Agenda packet — City Council and Authorities Concurrent, May 24, 2022 (part 4 of 10)

2. That P&P 014 Funding Requests - Championship Teams/Individuals is hereby rescinded.

3. Effective date. This resolution shall become effective immediately

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 18th DAY OF SEPTEMBER, 2018, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Community Grant Policy
Kolstad, Mahan, O'Neill, and Watanabe and
Mayor Gillmor
None
Davis
None
ATTES~;· ~:, ~· _,,_::....i,,~.....-..:;=Z....L..,i.u...::...~l-,k---

JENNIFER YAMAG MA

ACTING CITY CLERK

CITY OF SANTA CLARA

2. P&P 014 Funding Requests - Championship Teams/Individuals Resolution/Adoption of Community Grant Policy
Rev: 8/31/18

Page 2 of 2 ends

I:\Commissions\Cultural Commission\Funding requests\2018-19\funding eligibility criteria 2018.doc

CULTURAL COMMISSION

REQUEST FOR FINANCIAL ASSISTANCE
APPLICATION PROCEDURE/GUIDELINES – Revised November 6, 2017 The purpose of this application is to allow Santa Clara based cultural groups to submit a request for assistance to meet significant community needs. To be eligible, programs for which funding is requested must relate services to existing City goals, policies, and plans.

Criteria for Program Evaluation
Applications are reviewed and evaluated by the Cultural Commission, concerning the following criteria:

A. Community Contribution: An evaluation of the group’s community contribution will be made with special emphasis on an analysis of the attributes that make the applicant’s program valuable in terms of need and/or uniqueness.

B. Reflection of Community Diversity: Although all proposals and requests brought before the Cultural Commission will be given the same level of consideration in the approval process, the Commission strongly encourages applicants to recognize and reflect the diversity that makes up the City of Santa Clara. This reflection and recognition may be in the group’s structure, in its artistic vision, in the composition of its membership and direction, or in its choice of repertory.

C. Artistic Level: Programs must be of interest and value to the community, and demonstrate public recognition of quality performance and artistic capability.

D. Internal Management and Fiscal Responsibility: Organizations should be well managed; they should have funding sources other than the City of Santa Clara, and should have the highest possible ratio of earned income to grants and contributions.

They should strive to meet nationally accepted norms of good management in their field of endeavor.

E. Public Profile: Organizations receiving grants must actively pursue a high profile and high visibility within the City (and in the case of major professional organizations, outside the city as well) through an aggressive policy of public education and program promotion.

Eligible Organizations:

A. The primary purpose of the organizations must be the advancement of the arts in the City of Santa Clara. Organizational categories include:

1. Major Organizations – For example: museum, ballet, symphony, light opera, resident theater, and opera.

RTC 21-1129 - Attachment 2

2. Minor Organizations – For example: galleries, dance theater, festivals, literary and poetry groups, film festival/series, one-time projects, and small music groups.

3. Educational and Multi-cultural Groups – Groups that educate and promote deeper engagement in the arts to a more diverse audience.

4. Exceptional Projects – New organizations may be considered for start-up funding if the project is of exceptional merit. These organizations are encouraged to seek advice and counsel from existing successful groups in the community.

B. Organizations must have been in existence for at least one year (Exception: See A (4) above).

C. Organizations must be community based. This means that at least 51% of the group participants and/or Board of Directors shall be Santa Clara residents, or the organization shall have its principal office and base of operations in the City of Santa Clara. Although not required, it is preferred that organizations have “Santa Clara” or “Mission City” as part of their name.

D. Groups must be able to demonstrate California corporate non-profit status.

E. Have governing body that is vested in a responsible and active board, which meets at least annually and establishes and enforces policies.

F. Be willing to work toward achieving the goals of the Cultural Commission for the City of Santa Clara.

G. Be willing to acknowledge the support of the Santa Clara Cultural Commission where appropriate and include this information on all printed material related to funding, including programs, etc. (e.g. collateral, events, opening of events, magazines and booklets, website, Facebook, and email).

H. Be willing to provide a free concert or demonstration performance in Santa Clara at a mutually agreed upon time and location sometime during the fiscal year.

I. Be willing to help volunteer at Cultural Commission events and provide marketing materials for events.

1. Is your organization a registered California corporate non-profit? Yes No

2. Is at least 51% if your organization's participants and/or Board of Directors Santa Clara residents? Yes No

3. Is your organization's principal office and base of operations in the City of Santa Clara? Yes No

4. Does your organization have an active board that meets at least annually and establishes and enforces policies?
Yes No

5. Please describe how your organization contributes to the Santa Clara community:

6. Please describe how your organization reflects the diversity that makes up the City of Santa Clara. This reflection may be in the group's structure, in its artistic vision, in the composition of its membership and direction, or in its choice of repertory:

7. What are some strategies and approaches that your organization have utilize in the past year to increase marketing, membership and the number of attendance?

8. Is your organization willing to acknowledge the support the City of Santa Clara where appropriate and include this information on all printed material related to to funding, including programs, etc. (e.g. collateral, events, opening of events, magazines and booklets, website, Facebook, and email)? Yes No

9. Is your organization willing to provide a free concert or demonstration performance in Santa Clara at a mutually agreed upon time and location sometime during the fiscal year? Yes No

10. Is your organization willing to help volunteer at Cultural Commission events and provide marketing materials for events?
Yes No
Questions
Questions
2018-19 FUNDING APPLICATION
City of Santa Clara Page 6
Organization Event
Final Grant
Amount
Approved by
the City
Anticipated
Event/Activity
Budget
Percentage of
Event Covered
by Grant
Funds Based
on Anticipated
Budget
Amount of
Grant Funds
Used/Will be
Used on City
Permits and
Fees
Percentage of
Grant
Used/Will Be
Used on City
Permits Notes
American Cancer Society
Relay for Life Santa Clara 2019 -
April 27-28, 2019 $ 8,682 $ 9,845 88% $ 1,580 18%
American Legion Post No. 419 Annual Car Show - June 9, 2019 $ 3,250 $ 4,500 72% $ 698 21% Catalyze SV on behalf of Social Good
Fund
Change, Growth and Planning:

Envisioning Santa Clara County

3.0 Workshop - June 5, 2019 $ 2,000 $ 2,000 100% $ 250 13% Historic Preservation Society of Santa
Clara
2019 Historic Home Tour Dinner -
December 7, 2019 $ 4,105 $ 4,105 100% $ 2,340 57%
Kidzrule, Inc.

Santa Clara Children's Business
Fair - October 12, 2019 $ 9,311 $ 10,311 90% $ 1,911 21% $1,911 disbursed in
FY 19-20
Korean Chamber of Commerce of
Silicon Valley Korea Day - August 11, 2018 $ 7,850
No anticipated
budget was
submitted
No anticipated
budget was
submitted $ 1,248 16%
Miss Santa Clara Scholarship
Organization
Miss Santa Clara and Miss Santa
Clara's Outstanding Teen
Competition - January 19, 2019 $ 5,185 $ 15,327 34% $ 5,185 100% Santa Clara County Camellia Society
78th Annual Camellia Flower Show
- February 23-24, 2019 $ 8,702 $ 12,439 70% $ 8,702 100% Santa Clara Firefighters Foundation
Firehouse Run - December 2,
2018 $ 10,000 $ 40,081 25% $ 7,982 80%
Santa Clara Sister Cities Association Afternoon Tea - February 9, 2019 $ 2,533 $ 3,390 75% $ - 0% Santa Clara Women's League
Showtime (Performance,
Rehersals, Meetings) and Regular
Monthly Meetings $ 17,159
Group only
submitted
anticipated
budget for facility
usage
Group only
submitted
anticipated
budget for
facility usage $ 17,159 100%
$ 78,776 $ 101,999 73% $ 47,055 48%
Total in Budget $ 100,000.00
Total Awarded $ 78,776
Total Funds Remaining $ 21,224.09
Total
Community Grants for General Events and Activities Summary Table FY 2018-2019
RTC 21-1129 - Attachment 3
Organization Event
Grant Amount (20% of
eligible expenses)
Buchser Middle School Music
Association
Performance at Disneyland - May 5-
6, 2019 $ 10,000
CALDI Team
Destination Imagination Global
Finals - May 23-26, 2018 $ 912
Santa Clara High School Music Boosters
Western Band Association
Marching Band Competition -
October 13 & 20, November 3 &
10, 2018 $ 1,590
Santa Clara PAL-GAL
California State Games USA
Softball C-Region 14
Championship Tournament - July
13-15, 2018 $ 1,572
Santa Clara Parks & Recreation Dance
Team
Performance at Disneyland - April
12-14, 2019 $ 9,074
$ 23,148
Total in Budget $ 36,000.00
Total Awarded $ 23,148.00
Total Funds Remaining $ 12,852.00
Championship Team Fund Program Summary Table
FY 2018-2019
Total
Organization Event
Final Grant
Amount
Approved by
the City
Anticipated
Event/Activity
Budget
Percentage of
Event Covered
by Grant
Funds Based
on Anticipated
Budget
Amount of
Grant Funds
Used/Will be
Used on City
Permits and
Fees
Percentage of
Grant
Used/Will Be
Used on City
Permits Notes
American Cancer Society
Relay for Life Santa Clara 2020 -
April 25-26, 2020 $ 6,159 $ 8,000 77% $ 91 1%
Catalyze SV on behalf of Social Good Fund
Envisioning Great Places -
October 16, 2019 $ 1,205 $ 1,500 80% $ 185 15%
Community X on behalf of TAP Inc.

Cx: The Element of Change Social
Impact Summit 2019 - September
27, 2019 $ 10,000 $ 50,000 20% - 0%
Historic Preservation Society of Santa
Clara
2019 Historic Home Tour Dinner -
December 7, 2019 $ 4,105 $ 4,105 100% $ 2,340 57%
Santa Clara Children's Business
Fair - October 12, 2019 $ 1,911 $ 10,311 19% $ 1,911 100% $9,311 grant awarded in
FY 18-19. However,
facility payment was
disbursed in FY 19-20.

Santa Clara Children's Business
Fair - October 17, 2020 $ 10,000 $ 12,915 77% $ 1,247 12% Positive Alternative Recreational
Teambuilding Impact (PARTI)
ExPosure - October 24, 2019 and
four youth training events on
September 21 & November 9,
2019 and February 22 & April 18,
2020 $ 10,000 $ 24,085 42% $ 1,248 12%
Santa Clara County Camellia Society
79th Annual Camellia Flower Show
- February 23-24, 2020 $ 10,000 $ 13,737 73% $ 10,000 100% Santa Clara Lions Football Club
Santa Clara Lions Annual Awards
Ceremony - January 26, 2020 $ 2,684
Group only
submitted
anticipated
budget for facility
usage - $ 2,648 99%
Santa Clara Firefighters Foundation
Firehouse Run - December 1,
2019 $ 10,000 $ 40,081 25% $ 7,982 80%
Santa Clara Sister Cities Association Afternoon Tea - February 9, 2020 $ 4,661 $ 4,990 93% $ 2,698 58% Showtime (Performance,
Rehersals, Meetings) and Regular
Monthly Meetings $ 198
Group only
submitted
anticipated
budget for facility
usage
Group only
submitted
anticipated
budget for
facility usage $ 198 100%
$17,159 grant awarded in
FY 18-19. However, one
facility payment was
disbursed in FY 19-20.

Showtime (Performance,
Rehersals, Meetings) and Regular
Monthly Meetings $ 14,549
Group only
submitted
anticipated
budget for facility
usage
Group only
submitted
anticipated
budget for
facility usage $ 14,549 100%
$ 85,473 $ 159,414 65% $ 45,097 57%
Total in Budget $ 100,000.00
Total Awarded $ 85,472.50
Total Funds Remaining $ 14,527.50
Total
Community Grants for General Events and Activities Summary Table FY 2019-2020
Kidzrule, Inc.

Santa Clara Women's League
RTC 21-1129 - Attachment 4
Organization Event
Grant Amount (20% of
eligible expenses)
Buchser Middle School Music Association
Performance at Disneyland - May 2-
5, 2020 $ 10,000
Santa Clara High School Music Boosters
Western Band Association
Marching Band Competition -
October 12 & 19, November 2 &
16, 2019 $ 2,163
$ 12,163
Total in Budget $ 36,000.00
Total Awarded $ 12,163.00
Total Funds Remaining $ 23,837.00
Championship Team Fund Program Summary Table
FY 2019-2020
Total

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RTC 21-1129 - Attachment 5

2. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 18th DAY OF SEPTEMBER, 2018, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference: None
Resolution/No-Fee Parade Permit
Rev: 11/22/17
Kolstad, Mahan, O'Neill, and Watanabe and
Mayor Gillmor
None
Davis
None
ATTEST;k~·L·~ ~ !'...:...!!~~~~~/ ~~r..:.z~-- r JENNI FER YAMAGU

ACTING CITY CLERK

CITY OF SANTA CLARA

Page 2 of 2 ends

City of Santa Clara
Council Policy Manual

COMMUNITY GRANT POLICY
Adopted 9/18/202118 P&P CP 049 Page 1 of 4
Resolution No. 18-8605

PURPOSE
POLICY
To establish a standardized process to award grants to qualifying nonprofit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.

Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget.

Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per fiscal year. To receive grant funds, grant applications must be submitted at least ninety (90) days and no more than six (6) months before the planned event/activity being funded, regardless of the form of the grant. Applications, and will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year. Applicants are encouraged to submit their applications at the beginning of the fiscal year, for events or activities occurring at any time during that fiscal year, to maximize opportunity for availability of funds.

The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget. Additionally, if the event or activity being requested for funding has been previously supported by the City, the City Manager’s Office may evaluate the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or fundraising projections and the individual/organization’s ability to satisfy the requirements of this policy when considering approval or denial of a request. Grants for community events shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.

The amount of City funding through Community Grants shall be limited to the cost of City permits, fees and services.

Grants for attendance at youth state, national, or international competitions or performances shall be limited to costs associated withof registration, hotel, transportation and food for participants and coaches/chaperones only. Due to short notice ofto advancement to state, national, or international competitions, applicants shall submit an application within one week of advancing to such competitions.

RTC 21-1129 - Attachment 6
City of
Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
Adopted 9/18/202118 P&PCP 049 Page 2 of 4
Resolution No. 18-8605
Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.

ELIGIBILITY

CRITERIA
In addition to a timely and complete application, the applicant must demonstrate that the event or activity being funded (other than competition funding, described below) by the City’s grant will satisfy all of the following criteria:
a) Provides a benefit to Santa Clara residents
b) Contributes positively to the recognition and image of the City of Santa Clara
c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Aligns with established Council goals
e) Grant funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
If the grant is for an event or activity, then the applicant must demonstrate that the event or activity being funded by the City’s grant will be held within the City of Santa Clara.

If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of COMMUNITY GRANT POLICY (cont.)
Adopted 9/18/202118 P&PCP 049 Page 3 of 4
Resolution No. 18-8605
Santa Clara
c) Aligns with established Council goals
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
PROCEDURE 1. City Council approves an annual budget item for City grants, to be administered by the City Manager’s Office

2. Applicants submit timely and complete grant applications to the City Manager’s Office for review

3. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from applicant as necessary.

4. If an application is approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.

5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.

6. If the applicant has received a grant for an event/activity other than performance or competition attendance, then applicant shall submit proof that the grant funds have been spent in the manner and for the purposes stated on the application within thirty (30) days after the event/activity.

7. If the applicant has received a grant for performance or competition attendance, then proof of all allowable expenses actually incurred, as well as allocation of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.

7.8. Applicants that have received a grant, regardless of type of activity, COMMUNITY GRANT POLICY (cont.)
Adopted 9/18/202118 P&PCP 049 Page 4 of 4
Resolution No. 18-8605
shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the right to audit the books and records of the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.

8.9. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in accordance with this policy.

9.10.Staff shall report any distributions in accordance with applicable tax law.

Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Council Policy Manual

COMMUNITY GRANT POLICY
Adopted __/__/2021 CP 049 Page 1 of 4
Resolution No. 18-8605

Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget.

The amount of City funding through Community Grants shall be limited to the cost of City permits, fees and services.

Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, RTC 21-1129 - Attachment 7
City of
, Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
Adopted __/__/2021 CP 049 Page 2 of 4
Resolution No. 18-8605
wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest.

ELIGIBILITY

If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
COMMUNITY GRANT POLICY (cont.)
Adopted __/__/2021 CP 049 Page 3 of 4
Resolution No. 18-8605
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
PROCEDURE 1. City Council approves an annual budget item for City grants, to be administered by the City Manager’s Office

2. Applicants submit timely and complete grant applications to the City Manager’s Office for review

3. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from applicant as necessary.

4. If an application is approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.

5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.

8. Applicants that have received a grant, regardless of type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the right to audit the books and records of the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.

9. If an applicant makes a grant request directly to a member of the City COMMUNITY GRANT POLICY (cont.)
Adopted __/__/2021 CP 049 Page 4 of 4
Resolution No. 18-8605
Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in accordance with this policy.

10.Staff shall report any distributions in accordance with applicable tax law.

Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Council Policy Manual

COMMUNITY GRANT POLICY
Adopted //2021 CP 049 Page 1 of 4
Resolution No. 18-8605
Deleted: 9
Deleted: 18
Deleted: 18
Deleted: P&P

Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget.

Allowable expenses shall be defined as: City permits, Fees and Services, Venue, Food and Beverage, Trash/Recycling, and Stage/Tent Rentals. Grant funds requested for Food and Beverage do not exceed 15% of the total grant amount or $1,500.Grantees shall be required to return any unspent grant funds to the City within 3 days after completion of the audit.

Grants for attendance at youth state, national, or international competitions or performances shall be limited to costs associated with registration, hotel, transportation and food for participants and coaches/chaperones only. Due to short notice of advancement to state, national, or international competitions, applicants shall submit an Deleted: ,
Deleted: and
Deleted: Applicants are encouraged to submit their
applications at the beginning of the fiscal year, for events or activities occurring at any time during that fiscal year, to maximize opportunity for availability of funds. ¶
Deleted: ¶
Deleted: of
Deleted: to
COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 2 of 4
Resolution No. 18-8605
Deleted: 9
Deleted: 18
Deleted: 18
Deleted: P&P
application within one week of advancing to such competitions.

Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest.

ELIGIBILITY

COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 3 of 4
Resolution No. 18-8605
Deleted: 9
Deleted: 18
Deleted: 18
Deleted: P&P
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
PROCEDURE 1. City Council approves an annual budget item for City grants, to be administered by the City Manager’s Office

2. Applicants submit timely and complete grant applications to the City Manager’s Office for review

3. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from applicant as necessary.

