to integrate side letters to the MOU ending June 30, 2022, into the successor MOU.

The completed successor MOU will be subject to approval by the City and Association prior to ratification.

This comprehensive tentative agreement was reached by informal negotiations, there were no specific proposals and as such there are no outstanding proposals nor proposals to note as withdrawn.

Item 1. Recognition
● Include list of all represented classifications
Item 2. Compensation Plan
● All positions will be placed on the master salary schedule with ranges and steps as approved by the City Council (this includes a small increase in hourly rate over the existing MOU pay schedule).
● Subsequently, the following base salary raises will be applied:
○ July 1, 2022 6%
○ July 1, 2023 4%
○ July 1, 2024 4%
Item 3. Miscellaneous Allowances
● Section 1 replaced with Side Letter 1 except that boot allowance becomes $250 annually. ● Section 2 changes to city will provide a cell phone allowance of $25 per pay period for all represented employees.
● Add Section 3 Uniform allowance for the Fire Division Chief will be $1000 total. ● Add Section 4 City to provide 1 button down shirt, 1 polo shirt, and 1 hat (with City Logo) per fiscal year beginning October 1, 2022 or earlier upon an approved standard for the items.

Item 4. Reimbursement For Travel….
• Remove policy from appendix B reference, the City and Association agree to meet and confer on an update to the City Travel Authorization and Reimbursement Policy. The updated policy will include standardized per diem for meal reimbursement at federally indexed amounts.

Item 5. Longevity Pay (New Article)
• Longevity pay to be 5% and applicable to employees after 15 years of service in Nevada City.

Item 10. License Certificate Incentive Pay (New Article) ● City to establish one (1) 1.25% special certificate pay and one (1) 2.5% special certificate pay per classification by January 1, 2023.
● Maximum special certificate pay 3.75%
● 2.5% incentive for water or wastewater certification above job requirements. ● Maximum pay for water, or wastewater certification above job requirements 5%. ● Employee may not receive certificate pay in the same fiscal year that tuition reimbursement is used for the same classes.

Item 11. Tuition Reimbursement
● City to continue to budget $500 per person in tuition reimbursement per fiscal year. ● Add process by which represented employees will apply by July 1st each year for use of tuition reimbursement in the coming fiscal year. Based upon submitted applications employees may receive up to $1500 per person to exhaust pool.

Item 12. Education Incentive (New Article)
● Employees who possess an Associate’s degree (AA/AS) from an accredited college or university shall receive 2.5% above their base pay, or
● Employees who possess a Bachelor’s degree (BA/BS) from an accredited college or university shall receive 5% above their base pay, or
● Employees who possess a Master’s degree (MA/MS) from an accredited college or university shall receive 7.5% above their base pay, or
● Incentives cannot be combines, maximum educational incentive to 7.5%. ● Accredited shall mean accredited by a national or regional accrediting body within the United State of America as generally interpreted in higher education. ● Employee may not receive education pay in the same fiscal year that tuition reimbursement is used for the same classes.

Item 13. Term
● Term of the successor MOU shall be July 1, 2022, through June 30, 2025 (three year contract).

Item 14. Appendix A Salary Schedule
● Include updated salary schedule in successor MOU appendix A Item 15. Reopeners
● City and Association agree to a reopener for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
● City and Association agree to a reopener to discuss schedule change implementation and potential for shift differential pay.

Compensation Plan
● All positions will be placed on the master salary schedule with ranges and steps as approved by the City Council (this includes a small increase in hourly rate over the existing MOU pay schedule).
● Subsequently, the following base salary raises will be applied:
○ July 1, 2022 6%
○ July 1, 2023 4%
○ July 1, 2024 4%
● Parks and Recreation Manager to move to range 29
Clothing Items
• City to provide 1 button down shirt, 1 polo shirt, and 1 hat (with City Logo) per fiscal year beginning October 1, 2022 or earlier upon an approved standard for the items.

License Certificate Incentive Pay (New)
● City to establish one (1) 1.25% special certificate pay and one (1) 2.5% special certificate pay per classification by January 1, 2023.
● Maximum special certificate pay 3.75%
Tuition Reimbursement
● City to continue to budget $500 per person in tuition reimbursement per fiscal year. ● Add process by which represented employees will apply by July 1st each year for use of tuition reimbursement in the coming fiscal year. Based upon submitted applications employees may receive up to $1500 per person to exhaust pool.

Education Incentive (New)
● Employees who possess an Associate’s degree (AA/AS) from an accredited college or university shall receive 2.5% above their base pay, or
● Employees who possess a Bachelor’s degree (BA/BS) from an accredited college or university shall receive 5% above their base pay, or
● Employees who possess a Master’s degree (MA/MS) from an accredited college or university shall receive 7.5% above their base pay, or
● Incentives cannot be combines, maximum educational incentive to 7.5%. ● Accredited shall mean accredited by a national or regional accrediting body within the United State of America as generally interpreted in higher education. ● Incentive only applies to education above the level required for the position. ● Employee may not receive education pay in the same fiscal year that tuition reimbursement is used for the same classes.

Term
● Term of the successor MOU shall be July 1, 2022, through June 30, 2025 (three year contract).

Reopeners
● City and Association agree to a reopener for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
● City and Association agree to a reopener to discuss schedule change implementation.

RESOLUTION NO. 2022-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY

APPROVING AND ADOPTING THE COMPREHENSIVE MEMORANDUM OF

UNDERSTANDING WITH THE NEVADA CITY MISCELLANEOUS EMPLOYEES WITH A TERM OF JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, the Memorandum of Understanding (“MOU”) between the City of Nevada City (“City”) and the Nevada City Miscellaneous Employees (“Association”) expires on June 30, 2022; and
WHEREAS, Negotiators for City and Association began the meet and confer process on June 1, 2021, and met once before reaching a comprehensive tentative agreement (TA) on a successor MOU on June 9, 2022; and
WHEREAS, City and the Association have met and conferred in good faith and have agreed to the attached comprehensive successor MOU (Exhibit A); and WHEREAS, the terms of the successor MOU make changes to the wages and benefits for Association members in 2022, 2023, and 2024; and has a term July 1, 2022 through June 30, 2025; and
WHEREAS, the Association membership ratified the MOU set forth in Exhibit A on June 17, 2022;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that:

1. The City ratifies the agreement with the Association for a successor MOU with a term of July 1, 2022 through June 30, 2025, as set forth in Exhibit A attached and incorporated by reference.

2. The City Council authorizes the City Manager to execute the successor MOU.

3. The City Council delegates authority to the City Manager to approve formatting edits to the successor MOU.

PASSED AND ADOPTED this 22nd day of June 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk
1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF NEVADA CITY AND THE
NEVADA CITY MISCELLANEOUS EMPLOYEE’S ASSOCIATION
JULY 1, 202218 THROUGH JUNE 30, 20251
June 30, 2020 Salary Negotiations (Re-Opener)
Table of Contents
ARTICLE 1: RECOGNITION..................................................................................................................3 ARTICLE 2: NON-DISCRIMINATION. ...................................................................................................3 ARTICLE 3: COMPENSATION PLAN.....................................................................................................3 ARTICLE 4: WORK PERIODS. ..............................................................................................................4 ARTICLE 5: OVERTIME. ......................................................................................................................5 ARTICLE 6: REIMBURSEMENT FOR TRAVEL AND OTHER OFFICIAL EXPENSE.......................................6 ARTICLE 7: CLOTHING ALLOWANCE...................................................................................................6 ARTICLE 8: RETIREMENT....................................................................................................................6 ARTICLE 9: HOLIDAYS. .......................................................................................................................7 ARTICLE 10: VACATION AND VACATION ACCUMULATION.................................................................7 ARTICLE 11: SICK LEAVE.....................................................................................................................7 ARTICLE 12: LEAVES OF ABSENCE. .....................................................................................................8 ARTICLE 13: ABSENCE POLICY............................................................................................................8 ARTICLE 14: GROUNDS FOR DISCIPLINE.............................................................................................8 ARTICLE 15: GRIEVANCE PROCEDURE................................................................................................8 ARTICLE 16: PROBATIONARY PERIOD. ...............................................................................................8 ARTICLE 17: DISCIPLINARY ACTIONS..................................................................................................8 ARTICLE 18: LAYOFF POLICY AND PROCEDURE. .................................................................................8 ARTICLE 19: LEAVE REGULATIONS. ....................................................................................................9 ARTICLE 20: STANDBY/ON CALL PAY. ................................................................................................9 ARTICLE 21: CALL OUT PAY................................................................................................................9 ARTICLE 22: COMPENSATORY TIME.................................................................................................10 ARTICLE 23: LICENSES/CERTIFICATES INCENTIVE PAY. .....................................................................10 ARTICLE 24: TUITION REIMBURSEMENT. .........................................................................................11 ARTICLE 25: EDUCATIONAL INCENTIVE PAY.....................................................................................11 Style Definition: TOC 1: Tab stops: 6.89", Right,Leader: … Style Definition: Heading 1: Font: 14 pt, Left, Space
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2 ARTICLE 26: SMOKING AND TOBACCO POLICY.................................................................................11 ARTICLE 27: HEALTH, DENTAL AND VISION INSURANCE BENEFITS...................................................12 ARTICLE 28: CITY RIGHTS.................................................................................................................12 ARTICLE 29: EMPLOYEE RIGHTS.......................................................................................................13 ARTICLE 30: ASSOCIATION RESPONSIBILITY.....................................................................................13 ARTICLE 31 NO STRIKE--NO LOCKOUT: PROHIBITED CONDUCT........................................................13 ARTICLE 32: ENTIRE AGREEMENT. ...................................................................................................14 ARTICLE 33: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT. ..................................14 ARTICLE 34: EMERGENCY WAIVER PROVISION. ...............................................................................14 ARTICLE 35: ADVERSE FINANCIAL IMPACT.......................................................................................14 ARTICLE 36: FULL FORCE AND EFFECT..............................................................................................15 ARTICLE 37: TERM OF AGREEMENT. ................................................................................................15 ARTICLE 38: REOPENERS..................................................................................................................15 ARTICLE 39: RATIFICATION AND EXECUTION. ..................................................................................15 3 ARTICLE 1: RECOGNITION.:

Pursuant to the provisions of the City of Nevada City Employee - Employer Relations Resolution No. 2008-25 and the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Nevada City (hereinafter called the "City" and "Employer" interchangeably), has recognized the Nevada City Miscellaneous Employees Association (hereinafter called the "Association") as the exclusive recognized bargaining agent for the employees in the Nonexempt Employees Unit for the purpose of establishing salaries, wages, hours and working conditions.

The Nevada City Miscellaneous Employees Association shall be the exclusive representative for the following classifications:
• Accounting Technician
• Community Services Officer / Code Enforcement
• Customer Service Representative
• Maintenance Worker I
• Maintenance Worker II
• Records Clerk
• Wastewater/Water Operator-In-Training (OIT)
• Wastewater/Water Operator II
ARTICLE 2: NON-DISCRIMINATION.:

The City shall not discriminate against any employee because of race, color, gender, sexual orientation, age, national origin, political or religious opinions or affiliation or handicap or exercise of rights under the Meyers-Milias-Brown Act. The City agrees to re-open any provision of this agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this agreement in compliance with state or federal anti-discrimination laws.

ARTICLE 3: COMPENSATION PLAN.:

Section 1: The salary schedule for members of this bargaining unit shall be contained in the City master salary schedule with ranges and steps as approved by the City Council.

Effective the first pay period of July 2022, all employees shall receive a general salary increase of 6.0%, which is included in the City master salary schedule attached in appendix A. Effective the first pay period of July, 2023, all employees shall receive a general salary increase of 4.0%.

Effective the first pay period of July, 2024, all employees shall receive a general salary increase of 4.0%. No changes shall be made unless mutually agreed upon. a 5 step schedule beginning with step A and ending with step E. Step increases of 5% will be provided every 12 months on hire date anniversary after a performance evaluation is completed Formatted: Font: Not Bold, No underline
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Formatted: Heading 1, Left, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 4 by the employee’s supervisor with a rating of ‘acceptable’ or better. Compensation adjustments shall be effective the 1st paycheck in July and will be made to the classifications as follows:

Effective Effective
July 1, 2018 July 1, 2019
Customer Service Representative 2.0% 2.5%
Administrative Services Analyst 2.0% 2.5%
Police Records Coordinator 2.0% 2.5%
Maintenance Worker I 2.0% 2.5%
Maintenance Worker II 2.0% 2.5%
Senior Maintenance Worker 2.0% 2.5%
Wastewater/Water Operator II 2.0% 2.5%
Wastewater/Water Operator III 2.0% 2.5%
Community Services Officer II 2.0% 2.5%

There will be a re-opener for salary negotiations only for the period July 1, 2020 to June 30, 2021.

Section 2: The City will provide a cellular phone stipend of $2540 per month pay period to each employee.the following classifications in acknowledgement of the fact that the City requires the employees in these classifications to be generally accessible via cellular phone for the conduct of City business:

Police Records Coordinator
Maintenance Worker I
Maintenance Worker II
Senior Maintenance Worker
Wastewater/Water Operator II
Wastewater/Water Operator III – Lead
The employee shall provide, and the City may publish, the cellular phone number to designated individuals and organizations with whom the employee normally conducts City-related business. Employees receiving a cell phone stipend are responsible for securing a cellular phone and a usage plan of their choice and shall provide immediately notification to the City in the event their cellular plan is cancelled or terminated. In the event of cancellation or termination, the City reserves the right to eliminate the stipend benefit.

ARTICLE 4: WORK PERIODS.:

Section 1: Because there are a variety of work shifts including, but not limited to 4/10, 5/9 5/8 plans, the daily work schedule will consist of the normal number of hours for that assigned shift. i.e., 10, 9, or 8 hours.

Section 2: Members assigned to work a 4/10 plan will be assigned four 10-hour days each week.

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5 Section 3: All changes to work periods must be approved by the City Manager.

Section 4: The City and the Association agree to meet and confer on future changes to schedules for employees.

ARTICLE 5: OVERTIME.:

Section 1: All full-time employees shall be entitled to overtime at time and one-half the regular straight time pay for all hours worked in excess of eight (8) hours in a day or of forty (40) hours within the employee's regular weekly pay period. In order to be entitled to overtime, such overtime must be authorized by an immediate supervisor or Department Head, when reasonably feasible. Nothing herein is intended to limit or restrict authority of the City to require any employee to perform overtime work.

For the purposes of computing overtime, use of holidays, vacation, sick or compensatory time off during any given workweek shall not be considered time actually worked for the purposes of computing overtime. The parties agree that an alternative work schedule as provided for in labor Code 500-558 (e.g. 80 hour work period, 5/9s. 4/10s, etc.) may be adopted after discussing such change with members of this bargaining unit.

The Department Head or his/her designee shall designate work schedules for employees to carry out the work herein provided. With the approval of the City Manager, the Department Head, or his/her designee, may alter this schedule from time to time when needs of the department require.