4. If an application is approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.

5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.

8. Applicants that have received a grant, regardless of type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 4 of 4
Resolution No. 18-8605
Deleted: 9
Deleted: 18
Deleted: 18
Deleted: P&P
right to audit the books and records of the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.

9. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in accordance with this policy.

10. Staff shall report any distributions in accordance with applicable tax law.

Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Council Policy Manual

COMMUNITY GRANT POLICY
Adopted //2021 CP 049 Page 1 of 4
Resolution No. 18-8605

Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget.

ELIGIBILITY

If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 3 of 4
Resolution No. 18-8605
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
PROCEDURE 1. City Council approves an annual budget item for City grants, to be administered by the City Manager’s Office

2. Applicants submit timely and complete grant applications to the City Manager’s Office for review

3. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from applicant as necessary.

4. If an application is approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.

5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.

8. Applicants that have received a grant, regardless of type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 4 of 4
Resolution No. 18-8605
right to audit the books and records of the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.

10.Staff shall report any distributions in accordance with applicable tax law.

Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-188 Agenda Date: 5/24/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution to Adopt a List of Projects Funded by Senate Bill 1, The Road Repair and Accountability Act, for Fiscal Year 2022-23

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In April 2017, Senate Bill 1 (SB 1) or the Road Repair and Accountability Act of 2017 was signed into law. SB 1 increased per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees to address basic road maintenance and rehabilitation. SB 1 directs the State Controller to allocate 50 percent of the tax revenues to the State and 50 percent to cities and counties. The amount received by the City of Santa Clara and other eligible cities is determined by a formula.

Per the SB 1 statutes, funding should be prioritized for basic road maintenance, rehabilitation, and critical safety projects. The Pavement Condition Index (PCI) is a numerical index between zero and 100 which is used to indicate the general condition of pavement, with zero considered as ‘Failed’ and 100 considered as ‘Brand New.’ A city may spend its portion of SB 1 funds on transportation priorities other than road maintenance and critical safety projects if the city’s average PCI meets or exceeds 80. As of April 29, 2022, the City of Santa Clara’s current average PCI is 74.

In order to receive funding, the City must follow the Local Streets and Roads Funding Program Reporting Guidelines adopted by the California Transportation Commission. The guidelines require the City to submit a project list annually that identifies proposed projects (“Project List”).

This will be the sixth year the City will receive SB 1 funding and Council previously approved SB 1 Project Lists starting in FY 2017-18. Maintenance for streets identified under the previous Project Lists has been completed, and the projects listed for 2021-22 are planned to be completed in summer 2022. The streets listed for the FY 2022-23 Project List considered in this report utilizing SB 1 funding are planned to be completed under a cooperative agreement with the City of San Jose per City Council approval at the April 5, 2022 meeting.

DISCUSSION
The City must now adopt a Project List for FY 2022-23 by Resolution and submit it in order to be eligible to receive FY 2022-23 SB 1 funds. The Resolution (Attachment 1) and proposed Project List (Attachment 2) identify streets to be maintained and rehabilitated utilizing SB 1 funding. The streets listed will be resurfaced in order to extend the pavement surface life, improve ride quality, and improve the overall pavement condition of the City street network.

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22-188 Agenda Date: 5/24/2022
The SB 1 Guidelines allow flexibility for the City to fund projects in accordance with local needs and priorities. The Project List can be revised at a later date should the City’s needs and priorities change. Additionally, the City can fund projects that were not included in the Project List in any given year and can also choose to not fund projects that were on the list without amending or resubmitting the Project List. The Project List is developed based on information from the City’s Pavement Management System, which prioritizes pavement projects to provide the most costeffective maintenance program based on street conditions, remaining pavement service life, and available funds.

Adoption of the Resolution will allow the City to remain eligible to receive FY 2022-23 funds. If the Resolution is not adopted, the funds may be forfeited and distributed to other eligible agencies.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment. Any project on the list that moves forward to construction will be evaluated in accordance with CEQA as part of the approval process. It is expected that the CEQA determination for pavement maintenance projects will be a categorical exemption pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.

FISCAL IMPACT
Based upon revenue estimates published by the League of California Cities in January 2022, it is projected that the City could receive up to $2.98 million in SB 1 funds in FY 2022-23. Appropriation of SB 1 revenues of $2.5 million will be considered by Council through the FY 2022-23 and 2023-24 Biennial Capital Improvement Program Budget processes and budget amendments may be brought forward in the future should the actual SB 1 revenues received from the State increase or decrease from the budgeted amount.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution to Adopt a List of Projects Funded by Senate Bill 1, The Road Repair and Accountability Act, for Fiscal Year 2022-23.

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22-188 Agenda Date: 5/24/2022
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution

2. Proposed Project List for FY 2022-23
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Resolution/Adopt FY 2022-23 SB1 Project List Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
TO ADOPT A LIST OF PROJECTS FUNDED BY SENATE BILL 1,

THE ROAD REPAIR AND ACCOUNTABILITY ACT, FOR FISCAL
YEAR 2022-23
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017;
WHEREAS, SB 1 created the Road Maintenance and Rehabilitation Account (RMRA) to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system;
WHEREAS, SB1 requires cities to provide basic annual RMRA project reporting to the California Transportation Commission (CTC) in order to be eligible for RMRA funding; WHEREAS, the CTC adopted the Local Streets and Roads Funding Program Reporting Guidelines (Guidelines) that describe the general policies and procedures for carrying out the annual RMRA project reporting requirements for cities;
WHEREAS, SB 1 and the Guidelines require that cities must submit a List of Projects proposed to receive RMRA funding to the CTC each fiscal year and that the list of projects must be adopted by resolution by the City Council at a regular public meeting; WHEREAS, SB 1 and the Guidelines provide that the List of Projects shall not limit the flexibility of an eligible city to fund projects in accordance with local needs and priorities and an eligible city may make changes to the List of Projects;
WHEREAS, the City of Santa Clara must adopt a resolution to adopt a list of projects proposed to receive funding from the RMRA at a regular public meeting and the project list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and Resolution/Adopt FY 2022-23 SB1 Project List Page 2 of 2 Rev: 11/22/17
WHEREAS, the City of Santa Clara affirms its commitment that the RMRA apportionments will be used and reported on as required by statute and the Guidelines.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the foregoing recitals are true and correct.

2. That the City of Santa Clara adopts the Senate Bill (SB) 1 Proposed Project List for Fiscal Year 2022-23 as attached and incorporated herein by reference into this Resolution.

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Senate Bill (SB) 1 Proposed Project List for FY 2022-23 Project List
LSR-C13-FY22/23-5019-001
FY 22/23
Project Details
ID Title Description Location
Est. Completion Useful Life
Pre-Con Con Min Max Assem. Senate Elements
PP001 Annual Street
Maintenance and Rehabilitation Program Project
Pavement maintenance and rehabilitation for the existing street. The work includes treating the pavement with asphalt concrete, slurry seal, or cape seal. Ancillary work may include removal and replacement of failed pavement areas, and reconstruction of curbs, gutters, sidewalks, ADA curb ramps, traffic striping, markings, roadway legends and traffic detection loops as needed.

The following locations identified are subject to be changed:
• Stevens Creek Boulevard (Redwood Ave. to Cypress Ave.) [STCRBL 00001]
• Stevens Creek Boulevard (Cypress Ave. to Saratoga Ave.) [STCRBL 00002]
• Stevens Creek Boulevard (Saratoga Ave. to Cupertino City Limit) [STCRBL 00003]
• Winchester Boulevard (Stevens Creek Blvd. to Forest Ave.) [WNCHST 00001]
• Winchester Boulevard (Forest Ave. to Fernwood Ave.)
[WNCHST 00002]
• Winchester Boulevard (Fernwood Ave. to Pruneridge Ave.) [WNCHST 00004]
• Winchester Boulevard (Pruneridge Ave. to Dolores Ave.) [WNCHST 00005]
• Winchester Boulevard (Dolores Ave. to Tulip Dr.)
[WNCHST 00006]
• Winchester Boulevard (Tulip Dr. to Newhall St.)
[WNCHST 00007]
05/2022 12/2022 3 20 25 10 Complete
Streets, Sustainability
Senate Bill (SB) 1 Proposed Project List for FY 2022-23 ATTACHMENT

Page 1 of 1 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-155 Agenda Date: 5/24/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”

DISCUSSION
Staff believes that the work described below is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the installation of the following electric facilities and approve the use of City forces.

Estimate Number: 37162
Location: 1384 Worthington Circle
Type of Service: New Business (2005)
Description of Work: Agrihood temp power installation of padmount switch, 112 kva padmount transformer, 225' high voltage underground conductor, 100' low voltage underground conductor, and a 400A meter.

Estimated Cost: $63,144
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37910
Location: Central Expressway including Coronado and Stender Way Type of Service: New Business (2005)
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Description of Work: Install approximately 2,100' of 1100 aluminum primary underground cable, three circuit breaker terminations, three 600A elbows, and thirty-six 1100 to 1100 aluminum cable splices.

Estimated Cost: $101,961
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37931
Location: Calle De Luna from Lafayette to Calle Del Sol Type of Service: New Business (2005)
Description of Work: Remove six poles and hardware and 750' of overhead circuit. Install two 45' wood poles with high voltage switches, 1500' high voltage underground cable, twenty-four splices in eight manholes and vaults.

Estimated Cost: $94,155
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38029
Location: 2590 Walsh Avenue
Type of Service: New Business (2005)
Description of Work: Remove existing meter/service, secondary cables, padmount transformer, primary feeds, and close primary loop to existing active neighboring transformer.

Estimated Cost: $10,976
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38046
Location: 3402 El Camino Real
Type of Service: New Business (2005)
Description of Work: Remove one electrical transformer, remove 450 feet of underground electrical wire and connectors. Install 100 feet of underground electrical wire and connectors.

Estimated Cost: $9,115
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37041
Location: 5100 Patrick Henry Drive
Type of Service: Capacity (2006)
Description of Work: Install one padmount capacitor, capacitor controller, approximately 150 feet of 1/0 aluminum cable, and six bridge tap elbows.

Estimated Cost: $50,999
Appropriation: Electric Utility Capital Fund (591) Project 2006 - Distribution Capital City of Santa Clara Page 2 of 5 Printed on 5/19/2022
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22-155 Agenda Date: 5/24/2022
Maintenance and Betterments
Source of Revenue: Customer Service Charges
Estimate Number: 37044
Location: 4551 Great America Parkway
Type of Service: Capacity (2006)
Description of Work: Install one padmount capacitor, capacitor controller, approximately 50 feet of 1/0 aluminum cable, and six bridge tap elbows.

Estimated Cost: $49,536
Appropriation: Electric Utility Capital Fund (591) Project 2006 - Distribution Capital Maintenance and Betterments
Source of Revenue: Customer Service Charges
Estimate Number: 38004
Location: 1205 Coleman Avenue
Type of Service: Temporary Power (2005)
Description of Work: Install padmounted transformer, 300 feet high voltage underground cable, connect customer service cables, install metering for 2,000 amp panel.

Remove all facilities when no longer needed.

Estimated Cost: $41,408
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37731
Location: Northwest corner of Homestead Road and Los Padres Boulevard Type of Service: New Business (2005)
Description of Work: Install 350 feet underground cable, connect customer service and install meter.

Estimated Cost: $2,737
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37292
Location: 1217 Harrison Street
Type of Service: New Business (2005)
Description of Work: Replace utility pole 37A06.

Estimated Cost: $12,229
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37953
Location: 2234 Calle Del Mundo
Type of Service: New Business (2005)
Description of Work: Remove two poles and all hardware and 600' of high voltage overhead circuit. Install two high voltage air switches, one padmounted switch, 1100 City of Santa Clara Page 3 of 5 Printed on 5/19/2022
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22-155 Agenda Date: 5/24/2022
feet high voltage underground cable, nine high voltage splices in three manholes and vaults.

Estimated Cost: $64,081
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38076
Location: 3941 Stevens Creek Blvd
Type of Service: New Business (2005)
Description of Work: Removal of an existing padmount transformer to allow construction.

Estimated Cost: $4,256
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution

ENVIRONMENTAL REVIEW
The actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15302(c) (Class 2 - Replacement or Reconstruction) because they involve the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and 15303(d) (Class 3 - New Construction or Conversion of Small Structures), because they involve the construction of new electric utility extensions.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $504,597 are included in the Fiscal Year 2021/22 Capital Budget, as indicated by each project appropriation. Of that total amount, $404,062 is in the New Business Estimate Work and $100,535 is in the Transmission and Distribution Capital Maintenance and Betterments Capital Improvement Projects in the Electric Utility Capital Fund.

All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution authorizing the use of City Electric Forces for work described above at 1384 Worthington Circle, Central Expressway including Coronado Drive and Stender Way, 1515 Richard City of Santa Clara Page 4 of 5 Printed on 5/19/2022
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22-155 Agenda Date: 5/24/2022
Avenue, Calle De Luna from Lafayette Street to Calle Del Sol, 2590 Walsh Avenue, 3402 El Camino Real, 5100 Patrick Henry Drive, 4551 Great America Parkway, 1205 Coleman Avenue, Northwest corner of Homestead Road and Los Padres Boulevard, 1217 Harrison Street, 2234 Calle Del Mundo and 3941 Stevens Creek Blvd.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution - Use of City Electric Forces
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated May 24, 2022, by its own employees; and, WHEREAS, the City Council has declared and determined that the work in question may be performed better or more economically by the City with its own employees.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the 22-155 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///
///
///
Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18

2. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: May 24, 2022 Report to Council #22-155 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-679 Agenda Date: 5/24/2022

REPORT TO COUNCIL

SUBJECT
Actions to Modify the Classification Specification for Senior Power Scheduler Trader (Job Code 772), Approve a New Classification Specification Titled Development Project Manager (Job Code 158), and Adopt a Resolution Approving and Adopting the Updated Unclassified Salary Plan

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources

BACKGROUND
Sections 4 and 6 of the Personnel and Salary Resolution require City Council approval of new job classifications. Section 9 of the Personnel and Salary Resolution requires City Council approval of compensation plans for unclassified positions. California Code Regulations Section 570.5 governs and requires the adoption of updated publicly available salary schedules by the governing body. The proposed Council action satisfies these applicable requirements.

Modified Class Specification: Senior Power Scheduler Trader (Job Code 772) Silicon Valley Power coordinated with the Human Resources Department to modify the Senior Power Scheduler Trader (Job Code 772) classification specification to better align with the duties required to be performed by the classification.

New Class Specification: Development Project Manager (Job Code 158) The Administration recommends the creation of a new class specification titled Development Project Manager (Job Code 158) to lead and manage the Related Santa Clara project.

Approval and Adoption of the Unclassified Salary Plan
The City of Santa Clara contracts with the California Public Employees’ Retirement System (CalPERS) to provide retirement benefits for employees in both classified and unclassified positions.

When the City makes modifications to the salary schedules for its classified or unclassified positions, the City Council must approve and adopt the publicly available salary schedules to comply with California Code of Regulations (CCR) section 570.5.

The Unclassified Salary Plan has been updated to reflect the new classification of Development Project Manager (Job Code 158). These proposed updates to the Unclassified Salary Plan are recommended to be effective May 29, 2022.

DISCUSSION
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Modification to the Senior Power Scheduler Trader (Job Code 772) Classification Specification The Human Resources Department in coordination with Silicon Valley Power modified the classification specification for Senior Power Scheduler Trader (Job Code 772), to include administrative revisions and update the Typical Duties and Knowledge, Skills, and Abilities sections to be in alignment with the current duties performed by the position. Revisions to the classification specification were provided to the Unclassified Miscellaneous Management (Unit 9) on May 2, 2022.

Creation of the Development Project Manager (Job Code 158) Classification Specification The Human Resources Department coordinated with the City Manager’s Office to create a new classification titled Development Project Manager (Job Code 158). This classification will be responsible for the management and administration of development agreements and all lease related entitlements, permits, and construction. This classification has been created to primarily manage and lead the Related Santa Clara project between the City of Santa Clara and Related Companies. This project will create a LEED-certified, multi-phased, mixed-use destination adjacent to the Levi Stadium. This urban center will incorporate residential units, restaurants, entertainment venues, hotels, retail, and office space to establish a new neighborhood.

Development Project Manager (Job Code 158) - with an annual salary range of approximately $188,462.00 - $245,000.00. This classification is responsible for negotiating with developers, land use attorneys, and financiers to facilitate and expediate economic development projects and real property land use, including but not limited to:

Approval and Adoption of the Unclassified Salary Plan
The Unclassified Salary Plan is recommended to be modified to:

Create the Development Project Manager (Job Code 158) classification - with an annual salary range of approximately $163,536.00 - $211,632.00.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact to modify classification specifications for unclassified positions.

The addition of a Development Project Manager position is estimated to cost $265,000. If approved, pursuant to Section 8.3.3 of the Disposition and Development Agreement with Related Santa Clara, Related Funds will be used to support the creation of this position with no impact to the General Fund. If this action is approved by the City Council, the fiscal impact, and addition of the Development Project Manager position will be included in the budget review process.

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COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Approve modifications to the Senior Power Scheduler Trader (Job Code 772) Classification Specification;

2. Approve the creation of the Development Project Manager (Job Code 158) Classification Specification; and

3. Adopt a Resolution to approve the revised unclassified salary plan to satisfy the requirements of California Code of Regulations Section 570.5.

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Senior Power Scheduler Trader (Job Code 772) Classification Specification

2. Development Project Manager (Job Code 158) Classification Specification

3. Unclassified Salary Plan (Effective 2022-05-29) and Approved 2022-05-24

4. Resolution
City of Santa Clara Page 3 of 3 Printed on 5/19/2022
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Rev. 05/2022

CITY OF SANTA CLARA, CALIFORNIA

CLASS SPECIFICATION

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TITLE: SENIOR POWER SCHEDULER/TRADER (772)

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Electric Utility Varies Exempt

CLASS SUMMARY
The Senior Power Scheduler/Trader is a management position in the unclassified service, responsible for the supervision of the economic coordination of electric schedules, natural gas purchases and deliveries, water storage and release schedules, in real-time and prescheduled.

Responsibilities include overall coordination for the assimilation of operating data into report formats, providing assistance to dispatching personnel on matters pertaining to economic system dispatch, and ensuring that all City contractual obligations are met. Performs other related duties as assigned.

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
Possession of a Bachelor’s degree from an accredited college or university with a major in Engineering, Economics, Business, or a closely related field AND four (4) years of combined experience as an Operation Planning Technician, Electric and Water Systems Operator, Power Dispatcher or Power Scheduler/Trader with an electric utility.

OR
Education equivalent to the completion of 60 semester units/90 quarter units from an accredited college or university, with a major in engineering, economics, business, or a closely related field, AND five (5) years of combined experience as an Operation Planning Technician, Electric and Water Systems Operator, or Power Scheduler/Trader with an electric utility.

OR
Six (6) years as a Power Dispatcher and/or Scheduler, including four (4) years of experience in arranging purchases and sales of power to third party customers, consumers and suppliers.

LICENSES/CERTIFICATIONS
Possession of a valid California driver's license is required at the time of appointment and for the duration of employment.

DISTINGUISHING CHARACTERISTICS
This is a single incumbent management level classification that oversees the Power Systems Scheduling Division. Incumbents regularly work on tasks that are varied and complex, requiring considerable discretion and independent judgment. Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to deliver work products. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements. This class is distinguished from the class of Power Systems Scheduler/Trader in that the latter is responsible for managing electric SENIOR POWER SCHEDULER/TRADER (772)

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and hydro energy requirements in the hour ahead and in real-time markets; whereas, the Senior Power Scheduler/Trader will be prescheduling and forecasting and supervises the Power Systems Schedulers/Traders.

TYPICAL DUTIES
This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.

Under general direction:
• Performs all duties of a Power Scheduler;
• Supervises and develops process and procedures for the 24-hour real time scheduling desk, including but not limited to the economic coordination of electric schedules, outages, reschedules, natural gas purchases and deliveries, water storage and release schedules, and prescheduled and real-time power purchase/sale schedules to meet system load and interchange conditions;
• Prepares daily and annual forecasts of day ahead and weekly hourly loads in the preschedule timeline, natural gas usage to minimize gas balancing deviations, demand, resource, and purchase/sale requirements;
• Prepares daily reschedules and operating criteria;
• Devise a short-term hydro strategy for resources using historical, current, and market knowledge in conjunction with plant operators along with reservoir restrictions and regulations;
• Ensure available generation is economically dispatch to balance gross loads; • Create and submit generation bid curves, self-schedules, and Inter-Scheduling Coordinator (SC) Trades into the California ISO (CAISO) day ahead markets; • Monitors daily energy marker prices, reviews sale and purchase arrangements, as well as planned use of contractual and physical resources on a daily through annual basis; • Reviews operating data, evaluates after the fact schedules, and makes recommendation to improve economic impacts to the City;
• Reviews and authorizes payments and invoices related to wholesale power transactions; • Provides overall coordination between pre-schedule, real-time, and billing functions of power scheduling operation;
• Assists in budget preparation process;
Manage professional, technical, clerical, and other lower level staff to include, prioritizing and assigning work; conduct performance evaluations; provide training; and making hiring, termination, and disciplinary recommendations. Evaluates training needs and workload balance for staff and prepares plan for implementation; • Provides assistance to dispatching personnel on matters pertaining to economic system dispatch;
• Ensures that all City contractual obligations are met; • Prepares various reports, including but not limited to on regular intervals, operational and economic analysis, and presents them with scheduling and trading staff, management,and other governmental agencies as required;
•
SENIOR POWER SCHEDULER/TRADER (772)

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• Attend and actively participate in training provided by the California Independent System Operator (CAISO), Western Electricity Coordinating Council (WECC), North American Electric Reliability Corporation (NERC), Western System Power Pool (WSPP), and Open Access Technology International (OATI);
• Maximizes resources economic potential by submitting available capacity into the Ancillary Services markets which include the following, Regulation Up/Down, Spin/NonSpin, Load Following Up/Down and Incremental/Decremental energy bids; • Coordinate and submit all Meter Sub-system (MSS), Scheduling Coordinator (SC) bids and self-schedules to MSS Schedule Coordinator and directly into CAISO’s SIBR system; • Monitor City’s Transmission contracts for available transfer capabilities across interties; • Coordinate with counterparties for market paths along with physical paths and create ETags for all physical generation across interties using the OATI tagging system; • Coordinate and implement planned and forced outages with counterparties both generation facilities and transmission projects;
• Assure schedules, tags and meter data are validated between the scheduling application and the meter data system by front office staff at least once each afternoon or night, to insure accuracy and align with cleared schedules and work with the settlements group to establish and maintain set of procedures to accomplish this daily task; • Monitor and assure scheduling/trading staff documents events in the log notes with accurate recording of time and persons involved;
• Notifies by email, the Settlements group when there are any deviations from normal schedules that will likely result in potential settlement impact, such as generation trips or atypical CAISO dispatches;
• Refine and assure that curtailments of individual renewable power purchase agreements and the trigger of said curtailments are recorded accurately, in order to meet the terms of agreements with counterparty;
• Actively work with the Resources Group to monitor CAISO market initiatives and the impact on the utility’s assets and portfolio of resources. Offer insights to the team and management on proposed changes during the stakeholder process. Manage the impact of market initiative changes on the portfolio, including training other scheduling/trader staff on those impacts; and
Provide coverage for shifts when needed and performs other duties as assigned.

KNOWLEDGE, SKILLS, & ABILITIES
Knowledge of:
• Principles of effective supervision;
• Tools, terms, principles, and practices associated with power scheduling and dispatching, including the principles of the utilization and conservation of water power in the generation of electricity;
• Principles of load forecasting;
• Operation of an interconnected utility;
SENIOR POWER SCHEDULER/TRADER (772)

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• Administration of inter-utility contracts for sale, purchase, and exchange of energy; and • Identification and utilization of opportunities for lowering overall system costs by purchases and sales of energy.

Ability to:
• Supervise the work of others;
• Train, instruct, and evaluate personnel;
• Set and achieve goals and objectives;
• Develop effective work methods;
• Plan and schedule work and monitor progress of personnel; • Prepare clear, complete, and concise written reports, records, schedules, and instructions; • Receive and carry out complex oral and written instructions; • Work cooperatively; and
• Communicate effectively with others.

SUPERVISION RECEIVED
Works under the general supervision of an Electric Utility Division Manager or other classifications as assigned.

SUPERVISION EXERCISED
Supervises Power Scheduler/Traders, and others as assigned.

CONFLICT OF INTEREST
If applicable add: Incumbents in this position are required to file a Conflict of Interest statement upon assuming office, annually, and upon leaving office, in accordance with City Manager’s Directive 100.

CLASSIFICATION HISTORY
Created 07/2005; Rev. 05/2022
Rev. 5/2022

CITY OF SANTA CLARA, CALIFORNIA

CLASS SPECIFICATION

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TITLE: DEVELOPMENT PROJECT MANAGER (158)

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
City Manager’s Office Varies Exempt

CLASS SUMMARY
The Development Project Manager is a management position in the unclassified service, responsible for the management and administration of development agreements and all lease related entitlements, permits, construction, and financial components. Responsibilities include negotiating complex and highly technical agreements and real property transactions, involving land use entitlements and zoning between the City, property owners, businesses, and other agencies. Performs other related duties assigned.

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
Possession of a Bachelor’s degree from an accredited college or university with a major in Public or Business Administration, Planning, Economics, Finance, or a closely related field AND five (5) years of progressively responsible municipal administrative experience in community development, housing development, planning, real property, economic development, or finance. At least two years of management experience working with senior managers on significant development projects is required.

OR
Education equivalent to the completion of 60 semester units/90 quarter units from an accredited college or university, with a major in Public or Business Administration, Planning, Economics, Finance, or a closely related field AND six (6) years of progressively responsible municipal administrative experience in community development, housing development, planning, real property, economic development, or finance. At least two years of management experience working with senior managers on significant development projects is required.

Desirable Qualifications
A Master’s degree in Business Administration, Public Administration, Economics, Finance, Urban Studies, Planning or a closely related field is desirable.

LICENSES/CERTIFICATIONS
Possession of an appropriate, valid California driver's license is required at time of application and for the duration of employment.

DISTINGUISHING CHARACTERISTICS
This is a management level classification responsible for negotiating with developers, land use attorneys, and financiers to facilitate and expedite economic development projects and real DEVELOPMENT PROJECT MANAGER (158)

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property land use, including but not limited to lease agreements for the City of Santa Clara, often involving complex, highly specialized or difficult real property acquisition; lease administration and permitting issues. The incumbent will: work under the administrative direction of Assistant City Manager, responsible for the oversight and coordination lease agreements involving the City of Santa Clara, have the lead role working with the senior managers to coordinate and expedite plan check and permit approvals including Director of Public Works, Director of Community Development, Director of Water and Sewer Utility, Director of Electric Utility, Director of Finance, City Attorney and other regional and state regulatory agencies.

As a member of the City’s Unclassified Service, this is an “at will” position and the incumbent serves at the discretion of the City Manager. An incumbent in this classification: demonstrates strong ethical, professional, and service-oriented leadership and interpersonal skills; sets a good example; and correctly applies the tenets of the City’s Code of Ethics and Values.

TYPICAL DUTIES
This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.

Under general direction:
• Negotiate complex and highly technical agreements and real property transactions, involving land use entitlements and zoning between the City, property owners, businesses and other agencies;
• Manage and administer development agreements and all lease related entitlements, permits, construction, and financial components;
• Develop and conduct economic studies, needs assessments and research analyses; • Develop qualitative and quantitative measures to evaluate program/project financial status, customer satisfaction, contractor performance, and public relations; • Represent the City Manager’s Office in professional and community meetings; and • Perform other related duties as assigned.

KNOWLEDGE, SKILLS, & ABILITIES
Knowledge of:
• Permitting of large complicated multiple phase developments • Principals and practices of economic development and public policy; • Negotiation techniques and strategies;
• Eminent domain proceedings and prevailing rental and lease charges; • City government, particularly the processes and departments involved with handling real property transactions;
• Supervisory personnel practices and procedures;
• Public/Private sector approaches and techniques to stimulate and promote economic and real estate development activity;
• Team building practices;
• Office safety practices, procedures and standards;
• Problem solving and conflict resolution practices and techniques; DEVELOPMENT PROJECT MANAGER (158)

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• Project and workload planning;
• Financial techniques and procedures relating to real estate and economic development, and land financing; and
• Federal, State and local regulations dealing with economic and real estate development.

Ability to:
• Facilitate expedited plan review and permitting of development projects • Establish and maintain positive and effective relationships with City employees including elected and senior officials and managers, general public, contractors and other governmental representatives;
• Effectively manage all City real estate development and economic development activities and functions;
• Negotiate difficult, highly technical and/or complicated transactions; • Draw conclusions and project consequences of decisions and recommendations; • Work effectively with developer, architects and engineers in a public-private partnership environment
• Work as team player and be willing to deliver excellent customer service to both internal and external City clients;
• Communicate logically and clearly, both orally and in writing; follow oral and written instructions;
• Work effectively in time-sensitive situations and meet deadlines; coordinate multiple projects and complex tasks simultaneously;
• Exercise independent judgment and initiative with minimal supervision; • Lead as part of a senior management team and work effectively to achieve common goals; • Facilitate public meetings;
• Understand the big picture and develop project from concept to completion; • Identify policy issues and work with staff to develop options and recommend solutions; • Seek new solutions and ways of doing business in an improved and more effective way; • Analyze economic, financial, sociologic and legal information; • Review and analyze important detailed and highly complex technical real property acquisition records and reports;
• Prepare and present highly technical and complex written and oral reports to City Council, Citizens and City staff;
• Review development proposals for compliance;
• Prepare budgets, written reports, and spreadsheets;
• May acts as media spokesperson on real property matters; and • Bend, stoop, reach, carry, crawl, climb, and lift as necessary to perform assigned duties.

Skill in:
• Dealing effectively with property owners, tenants, attorneys, developers, real estate brokers and the general public; and
• Managing and coordinating staff.

SUPERVISION RECEIVED
Works under the general direction of the Assistant City Manager or other Manager as assigned.

DEVELOPMENT PROJECT MANAGER (158)

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SUPERVISION EXERCISED
May supervise administrative support staff, technical and professional employees as assigned.

CONFLICT OF INTEREST
Incumbents in this position are required to file a Conflict of Interest statement upon assuming office, annually and upon leaving office, in accordance with City Manager Directive 100.