Section 2: The following time is not considered work time for the purpose of calculating overtime.

1. Time spent traveling to work and returning home in either personal or City-owned vehicles.

2. All time spent doing homework, study time, meal time, or sleep time when assigned off-duty training.

3. All time putting on or removing uniforms.

4. All time for personal preparation and clean-up.

Section 3: Emergency overtime is that time when an off duty employee is ordered to report for duty. When so ordered the travel time for the employee to get to work, not to exceed 30 minutes, shall be counted as work time. Emergency overtime is when an employee's presence at work:

1. Is deemed necessary or advisable to properly handle an emergency incident or incidents.

2. To maintain necessary staffing levels.

Section 4: For a limited number of special events from past practices, overtime shall be paid at double the base hourly rate for those designated as special events.

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Employees shall be reimbursed for such expenses as approved by the City Manager in such amounts as designated by the City Council policy regarding reimbursement of travel and other official expenses. There exists within the City a travel and other official expense reimbursement policy which is attached hereto as Exhibit ‘B’.The City and Association agree to meet and confer before January 1, 2023 regarding an update to the City Travel Authorization and Reimbursement Policy to include a standardized per diem for meal reimbursement at federal indexed amounts.

ARTICLE 7: CLOTHING ALLOWANCE.:

For employees in the Department of Wastewater/Water Treatment Plant Department, expenses for required boots will reimbursed by the City up to an annual amount of $250.00.

For employees in the Public Works Department, expenses for required boots will be reimbursed by the City up to an annual amount of $350.00. All other expenses for required uniform clothing will be provided by a uniform service paid by the City.

For employees in the Department of Public Works and the Wastewater/Water Treatment Plant Department, all expenses for required uniform clothing will be reimbursed by the City up to an annual amount of $500.00 upon hire, and $250.00 per year thereafter.

For the Police Records Coordinator, all expenses for required uniform clothing will be reimbursed by the department up to an annual amount of $500.00.

The City will provide one sweatshirt, one hat, and one beanie (with the City logo) per fiscal year to all employees beginning on October 1, 2022 or earlier upon an approved standard for the items.

ARTICLE 8: RETIREMENT.:

Employees covered by this Memorandum of Understanding participate in the following Public Employees' Retirement Systems and are required to make the appropriate employee contributions for their respective plans:

Tier 1 employees hired prior to February 10, 2010 covered by this agreement will participate in the Public Employees Retirement System 2.5%@55 formula. Effective July 2, 2016, the City shall pay on behalf of the employee 2% of the 8% employee member contributions and the employee shall pay the remaining 6% on a pre-tax basis. Effective July 1, 2017, the employee shall pay the full employee member contribution of 8% on a pre-tax basis.

Tier 2 employees hired on or after February 10, 2010 that are considered “Classic Members” will participate in the City’s Public Employees Retirement System 2%@60. Effective July 2, 2016, Tier 2 employee members shall pay the full employee member contribution of 7% on a pre-tax basis.

Tier 3 employees hired January 1, 2013 or later who are not considered “Classic Members” by CalPERS will participate in the Public Employees Retirement System 2%@62 (PEPRA Formatted: Font: 12 pt
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ARTICLE 9: HOLIDAYS.:

Employees shall be entitled to the following paid holidays:
• New Year’s Day – January 1st
• Martin Luther King, Jr. Day – Third Monday in January • President’s Day – Third Monday in February
• Cesar Chavez Day – March 31st
• Memorial Day – Last Monday in May
• Independence Day - July 4th
• Labor Day – First Monday in September
• Columbus Day – Second Monday in November
• Veteran’s Day – November 11th
• Thanksgiving Day – 4th Thursday in November
• Day following Thanksgiving Day – 4th Friday in November • Christmas – December 25th
• Two Floating holidays
ARTICLE 10: VACATION AND VACATION ACCUMULATION.:

In addition to the terms and conditions contained in the City’s Personnel Regulations, the following terms are agreed to between members of this unit and the City:

Proportionate with their normal payroll schedule, employees in this bargaining unit will accrue vacation leave according to the following annual rate of accumulation:

One to five years of service two weeks
Over five years but less than fifteen years-service three weeks Over fifteen years of service five weeks
Employees may accrue up to 320 hours or two times annual accrual amount, whichever is less.

No further accrual of vacation leave time may accrue without advance approval from the City Manager. Approval must be based upon a valid work or personal restriction on taking vacation leave and any approval must include a reasonable plan for reducing the leave balance.

All employees will receive a one-time additional credit of forty (40) hours of vacation leave in the first pay period of January 2023.

ARTICLE 11: SICK LEAVE.:

Employees shall be entitled to sick leave benefits specified in the "Sick Leave Policy” (Section 2240 of City Personnel Regulations).

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Employees shall be entitled to Leaves of Absence specified in the following policies, Federal and State laws:

State Fair Housing and Employment Act and Pregnancy Disability Leave Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave Federal Family and Medical Leave Act.

Employees are also entitled to additional leaves of absence identified in the City personnel policies and rules.

ARTICLE 13: ABSENCE POLICY.

Employees covered by this agreement shall be subject to the terms and conditions of the absence policy which provides that excused absences for family members, as provided in Labor Code Section 234, shall not be considered in evaluating or disciplining employees and that supervisors shall utilize the absence policy as suggested guidelines for evaluating and/or disciplining employees for absences, but shall assess each case on its own merit.

ARTICLE 14: GROUNDS FOR DISCIPLINE.:

Employees covered by this agreement shall be subject to the terms and conditions of the Grounds for Discipline Policy (Section 2310 of City Personnel Regulations).

ARTICLE 15: GRIEVANCE PROCEDURE.:

Employees covered by this agreement shall be subject to the terms and conditions of the Grievance Procedure (Section 2320 of City Personnel Regulations).

ARTICLE 16: PROBATIONARY PERIOD.:

The City Personnel Regulations provide that a notice of separation of a temporary employee be served on the separated employee before the expiration of the probationary period. The Probationary Period is one (1) year starting on the date of hire.

ARTICLE 17: DISCIPLINARY ACTIONS.:

The City Personnel Regulations provide that paid administrative leave pending completion of a disciplinary investigation shall not constitute discipline.

ARTICLE 18: LAYOFF POLICY AND PROCEDURE.:

The City Personnel Regulations incorporate the layoff policy and procedure as an appendix.

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9 ARTICLE 19: LEAVE REGULATIONS.:

The City Personnel Regulations regarding leave regulations include the following important information:

1. That failure on the part of an employee absent without leave to return to duty within three scheduled work days after notice to return shall be cause for discipline up to and including termination of employment.

2. No benefits will accrue during any leave of absence without pay, but accrued benefits will not be lost except as otherwise provided (2270.30).

3. During a leave of absence without pay, the City payment of premiums for health benefits will become the responsibility of the employee (2270.40).

4. When an employee is on Family Medical Leave of Absence (FMLA), the employee’s group health benefits will be maintained and paid by the City.

4. ARTICLE 20: STANDBY/ON CALL PAY.:

The City pays on-call pay for any on-call time incurred during the weekend. The Department Head, or his/her designee, shall schedule any on call time to ensure appropriate coverage as well as safety issues. On call duty requires the employee so assigned to:

1. be ready to respond to calls for service; and

2. be reachable by telephone, radio, or pager; and

3. Refrain from activities which might impair his/her ability to perform assigned duties.

Employees Public Works Department employees assigned weekend on-call shall be compensated for three (3) hours straight time at the employee’s then hourly rate for each twenty-four hour period, or any portion thereof. With the approval of the City Manager, employees may be released three hours early from their work day in lieu of receiving the three (3) hours of straight time for each twenty-four hour period, or portion thereof.