CLASSIFICATION HISTORY
Created 05/2022
City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/29/2022
Approved 5/24/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly AnnualACCOUNTING DIVISION MANAGER 109 9 77.609365 $ 13,452.29 $ 161,427.48 $ 100.434577 $ 17,408.66 $ 208,903.92 $ ASST BUILDING OFFICIAL 222 9 82.721827 $ 14,338.45 $ 172,061.40 $ 107.060250 $ 18,557.11 $ 222,685.32 $ ASST CITY ATTORNEY 015 9 96.142038 $ 16,664.62 $ 199,975.44 $ 124.423327 $ 21,566.71 $ 258,800.52 $ ASST CITY CLERK 010 9 64.303673 $ 11,145.97 $ 133,751.64 $ 83.216192 $ 14,424.14 $ 173,089.68 $ ASST CITY LIBRARIAN 012 9 83.770846 $ 14,520.28 $ 174,243.36 $ 108.410712 $ 18,791.19 $ 225,494.28 $ ASST CITY MANAGER 016 9 130.271308 $ 22,580.36 $ 270,964.32 $ 168.578596 $ 29,220.29 $ 350,643.48 $ ASST DIR OF COMMUNITY DEV 038 9 94.684038 $ 16,411.90 $ 196,942.80 $ 123.088962 $ 21,335.42 $ 256,025.04 $ ASST DIR OF ELECTRIC UTIL 021 9 113.493058 $ 19,672.13 $ 236,065.56 $ 146.874750 $ 25,458.29 $ 305,499.48 $ ASST DIR OF FINANCE 022 9 90.324173 $ 15,656.19 $ 187,874.28 $ 116.893327 $ 20,261.51 $ 243,138.12 $ ASST DIR OF HUMAN RESOURCES 018 9 90.324173 $ 15,656.19 $ 187,874.28 $ 116.893327 $ 20,261.51 $ 243,138.12 $ ASST DIR OF PUB WORKS/CITY ENG 071 9 99.608596 $ 17,265.49 $ 207,185.88 $ 128.908788 $ 22,344.19 $ 268,130.28 $ ASST DIR OF WATER & SEWER UTIL 014 9 89.401788 $ 15,496.31 $ 185,955.72 $ 115.705615 $ 20,055.64 $ 240,667.68 $ ASST FIRE CHIEF 024 9B 130.548635 $ 22,628.43 $ 271,541.16 $ 168.953885 $ 29,285.34 $ 351,424.08 $ ASST FIRE MARSHAL 026 9B 100.129788 $ 17,355.83 $ 208,269.96 $ 129.579692 $ 22,460.48 $ 269,525.76 $ ASST POLICE CHIEF 027 9A 135.183519 $ 23,431.81 $ 281,181.72 $ 174.940904 $ 30,323.09 $ 363,877.08 $ ASST TO THE CITY MANAGER 028 9 88.298481 $ 15,305.07 $ 183,660.84 $ 114.264750 $ 19,805.89 $ 237,670.68 $ AUDIT MANAGER 201 9 74.715519 $ 12,950.69 $ 155,408.28 $ 96.690635 $ 16,759.71 $ 201,116.52 $ BATTALION CHIEF 036 9B 107.875385 $ 18,698.40 $ 224,380.80 $ 139.592654 $ 24,196.06 $ 290,352.72 $ BATTALION CHIEF 24 HRS 036S 9BS 73.385069 $ 17,808.11 $ 213,697.32 $ 94.963599 $ 23,044.50 $ 276,534.00 $ BUDGET & TREASURY DIVISION MGR 113 9 77.609365 $ 13,452.29 $ 161,427.48 $ 100.434577 $ 17,408.66 $ 208,903.92 $ BUILDING MAINTENANCE MANAGER 041 9 68.728846 $ 11,913.00 $ 142,956.00 $ 88.943596 $ 15,416.89 $ 185,002.68 $ BUILDING OFFICIAL 042 9 90.999404 $ 15,773.23 $ 189,278.76 $ 117.761481 $ 20,411.99 $ 244,943.88 $ CEMETERY OPERATIONS MANAGER 045 9 54.958962 $ 9,526.22 $ 114,314.64 $ 71.122327 $ 12,327.87 $ 147,934.44 $ CHIEF ASST CITY ATTORNEY 037 9 110.563038 $ 19,164.26 $ 229,971.12 $ 143.086846 $ 24,801.72 $ 297,620.64 $ CHIEF ELECTRIC UTILITY OFFICER 108 9 149.816827 $ 25,968.25 $ 311,619.00 $ 193.875635 $ 33,605.11 $ 403,261.32 $ CHIEF OPERATING OFFICER 311 9 149.816827 $ 25,968.25 $ 311,619.00 $ 193.875635 $ 33,605.11 $ 403,261.32 $ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 1 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/29/2022
Approved 5/24/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly AnnualCITY ATTORNEY 060 Appointed 159.998077 $ 27,733.00 $ 332,796.00 $ CITY CLERK 063 Elected $ 18,000.00 1,500.00 $ CITY COUNCIL MEMBER CNCL Elected $ 24,000.00 2,000.00 $ CITY LIBRARIAN 066 9 104.703000 $ 18,148.52 $ 217,782.24 $ 135.498346 $ 23,486.38 $ 281,836.56 $ CITY MANAGER 069 Appointed 214.060000 $ 37,103.73 $ 445,244.80 $ 225.324000 $ 39,056.16 $ 468,673.92 $ COMMUNICATIONS & OUTREACH MGR083 9 62.392558 $ 10,814.71 $ 129,776.52 $ 80.738308 $ 13,994.64 $ 167,935.68 $ COMMUNICATIONS OPERATIONS MGR068 9 70.700308 $ 12,254.72 $ 147,056.64 $ 91.493769 $ 15,858.92 $ 190,307.04 $ COMPLIANCE MANAGER 081 9 63.375231 $ 10,985.04 $ 131,820.48 $ 82.010423 $ 14,215.14 $ 170,581.68 $ CONTRACTS MANAGER 342 9 69.862269 $ 12,109.46 $ 145,313.52 $ 90.402577 $ 15,669.78 $ 188,037.36 $ DEPUTY CITY ATTORNEY I 170 9 60.083481 $ 10,414.47 $ 124,973.64 $ 77.754058 $ 13,477.37 $ 161,728.44 $ DEPUTY CITY ATTORNEY II 172 9 70.097423 $ 12,150.22 $ 145,802.64 $ 90.716077 $ 15,724.12 $ 188,689.44 $ DEPUTY CITY CLERK 178 9 54.114923 $ 9,379.92 $ 112,559.04 $ 70.037135 $ 12,139.77 $ 145,677.24 $ DEPUTY CITY MANAGER 079 9 97.130769 $ 16,836.00 $ 202,032.00 $ 125.689385 $ 21,786.16 $ 261,433.92 $ DEPUTY FIRE CHIEF 080 9B 118.680000 $ 20,571.20 $ 246,854.40 $ 153.595615 $ 26,623.24 $ 319,478.88 $ DEPUTY PARKS & REC DIRECTOR 175 9 78.489577 $ 13,604.86 $ 163,258.32 $ 101.574000 $ 17,606.16 $ 211,273.92 $ DEPUTY PUBLIC WORKS DIRECTOR 176 9 78.628212 $ 13,628.89 $ 163,546.68 $ 101.754865 $ 17,637.51 $ 211,650.12 $ DEVELOPMENT PROJECT MANAGER 158 9 78.623077 $ 13,628.00 $ 163,536.00 $ 101.746154 $ 17,636.00 $ 211,632.00 $ DEVELOPMENT REVIEW OFFICER 144 9 76.065981 $ 13,184.77 $ 158,217.24 $ 98.439000 $ 17,062.76 $ 204,753.12 $ DIRECTOR OF COMMUNITY DEVELOPM090 9 115.108788 $ 19,952.19 $ 239,426.28 $ 148.966788 $ 25,820.91 $ 309,850.92 $ DIRECTOR OF FINANCE 087 9 114.879692 $ 19,912.48 $ 238,949.76 $ 148.665346 $ 25,768.66 $ 309,223.92 $ DIRECTOR OF HUMAN RESOURCES 088 9 105.902712 $ 18,356.47 $ 220,277.64 $ 137.047731 $ 23,754.94 $ 285,059.28 $ DIRECTOR OF INF TECHNOLOGY/CIO 089 9 109.278865 $ 18,941.67 $ 227,300.04 $ 141.424673 $ 24,513.61 $ 294,163.32 $ DIRECTOR OF PUBLIC WORKS 091 9 121.758577 $ 21,104.82 $ 253,257.84 $ 157.569923 $ 27,312.12 $ 327,745.44 $ DIRECTOR OF WTR & SEWER UTILS 102 9 110.358058 $ 19,128.73 $ 229,544.76 $ 142.811308 $ 24,753.96 $ 297,047.52 $ ELEC DIV MGR - ENGINEERING 104Q 9 93.790788 $ 16,257.07 $ 195,084.84 $ 121.384788 $ 21,040.03 $ 252,480.36 $ ELEC DIV MGR - GENERATION 104R 9 93.790788 $ 16,257.07 $ 195,084.84 $ 121.384788 $ 21,040.03 $ 252,480.36 $ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 2 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/29/2022
Approved 5/24/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly AnnualELEC DIV MGR - OPERATIONS 104P 9 93.790788 $ 16,257.07 $ 195,084.84 $ 121.384788 $ 21,040.03 $ 252,480.36 $ ELEC DIV MGR - SUBSTATIONS 104M 9 93.790788 $ 16,257.07 $ 195,084.84 $ 121.384788 $ 21,040.03 $ 252,480.36 $ ELEC DIV MGR - TRANSM, DISTRIB 104S 9 93.790788 $ 16,257.07 $ 195,084.84 $ 121.384788 $ 21,040.03 $ 252,480.36 $ ELEC DIV MGR-MKT A & P 107F 9 93.790788 $ 16,257.07 $ 195,084.84 $ 121.384788 $ 21,040.03 $ 252,480.36 $ ELEC DIVISION MANAGER 104 9 93.790788 $ 16,257.07 $ 195,084.84 $ 121.384788 $ 21,040.03 $ 252,480.36 $ ELEC PROGRAM MANAGER 424 9 81.564288 $ 14,137.81 $ 169,653.72 $ 105.547038 $ 18,294.82 $ 219,537.84 $ ELEC UTIL CHIEF OPER OFFICER 116 9 124.845346 $ 21,639.86 $ 259,678.32 $ 161.567077 $ 28,004.96 $ 336,059.52 $ ELEC UTIL RISK CONTROL ANALYST 697 9 73.045500 $ 12,661.22 $ 151,934.64 $ 94.532308 $ 16,385.60 $ 196,627.20 $ EMERGENCY SERVICES COORDINATO106 9 61.337481 $ 10,631.83 $ 127,581.96 $ 79.381846 $ 13,759.52 $ 165,114.24 $ ENVIRONMENTAL PROGRAMS MGR 461 9 63.375231 $ 10,985.04 $ 131,820.48 $ 82.010423 $ 14,215.14 $ 170,581.68 $ EXECUTIVE ASSISTANT 187 9 53.301058 $ 9,238.85 $ 110,866.20 $ 68.976058 $ 11,955.85 $ 143,470.20 $ FIELD FOREPERSON 114 9 76.759269 $ 13,304.94 $ 159,659.28 $ 99.331269 $ 17,217.42 $ 206,609.04 $ FIRE CHIEF 117 9B 141.980308 $ 24,609.92 $ 295,319.04 $ 183.729577 $ 31,846.46 $ 382,157.52 $ FIRE MARSHAL 120 9B 107.875385 $ 18,698.40 $ 224,380.80 $ 139.592654 $ 24,196.06 $ 290,352.72 $ FLEET MANAGER 034 9 65.485327 $ 11,350.79 $ 136,209.48 $ 84.741462 $ 14,688.52 $ 176,262.24 $ HOUSING & COMM SVC DIV MGR 075 9 78.694558 $ 13,640.39 $ 163,684.68 $ 101.845327 $ 17,653.19 $ 211,838.28 $ HOUSING DEVELOPMENT OFFICER 749 9 61.801731 $ 10,712.30 $ 128,547.60 $ 79.978673 $ 13,862.97 $ 166,355.64 $ HUMAN RESOURCES DIV MGR 139 9 77.609365 $ 13,452.29 $ 161,427.48 $ 100.434577 $ 17,408.66 $ 208,903.92 $ INFORMATION TECHNOLOGY SVC MGR112 9 72.840519 $ 12,625.69 $ 151,508.28 $ 94.254981 $ 16,337.53 $ 196,050.36 $ INSPECTION MANAGER 134 9 77.946981 $ 13,510.81 $ 162,129.72 $ 100.880712 $ 17,485.99 $ 209,831.88 $ LEGAL EXECUTIVE ASSISTANT 185 9 53.301058 $ 9,238.85 $ 110,866.20 $ 68.976058 $ 11,955.85 $ 143,470.20 $ LIBRARY DIV MGR -SUPPORT SVCS 127G 9 65.437096 $ 11,342.43 $ 136,109.16 $ 84.693231 $ 14,680.16 $ 176,161.92 $ MANAGEMENT ANALYST 008 9 54.114923 $ 9,379.92 $ 112,559.04 $ 70.037135 $ 12,139.77 $ 145,677.24 $ MAYOR MAYOR Elected $ 30,000.00 2,500.00 $ MUNICIPAL SERVICES DIV MGR 110 9 77.609365 $ 13,452.29 $ 161,427.48 $ 100.434577 $ 17,408.66 $ 208,903.92 $ PARK MAINT & OPERATIONS SUPERV 131 9 64.683519 $ 11,211.81 $ 134,541.72 $ 83.698500 $ 14,507.74 $ 174,092.88 $ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 3 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/29/2022
Approved 5/24/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly AnnualPARKS & RECREATION DIRECTOR 132 9 106.704577 $ 18,495.46 $ 221,945.52 $ 138.078692 $ 23,933.64 $ 287,203.68 $ PARKS CONST, MTC & REPAIR MGR 130 9 64.683519 $ 11,211.81 $ 134,541.72 $ 83.698500 $ 14,507.74 $ 174,092.88 $ PERFORMANCE AUDITOR I 203 9 45.095769 $ 7,816.60 $ 93,799.20 $ 58.364250 $ 10,116.47 $ 121,397.64 $ PERFORMANCE AUDITOR II 204 9 54.114923 $ 9,379.92 $ 112,559.04 $ 70.037135 $ 12,139.77 $ 145,677.24 $ PLAN REVIEW MANAGER 629 9 78.784962 $ 13,656.06 $ 163,872.72 $ 101.947788 $ 17,670.95 $ 212,051.40 $ PLANNING MANAGER 072 9 82.161115 $ 14,241.26 $ 170,895.12 $ 106.324731 $ 18,429.62 $ 221,155.44 $ POLICE CAPTAIN 138 9A 128.757923 $ 22,318.04 $ 267,816.48 $ 166.622942 $ 28,881.31 $ 346,575.72 $ POLICE CHIEF 141 Elected 150.813462 $ 26,141.00 $ 313,692.00 $ POLICE RECORDS MANAGER 647 9 55.742712 $ 9,662.07 $ 115,944.84 $ 72.141173 $ 12,504.47 $ 150,053.64 $ POWER SYSTEM SCHEDULER/TRADER674 9 69.952731 $ 12,125.14 $ 145,501.68 $ 90.529154 $ 15,691.72 $ 188,300.64 $ POWER TRADER 673 9 89.401788 $ 15,496.31 $ 185,955.72 $ 115.705615 $ 20,055.64 $ 240,667.68 $ PRINCIPAL ACCOUNTANT 148 9 69.862269 $ 12,109.46 $ 145,313.52 $ 90.402577 $ 15,669.78 $ 188,037.36 $ PRINCIPAL ELECTRIC UTILITY ENG 145 9 89.335442 $ 15,484.81 $ 185,817.72 $ 115.609154 $ 20,038.92 $ 240,467.04 $ PRINCIPAL ENG - WATER & SEWER 142W 9 86.622462 $ 15,014.56 $ 180,174.72 $ 112.100365 $ 19,430.73 $ 233,168.76 $ PRINCIPAL ENG/CITY SURVEYOR 140 9 90.953712 $ 15,765.31 $ 189,183.72 $ 117.707192 $ 20,402.58 $ 244,830.96 $ PRINCIPAL ENGINEER 142 9 86.622462 $ 15,014.56 $ 180,174.72 $ 112.100365 $ 19,430.73 $ 233,168.76 $ PRINCIPAL FINANCIAL ANALYST 149 9 69.862269 $ 12,109.46 $ 145,313.52 $ 90.402577 $ 15,669.78 $ 188,037.36 $ PRINCIPAL PLANNER 143 9 69.862269 $ 12,109.46 $ 145,313.52 $ 90.402577 $ 15,669.78 $ 188,037.36 $ PRINCIPAL POWER ANALYST 154 9 69.862269 $ 12,109.46 $ 145,313.52 $ 90.402577 $ 15,669.78 $ 188,037.36 $ PRINCIPAL UTIL INFO SYSTEM MGR 146 9 89.401788 $ 15,496.31 $ 185,955.72 $ 115.705615 $ 20,055.64 $ 240,667.68 $ PUBLIC INFORMATION OFFICER 077 9 84.904269 $ 14,716.74 $ 176,600.88 $ 109.869692 $ 19,044.08 $ 228,528.96 $ PUBLIC RECORDS MANAGER 082 9 54.114923 $ 9,379.92 $ 112,559.04 $ 70.037135 $ 12,139.77 $ 145,677.24 $ PURCHASING DIVISION MANAGER 147 9 74.715519 $ 12,950.69 $ 155,408.28 $ 96.690635 $ 16,759.71 $ 201,116.52 $ RECREATION MANAGER 150 9 70.525442 $ 12,224.41 $ 146,692.92 $ 91.264673 $ 15,819.21 $ 189,830.52 $ RISK MANAGER 700 9 74.715519 $ 12,950.69 $ 155,408.28 $ 96.690635 $ 16,759.71 $ 201,116.52 $ SR DEPUTY CITY ATTORNEY 161 9 74.510538 $ 12,915.16 $ 154,981.92 $ 96.431423 $ 16,714.78 $ 200,577.36 $ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 4 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 5/29/2022
Approved 5/24/2022
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly AnnualSR ELEC DIV MGR 173 9 103.165615 $ 17,882.04 $ 214,584.48 $ 133.520885 $ 23,143.62 $ 277,723.44 $ SR ELEC DIV MGR-MKT A&P 174A 9 103.165615 $ 17,882.04 $ 214,584.48 $ 133.520885 $ 23,143.62 $ 277,723.44 $ SR INFORMATION TECH SVCS MGR 743 9 79.815923 $ 13,834.76 $ 166,017.12 $ 103.292250 $ 17,903.99 $ 214,847.88 $ SR MANAGEMENT ANALYST 742 9 59.526288 $ 10,317.89 $ 123,814.68 $ 77.040635 $ 13,353.71 $ 160,244.52 $ SR PERFORMANCE AUDITOR 202 9 63.375231 $ 10,985.04 $ 131,820.48 $ 82.010423 $ 14,215.14 $ 170,581.68 $ SR POWER SYSTEM SCHEDLR/TRADER772 9 75.185769 $ 13,032.20 $ 156,386.40 $ 97.305577 $ 16,866.30 $ 202,395.60 $ STREET SUPERINTENDENT 159 9 71.478000 $ 12,389.52 $ 148,674.24 $ 92.506615 $ 16,034.48 $ 192,413.76 $ TRANSPORTATION MANAGER 171 9 87.412269 $ 15,151.46 $ 181,817.52 $ 113.125269 $ 19,608.38 $ 235,300.56 $ UTILITY BUSINESS SYSTEMS MGR 898 9 69.747750 $ 12,089.61 $ 145,075.32 $ 90.257885 $ 15,644.70 $ 187,736.40 $ UTILITY OPERATIONS ENGINEER 155 9 73.630327 $ 12,762.59 $ 153,151.08 $ 95.279885 $ 16,515.18 $ 198,182.16 $ WATER & SEWER OPERATIONS MGR 180 9 72.370269 $ 12,544.18 $ 150,530.16 $ 93.664154 $ 16,235.12 $ 194,821.44 $ WATER & SEWER SUPERINTENDENT 029 9 65.437096 $ 11,342.43 $ 136,109.16 $ 84.693231 $ 14,680.16 $ 176,161.92 $ WEB & DIGITAL MEDIA MANAGER 073 9 62.392558 $ 10,814.71 $ 129,776.52 $ 80.738308 $ 13,994.64 $ 167,935.68 $ All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 5 of 5 Resolution/Update Classified and Unclassified Salary Plan (eff 4-5-22) Rev: 3/28/22

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RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT THE AMENDED UNCLASSIFIED SALARY PLAN

FOR THE DEVELOPMENT PROJECT MANAGER POSITION
WITH AN APPROVAL DATE OF MAY 24, 2022
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara contracts with CalPERS to provide retirement benefits; WHEREAS, to comply with the California Code Regulations section 570.5, the City of Santa Clara shall among other things, have salary plans approved and adopted by the City Council; and indicate an effective date and date of any revisions; and, WHEREAS, as required by the California Code Regulations section 570.5 and as mandated by CalPERS, the City Council deems it to be in the best interests of the City to adopt the Amended Unclassified Salary Plan for City of Santa Clara classifications when there are salary modifications to existing classifications, and when new classifications are created and salary ranges need to be established, with an approval date of May 24, 2022.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City hereby adopts the Amended Unclassified Salary Plan adding the position and salary range for the Development Project Manager for the City of Santa Clara. //
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Resolution/Update Classified and Unclassified Salary Plan (eff 4-5-22) Rev: 3/28/22

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2. Effective date. In accordance with the California Code Regulations section 570.5 and to comply with CalPERS, the salary schedule for the unclassified position shall be effective May 29, 2022 and adopted with an approval date of May 24, 2022.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Unclassified Salary Plan (Effective 2022-05-29) and Approved 2022-05-24 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-689 Agenda Date: 5/24/2022

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to execute the 2022-2024 Memorandum of Understanding Between the City of Santa Clara and the American Federation of State County and Municipal Employees, Local 101 (Unit 6), that incorporates the terms of the Tentative Agreement

COUNCIL PILLAR
Enhance Community Engagement and Transparency.

BACKGROUND
The American Federation of State, County and Municipal Employees, Local 101 (hereafter, “Unit 6”) Memorandum of Understanding (hereafter, “MOU”) expired on December 31, 2021.

Given the ongoing challenges related to the COVID-19 pandemic and the surrounding uncertainty, and its impacts on the City’s ongoing budget deficit, the City and Unit 6 engaged in discussions on a successor MOU in an effort to reduce the City’s estimated General Fund deficit. As of February 2022, the City projects a substantial General Fund ongoing shortfall of $19.6 million in FY 2023/24, which is largely the result of COVID-19 induced impacts on the City’s revenues.

As previously noted, the City of Santa Clara’s collective bargaining agreement with Unit 6 expired on December 31, 2021. The City and Unit 6 began negotiations on a successor MOU in August 2021 and met approximately fourteen (14) times. As the parties were unable to reach agreement during negotiations and reached impasse, the City and Unit 6 engaged in mediation beginning in January 2022 and met with the mediator approximately six (6) times. Two mediator’s recommendations for settlement were not ratified by Unit 6 membership. After the conclusion of the mediation process, the City adopted a majority of the mediator’s recommendation for settlement in a package proposal provided to Unit 6 which Unit 6’s membership also rejected. On or about April 28, 2022, Unit 6 provided a counter proposal which the City accepted, and the City and Unit 6 reached a Tentative Agreement on the overall terms of a successor MOU. The Tentative Agreement was ratified by Unit 6 membership on or about April 28, 2022.

DISCUSSION
The recommended action authorizes the City Manager to execute a successor Memorandum of Understanding with a term of January 1, 2022, through and including December 31, 2024, that incorporates the terms of the Tentative Agreement reached between both parties.

The following is a summary of the notable provisions of the Tentative Agreement, and a complete copy of the Tentative Agreement is attached:

Term:

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22-689 Agenda Date: 5/24/2022
January 1, 2022 - December 31, 2024
Wages:

Effective the first pay period of calendar year 2022, all salary ranges in classifications assigned to Unit 6 shall remain status quo.

Effective the first pay period of calendar year 2023, all salary ranges for employees holding positions in classifications assigned to Unit 6 shall be increased by approximately 5.0%.

Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to Unit 6 shall be increased by approximately 4.0%.

One-Time Non-Pensionable Discretionary Cash Payment:

In recognition of, and to help secure the employees' speedy ratification of this MOU, the City has exercised its discretion to provide a one-time discretionary cash payment of $5,000 for regular employees (pro-rated for part-time employees) in the bargaining unit following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS. An employee must be employed in a classification assigned to Unit 6 at the time the one-time discretionary cash payment is made to receive the payment.

Healthcare:

Effective January 1, 2023, the City will pay 100% of the premium of the lowest priced Kaiser (Region 1) plan for employees in Unit 6 enrolled at the Employee Only and Employee Plus One levels, and 90% of the premium of the lowest priced Kaiser (Region 1) plan for employees in Unit 6 enrolled in the Employee Plus Two or More level. Employees who select a plan whose premium exceeds the City contribution described above will be responsible for the difference. Employees will not receive any portion of the City’s contribution as cash or any other taxable benefit.

Current employees hired on or before December 31, 2022, who choose not to enroll in a City health plan and meets the requirements set forth in the MOU shall continue to receive a cash-in-lieu amount equal to $946.86/month, while employees hired or rehired on or after January 1, 2023, shall receive a cash-in-lieu amount of $250/month.

Personal Safety Equipment and Raingear:

The non-pensionable flat dollar amount received annually by employees in Unit 6 for personal safety equipment and raingear shall be increased from $400 to $600.

Holidays:

Employees shall be entitled to paid time off equivalent to the number of hours of their regularly assigned shift for City holidays.

Grievance Procedure:

The MOU’s grievance procedure was updated to provide for a deadline from when the grievance should be filed. The grievance procedure was also amended to make an arbitrator’s decision at Step 5 final and binding on the parties whereas previously an arbitrator made an advisory opinion to the City Manager. The parties will continue to split the costs associated with arbitration.

Juneteenth:

The parties reached a Side Letter Agreement to continue discussions related to the Juneteenth City of Santa Clara Page 2 of 4 Printed on 5/19/2022
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22-689 Agenda Date: 5/24/2022
The parties reached a Side Letter Agreement to continue discussions related to the Juneteenth holiday.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The City regularly budgets the total compensation cost for its current employees and integrates known and projected cost increases from MOUs in the City’s annual budget. The ten-year forecast also incorporates the projected labor costs. The costs of this MOU are within budget authority approved by the City Council through the negotiation process.

The chart below reflects the estimated changes in costs in the General Fund as well as all funds over the term of the MOU. The ongoing costs will be factored into the budget and the General Fund tenyear forecast. Over the contract period, the ongoing costs total $1.4 million, of which $862,000 is in the General Fund. The cost of the one-time non-pensionable discretionary cash payment is $665,000, of which $413,000 is in the General Fund. There are sufficient General Fund expenditure savings in fiscal year 2021/22 to absorb these one-time costs.

Item Description Estimated
General Fund
Cost
Estimated All
Funds Cost
Ongoing Items
Wages (Jan. 2022) 0% increase $0 $0
Wages (Jan. 2023) 5.0% increase $459K $749K
Wages (Jan. 2024) 4.0% increase $386K $630K
Personal Safety Equipment &
Raingear (non-pensionable)
Increase from $400 to
$600 annually
$17K $27K
Total Ongoing $862K $1,406K
One-time Items
Non-Pensionable Discretionary
Cash Payment (2022)
$5,000 per employee
(one-time)
$413K $665K
Total One-time $413K $665K
The costs associated with the changes to healthcare cannot be determined at this time as the City cannot predict enrollment behavior, especially with the change to the City paying 90% of the lowest priced Kaiser (Region 1) premium for employees who enroll in Employee Plus Two or More level and the change to the health in-lieu amount.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

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22-689 Agenda Date: 5/24/2022

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>, or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the American Federation of State County and Municipal Employees, Local 101 (Unit 6) with effective dates of January 1, 2022 - December 31, 2024, that incorporates the terms of the Tentative Agreement.

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Tentative Agreement between the City and Unit 6 dated April 28, 2022

2. Updated Memorandum of Understanding between the City and Unit 6 in Track Change

3. Updated Memorandum of Understanding between the City and Unit 6 City of Santa Clara Page 4 of 4 Printed on 5/19/2022
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CITY OF SANTA CLARA
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 101 (UNIT 6)
2021 NEGOTIATIONS
TENTATIVE AGREEMENT**
City of Santa Clara
April 28, 2022

Page 1 of 2 ends

TERM
 January 1, 2022 – December 31, 2024
WAGES
 2022: Effective the first pay period of calendar year 2022, all salary ranges in classifications assigned to Unit 6 shall remain status quo.
 Effective the first pay period following ratification and approval from the City Council, and in recognition of, and to help secure the employees' speedy ratification of this MOU, the City has exercised its discretion to provide a one-time discretionary cash payment of $5,000 for regular employees (pro-rated for part-time employees) in the bargaining unit following Council approval of this MOU.
 2023: 5.0% general wage increase effective calendar year 2023. Effective the first pay period of calendar year 2023, all salary ranges for employees holding positions in classifications assigned to Unit 6 shall be increased by approximately 5.0%.  2024: 4.0% general wage increase effective calendar year 2024. Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to Unit 6 shall be increased by approximately 4.0%.

HEALTHCARE
 See attached

PERSONAL SAFETY EQUIPMENT AND RAINGEAR
 See attached

BEREAVEMENT LEAVE
 See attached

HOLIDAYS
 See attached

GRIEVANCE PROCEDURE
 See attached

JUNETEENTH
 See attached Side Letter

CITY OF SANTA CLARA
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 101 (UNIT 6)
2021 NEGOTIATIONS
TENTATIVE AGREEMENT**
City of Santa Clara
April 28, 2022

Page 2 of 2 ends

RELEASE TIME
 See attached
** THIS AGREEMENT IS CONSIDERED TENTATIVE AND SHALL NOT BE

CONSIDERED FINAL OR BINDING UNTIL RATIFIED BY ASSOCIATION MEMBERS AND APPROVED BY CITY COUNCIL. THIS DOCUMENT SETS FORTH

THE FULL AGREEMENTS OF THE PARTIES REACHED DURING THESE NEGOTIATIONS. ANYTHING NOT INCLUDED IN THE DOCUMENT IS NOT PART OF THE TENTATIVE AGREEMENT.

FOR THE CITY: FOR THE UNION:
__________________________________ __________________________________ Aracely Azevedo Date Armando (Gary) Ferraris Date
Director of Human Resources President, Unit 6
__________________________________ __________________________________ Marco Mercado Date Cliffy Myers Date
Assistant Director of Human Resources Vice President, Unit 6 __________________________________ __________________________________ Ashley Lancaster Date James Dudley Date
Human Resources Division Manager Negotiation Team Member, Unit 6 __________________________________
Carol McEwan Date
AFSCME Local 101
4/29/22
4/29/22 See attached
See attached
From: Carol McEwan
To: Armando Ferraris, Jr
Cc: Marco Mercado; Gary Ferraris; Aracely Azevedo
Subject: Re: Tentative Agreement between the City and AFSCME (Unit 6) Date: Friday, April 29, 2022 10:40:35 AM
I, Carol McEwan, Approve the tentative agreement reached on 4/28/22 In unity,
Carol McEwan, (she/her) https://lgbt.ucsf.edu/pronounsmatter Union Representative,
AFSCME Council 57
[email protected]
(510) 387-4984
Click HERE to sign a Membership Card
On Apr 29, 2022, at 10:38 AM, Armando Ferraris, Jr
<[email protected]> wrote:

I, Armando Ferraris, Approve the tentative agreement reached on 4/28/22 Wages
Proposed Language:

In accordance with the provisions of Section 18 of the City of Santa Clara Employer-Employee Relations Resolution, this Memorandum of Understanding was made and entered into by and between the designated representatives of the City of Santa Clara (a public agency as defined in Section 3501 (c) of Chapter 10 of Division 4 of Title I of the Government Code of the State of California), hereinafter referred to as the City, and Local 101, A.F.S.C.M.E., the recognized majority representative of the City of Santa Clara Field Operations and Maintenance Unit No. 6, hereinafter referred to as the Union. This agreement constitutes the results of discussions between the City Management Staff and the Union on all matters within the scope of representation. The term of this agreement shall be from December 27, 2020 through December 31, 2021January 1, 2022 through December 31, 2024.

WITNESSETH that:

WHEREAS the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, Union, and the general public may benefit therefrom, and to establish fair and equitable wages, hours and working conditions for certain hereinafter designated employees of the City, NOW, THEREFORE, the parties hereto do agree to propose and recommend that the City Council adopt the following, effective as indicated:

1. WAGE ADJUSTMENT
A. Effective the December 27, 2020 (the first pay period of calendar year 20212022), all salary ranges in classifications assigned to Unit 6 shall remain status quo.

B. In recognition of, and to help secure the employees' speedy ratification of this MOU, the City has exercised its discretion to provide a one-time discretionary cash payment of $5,000 for regular employees (pro-rated for part-time employees) in the bargaining unit following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS.

This one-time discretionary cash payment shall only be paid as follows:

Employees who were employed in a classification assigned to the bargaining unit at the time of the disbursement which is estimated to occur after the first pay period after Council approval of MOU. The one-time discretionary cash payment shall be paid on a day after the first full pay period after Council approval of this MOU on a separate pay check.

C. Effective the first pay period of calendar year 2023, all salary ranges in classifications assigned to Unit 6 shall be increased by approximately 5.0%.

D. Effective the first pay period of calendar year 2024, all salary ranges in classifications assigned to Unit 6 shall be increased by approximately 4.0%.

A. During the term of this Agreement, the parties agree to meet and confer over wages in the event the City reaches agreement on a new general wage increase to be effective during Calendar Year 2021 with any other miscellaneous bargaining unit as part of an agreement on a successor Memorandum of Understanding (MOU). For purposes of this section, “general wage increase” means a wage increase applicable to all members of the bargaining unit (not a subset), but only if that agreement does not also include an agreement for alternative cost saving measures comparable with the savings from a wage and salary step freeze for that specific bargaining unit for Calendar Year 2021 (including but not limited to unpaid furlough days). Additionally, the parties agree that this section shall not apply to any general wage increases applicable to sworn public safety bargaining units or to miscellaneous bargaining units that are exclusively funded through sources other than the General Fund.

B.E. For purposes of this section of the MOU, total compensation for comparison agencies is defined as salary and fringe benefits which are paid by the agency to the employee or on the employees behalf and which are available to each employee in the classification specified in the survey that are recurring in nature after five years' service in that classification as shown below. For the City of Santa Clara, total compensation shall be defined as those elements listed in Section F of this MOU.

It is recognized by both parties to this agreement that it is their mutual responsibility to independently verify, to the extent possible, the accuracy of the information upon which total compensation adjustments are made. Should it be discovered by either party that adjustment(s) to salary and fringe benefits are based on erroneous information or has been erroneously computed, the necessary corrective action will be taken as soon as practical after the discovery and notice of the error has been given. It is the mutual responsibility of both parties to report any suspected error immediately upon discovery to the other party. However, the period for which there will be a right to recover any monies which are either overpaid by the City or underpaid to the employee shall be limited to an adjustment period of up to 90 calendar days from the date the error was first reported to the other party. The corrective action will be taken even in circumstances where the error may bridge successive MOU's, but the recovery will still be limited to amounts owed or owing during the prior 90 calendar days. The 90 calendar day period will begin upon the date of written notification by personal service upon the other party.

Right of recovery by the City of overpayment shall be limited to recovery over the same time period as the overpayment was made. Said repayment will begin with the next paycheck following final determination of the amount to be repaid. Underpayment to the employee shall be made by the City in a lump sum of the amount owed on the next regular paycheck following final determination of the amount to be paid.

C.F. The City and AFSCME will meet and confer regarding implementation of a Citywide classification policy during the term of this MOUThere shall be no employee generated reclassification requests during the term of this MOU. However, the City agrees to discuss a City-wide reclassification policy during the term of this MOU.

Neither an employee nor AFSCME shall have the right to file a grievance regarding either Human Resources’ decision whether or not to study an AFSCME requested reclassification, nor Human Resources’ conclusions if the classification is studied.

D.G. Prior to MOU negotiations, the City will prepare a total compensation survey by computing the total compensation effective October 1 afforded similarly represented classifications of Equipment Operator in the comparing agencies of the cities of San Jose, Mountain View, Palo Alto, Santa Clara County and Sunnyvale and obtaining the average total compensation afforded those agencies. The definitions of the compensation elements used in the survey follow.

DEFINITIONS

1. Salary - Fifth step in the monthly salary range for classification (excluding seniority or longevity steps).

For retiree medical, maximum monthly amount for
which current fifth year employee would be eligible if
the employee retired.

3. Retirement - Monthly employer contribution to social security plans and monthly blended employer rater contributions to
retirement.

4. Holiday Pay - Number of paid holiday hours per year times the base hourly rate, divided by 12.

5. Vacation Pay - Maximum number of annual paid vacation hours allowed by agency per employee upon completion of
five (5) years’ service times the base hourly rate,
divided by 12.

6. Other - Monthly salary equivalent of or maximum monthly agency contribution to other fringe benefits available to all full-time agency employees. To be eligible for
inclusion in comparison data, such benefits of the
comparing jurisdiction must be of a reoccurring nature
or become part of their compensation base. This
category includes the City’s monthly contributions to
employee’s VEBA accounts

7. Total Compensation - The sum of Items 1 through 6 above.

TABULAR DESCRIPTION OF

ADJUSTMENT OF TOTAL COMPENSATION
For the duration of this MOU, the provisions specified in this TABULAR DESCRIPTION OF ADJUSTMENTS OF TOTAL COMPENSATION are suspended.

Upon adoption of MOU for 1999 and by
December 15, 2000, 2001 and 2002
Union presents its determination of total
compensation monies among element areas
noted in Item I-A and in accord with the
above action.

Pay Period established as effective date of
MOU, December 24, 2000 and December
23, 2001 and December 22, 2002
City implements Union’s determination of
allocations as verified by the City.

By April 1, 2000 and April 1, 2003 Union presents its comparison data as defined under Section 2.I, if any, on
represented classifications which are 2.5% or
more below survey average in total
compensation after application of the
common salary adjustment provided for in the
MOU for 2000, 2001, 2002, 2003 for
verification by the City.

After July 1, 2001 and July 1, 2003 City implements salary increases on Salary Schedule “G” for classifications determined to
be 2.5% or more under the survey average in
total compensation as necessary to bring
those classifications to equal or above the
survey average.

Health Insurance
Proposed Language:

3. HEALTH INSURANCE
A. The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.” The City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.

Because CalPERS may change carriers and plans, the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this Section so long as the City contracts for benefits with CalPERS for medical insurance benefits.

B. Definitions. For purposes of this section:

1. “Full-time employee” refers to an employee whose regular schedule is at least 30 hours per week.

2. “Full-time position” refers to a position in a classification, whether vacant or not vacant, whose regular schedule is at least 30 hours per week.

C. Health Insurance Contributions

1. For Plan Year 2022:
(a) For Plan Year 2022, employees who enroll in a City offered health plan and whose premium exceeds the total of the City’s Health Flex Contribution, Additional Health Flex Contribution, and/or Regular Flex Contribution applicable to the employee and as described below, the balance of the premium shall be paid by a salary deduction from the pay of the individual employee.
(b) Health Flex Contribution and Additional Health Flex Contribution Effective January 1, 2018For Plan Year 2022, the City will offers full-time employees a Health Flex Contribution of $188.33/month to put toward the payment of a City offered health plan. This amount applies for 20182022, and shall be modified each calendar year usinguses the Rate of Pay Safe Harbor (based on the lowest base pay of any full-time employee covered by this MOU) to ensure the City’s offered coverage is “affordable.” For Plan Year 2022, the City shall contribute the statutorily required minimum contribution under PEMHCA as determined by CalPERS in each calendar year. It is understood and agreed that the Health Flex Contribution described in this paragraph shall equal or exceed the City’s statutorily required minimum PEMHCA contribution.1
Employees who enroll in a City health plan for which the premium amount is more than $946.86/month shall receive an Additional Health Flex Contribution. The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior paragraph and the Regular Flex Contribution described herein, shall not exceed $400 over the Kaiser employee only premium amount from January 1, 2018 through May 30, 2018. Thereafter, the The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior paragraph and the Regular Flex Contribution described herein, shall not exceed an amount equal to the Kaiser employee plus one rate for the applicable year. (For 2018, this means an additional $235.57/month to these individuals from January 2018 through May 2018, and then $618.01/month for the remainder of 2018.)
Employees may not receive all or any portion of the Health Flex Contribution or Additional Health Flex Contribution as cash or any other taxable benefit, and must apply the Health Flex Contribution to City-offered health benefits. Employees who do not enroll in Cityoffered health benefits will not receive any of the Health Flex Contributions or Additional Health Flex Contribution.

It is understood and agreed that a portion of the Health Flex Contribution described in this subsection is the City’s contribution of the statutorily required minimum contribution under the Public Employees Medical and Hospital Care Act (PEMHCA) (e.g.
$133/month in 2018), which is the City’s designated PEMHCA amount.

B.(c) Regular Flex Contribution
Effective January 1, 2018For Plan Year 2022, the City will provide a Regular Flex Contribution equal to $946.86/month less the monthly Health Flex Contribution (thus, for 2018, the Regular Flex Contribution will be $758.53/month). Employees may use the 1 As an example, for 2022, the PEMHCA minimum is approximately $149/month and the Health Flex Contribution is $288.09/month, which includes the PEMHCA minimum of $149/month.

Regular Flex Contribution to pay for health benefits offered under the City’s Section 125 plan or may opt to receive any or all of the Regular Flex Contribution as taxable cash. An employee will receive a Regular Flex Contribution whether or not he/she enrolls in City-offered health benefits and notwithstanding the provisions of Section 3.C1(d). below.

For employees who enroll in City health and whose benefits exceed the total of the City’s Health Flex and Regular Flex Contributions to them, the balance of the health premium shall be paid by a salary deduction from the pay of the individual employee.

C.(d) Cash In Lieu
Effective January 1, 2018For Plan Year 2022, employees who choose not to enroll in a City health plan, and meet the requirements set forth below shall receive a Cash in Lieu amount equal to $946.86 minus the Regular Flex Contribution (for 20182022, the Cash in Lieu amount is $188.33$288.09/month).

In order to receive Cash in Lieu of health coverage, an employee must sign a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
 Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies.
 Alternative Required Coverage required means minimum
essential coverage through another source (other than
coverage in the individual market, whether or not obtained through Covered California).
 Opt Out Period means the plan year to which the opt out arrangement applies.