Water/Wastewater treatment plant employees shall be compensated for stand-by time after normal business hours and weekend/holidays. Water/wastewater department employees shall receive eleven (11) hours of straight time pay for each seven day period of stand-by served.

Stand by time is not included for calculating overtime. Assigned to stand-by will be according to specified work schedules as assigned by the Department Head. Specific days may be traded during the pay period and can be accommodated if there is a stand-by eligible employee available and willing to cover the day(s).

Stand-by is typically associated to specific work shifts as assigned by the Department Head.

ARTICLE 21: CALL OUT PAY.:

Section 1: Call-Out: When responding to an emergency call, an employee shall be credited with a minimum of two hours at time and one half base pay plus any hours worked in excess of two hours in which the employee is continuously engaged in work for which he or she was Formatted: Font: 12 pt
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Section 2: Call-Out Wastewater/Water II & III Classifications: Wastewater/Water II & III classifications who receive a call on the on-call phone and can remotely log on to a computer or smart phone (instead of responding physically to the plant facility) to resolve a plant issue shall be compensated for two hours at a time and one half base pay. The two hours shall include up to three calls from the on-call phone without physically responding to the plant after normal work hours. However, if the employee is required to physically respond to either the wastewater or water plan, then Section 1 above will apply.

ARTICLE 22: COMPENSATORY TIME.:

Before working any overtime, an employee shall have been authorized or required to do so by his or her department head or the City Manager. In the case of a bona fide emergency, if it is not reasonably feasible to obtain such prior authorization, the employee who has worked overtime shall request such authorization on the next regular work day.

Any non-exempt employee may request of his or her department head in writing to take 1½ hours of overtime pay for each hour worked in excess of eight (8) hours in a workday or forty (40) hours in one workweek. For the purposes of computing overtime, use of holidays, vacation or compensatory time off during any given workweek shall not be considered time actually worked for the purpose for computing overtime.

Compensation - Overtime shall be compensated at 1½ times the employee's basic hourly rate of pay, or at the employee's request and with the department head's approval, Compensating Time Off (CTO) may be taken at the rate of 1½ hours off for each hour worked in lieu of overtime pay.

Accumulation and Use of CTO - No employee shall accumulate more than 640 hours of CTO.

Before using CTO an employee shall have obtained the approval of the employee's department head. Upon termination, any employee with accumulated CTO shall have it paid off. Overtime shall be paid in accordance with these rules and the provision of the Fair Labor Standards Act for non-exempt employment.

ARTICLE 23: LICENSES/CERTIFICATES INCENTIVE PAY.

Employees who possess a distribution, wastewater treatment and/or a water treatment certificate greater than what is required for their current position shall receive an additional

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11 promoted into a position that requires the certificate are no longer eligible to receive the 52.5%, as they are compensated for the certificate as part of the salary for that position.

The maximum total incentive pay for educational achievementa distribution, wastewater treatment and/or a water treatment certificate shall not exceed 2.5%.

Employees may not receive certificate pay in the same fiscal year that tuition reimbursement is used for the same classes.

ARTICLE 24: TUITION REIMBURSEMENT.:

Bargaining unit employees who thereafter incur expenses for tuition, books and educational fees at a regionally accredited college or university shall be entitled to reimbursement up to $500.00 per fiscal year; provided that such reimbursement shall be conditioned upon receiving a grade of “C” or above or “pass” if the class is a pass/fail. Classes must be related to the employee’s current or future scope of work and have prior approval from the Department Head and City Manager.

ARTICLE 25: EDUCATIONAL INCENTIVE PAY.

The maximum incentive pay for Educational incentive shall not exceed 7.5% of base pay.

Accredited college or university shall mean accredited by a national or regional accrediting body within the United States as generally interpreted in higher education.

Employees may not receive educational incentive pay in the same fiscal year that tuition reimbursement is used for the same class.

ARTICLE 26: SMOKING AND TOBACCO POLICY.:

Employees are prohibited from smoking or using any tobacco products in all public buildings and City-owned vehicles.

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Formatted: Heading 1, Left, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 12 ARTICLE 27: HEALTH, DENTAL AND VISION INSURANCE BENEFITS.:

Effective August 27, 2016, the City shall pay 90% and employees with dependents shall pay 10% of all health premium costs for medical, dental, and vision insurance. The City shall pay 100% of all health premium costs for medical, dental and vision insurance for employees with comprehensive “employee only” health coverage (e.g. medical, dental and vision insurance).

The City will continue to research alternative lesser cost plans to offer City employees to keep premium costs down.

Employees who waive City provided medical insurance with proof of other health plan coverage shall receive $100/per pay period in lieu of the City payment of medical premiums.

ARTICLE 28: CITY RIGHTS.:

Section 1: The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but shall not be limited to, the following rights:
a. To manage the City generally and to determine the issues of policy; b. To determine the existence or non-existence of facts which are the basis of the Management decision;
c. To determine the necessity and organization of any service or activity conducted by the City and to expand or diminish services;
d. To determine the nature, manner, means, technology and extent of services to be provided to the public;
e. To require performance of other public safety services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City. f. To determine methods of financing;
g. To determine types of equipment or technology to be used; h. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operation is to be conducted; i. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. j. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments; k. To relieve employees from duties for lack of work or similar non-disciplinary reasons; l. To establish and modify productivity and performance programs and standards; m. To discharge, suspend, demote or otherwise discipline employees for proper cause; n. To determine job classifications and to reclassify employees; and o. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement and applicable City Resolutions and Codes.

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Formatted: Heading 1, Left, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 13 The City’s exercise of a City right listed herein shall not be subject to the Grievance Procedure unless the Association alleges that such exercise raises an issue involving the interpretation of Personnel Rules or this Memorandum of Understanding. In that case, the grievance will be limited to the dispute over the interpretation of the Rules or the Memorandum of Understanding.

ARTICLE 29: EMPLOYEE RIGHTS.:

The following are employee rights:

Section 1: The right of employees to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.

Section 2: The right of employees to refuse to join or participate in the activities of employee organizations and to receive the negotiated benefits of the employee organization.

ARTICLE 30: ASSOCIATION RESPONSIBILITY.:

Section 1: If, the Nevada City Miscellaneous Employees Association, its officers, agents, representatives or members engage in any of the conduct prohibited in Prohibited conduct, Section 1, the Association or its duly authorized representative shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and is unlawful, and that they should immediately cease engaging in such conduct prohibited in Prohibited conduct, Section 1, and return to work.

Section 2: If the Association performs all of the responsibilities set forth in Section 1 above, its officers, agents and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Prohibited conduct, Section 1.

ARTICLE 31 NO STRIKE--NO LOCKOUT: PROHIBITED CONDUCT.

Section 1: Officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform services.

Section 2: The City agrees that it shall not lock out its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.

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Formatted: Heading 1, Left, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 14 Section 3: Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City.

Section 4: In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities in Article XXX- Association Responsibility, the City may suspend any and all of the rights and privileges accorded to the Association under the terms of this agreement, including, but not limited to, suspension of recognition of the Association, grievance procedures, right of access and the use of the City's bulletin boards and facilities.

ARTICLE 32: ENTIRE AGREEMENT.:

ARTICLE 33: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT.:

ARTICLE 34: EMERGENCY WAIVER PROVISION.:

In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Agreement and any Personnel Rules and policies.