An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.

The Cash in Lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

2. Effective January 1, 2023:
(a) Effective January 1, 2023, the City shall make a monthly contribution to the City’s flexible benefit plan which, taken together with the mandatory PEMHCA contribution, equals one hundred (100%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee and employee plus one levels; and ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee plus two or more level. If the employee enrolls in a plan whose premium exceeds the City contribution, the employee shall pay the difference between the total cost of the selected plan and the City’s contribution via salary deduction. In no event shall the City’s contribution pursuant to the provisions of this Section, and any statutorily required minimum contribution under the PEMHCA as determined by CalPERS in each calendar year, exceed one hundred percent (100%) of the premium cost of the lowest price Kaiser (Region 1) plan at the employee and employee plus one level, or ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan at the employee plus two or more level, in which the employee is enrolled.

There shall be no option to receive all or any portion of the City’s Contribution as cash or any other taxable benefit.
(b) Cash in Lieu
1) Effective January 1, 2023, a full-time employee hired on or before December 31, 2022, and who chooses not to enroll in a City health plan and meets the requirements set forth below in in this subsection shall receive a Cash in Lieu amount equal to $946.86/month paid out on the first pay period of the month.
2) A full-time employee hired or rehired on or after January 1, 2023, and who chooses not to enroll in a City health plan and meets the requirements set forth below shall receive a Cash in Lieu amount equal to $250/month paid out on the first pay period of the month.
3) Requirements: In order to receive Cash in Lieu of health coverage, an employee must sign and submit a form
attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out
Period.

A. Tax Family means all individuals for whom the
employee intends to claim a personal exemption
deduction for the taxable year or years that begin or
end in or with the City’s plan year to which the opt
out applies.

B. Alternative Required Coverage required means
minimum essential coverage through another
source (other than coverage in the individual market,
whether or not obtained through Covered
California).

C. Opt Out Period means the plan year to which the opt
out arrangement applies.

D. An employee must provide the attestation every plan
year and proof of Alternative Required Coverage
during open enrollment for each plan year for the
employee to be eligible to receive Cash in Lieu.

E. The Cash in Lieu payment cannot be made and the
City will not in fact make payment if the City knows
or has reason to know that the employee or a Tax
Family member does not have such Alternative
Required Coverage, or if the conditions in this
paragraph are not otherwise satisfied.

F. An employee who opts out of City-offered health
benefits, and does not provide the attestation and
proof of Alternative Required Coverage, will not
receive the Cash in Lieu contribution described in
this subsection.
4) For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, the Cash in Lieu amount shall be prorated as described in
Section GF below.

D. Pursuant to Flores v. City of San Gabriel, the City includes medical premium contributions and "cash in lieu" payments as part of the regular rate of pay for calculating FLSA overtime premiums. The City will cease including these amounts as part of the regular rate in the event that it is no longer legally required to do so (e.g., if Flores is modified or overruled or if the City’s healthcare plan is deemed a qualified plan).

ED. FMLA/CFRA Compliance
The City shall comply with the provisions of the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA).

FE. Flexible Spending Account (IRS Section 125 Plan)
The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and un-reimbursed medical expenses.

This Plan will follow the regulations outlined by the Internal Revenue Service.

Detailed information will be available in the Summary Plan Document. This Plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.

GF. Proration of Benefits
For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, benefits shall be prorated based on the employee’s full-time equivalent (FTE) level.

Personal Safety Equipment and Raingear
Proposed Language:

15. PERSONAL SAFETY EQUIPMENT AND RAINGEAR REIMBURSEMENT Employees shall receive a flat dollar lump sum (non-pensionable) amount of $400$600 each fiscal year toward the purchase or repair of OSHA approved steel-toed (or composite-toed) safety shoes or boots (for employees who are required to wear steel-toed or composite-toed safety shoes or boots) and/or eye protection, and/or ear plugs, and/or headwear protection (i.e., “hard hat”), and/or work gloves, raingear and/or water resistant jacket, work shirts, work pants and socks so long as the type of equipment purchased has been approved in advance by the Department Head as satisfiesying City requirements.

Employees who are required to wear steel-toed (or composite-toed) safety shoes or boots, or other safety equipment, are subject to disciplinary action if they do not have them available at the work site.

The City will continue the current policy to provide safety and/or protective equipment and/or clothing for use by the employee while performing his/her normal duties or during inclement weather or in other occasional special assignments or conditions.

Bereavement Leave
Proposed Language:

8. BEREAVEMENT LEAVE
A. The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of an employee's immediate family, as defined in this Section.
(1) Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of the death of a spouse or domestic partner, parent, child, or sibling of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in-law), spouse or domestic partner;
(2) Employees are eligible for up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent, grandchild, aunt or uncle of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in-law); and
(1)(3) Employees are eligible for up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of a greatgrandparent, great-grandchild, great-aunt, great-uncle, niece, nephew, or first cousin of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in-law).

B. The bereavement leave benefit is based on each death occurrence. All leave must be used within one (1) year following the death of an eligible person.

C. Up to five (5) work days of additional bereavement leave may be charged to an employee's accrued sick leave balance as Family Death Leave with City Manager approval.

D. At the request of the City, the employee will provide verification of death of eligible person.

Holidays
Proposed Language:

9. HOLIDAYS, AWARDED CTO, AND NON-MANAGEMENT LEAVE
A. Paid Holidays
1) The City will observe the following thirteen (13) dates (or days) as City Holidays and City offices will be closed in observance of those holidays. Represented employees will be entitled to eight (8) hours of paid time off, equivalent to the number of hours for their regularly assigned shift in observation of the holidays listed.  New Year's Day (January 1),
 Martin Luther King Day (3rd Monday in January),
 President's Day (3rd Monday in February),
 Spring Holiday (observed on Good Friday),
 Memorial Day (last Monday in May),
 Independence Day (July 4),
 Labor Day (1st Monday in September),
 Admission Day (September 9),
 Columbus Day (2nd Monday in October),
 Veteran's Day (November 11),
 Thanksgiving Day (4th Thursday in November),
 Friday after Thanksgiving,
 Christmas Day (December 25).

Holidays which fall on a specific date and which fall on Saturday are observed the preceding Friday. Holidays which fall on a specific date and which fall on Sunday are observed the following Monday.

Grievance Process
Proposed Language:

17. GRIEVANCE PROCESS
A. The City's employee grievance process is established in City Manager's Directive #47 (CMD #47) titled On The Job Personnel Grievances. This CMD generally describes the process available to individual employees to clarify (and modify, if so required) interpretations of City rules, regulations, procedures and policies, including interpretations of this MOU. Should the City determine that CMD #47 needs to be revised during the term of this MOU, an offer to meet and consult with representatives of Unit 6 shall be extended for the purpose of receiving Unit 6 comments prior to the adoption of the revised CMD.

B. The following procedure is in place for represented employees who choose to have Union representation during the course of the Grievance process.

1. STEP 1
a. The grievance must be presented within thirty (30) calendar days following the event(s) on which the grievance is based, or thirty (30) calendar days from when the employee received notice, to the extent possible. In no event can the grievance be filed one (1) year from the date of occurrence. Step 1 of the process is the informal discussion between the employee and his/her supervisor (up to and including the department head). Should this informal process not result in resolution of the grievance, the employee shall reduce his/her grievance to writing and submit it to his/her department head for formal action as outlined in STEP 2.

2. STEP 2
a. Within five (5) working days (or at a later, mutually agreeable date, if either the employee, his/her representative or the department head is not available within the five (5) day period) of the receipt of the formal grievance, the department head shall review the entire grievance file through a meeting with the employee and his/her Union representative (if the employee chooses to be represented at this point). Within five (5) working days from the date of this meeting, the department head will respond in writing to the employee, setting forth his/her resolution to the problem. The employee must respond within five (5) working days to the department head in writing as to whether the grievance has been resolved or is still unresolved. If the matter has not been resolved as a result of this step, the department head shall immediately forward all written material, including the original grievance, to the Municipal Employee Relations Officer (MERO) for action as outlined in STEP 3.

3. STEP 3
a. Within five (5) working days (or at a later, mutually agreeable, date if any party to the grievance is not available within the five (5) day period) of the receipt of the grievance material, the MERO and the department head shall review the entire grievance file through a meeting with the employee, his/her Union representative (if the employee chooses to be represented at this point) and any additional parties who the MERO feels can help to resolve the grievance. Within five (5) working days from the date of this meeting, the MERO will respond in writing to the employee, setting forth his/her resolution to the problem. The employee must respond within five (5) working days to the MERO in writing as to whether the grievance has been resolved or is still unresolved. If the matter has not been resolved as a result of this step, the MERO shall forward all written material, including the original grievance, to the City Manager for action as outlined in STEP 4.

4. STEP 4
a. Within fifteen (15) working days of the receipt of the grievance material the City Manager shall review the entire matter and render a final decision, in writing as to the resolution of the grievance. This review may include a meeting with the parties concerned (including the employee and his/her Union representative) and, if such a meeting is required, it will be scheduled within the fifteen (15) day period at a date that is mutually agreeable to all parties to the matter and the City Manager will render a final decision within five (5) working days of that meeting. The City Manager's decision will be directed to the employee through his/her department head. If the employee disputes the City Manager's final decision in the matter, the advisory arbitration process outlined in STEP 5 will be available.

5. STEP 5
a. If the Union continues to dispute the decision of the City Manager on behalf of the employee, the Union shall, within 15 working days of the City Manager's final decision, request that the matter be referred to an arbitrator, who shall render a decision on an advisory opinion on the merits of the grievance to the Union and City Manager. The City Manager may accept, modify or reject the advisory opinion of the arbitrator and the City Manager's decision shall be final and without any further recourse of appeal. The decision of the arbitrator shall be final and binding.
b. The parties agree that the time limits set forth herein are of the essence of this procedure and are to be strictly complied with. Time limits may be extended only by written mutual agreement of the parties.
c. The cost of the arbitrator shall be shared equally by the City and the Union and shall be selected by mutual agreement between the City and the Union or selected from a list of seven (7) qualified arbitrators provided by the State of California Conciliation Service.

Any costs associated with the mutually agreed upon joint request for a list of persons qualified to act as arbitrators from the State of California Mediation and Conciliation Service shall be divided equally between the parties. The City will process the joint request after receiving the Union’s share of the cost for obtaining the list. d. Within ten (10) working days following receipt of the above referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternately strike one name from the list until only one (1) name remains, and that person shall be the arbitrator. e. The arbitrator shall have all pertinent written materials and witnesses used by either party in their review of the grievance available during his/her deliberations. Costs of representatives, witnesses or materials shall be assumed by each party to the grievance. Court reporter fees are also shared equally among the parties.

SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA
AND

THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 101
(UNIT 6)

JUNETEENTH
The City and the American Federation of State, County and Municipal Employees, Local 101 (AFSCME) (hereafter, “Unit 6”) agree to continue to meet and confer over the issue of Juneteenth.

The parties agree that the first meeting on whether Juneteenth shall occur no later than May 1, 2022.

FOR THE CITY: FOR UNIT 6:
_____________________________ _____________________________ Marco Mercado Date Armando (Gary) Ferraris Date
Assistant Director of Human Resources President, Unit 6 _____________________________ _____________________________ Ashley Lancaster Date Carol McEwan Date
Division Manager, Human Resources AFSCME Local 101
Release Time
Proposed Language:

33. RELEASE TIME FOR UNION OFFICERS AND STEWARDS
A. Time Off For Union Representation
1) MEET AND CONFER/CONSULT: Up to five (5) designated members of the Union shall be allowed time off without loss of compensation for purposes of meeting and conferring or meeting and consulting with City representatives on matters within the scope of representation. In addition, for purposes of MOU negotiations, the up to five (5) members of the Union shall also be afforded a total of two (2) hours’ time off without loss of compensation before and/or after each MOU negotiations meeting. 2) The Union President or designee shall be authorized release time to appear before the Civil Service Commission and the City Council at meetings when such bodies are considering matters affecting the bargaining unit and to attend meetings called by the City Administration regarding matters affecting the bargaining unit.
3) Members of the Union’s Executive Board (E-Board) shall be provided up to one (1) hour of paid release time per month for the purpose of E-Board meetings. The Union shall provide the City the names of City employees on the E-Board eligible for paid release time under this provision. The Union shall provide the City advance notice of scheduled monthly E-Board meetings in order for the City to notify Departments of the release time. ** This agreement is considered tentative and shall not be considered final or binding until a final agreement on all terms has been reached and both ratified by union members and approved by the City Council.

MEMORANDUM OF

UNDERSTANDING
between

CITY OF SANTA CLARA
and

AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 101
UNIT 6
DECEMBER 27, 2020 – DECEMBER 31,
2021JANUARY 1, 2022 – DECEMBER 31, 2024

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SANTA CLARA AND
LOCAL 101, A.F.S.C.M.E. REPRESENTING
CITY OF SANTA CLARA FIELD OPERATIONS AND MAINTENANCE UNIT NO. 6 DECEMBER 27, 2020 – DECEMBER 31, 2021JANUARY 1, 2022 – DECEMBER 31, 2024
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Table of Contents

1. WAGE ADJUSTMENT ............................................................................................... 1

2. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ............ 5

3. HEALTH INSURANCE ............................................................................................... 5

4. DENTAL INSURANCE ............................................................................................. 11

5. VISION INSURANCE ............................................................................................... 11

6. DUES DEDUCTIONS .............................................................................................. 11

7. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ....................................... 12

8. BEREAVEMENT LEAVE ......................................................................................... 13

9. HOLIDAYS, AWARDED CTO, AND NON-MANAGEMENT LEAVE ........................ 14

10. VACATION ACCRUAL ............................................................................................ 15

11. NIGHT DIFFERENTIAL ................................................................................... 171716

12. EMPLOYEE ASSISTANCE PROGRAM .................................................................. 17

13. AFFIRMATIVE RESPONSE TO EMERGENCY OVERTIME .................................. 17

14. OUT-OF-CLASS ASSIGNMENTS AND TRAINING ................................................ 17

15. PERSONAL SAFETY EQUIPMENT AND RAINGEAR REIMBURSEMENT ........... 19

16. REQUIRED TRAINING AND CERTIFICATION CLASSES ..................................... 19

17. GRIEVANCE PROCESS ......................................................................................... 19

18. GOLDEN FRIDAY PROGRAM ........................................................................ 222221

19. ALTERNATE WORK SCHEDULE (NINE-EIGHTY PLAN) ...................................... 22

20. DEPARTMENTAL SAFETY COMMITTEE .............................................................. 22

21. CROSS REFERENCE OF EMPLOYMENT RELATED MATERIALS ...................... 22

22. USE OF CITY BULLETIN BOARDS ........................................................................ 23

23. OVERTIME .............................................................................................................. 23

24. EMERGENCY PAID LEAVE POOL ................................................................. 242423

25. LIMITED/ALTERNATIVE DUTY............................................................................... 25

26. LAY-OFF POLICY .................................................................................................... 27

27. STEP INCREASES .................................................................................................. 29

28. VOLUNTARY TIME OFF (VTO)............................................................................... 29

29. DISABILITY INSURANCE........................................................................................ 30

30. INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON WORKERS’ COMPENSATION................................................................................ 31

31. FLEXTIME ............................................................................................................... 31

32. AUTOMOTIVE TECHNICIAN TOOLS REIMBURSEMENT ..................................... 31

33. RELEASE TIME FOR UNION OFFICERS AND STEWARDS ................................. 32

34. DISCIPLINARY RIGHTS ................................................................................. 333332

35. REST PERIOD FOLLOWING EMERGENCY WORK .............................................. 33

36. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) ....................... 34

37. RETIREE MEDICAL REIMBURSEMENT ................................................................ 35

38. FLEXIBLE SPENDING PLAN INTERNAL REVENUE CODE SECTION 125 .......... 35

39. DOMESTIC PARTNERS.......................................................................................... 35

40. PAY PERIODS ......................................................................................................... 35

41. NEXT MEMORANDUM OF UNDERSTANDING ..................................................... 36

42. INTEGRATED MEMORANDUM OF UNDERSTANDING ................................ 363635

43. MANAGEMENT RIGHTS ......................................................................................... 36 EXHIBIT A TOOL LIST ................................................................................................... 39

EXHIBIT B CROSS REFERENCE TO PERTINENT EMPLOYMENT RELATED MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)
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MATERIALS ............................................................................................................. 41 ERROR! HYPERLINK REFERENCE NOT VALID.1. ...................... WAGE ADJUSTMENT ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.1 ERROR! HYPERLINK REFERENCE NOT VALID.2. ....................... CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ...... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.4
ERROR! HYPERLINK REFERENCE NOT VALID.3. ...................... HEALTH INSURANCE ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.5 ERROR! HYPERLINK REFERENCE NOT VALID.4. ...................... DENTAL INSURANCE ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.7 ERROR! HYPERLINK REFERENCE NOT VALID.5. ........................ VISION INSURANCE ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.7 ERROR! HYPERLINK REFERENCE NOT VALID.6. ........................DUES DEDUCTIONS ….7
ERROR! HYPERLINK REFERENCE NOT VALID.7. ............. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ........... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.8
ERROR! HYPERLINK REFERENCE NOT VALID.8. .................. BEREAVEMENT LEAVE ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.9 ERROR! HYPERLINK REFERENCE NOT VALID.9. HOLIDAYS, AWARDED CTO, AND NON-MANAGEMENT LEAVE.................................................................................... 9 ERROR! HYPERLINK REFERENCE NOT VALID.10. ....................VACATION ACCRUAL ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.11
ERROR! HYPERLINK REFERENCE NOT VALID.11. ...................NIGHT DIFFERENTIAL ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.12
ERROR! HYPERLINK REFERENCE NOT VALID.12 ............. EMPLOYEE ASSISTANCE PROGRAM .............................................................................................................. 13 ERROR! HYPERLINK REFERENCE NOT VALID.13. .... AFFIRMATIVE RESPONSE TO EMERGENCY OVERTIME ............. ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.13
ERROR! HYPERLINK REFERENCE NOT VALID.14. .OUT-OF-CLASS ASSIGNMENTS AND TRAINING ....... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.13
ERROR! HYPERLINK REFERENCE NOT VALID.15 ....................... PERSONAL SAFETY EQUIPMENT AND RAINGEAR REIMBURSEMENT ............................................... 15 ERROR! HYPERLINK REFERENCE NOT VALID.16. ..........REQUIRED TRAINING AND CERTIFICATION CLASSES ........... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.15
ERROR! HYPERLINK REFERENCE NOT VALID.17. ................ GRIEVANCE PROCESS ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.15
ERROR! HYPERLINK REFERENCE NOT VALID.18. ...... GOLDEN FRIDAY PROGRAM ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.17
ERROR! HYPERLINK REFERENCE NOT VALID.19. .ALTERNATE WORK SCHEDULE (NINE-EIGHTY PLAN) .................... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.17
ERROR! HYPERLINK REFERENCE NOT VALID.20. ............DEPARTMENTAL SAFETY COMMITTEE ...ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)
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DEFINED.17
ERROR! HYPERLINK REFERENCE NOT VALID.21. ..............CROSS REFERENCE OF EMPLOYMENT RELATED MATERIALS ........................ ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.17
ERROR! HYPERLINK REFERENCE NOT VALID.22. ............... USE OF CITY BULLETIN BOARDS ..........ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.18
ERROR! HYPERLINK REFERENCE NOT VALID.23. ........................................OVERTIME ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.18
ERROR! HYPERLINK REFERENCE NOT VALID.24EMERGENCY PAID LEAVE POOL 19 ERROR! HYPERLINK REFERENCE NOT VALID.25. .... LIMITED/ALTERNATIVE DUTY ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.20
ERROR! HYPERLINK REFERENCE NOT VALID.26. ............................LAY-OFF POLICY ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.22
ERROR! HYPERLINK REFERENCE NOT VALID.27. ..........................STEP INCREASES ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.24
ERROR! HYPERLINK REFERENCE NOT VALID.28. .... VOLUNTARY TIME OFF (VTO) ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.24
ERROR! HYPERLINK REFERENCE NOT VALID.29. .............. DISABILITY INSURANCE ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.25
ERROR! HYPERLINK REFERENCE NOT VALID.30. .....................................INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON WORKERS’ COMPENSATION .... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.26
ERROR! HYPERLINK REFERENCE NOT VALID.31. .........................................FLEXTIME ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.26
ERROR! HYPERLINK REFERENCE NOT VALID.32. .........AUTOMOTIVE TECHNICIAN TOOLS REIMBURSEMENT ........... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.26
ERROR! HYPERLINK REFERENCE NOT VALID.33 .........RELEASE TIME FOR UNION OFFICERS AND STEWARDS ................................................................................. 27 ERROR! HYPERLINK REFERENCE NOT VALID.34. .................DISCIPLINARY RIGHTS ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.28
ERROR! HYPERLINK REFERENCE NOT VALID.35. ........ REST PERIOD FOLLOWING EMERGENCY WORK ..................... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.28
ERROR! HYPERLINK REFERENCE NOT VALID.36. .............VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)................................................................... 29 ERROR! HYPERLINK REFERENCE NOT VALID.37. ........................ RETIREE MEDICAL REIMBURSEMENT . ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.29
ERROR! HYPERLINK REFERENCE NOT VALID.38 ......... FLEXIBLE SPENDING PLAN MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)
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INTERNAL REVENUE CODE SECTION 125.......................................................... 30 ERROR! HYPERLINK REFERENCE NOT VALID.39. .................DOMESTIC PARTNERS ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.30
ERROR! HYPERLINK REFERENCE NOT VALID.40. ................................. PAY PERIODS ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.30
ERROR! HYPERLINK REFERENCE NOT VALID.41. ............ NEXT MEMORANDUM OF UNDERSTANDING .. ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.30
ERROR! HYPERLINK REFERENCE NOT VALID.42. ....INTEGRATED MEMORANDUM OF UNDERSTANDING ................... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.31
ERROR! HYPERLINK REFERENCE NOT VALID.43. ................MANAGEMENT RIGHTS ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT
DEFINED.31
EXHIBIT A TOOL LIST ................................................................................................... 34

EXHIBIT B CROSS REFERENCE TO PERTINENT EMPLOYMENT RELATED MATERIALS ............................................................................................................. 36

ALPHABETICAL TABLE OF CONTENTS
AFFIRMATIVE RESPONSE TO EMERGENCY OVERTIME ..................................... 1316 ALTERNATE WORK SCHEDULE (NINE-EIGHTY PLAN) ......................................... 1721 AUTOMOTIVE TECHNICIAN TOOLS REIMBURSEMENT ........................................ 2630 BEREAVEMENT LEAVE ............................................................................................. 912 CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ................... 4 CROSS REFERENCE OF EMPLOYMENT RELATED MATERIALS ......................... 1721 DENTAL INSURANCE .................................................................................................... 79 DEPARTMENTAL SAFETY COMMITTEE ................................................................. 1721 DISABILITY INSURANCE ........................................................................................... 2529 DISCIPLINARY RIGHTS ............................................................................................. 2832 DOMESTIC PARTNERS ............................................................................................. 3034 DUES DEDUCTIONS ................................................................................................... 710 EMERGENCY PAID LEAVE POOL ............................................................................ 1923 EMPLOYEE ASSISTANCE PROGRAM ..................................................................... 1316 EMPLOYEE RIGHTS ...................................................................................................... 28 EXHIBIT A TOOL LIST ............................................................................................... 3438

EXHIBIT B CROSS REFERENCE TO PERTINENT EMPLOYMENT RELATED MATERIALS ......................................................................................................... 3640 FLEXIBLE SPENDING PLAN INTERNAL REVENUE CODE SECTION 125 ............. 3034 FLEXTIME ................................................................................................................... 2630 GOLDEN FRIDAY PROGRAM ................................................................................... 1721 GRIEVANCE PROCESS ............................................................................................ 1518 HEALTH INSURANCE ...................................................................................................... 5 HOLIDAYS, AWARDED CTO, AND NON-MANAGEMENT LEAVE ............................ 913

INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON WORKERS’ COMPENSATION............................................................................ 2629 INTEGRATED MEMORANDUM OF UNDERSTANDING ........................................... 3135 LAY-OFF POLICY ....................................................................................................... 2225 LIMITED/ALTERNATIVE DUTY .................................................................................. 2024 MANAGEMENT RIGHTS ............................................................................................ 3135 MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)
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NEXT MEMORANDUM OF UNDERSTANDING ........................................................ 3134 NIGHT DIFFERENTIAL .............................................................................................. 1216 OUT-OF-CLASS ASSIGNMENTS AND TRAINING ................................................... 1316 OVERTIME ................................................................................................................. 1822 PAY PERIODS ............................................................................................................ 3034 PERSONAL SAFETY EQUIPMENT AND RAINGEAR REIMBURSEMENT .............. 1518 RELEASE TIME FOR UNION OFFICERS AND STEWARDS .................................... 2731 REQUIRED TRAINING AND CERTIFICATION CLASSES ........................................ 1518 REST PERIOD FOLLOWING EMERGENCY WORK ................................................. 2832 RETIREE MEDICAL REIMBURSEMENT ................................................................... 2933 SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ............................................ 811 STEP INCREASES ..................................................................................................... 2427 USE OF CITY BULLETIN BOARDS ........................................................................... 1821 VACATION ACCRUAL .................................................................................................. 141 VISION INSURANCE .................................................................................................... 710 VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) .......................... 2933 VOLUNTARY TIME OFF (VTO) .................................................................................. 2428 WAGE ADJUSTMENT .... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.1
MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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WITNESSETH that:

WHEREAS the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, Union, and the general public may benefit therefrom, and to establish fair and equitable wages, hours and working conditions for certain hereinafter designated employees of the City,
NOW, THEREFORE, the parties hereto do agree to propose and recommend that the City Council adopt the following, effective as indicated:

1. WAGE ADJUSTMENT
A. Effective the December 27, 2020December 26, 2021 (the first pay period of calendar year 20212022), all salary ranges in classifications assigned to Unit 6 shall remain status quo.

The Parties intend and understand that this lump sum payment is nonpensionable and will not be reported to CalPERS.

This one-time discretionary cash payment shall only be paid as follows:

A. Employees who were employed in a classification assigned to the bargaining unit at the time of the disbursement, which is estimated to occur after the first pay period after Council approval of MOU. The one-time discretionary cash payment shall be paid on a day after the first full pay period after Council approval of this MOU on a separate paycheck.

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SANTA CLARA AND
LOCAL 101, A.F.S.C.M.E. REPRESENTING
CITY OF SANTA CLARA FIELD OPERATIONS AND MAINTENANCE UNIT NO. 6 JANUARY 1, 2022 – DECEMBER 31, 2024DECEMBER 27, 2020 – DECEMBER 31, 2021
MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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C. Effective December 25, 2022 (the first pay period of calendar year 2023), all salary ranges in classifications assigned to Unit 6 shall be increased by approximately 5.0%.

D. Effective the first pay period of calendar year 2024, all salary ranges in classifications assigned to Unit 6 shall be increased by approximately 4.0%.

B. During the term of this Agreement, the parties agree to meet and confer over wages in the event the City reaches agreement on a new general wage increase to be effective during Calendar Year 2021 with any other miscellaneous bargaining unit as part of an agreement on a successor Memorandum of Understanding (MOU). For purposes of this section, “general wage increase” means a wage increase applicable to all members of the bargaining unit (not a subset), but only if that agreement does not also include an agreement for alternative cost saving measures comparable with the savings from a wage and salary step freeze for that specific bargaining unit for Calendar Year 2021 (including but not limited to unpaid furlough days). Additionally, the parties agree that this section shall not apply to any general wage increases applicable to sworn public safety bargaining units or to miscellaneous bargaining units that are exclusively funded through sources other than the General Fund.

C.E. For purposes of this section of the MOU, total compensation for comparison agencies is defined as salary and fringe benefits which are paid by the agency to the employee or on the employees’ behalf and which are available to each employee in the classification specified in the survey that are recurring in nature after five years' service in that classification as shown below. For the City of Santa Clara, total compensation shall be defined as those elements listed in Section F H of this MOU.

DF. It is recognized by both parties to this agreement that it is their mutual responsibility to independently verify, to the extent possible, the accuracy of the information upon which total compensation adjustments are made.

Should it be discovered by either party that adjustment(s) to salary and fringe benefits are based on erroneous information or has been erroneously computed, the necessary corrective action will be taken as soon as practical after the discovery and notice of the error has been given. It is the mutual responsibility of both parties to report any suspected error immediately upon discovery to the other party. However, the period for which there will be a right to recover any monies which are either overpaid by the City or underpaid to the employee shall be limited to an adjustment period of up to 90 calendar days from the date the error was first reported to the other party.

The corrective action will be taken even in circumstances where the error may bridge successive MOU's, but the recovery will still be limited to amounts owed or owing during the prior 90 calendar days. The 90 90-calendar day period will begin upon the date of written notification by personal service upon the other party.

Right of recovery by the City of overpayment shall be limited to recovery over the same time period as the overpayment was made. Said repayment will begin with the next paycheck following final determination of the amount to be MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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repaid. Underpayment to the employee shall be made by the City in a lump sum of the amount owed on the next regular paycheck following final determination of the amount to be paid.

EG. The City and AFSCME will meet and confer regarding implementation of a City-wide classification policy during the term of this MOU.There shall be no employee generated reclassification requests during the term of this MOU.

However, the City agrees to discuss a City-wide reclassification policy during the term of this MOU. Neither an employee nor AFSCME shall have the right to file a grievance regarding either Human Resources’ decision whether or not to study an AFSCME requested reclassification, nor Human Resources’ conclusions if the classification is studied.

FH. Prior to MOU negotiations, the City will prepare a total compensation survey by computing the total compensation effective October 1 afforded similarly represented classifications of Equipment Operator in the comparing agencies of the cities of San Jose, Mountain View, Palo Alto, Santa Clara County and Sunnyvale and obtaining the average total compensation afforded those agencies. The definitions of the compensation elements used in the survey follow.

DEFINITIONS

1. Salary - Fifth step in the monthly salary range
for classification (excluding seniority or
longevity steps).

2. Life, Health, Dental, Vision, VEBA,
Retiree Medical, LTD and other
Insurance -
Maximum agency monthly contribution
per employee to insurance premiums
plus maximum agency monthly
contribution to other fringe benefit
insurance premiums. For retiree
medical, maximum monthly amount for
which current fifth year employee
would be eligible if the employee
retired.

3. Retirement - Monthly employer contribution to social security plans and monthly blended
employer rater contributions to
retirement.

4. Holiday Pay - Number of paid holiday hours per year
times the base hourly rate, divided by
MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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12. 5. Vacation Pay - Maximum number of annual paid
vacation hours allowed by agency per
employee upon completion of five (5)
years’ service times the base hourly
rate, divided by 12.

6. Other - Monthly salary equivalent of or
maximum monthly agency contribution
to other fringe benefits available to all
full-time agency employees. To be
eligible for inclusion in comparison
data, such benefits of the comparing
jurisdiction must be of a reoccurring
nature or become part of their
compensation base. This category
includes the City’s monthly
contributions to employee’s VEBA
accounts

7. Total Compensation - The sum of Items 1 through 6 above.

TABULAR DESCRIPTION OF

ADJUSTMENT OF TOTAL COMPENSATION
For the duration of this MOU, the provisions specified in this TABULAR DESCRIPTION OF ADJUSTMENTS OF TOTAL COMPENSATION are
suspended.

Pay Period established as effective date of
MOU, December 24, 2000 and December
23, 2001 and December 22, 2002
City implements Union’s determination of
allocations as verified by the City.

MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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2. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) The City has contracted with CalPERS to provide employees with the 2.7% at age 55 formula effective December 17, 2006 for “Classic” or “Legacy” employees as defined by CalPERS and the Public Employees’ Pension Reform Act of 2013 (PEPRA) and the 2.0% at 62 with “highest three year average” for “New Members” as defined by CalPERS and PEPRA. Classic/Legacy employees shall continue to pay the employee contribution rate and New Members shall contribute 50% of the “normal cost” of their pension formula as required and defined by CalPERS and PEPRA. The employee's CalPERS retirement contribution will continue to be treated as tax deferred.

If CalPERS should implement a change in its actuarial methodology (i.e. assumed discount rate, smoothing methodology, demographic assumptions, etc.) which change would have a material impact on the City’s employer contribution, the City and AFSCME agree to meet and confer regarding this change and its impacts.

3. HEALTH INSURANCE
A. The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.”
The City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.

MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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Pursuant to the PEMHCA, the City will provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to the PEMHCA minimum contribution provided to an active employee under this Section
B. Definitions. For purposes of this section:
1) “Full-time employee” refers to an employee whose regular schedule is at least 30 hours per week.
1)2) “Full-time position” refers to a position in a classification, whether vacant or not vacant, whose regular schedule is at least 30 hours per week.

C. Health Insurance Contributions
1) For Plan Year 2022:
(a) For Plan Year 2022, employees who enroll in a City offered health plan and whose premium exceeds the total of the City’s Health Flex Contribution, Additional Health Flex Contribution, and/or Regular Flex Contribution applicable to the employee and as described below, the balance of the premium shall be paid by a salary deduction from the pay of the individual employee B.(b) Health Flex Contribution and Additional Health Flex Contribution Effective January 1, 2018For Plan Year 2022, the City will offers full-time employees a Health Flex Contribution of $188.33/month to put toward the payment of a City offered health plan. This amount applies for 20182022, and shall be modified each calendar year using uses the Rate of Pay Safe Harbor (based on the lowest base pay of any full-time employee covered by this MOU) to ensure the City’s offered coverage is “affordable.” For Plan Year 2022, the City shall contribute the statutorily required minimum contribution under PEMHCA as determined by CalPERS in each calendar year. It is understood and agreed that the Health Flex Contribution described in this paragraph shall equal or exceed the City’s statutorily required PEMHCA contribution.1 Employees who enroll in a City health plan for which the premium amount is more than $946.86/month shall receive an Additional 1 As an example, for 2022, the PEMHCA minimum is approximately $149/month and the Health Flex Contribution is $288.09/month, which includes the PEMHCA minimum of $149/month.

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Health Flex Contribution. The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior paragraph and the Regular Flex Contribution described herein, shall not exceed $400 over the Kaiser employee only premium amount from January 1, 2018 through May 30, 2018. Thereafter, the The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior paragraph and the Regular Flex Contribution described herein, shall not exceed an amount equal to the Kaiser employee plus one rate for the applicable year. (For 2018, this means an additional
$235.57/month to these individuals from January 2018 through May 2018, and then $618.01/month for the remainder of 2018.) Employees may not receive all or any portion of the Health Flex Contribution or Additional Health Flex Contribution as cash or any other taxable benefit, and must apply the Health Flex Contribution to City-offered health benefits. Employees who do not enroll in City-offered health benefits will not receive any of the Health Flex Contributions or Additional Health Flex Contribution.

C.(c) Regular Flex Contribution
Effective January 1, 2018For Plan Year 2022, the City will provide a Regular Flex Contribution equal to $946.86/month less the monthly Health Flex Contribution (thus, for 2018, the Regular Flex Contribution will be $758.53/month). Employees may use the Regular Flex Contribution to pay for health benefits offered under the City’s Section 125 plan or may opt to receive any or all of the Regular Flex Contribution as taxable cash. An employee will receive a Regular Flex Contribution whether or not he/she enrolls in City-offered health benefits and notwithstanding the provisions of Section 3.C.1(d) below.

For employees who enroll in City health and whose
benefits exceed the total of the City’s Health Flex and Regular Flex Contributions to them, the balance of the health
premium shall be paid by a salary deduction from the pay of the individual employee.

D.(d) Cash In Lieu
Effective January 1, 2018For Plan Year 2022, employees who choose not to enroll in a City health plan, and meet the MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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requirements set forth below shall receive a Cash in Lieu amount equal to $946.86 minus the Regular Flex Contribution (for 20182022, the Cash in Lieu amount is $188.33288.09/month).

In order to receive Cash in Lieu of health coverage, an employee must sign a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
 Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies.
 Alternative Required Coverage required means minimum
essential coverage through another source (other than
coverage in the individual market, whether or not obtained through Covered California).
 Opt Out Period means the plan year to which the opt out arrangement applies.

An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.

The Cash in Lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such
alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

An employee who opts out of City-offered health benefits, but cannot provide the attestation, will not receive the Cash in Lieu contribution described in this subsection.
(e) Effective December 31, 2022, this Section 3.C.1 shall expire and become ineffective.
2) Effective January 1, 2023:
(a) Effective January 1, 2023, the City shall make a monthly contribution to the City’s flexible benefit plan which, taken together with the mandatory PEMHCA contribution, equals one hundred (100%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee and employee plus one levels; and ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee plus two or more level. If the employee enrolls in a plan whose premium exceeds the City contribution, the employee shall pay the difference between the total cost of the selected plan MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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and the City’s contribution via salary deduction. In no event shall the City’s contribution pursuant to the provisions of this Section, and any statutorily required minimum contribution under the PEMHCA as determined by CalPERS in each calendar year,
exceed one hundred percent (100%) of the premium cost of the lowest price Kaiser (Region 1) plan at the employee and employee plus one level, or ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan at the employee plus two or more level, in which the employee is enrolled.