ARTICLE 35: ADVERSE FINANCIAL IMPACT.:

In the event that the City suffers substantial economic hardship during the term of this agreement, the parties agree to engage in a cooperative dialogue about ways to assist the City Formatted: Font: 12 pt
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15 in addressing such hardship. “Substantial economic hardship,” as used herein, shall include, but not be limited to, the following: a decline in overall General Fund revenues of five percent (5%); a reduction in General Fund reserves of thirty percent (30%) or more; an unbudgeted increase of ten percent (10%) or more in City expenses; or a decision by the City Council to declare a fiscal emergency. Nothing in this paragraph shall preclude or impede the City Council from exercising such additional authority as may be conferred by other provisions in this agreement or by State or Federal law.

ARTICLE 36: FULL FORCE AND EFFECT.

All provision of Agreement shall remain in full force and effect for the duration of this Agreement.

ARTICLE 37: TERM OF AGREEMENT.:

The term of this Agreement shall cover the period beginning July 1, 202218, and shall continue in full force and effect through June 30, 202521.

ARTICLE 38: REOPENERS.

City and Association agree to a reopener during the 2022/2023 Fiscal year to discuss schedule change implementation and potential for shift differential pay.

ARTICLE 39: RATIFICATION AND EXECUTION.:

The City and the Association acknowledge that this Agreement shall be in full force and effect once adopted by the City Council for the City of Nevada City. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Association and entered into this _____ day of ________ 202218.

CITY OF NEVADA CITY NEVADA CITY MISCELLANEOUS
EMPLOYEES ASSOCIATION.

By: By:

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Formatted: Heading 1, Left, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 16 Catrina OlsonSean Grayson, City Manager Monica BarbaoBrittnie Neundorfer
By:

By:

Loree’ McCay, Administrative Services Manager
Bill SanderBrandon Pierce
By:________________________
Shane KinneJesse Ford
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17 APPENDIX A
Monthly salaries as of First Pay Period in July 2022 with 6% increase:

Position Range Step A Step B Step C Step D Step E
Accounting Technician 21 4219.62 4430.60 4652.13 4884.73 5128.97 Community Services Officer /
Code Enforcement 15 3638.57 3820.49 4011.52 4212.09 4422.70 Customer Service Representative 18 3918.33 4114.25 4319.97 4535.96 4762.76 Maintenance Worker I 9 3137.53 3294.40 3459.12 3632.08 3813.68 Maintenance Worker II 17 3822.76 4013.90 4214.60 4425.33 4646.59 Records Clerk 16 3729.53 3916.00 4111.80 4317.39 4533.26 Wastewater/Water Operator-InTraining (OIT) 25 4657.67 4890.55 5135.09 5391.84 5661.43 Wastewater/Water Operator II 30 5269.73 5533.21 5809.87 6100.36 6405.39 Formatted: Left, Indent: Left: 0", First line: 0"
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18 As of 7/1/17
Customer Service Representative A B C D E
Monthly $3,357.64 $3,525.41 $3,701.35 $3,886.34 $4,080.60 $ 40,292 $ 48,967 Hourly $ 19.37 $ 20.34 $ 21.35 $ 22.42 $ 23.54
As of 7/1/18: 2.0%

A B C D E
Monthly $3,424.79 $3,596.03 $3,775.83 $3,964.62 $4,162.86 $ 41,098 $ 49,954 Hourly $ 19.76 $ 20.75 $ 21.78 $ 22.87 $ 24.02
As of 7/1/19: 2.5%

A B C D E
Monthly $3,510.41 $3,685.93 $3,870.23 $4,063.74 $4,266.93 $ 42,125 $ 51,203 Hourly $ 20.25 $ 21.26 $ 22.33 $ 23.44 $ 24.62
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Administrative Services Analyst A B C D E
Monthly $3,612.61 $3,793.62 $3,983.47 $4,182.15 $4,390.76 $ 43,351 $ 52,689 Hourly $ 20.84 $ 21.89 $ 22.98 $ 24.13 $ 25.33
As of 7/1/18: 2.0%

A B C D E
Monthly $3,684.86 $3,869.10 $4,062.56 $4,265.69 $4,478.97 $ 44,218 $ 53,748 Hourly $ 21.26 $ 22.32 $ 23.44 $ 24.61 $ 25.84
As of 7/1/19: 2.5%

A B C D E
Monthly $3,776.98 $3,965.83 $4,164.12 $4,372.33 $4,590.94 $ 45,324 $ 55,091 Hourly $ 21.79 $ 22.88 $ 24.02 $ 25.22 $ 26.49
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Police Records Coordinator A B C D E
Monthly $3,144.32 $3,301.47 $3,466.67 $3,640.53 $3,822.43 $ 37,732 $ 45,869 Hourly $ 18.14 $ 19.05 $ 20.00 $ 21.00 $ 22.05
As of 7/1/18: 2.0%

A B C D E
Monthly $3,207.21 $3,367.57 $3,535.94 $3,712.74 $3,898.38 $ 38,486 $ 46,781 Hourly $ 18.50 $ 19.43 $ 20.40 $ 21.42 $ 22.49
As of 7/1/19: 2.5%

A B C D E
Monthly $3,287.39 $3,451.75 $3,624.34 $3,805.56 $3,995.84 $ 39,449 $ 47,950 Hourly $ 18.97 $ 19.91 $ 20.91 $ 21.96 $ 23.05
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
Annual Range
Annual Range
Annual Range
CITY OF NEVADA CITY - 5 STEP SALARY SCHEDULE
JULY 2018

MISCELLANEOUS UNIT - EXHIBIT A
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
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19 As of 7/1/17
Department of Public Works - Maintenance Worker I A B C D E Monthly $2,652.95 $2,784.91 $2,924.33 $3,070.63 $3,224.39 $ 31,835 $ 38,693 Hourly $ 15.31 $ 16.07 $ 16.87 $ 17.72 $ 18.60
As of 7/1/18: 2.0%

A B C D E
Monthly $2,706.01 $2,841.31 $2,983.37 $3,132.54 $3,289.17 $ 32,472 $ 39,470 Hourly $ 15.61 $ 16.39 $ 17.21 $ 18.07 $ 18.98
As of 7/1/19: 2.5%

A B C D E
Monthly $2,773.66 $2,912.34 $3,057.96 $3,210.86 $3,371.40 $ 33,284 $ 40,457 Hourly $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.45
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Department of Public Works - Maintenance Worker II A B C D E Monthly $3,226.68 $3,387.90 $3,557.61 $3,735.01 $3,922.05 $ 38,720 $ 47,065 Hourly $ 18.62 $ 19.55 $ 20.52 $ 21.55 $ 22.63
As of 7/1/18: 2.0%

A B C D E
Monthly $3,291.22 $3,455.78 $3,628.57 $3,810.00 $4,000.50 $ 39,495 $ 48,006 Hourly $ 18.99 $ 19.94 $ 20.93 $ 21.98 $ 23.08
As of 7/1/19: 2.5%

A B C D E
Monthly $3,373.50 $3,542.17 $3,719.28 $3,905.25 $4,100.51 $ 40,482 $ 49,206 Hourly $ 19.46 $ 20.44 $ 21.46 $ 22.53 $ 23.66
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Department of Public Works - Senior Maintenance Worker A B C D E Monthly $3,412.93 $3,584.53 $3,763.07 $3,950.26 $4,147.86 $ 40,955 $ 49,774 Hourly $ 19.69 $ 20.68 $ 21.71 $ 22.79 $ 23.93
As of 7/1/18: 2.0%

A B C D E
Monthly $3,481.19 $3,655.25 $3,838.01 $4,029.91 $4,231.41 $ 41,774 $ 50,777 Hourly $ 20.08 $ 21.09 $ 22.14 $ 23.25 $ 24.41
As of 7/1/19: 2.5%

A B C D E
Monthly $3,568.22 $3,746.63 $3,933.96 $4,130.66 $4,337.19 $ 42,819 $ 52,046 Hourly $ 20.59 $ 21.62 $ 22.70 $ 23.83 $ 25.02
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
CITY OF NEVADA CITY - 5 STEP SALARY SCHEDULE
JULY 2018

MISCELLANEOUS UNIT - EXHIBIT A
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
20 As of 7/1/17
Wastewater/Water Plant Operator Grade II A B C D E
Monthly $4,517.69 $4,743.96 $4,980.17 $5,230.06 $5,491.21 $ 54,212 $ 65,894 Hourly $ 26.06 $ 27.37 $ 28.73 $ 30.17 $ 31.68
As of 7/1/18: 2.0%

A B C D E
Monthly $4,608.04 $4,838.45 $5,080.37 $5,334.39 $5,601.11 $ 55,297 $ 67,213 Hourly $ 26.58 $ 27.91 $ 29.31 $ 30.78 $ 32.31
As of 7/1/19: 2.5%

A B C D E
Monthly $4,723.25 $4,959.41 $5,207.38 $5,467.75 $5,741.14 $ 56,679 $ 68,894 Hourly $ 27.25 $ 28.61 $ 30.04 $ 31.54 $ 33.12
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Wastewater/Water Plant Operator Grade III - Lead A B C D E Monthly $4,872.40 $5,115.06 $5,371.60 $5,640.26 $5,922.80 $ 58,469 $ 71,074 Hourly $ 28.11 $ 29.51 $ 30.99 $ 32.54 $ 34.17
As of 7/1/18: 2.0%

A B C D E
Monthly $4,969.85 $5,218.34 $5,479.26 $5,753.22 $6,040.88 $ 59,638 $ 72,491 Hourly $ 28.67 $ 30.11 $ 31.61 $ 33.19 $ 34.85
As of 7/1/19: 2.5%

A B C D E
Monthly $5,094.09 $5,348.80 $5,616.24 $5,897.05 $6,191.90 $ 61,129 $ 74,303 Hourly $ 29.39 $ 30.86 $ 32.40 $ 34.02 $ 35.72
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
As of 7/1/17
Community Services Officer II A B C D E
Monthly $2,942.94 $3,090.08 $3,244.59 $3,406.82 $3,244.59 $ 35,315 $ 38,935 Hourly $ 16.98 $ 17.83 $ 18.72 $ 19.65 $ 18.72
As of 7/1/18: 2.0%

A B C D E
Monthly $3,001.80 $3,151.89 $3,309.48 $3,474.95 $3,648.70 $ 36,022 $ 43,784 Hourly $ 17.32 $ 18.18 $ 19.09 $ 20.05 $ 21.05
As of 7/1/19: 2.5%

A B C D E
Monthly $3,076.84 $3,230.68 $3,392.22 $3,561.83 $3,739.92 $ 36,922 $ 44,879 Hourly $ 17.75 $ 18.64 $ 19.57 $ 20.55 $ 21.58
As of 7/1/20: Re-opener
A B C D E Annual Range
Monthly $ - $ -
Hourly
CITY OF NEVADA CITY - 5 STEP SALARY SCHEDULE
JULY 2018

MISCELLANEOUS UNIT - EXHIBIT A
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
Annual Range
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Exhibit B
21 City of Nevada City
Travel and Meeting Reimbursement Policy
I. Purpose
The City has adopted this policy to control the cost of travel, training, and meetings and to fairly reimburse individuals for actual and necessary expenses.

III. General

2. Upon request the City will advance money and reimburse claims for reasonable expenses incurred while traveling or performing other City business within the guidelines of this policy. Examples of personal expenses that the City will not reimburse include, but are not limited to:
a. The personal portion of any trip;
b. Political or charitable contributions or events;
c. Family expenses, including partner’s expenses when accompanying officials or employee on agency-related business, as well as children or pet-related expenses;
Exhibit B
22 d. Entertainment expenses, including alcohol, theater, movies (either in-room or at the theater), sporting events (including gym, massage, and/or golf related expenses), or other cultural events;
e. Certain personal automobile expenses, including repairs, traffic citations, or insurance; and,
f. Personal losses incurred while on City business.

IV. Review/Approvals

V. Advances/Payment Amounts

3. Air Travel – The lowest fare available a minimum of two weeks before the event should be utilized, unless a shorter time frame is required. Airfare may be charged to a City credit card or a personal credit card. In all cases, copies of the ticket or ticket-less voucher depicting the cost must be attached to the Expense Exhibit B
23 Reimbursement Form. Only coach class will be reimbursed, consistent with C.2 above. Upgrades in class will be at the employee’s expense.

If you purchase an alcoholic beverage with your meal you just deduct the cost of the beverage, including tax and tip, from your request for reimbursement.

7. Business related expenses – Reasonable miscellaneous business-related expenses are reimbursable according to business circumstances.

8. Telephone/Fax/Cellular/Internet – Reimbursement may be authorized for actual and necessary telephone, fax, and short-term Internet expenses incurred on City business when not otherwise covered under a pre-existing plan or service arrangement.

Telephone or other bills should identify which services were used on City business.

Exhibit B
24 To the extent possible anyone traveling for City business should make every effort to use Internet access provided by the conference rather than paying daily access charges.

VI. Reimbursement Request

3. Petty cash may not be used for travel expense reimbursements unless the reimbursement is only for local mileage and is under $50.

4. Individuals electing to drive to any meeting or event shall receive the IRS standard mileage reimbursement rate, up to $.55 or the cost of the lowest airfare and ground transportation.

6. Employees electing to use credit cards (personal or City) for trip expenses must produce detailed receipts of the kind mentioned above for their purchases.

7. Business-related telephone charges will be reimbursed for employees who are not provided a phone allowance.

Exhibit B
25 8. The Finance & Administration will receive and review all documentation prior to the issuance of a warrant for reimbursement.

This policy satisfies the requirements of Government Code sections 53232.2 and 53232.3.

City of Nevada City, California (City)
&
Nevada City Miscellaneous Employee’s Association (Association) 2022 Negotiations for Successor MOU
Comprehensive Tentative Agreement
Tentative Agreement Date: June 6, 2022
Agreed upon via email confirmation between Sean Grayson, City Manager (City) and Brittnie Neundorfer; Brandon Pierce; and Jesse Ford, Association Representatives (Association).

This document represents the comprehensive tentative agreement between the City and the Association.

The completed successor MOU will be subject to approval by the City and Association prior to ratification.

This comprehensive tentative agreement was reached by informal negotiations, there were no specific proposals and as such there are no outstanding proposals nor proposals to note as withdrawn.

The total estimated cost of implementation of the comprehensive tentative agreement in fiscal year 2022-2023 is: $112,000 representing a 7.2% increase in cost assuming all positions are filled.

Item 5. Clothing Allowance
• Update MOU to reflect side letters on the topic.
• City to provide 1 sweatshirt, 1 hat, and 1 beanie (with City Logo) per fiscal year beginning October 1, 2022 or earlier upon an approved standard for the items. • Boot allowance for Operations $250, for Public Works Maintenance $350 annually.

Item 6. Vacation
● All members of the bargaining unit will be credited with an additional 40 hours of vacation in the first pay period of January 2023.

Item 7. Article 23 Leaves of Absence
• Add language to reflect employees may take any additional leaves of absence identified in the City personnel policies and rules.

Item 8. Standby / On-Call Pay
● Integrate side letter language.
● Convert water / wastewater operations standby from hourly rate to hours of compensation rate.

Item 9. Compensatory Time
● Change maximum CTO accrual to 60 hours.

Item 10. License Certificate Incentive Pay
● City to establish one (1) 1.25% special certificate pay and one (1) 2.5% special certificate pay per classification by January 1, 2023.
● Maximum special certificate pay 3.75%
● Maximum pay for distribution, water, or wastewater certification above job requirements 5% instead of 2.5%
● Employee may not receive certificate pay in the same fiscal year that tuition reimbursement is used for the same classes.

Item 12. Education Incentive (New)
● Employees who possess an Associate’s degree (AA/AS) from an accredited college or university shall receive 2.5% above their base pay, or
● Employees who possess a Bachelor’s degree (BA/BS) from an accredited college or university shall receive 5% above their base pay, or
● Employees who possess a Master’s degree (MA/MS) from an accredited college or university shall receive 7.5% above their base pay, or
● Incentives cannot be combines, maximum educational incentive to 7.5%. ● Accredited shall mean accredited by a national or regional accrediting body within the United State of America as generally interpreted in higher education. ● Employee may not receive education pay in the same fiscal year that tuition reimbursement is used for the same classes.

Item 13. Term
● Term of the successor MOU shall be July 1, 2022, through June 30, 2025 (three year contract).

Item 14. Appendix A Salary Schedule and Appendix B Travel Policy ● Include updated salary schedule in successor MOU appendix A ● Include updated language on Travel policy
Item 15. Reopeners
● City and Association agree to a reopener for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
● City and Association agree to a reopener to discuss schedule change implementation and potential for shift differential pay.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 14
Subject: Consideration of Authorizing the City Manager to Develop and Implement an Interim Sidewalk Dining and Retail Permitting Process and a Trial Bollard Street Closure Schedule for Commercial Street Through September 30, 2022
From: Sean Grayson, City Manager
Date: June 17, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Discuss and authorize the City Manager to implement the related plans.

ISSUE STATEMENT AND DISCUSSION:

The Commercial Street construction project is near completion and the road and sidewalk surfaces are open and available for the community’s use. The project had contemplated the possible permitting of sidewalk dining, but no process has been established. During the pandemic both restaurants and retailers on Commercial Street enjoyed outdoor use of the closed street segment. The outdoor dining permits issued for dining in parking spots are not applicable to the area of the construction project as there are no longer parking spots in the street segment.

On June 14, 2022, the Planning Commission held a workshop on the topic of outdoor dining in the rightof-way for the purpose of soliciting community input toward a permanent ordinance. Much of the public comment included the need for a temporary use authorization on the newly open Commercial Street in a similar fashion as to the extended outdoor dining permits.

The City Manager has scheduled a listening session, in coordination with the Nevada City Chamber of Commerce, for Monday June 20, 2022, to garner consensus on a workable temporary solution to allow for the use of the expanded Commercial Street sidewalks through the summer months while the permanent ordinance is being created.

The following framework is proposed as a temporary permitting process:
• Any sidewalk use would require a no-fee permit application using the same insurance requirements as right-of-way dining permits.
• The process would only be applicable to the section of Commercial Street above Main and below Pine Streets and any other restrictions established.
• Permits would only be for the area in front of an establishment or adjacent with permission in the same fashion as right-of-way dining permits.
• Commercial Street would not be authorized for use and would be required to remain accessible for emergency vehicles.
• City Council approved special events with street closures would be an exception to the process. • A five-foot clear path of travel and eight foot overhead clearance would be required, and a map indicating dimensions would need to be included for any application. • The size and location of tables, chairs, racks, and signage would be standardized. • The specific tables, chairs, and umbrellas used, their material and color would be standardized. • Permit holders would be responsible for removing all items from the sidewalk during non-business hours.
• Permit holders would be responsible for cleaning of the designated area at intervals identified in the permit.
• Permit holders would be responsible for the removal of cigarette butts, garbage, or other waste in their designated area.

Additionally, a trial schedule and calendar for the raising and lowering of the bollards on Commercial Street would be established and implemented. The following considerations would apply to the trial:
• The street would remain open and unobstructed for emergency vehicle access at all times. • The street would remain open for through traffic during regular business hours of the City and Nevada City Courthouse (Monday-Friday 8am to 5pm except holidays). • The actual schedule would be approved in advance and shared by the City and Chamber of Commerce.
• The trial hours and days would be subject to reduction or elimination based upon impact. • An example schedule would be the raising of the bollards on each Friday at 6pm and the lowering of the bollards at 6am the following Monday.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The proposed temporary program would not have any direct revenue or expense. The value of land use, revenue loss and other related financial impacts of a future permanent ordinance on outdoor dining would be identified in the ordinance development process for the City Council’s consideration.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

None

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 15
Subject: Consideration of the Adoption of the Nevada City Street Sign Replacement Design Program
From: Amy Wolfson, City Planner
Date: June 16, 2022
Reviewed & Approved:

STG
Recommended Actions:
• Direct staff to replace street signs substantially in the style selected by the Planning Commission at their regular meeting held June 16, 2022.

ISSUE STATEMENT AND DISCUSSION:

As part of a strategic goal set at the February 10, 2020 City Strategic Planning session, the City established the “Nevada City Fire Safety Advisory Committee.” The Advisory Committee provided an update to Council at their November 18, 2020, and May 25, 2022, meetings, which included a recommendation to replace the wooden street signs with signs that could be more easily read by out-of-the-area fire personnel, and with a more durable material so that they would be less likely to burn in the event of a fire. Furthermore, the Public Works Department has indicated that many of the current street signs are in a deteriorated state and need to be replaced.

PLANNING COMMISSION RECOMMENDATION:
1) The Planning Commission made a recommendation that Council direct staff to replace street signs on an “as-needed” basis, substantially in the style selected by the Planning Commission at their regular meeting held June 16, 2022, to feature the following design elements:
a) A white sign background Color
b) A black font color
c) A black border around the font
d) A sans serif font style in all capital letters, whereby directional notations are abbreviated (i.e. N., S., E., and W.) and whereby street categories (i.e. AVE., ST., RD., etc) are abbreviated and depicted in a smaller font size
e) A fluted sleeve, in satin black shall be applied to break-away sign posts in the Historic District f) No graphics shall be applied
g) Sign posts outside the Historic District will have a standard break away post powder-coated in satin black and powder-coated hardware in satin black
h) A decorative finial post top shall be considered at a future date with practical options to be provided by staff
ENVIRONMENTAL REVIEW:

The CEQA Guidelines for Categorical Exemption §15301 includes minor alteration of existing public or private facilities involving no or negligible expansion of use beyond the existing use. Consistent with this exemption, replacement of street signs is a routine maintenance matter and will not expand an existing use.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Based on a 2020 estimate of $35 per street sign, and Public Works Superintendent Kinne quotes for post costs, staff estimates standard powder-coated, break-away posts and signage will be approximately $120 per replacement outside the Historic District and $300 per replacement within the Historic District to include the decorative sleeve option.
1 Gabrielle Christakes
From: Kathryn McCamant <[email protected]> Sent: Thursday, June 16, 2022 4:40 PM
To: Public Comment
Subject: Land for the Nisenan
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Dear City Manager and City Council Members,
I very pleased to see the June 3rd Opinion piece in the Union that Nevada City is considering giving back land to the Nisenan.

As a Nevada City homeowner and business owner, I strongly support this effort.

I would also like to see more informational plaques and information around town about the people that lived here for thousands of years before us, to complement the over indulgence of mining artifacts. We can tell a much longer history.

Please let me know if there is any way I can help with this effort.

Katie
‐‐
Kathryn McCamant, President
CoHousing Solutions
Nevada City, CA 95959
T.530.478.1970 C.916.798.4755
www.cohousing‐solutions.com
1 Gabrielle Christakes
From: Simone Weit <[email protected]>
Sent: Thursday, June 16, 2022 7:52 AM
To: Public Comment
Subject: Re: Outdoor Dining on Commercial St
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On Thu, Jun 16, 2022 at 7:48 AM Simone Weit <[email protected]> wrote:

To whom it may concern,
I strongly advocate for the inclusion of public dining on commercial Street particularly in front of Heartwood. The idea that this was not actually included as a part of the commercial Street upgrade feels like a huge oversight. In light of the ongoing COVID‐19 pandemic it seems particularly strange that there would be any limits currently placed on outdoor dining particularly if it would not impede pedestrians. There are many customers such as myself who would strongly prefer to be seated outside given the current rise in Covid cases. Furthermore the street looks barren and uninviting without any seating or greenery. Having outdoor seating would certainly increase commerce to the area. Expediting this action feels particularly important since outdoor dining is seasonal and this time of year is probably the best moment for an outdoor dining option given that we are either dealing with wildfire smoke or inclement weather other times of the year. I believe that with the Patience businesses have shown during construction , the least that the city can do at this point is honor any requests for outdoor dining.

Sincerely,
Simone Weit
Nevada City resident at  10453 Park Avenue Ext
‐‐
Simone Weit LPCC   she/her
www.simoneweit.com
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Simone Weit LPCC   she/her
www.simoneweit.com
Confidential: Please be advised that the information contained in the email message including all attached documents or files, is privileged and confidential and is intended only for the use of the individual or individuals addressed. Any other use, dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please delete this message and notify us of incorrect delivery by immediate reply. 1 Gabrielle Christakes
From: Stu Chuang Matthews <[email protected]>
Sent: Friday, June 10, 2022 6:22 AM
To: Public Comment
Subject: Fwd: support transferring land to Nisenan tribe Attachments: Forwarded message — support transferring land to Nisenan tribe CAUTION: This email is from an external sender. If you are not expecting this email or don't recognize the sender, consider deleting.

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Our View: Nisenan, present and future
Lip service is easy, and costs you nothing.

The Nevada City Council does it at the start of every meeting — the Nisenan Tribe recognition. “This City Council meeting convenes on the ancestral territories of the Nevada City Rancheria Nisenan Tribe.” It’s followed by the Pledge of Allegiance and roll call.

But now the council is doing something about it. It’s no longer just lip service, but instead a discussion at council level — serious discussion about giving land to the Nisenan that once belonged to them.

The reason is because the tribe must own property that once was part of its federally recognized lands to gain federal recognition. It’s a designation it lost decades ago, and has been trying to regain for years.

According to Nevada City Manager Sean Grayson, the city has been working with the nonprofit California Heritage: Indigenous Research Project to find some land next to the Nevada City Airport that will work.

Problem is, a piece of the airport land won’t work because it doesn’t qualify. To meet the criteria, the city is looking at working with nearby parcel owners. It would do a lot-line adjustment to take a small piece of property and then attach it to the airport parcel. Then officials would take that bit of land and give it to CHIRP.

And, once done, it won’t just be lips moving, but actions taken.

The Nisenan, through the efforts of its spokesperson, Shelly Covert, has cultivated great respect from western Nevada County residents. Many of us have come to the realization, if we didn’t already have it, that the Nisenan Tribe isn’t just a part of our history.

It’s a part of our present and future as well.

For those wanting to learn more, check out the Nisenan’s ‘Uba Seo Gallery, 225 Broad St., Nevada City. Hours are noon to 5 p.m. today, noon to 5 p.m. June 10 to 12, and then 1 to 6 p.m. Thursdays and noon to 5 p.m. Saturdays.

Federal recognition strengthens Nevada County, regardless of your ancestry. It’s past time we stopped just talking about it, and did something.

Of course, there will be questions and concerns. Many people may think of casinos when the subject of federal recognition comes up.

Covert has said that while the tribe is eager for that recognition, it would not build a casino if granted.

Then there’s the issue of obtaining the land, which as of last week remained in the very early stages. Covert said the city hasn’t yet approached landowners about the proposal.

Regardless of any other factors, this isn’t a project that will be completed quickly. There will be time for discussion, for public comment, and for the process to play out as it should — with input from everyone, and people properly compensated for any land that’s transferred.

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Our View FOLLOW OUR-VIEW | June 3, 2022
The Union Editorial Board
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The history of the Nisenan is written in the stones around us. It’s in the waters where they fished, and the trees that dot the landscape. Pursuing this land-back initiative isn’t merely a wise move for historical and tourism reasons, it’s the right moral and ethical move. It’s a move this county, and its residents, should support.

We can’t change the past, or how the Nisenan people were treated when settlers first arrived here. We can’t change the subsequent removal of their federal status, and the seemingly endless court actions that have followed.

But we can make a decision at this moment to support a project that is warranted. We can acknowledge the harm that was done, and work toward a better future, not just with a recognition at the start of a council meeting, but a federal recognition supported by real action from Nevada City and this county.

And those aren’t just empty words.

The weekly Our View editorial represents the consensus opinion of The Union Editorial Board, a group of editors and writers from The Union, as well as informed community members. Contact the board at [email protected] Support Local Journalism
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From: Pauli Halstead
To: Public Comment
Subject: Public Comment Re: The Nevada Historic District Initiative Date: Tuesday, June 21, 2022 6:39:43 AM
Attachments: Initiatiative as Submitted.pdf
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The Committee for Nevada City Historic Neighborhoods District is going door-to-door circulating a petition for The Nevada City Historic District Initiative. The initiative is designed to thwart the implementation of Senate Bill 9 (California’s H.O.M.E. Act) a multi-year effort to develop solutions to address our state’s housing crisis.

In 1968, the City determined that departure from the Gold Rush era architectural style would be detrimental to historic places and buildings, and adopted the Historical Ordinance to protect the downtown historic district against such changes.

Now, The Nevada City Historic District Initiative wants to expand the Historical District and implement strict architectural review criteria to all existing neighborhoods it deems historic.

Furthermore, the Initiative would give authority to the city council to implement this meanspirited agenda. The consequences for property owners within the newly expanded Historic District would be subject to the same cumbersome architectural reviews by the Planning Commission currently employed in the Historic District and would result in untold expenses when doing maintenance, repairs, or additions to your home.

Make no mistake, the Historic District Initiative is designed to curtail your choices as to what you can do with your property. The fear mongering taking place with the proposed initiative that the architectural character of the city will significantly change, is just not going to happen. We have suffient design guidelines in place already. Don’t let the city council decide what you can do or not do with your property. There is no reason to fear that our architectural heritage is in danger!
I have attached the Initiative. Please enter it into the agenda packet. Also, in the interest of transparency, the Initiative should be posted on the city website so all residents in Nevada City have access to it and don't have to do a Public Records request to obtain it. Not to do so would be negligent on the part of the city in keeping its constituents fully informed.

Pauli
--
Pauline Halstead
423 South Pine St.

Nevada City, Ca 95959
home: 530-265-6704

Nevada City City CouncilJune 22, 2022

Nevada City City Council
June 22, 2022