There shall be no option to receive all or any portion of the City’s Contribution as cash or any other taxable benefit.
(b) Cash in Lieu

1. Effective January 1, 2023, a full-time employee hired on or before December 31, 2022, and who chooses not to enroll in a City health plan and meets the requirements set forth below in in this subsection shall receive a Cash in Lieu amount equal to $946.86/month paid out on the first pay period of the month.

2. A full-time employee hired or rehired on or after January 1, 2023, and who chooses not to enroll in a City health plan and meets the requirements set forth below shall receive a Cash in Lieu amount equal to $250/month paid out on the first pay period of the month.

3. Requirements: In order to receive Cash in Lieu of health coverage, an employee must sign and submit a form
attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out
Period.

B. Alternative Required Coverage required means
minimum essential coverage through another source
(other than coverage in the individual market, whether
or not obtained through Covered California).

C. Opt Out Period means the plan year to which the opt
out arrangement applies.

D. An employee must provide the attestation every plan
year and proof of Alternative Required Coverage
MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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during open enrollment for each plan year for the
employee to be eligible to receive Cash in Lieu.

E. The Cash in Lieu payment cannot be made and the
City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family
member does not have such Alternative Required
Coverage, or if the conditions in this paragraph are not otherwise satisfied.

4. For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, the Cash in Lieu amount shall be prorated as described in
Section G below.

E. FMLA/CFRA Compliance
The City shall comply with the provisions of the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA).

F. Flexible Spending Account (IRS Section 125 Plan)
The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and un-reimbursed medical expenses. .

This Plan will follow the regulations outlined by the Internal Revenue Service.

Detailed information will be available in the Summary Plan Document. This Plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.

G. Proration of Benefits
For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, benefits shall be prorated based on the employee’s full-time equivalent (FTE) level.

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4. DENTAL INSURANCE
The City will pay toward dental insurance premiums an amount equal to the lowest cost employee only premium amount among the dental plans offered by the City. All employees are required to enroll in a dental plan.

5. VISION INSURANCE
For persons enrolled in the City’s VSP vision plan, the city will pay toward vision insurance premiums an amount equal to the lowest cost employee only vision premium. Participation is voluntary. Employees that do not choose to enroll in a vision plan are not entitled to the benefit of City contributions to vision premiums descried in this paragraph.

6. DUES DEDUCTIONS
A. A bargaining unit member may at any time execute a payroll deduction authorization form or forms (“Deduction Authorization Form”) as furnished by the Union.

B. The Union will be the custodian of records for such Deduction Authorization Forms and will provide the City with a certification that it has and will maintain a Deduction Authorization Form, signed by each individual from whose salary or wages the deduction is to be made (“Certification”). The Union shall not be required to provide the City a copy of the member’s Deduction Authorization Form unless a dispute arises about the existence or terms of the Deduction Authorization Form. However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.

C. The City shall begin deductions in the amount prescribed by the Union in the first full payroll period after receipt of written Certification from the Union.

Deductions shall be made from wages earned by the employee only during the first 2 pay periods of every month. The employer shall transmit such payments to the Union no later than thirty (30) days after the deduction from the member’s earnings occurs.

D. Deductions may be revoked only pursuant to the terms of the Deduction Authorization Form. The City shall direct member requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for a member were properly canceled or changed. However, the parties agree that the City shall automatically cease deductions for any member who is no longer employed in a classification represented by the Union.

E. If, through inadvertence or error, the City fails to make the authorized deduction, or any part thereof, the City shall correct such omission or error within thirty (30) days after the Union notifies the City in writing of the error.

Errors will be addressed prospectively and not retroactively.

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F. It is expressly understood and agreed that the Union will refund to the employee any Association dues erroneously withheld from an employee's wages by the City and paid to the Union.

G. Consistent with state law, the Union shall indemnify and save harmless the City, its officers and employees, for (1) any claims made by an employee for deductions made in reliance on the Union’s Certification and (2) any claims made by an employee for deductions made in reliance on information provided by the Union regarding changes or cancellations to the deduction authorization.

H. The City shall distribute Union-prepared Deduction Authorization Forms to new unit members. Each pay period, the City shall provide the Union with a list of newly hired Union members (if any).

I. PEOPLE Deductions: The City agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the City and the Union. The employer agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the pay period covered by the remittance. Deductions shall be made from wages earned by the employee only during the first 2 pay periods of every month.

AFSCME and employees represented by AFSCME must comply with CMD 82 and this does not change the current rule/policy placing restrictions on political activities during work hours.

7. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. Sick Leave
1) Employees shall accrue ninety-six (96) hours of sick leave per year of regular City employment. Sick leave shall accrue in equal amounts each pay period. Employees shall not accrue sick leave while they are on unpaid status.
2) Use of sick leave will be under the same terms and conditions as are now in place. Vacation and CTO may be used to supplement sick leave with Department Head approval, as permitted and set forth in CMD 30 at the time this MOU was adopted.

B. Family Sick Leave
1) Not more than forty forty-eight (48) hours of sick leave within one calendar year shall be granted to any employee for the care or attendance upon members of his/her immediate family, and not more than forty (40) hours of sick leave shall be granted to any employee for each occurrence of death in his/her immediate family, unless the use of additional leave is approved by the City Manager or designee. “Immediate MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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family” is defined as spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, parent by marriage, step-parent, step-child, grandparent by marriage, son-in-law, daughter-inlaw, sibling by marriage, foster parent, domestic partner, anyone residing with employee, or anyone dependent on the employee for care.

C. Personal Leave
1) Each calendar year, an employee is entitled to use forty (40) hours of accrued sick leave as Personal Leave, provided he/she has sufficient sick leave balance available.
2) Personal leave is intended to provide the employee with paid time off to attend to legitimate personal business that may arise from time to time during the year. Reporting the reason for use of Personal Leave is not needed.
3) The employee has an obligation to provide as much notice as possible so as to allow for proper scheduling by the department.
4) Providing that the minimal requirements of proper notification have been met, the use of Personal Leave should not be denied.

The adoption of this program does not modify the existing ability of the employee to exchange up to 96 hours of accrued sick leave for up to 48 hours of vacation, based upon two (2) hours of sick leave for one (1) hour of vacation as provided and defined in the Personnel and Salary Resolution.

8. BEREAVEMENT LEAVE
A. The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of an employee’s immediate family, as defined in this Section. 1) Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of the death of a spouse or domestic partner, parent , child , or sibling of the employee, employee’s spouse or employee’s domestic partner (including, in each case, step, adoptive and in-law), spouse or domestic partner;
2) Employees are eligible for up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent , grandchild , aunt or uncle of the employee, employee’s spouse or employee’s domestic partner (including, in each case, step, adoptive and in-law); and
A.3) Employees are eligible for up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of a greatgrandparent, great-grandchild, great-aunt, great-uncle, niece, nephew, or first cousin of the employee, employee’s spouse or employee’s domestic partner (including, in each case, step, adoptive and in-law).

MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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B. The bereavement leave benefit is based on each death occurrence. All leave must be used within one (1) year following the death of an eligible person.

C. Up to five (5) work days of additional bereavement leave may be charged to an employee’s accrued sick leave balance as Family Death Leave with City Manager approval.

D. At the request of the City, the employee will provide verification of death of an eligible person.

Represented employees will be entitled to eight (8) hours of paid time off equivalent to the number of hours of their regularly assigned shift in observation of the holidays listed.
 New Year's Day (January 1),
 Martin Luther King Day (3rd Monday in January),
 President's Day (3rd Monday in February),
 Spring Holiday (observed on Good Friday),
 Memorial Day (last Monday in May),
 Independence Day (July 4),
 Labor Day (1st Monday in September),
 Admission Day (September 9),
 Columbus Day (2nd Monday in October),
 Veteran's Day (November 11),
 Thanksgiving Day (4th Thursday in November),
 Friday after Thanksgiving,
 Christmas Day (December 25).

Holidays which fall on a specific date and which fall on Saturday are observed the preceding Friday. Holidays which fall on a specific date and which fall on Sunday are observed the following Monday. 2) Additionally, effective December of the year this agreement is ratified by Union members and approved by City Council, the City shall provide thirty-two (32) hours for four additional paid holidays between December 25th and January 1st of the following calendar year; this section shall not be applied retroactively. If there are more than four working days between December 25th and January 1st of the following calendar year, the City shall designate which four working days shall be paid holidays under this paragraph. Employees whose jobs require them to work on these holidays will receive banked paid hours off instead (up to 8 hours per holiday) which hours may and must be used during the MOU year with the approval of the applicable supervisor/manager.

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B. Awarded Compensatory Time Off (CTO)
1) On each January 1st the City will credit each represented employee with sixteen (16) hours of awarded compensatory time off (CTO) (or the proportionate share if the employee is working a reduced work schedule).

This CTO shall be available for use by the employee under the same terms and conditions required by the department for use of regularly accrued CTO. Unused CTO may be traded for cash payout at any time after accrual.
2) Employees hired after January 1, 2004 shall be credited with a pro-rata share of the awarded CTO based upon the proportion of the calendar year remaining after their hire date.

C. Non-Management Leave
1) Effective December 26, 2021 (the first pay period of calendar year 2022), each full-time employee shall be entitled to a total of forty (40) hours of non-management leave per calendar year.
a. Effective December 27, 2020 (the first pay period of calendar year 2021), each full-time employee shall be entitled to a total of fifty (50) hours of non-management leave for calendar year 2021 only. 2) Non-management leave may be used in one-tenth (1/10) hour increments subject to supervisor approval. Non-management leave does not accrue or carry-over to subsequent years and is not subject to pay out. 3) Employees hired on or after July 1st shall be entitled to only twenty (20) hours of non-management leave in the first calendar year in which they were hired.
a. For calendar year 2021 only, employees hired on or after July 1, 2021, shall be entitled to only twenty-five (25) hours of nonmanagement leave. 4) Eligible employees are not eligible for more than forty (40) hours of nonmanagement leave per calendar year, subject to Section 9.C.1.a above.

10. VACATION ACCRUAL
Represented employees will be entitled to use vacation as it is earned under the following conditions:

A. Vacation may not be taken during the first six (6) months of regular employment.

B. As long as an employee has not reached his/her maximum allowable accrual rate, based on completed years of service, vacation will be earned on a biweekly basis (1/26 of the annual accrual) provided that the employee is in a paid status for at least 2/3 of the hours (53.4 hours) of that pay period.

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Employee is required to take at least 1/2 of the vacation earned in the previous calendar year during any calendar year.

C. Employees may continue to accrue and use vacation in excess of the stated maximum accrual amounts; however, any unused vacation accrual amount still on the books as of the beginning of the pay period that includes December 31st will automatically be transferred to the Emergency Paid Leave Pool.

D. Vacation may be used in one-tenth (1/10th) hour increments.

E. Annual and maximum vacation accrual rates, calculated to four decimal points for accuracy, are as follows:

COMPLETED

YEARS OF ANNUAL MAXIMUM

SERVICE ACCRUAL RATE ACCRUAL
1 through 4 80 hours 400 hours
5 through 9 120 hours 400 hours
10 through 15 years 160 hours 400 hours
16 through 20 176 hours 400 hours
21 years + 192 hours 400 hours
F. Vacation Pay-Out
On or before the last business day before December 25th each calendar year, an employee may make in writing on an “Irrevocable Vacation CashOut Election Form” to be provided by the City an irrevocable vacation cashout election for one cash-out of vacation the following calendar year. To be effective, the employee's written notice must be received by the Director of Human Resources or designee no later than the last business day before December 25th of the calendar year before the calendar year in which the employee wishes to cash-out vacation. The amount of vacation requested to be cashed out in the following calendar year may not exceed forty (40) hours which number of vacation hours, must have been earned in the following calendar year before it may be cashed out, and requires a sufficient balance of available accrued vacation. It is understood that an employee using vacation shall always use vacation earned in prior years first before using vacation earned in the current year. The dates available for the cash-out on the Election Form provided by the City shall be the first full pay period in either April, July, October or December.

This provision shall have no effect on an employee's right to cash out all his or her accrued vacation at the time of the employee's separation/retirement from City employment.

G. For purposes of Vacation selection, seniority will be defined as time in class within the department.

H. In lieu of receiving a vacation-leave cash payout at retirement, the Union may vote once per calendar year to roll accrued vacation leave hours into the MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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employee’s Voluntary Employee Beneficiary Association (VEBA) account, subject to Union compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.

11. NIGHT DIFFERENTIAL
Employees will be eligible for 5% night differential pay for all continuous hours worked between 6:00 p.m. and 8:00 a.m. so long as such hours include a minimum of 2 continuous applicable hours between 6:00 p.m. and 8:00 a.m.

Night differential shall be included in the overtime rate for overtime hours that qualify for night differential under the rule in the preceding sentence.

12. EMPLOYEE ASSISTANCE PROGRAM
The City agrees to provide a confidential employee assistance program. Each new represented employee is provided information about the program and details about the program are on file in the Human Resources Department.

13. AFFIRMATIVE RESPONSE TO EMERGENCY OVERTIME
It is the policy of the City of Santa Clara to avoid the necessity for overtime work whenever possible. The City recognizes, however, the obligation to provide services to the community and, on occasion, may require employees to extend work shifts or to be called back to work due to emergencies, personnel shortages, or required workloads. Employees contacted for overtime work have an obligation to affirmatively respond to this need unless incapacitated or due to extenuating circumstances beyond the control of the employee and reasonably acceptable to the City. Failure on the employee’s part to affirmatively respond to such requests and/or to acceptably document such extenuating circumstances or incapacitation will be in violation of the City's rules and regulations and may be subject to formal disciplinary action. For purposes of this section, incapacitation commonly means that an employee is unable to respond to perform his/her duties because of his/her own sickness or injury, or because he/she does not feel capable of performing the duties of the assignment safely because of the ingestion of alcohol or other legal drugs or prescriptions. For purposes of this section, extenuating circumstances commonly means that an employee is unable to respond or perform his/her duties because of extraordinary circumstances such as being required to provide care for another person who is unable to care for him/herself, inability to obtain transportation to the work site, or an undue hardship that places the employee in a situation that he/she deems unsafe. In cases of extenuating circumstances, the employee is expected to notify his/her supervisor of the basis for the decision not to respond and a realistic time at which he/she will be able to report to work. Repeated instances where an employee is either incapacitated or has extenuating circumstances may be cause for the supervisor to review the situation and take appropriate corrective action.

14. OUT-OF-CLASS ASSIGNMENTS AND TRAINING
A. Out-of-Class Pay and Elimination Periods
Represented employees assigned to work temporarily in a higher MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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classification than their own shall be paid at least 5% more than their prevailing salary or at the entrance step of the range of the higher classification, whichever compensation pattern is greater. 1) Such assignment will be paid for all actual time assigned to the higher classification, after a 4 hour elimination period on the first day of said assignment.
2) If the out-of-class assignment lasts more than 4 hours, out-of-class pay will begin with the first hour of the assignment.
3) For a continuing out-of-class assignment of less than 4 hour increments that lasts more than 4 hours, out-of-class pay will begin with the first hour of the assignment.

Any represented employee who is assigned to work out of class in an unclassified position will receive a 5% salary differential above his/her current salary or the salary established as 85% of Control Point for the unclassified position if such salary has been established, whichever compensation pattern is greater, provided that the requirements of (1), (2), and (3) above are satisfied.

To be eligible for out-of-class pay, the employee must perform all duties as assigned within the higher classification and must be assigned in writing.

B. Out-of-Classification Assignments
Out-of-classification assignment of employees is to be limited to employees who possess the knowledge, skills and abilities necessary to perform all of the duties of a temporarily available assignment in a higher or equal classification. Determination as to the eligibility qualifications will be the responsibility of the Department or Division head. Out-of-classification assignments will be filled from seniority rotational lists as follows:

Candidates for promotion to the position within the work unit will be assigned on a rotational seniority basis. If no candidate for promotion from within the work unit is eligible for assignment, candidates within the Department who are on the promotional list for the position will be assigned on a rotational seniority basis from within the Division first and from within the Department second if the candidate has a sufficient level of qualifications in that work unit to perform all of the duties of the higher classification.

C. Training
To the extent practical and consistent with the existing workload, Department and Division Heads are expected to provide employees with the training necessary for them to perform the duties of higher classifications within the work unit. They are also expected to make information available concerning training outside of the Department that employees may participate in through the existing City Tuition Reimbursement program or on a voluntary basis.

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In order to gain the experience necessary to meet the criteria for out-ofclassification assignments outlined above, employees are encouraged to seek out opportunities for cross training within the Department. One method by which this may be accomplished is by two employees in the same classification requesting that their assignments be exchanged for a defined period of time (typically three months). It will be the responsibility of the Department or Division head to approve such an exchange of duties based upon the impact on the involved work units. If there is no adverse impact on the involved work units, it is presumed that the assignment exchange will be approved.

16. REQUIRED TRAINING AND CERTIFICATION CLASSES
Unless it would conflict with business needs, the city will allow employees on duty time for classes and examinations to acquire and/or renew certifications required for their current positions. The city also will pay the cost of such classes and examinations.

B. The following procedure is in place for represented employees who MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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choose to have Union representation during the course of the Grievance process.
1) STEP 1
(a) The grievance must be presented within thirty (30) calendar days following the event(s) on which the grievance is based, or thirty (30) calendar days from when the employee received notice, to the extent possible. In no event can the grievance be filed one (1) year from the date of occurrence. Step 1 of the process is the informal discussion between the employee and his/her supervisor (up to and including the department head).

Should this informal process not result in resolution of the grievance, the employee shall reduce his/her grievance to writing and submit it to his/her department head for formal action as outlined in STEP 2.
2) STEP 2
(a) Within five (5) working days (or at a later, mutually agreeable date, if either the employee, his/her representative or the department head is not available within the five (5) day period) of the receipt of the formal grievance, the department head shall review the entire grievance file through a meeting with the employee and his/her Union representative (if the
employee chooses to be represented at this point). Within five (5) working days from the date of this meeting, the department head will respond in writing to the employee, setting forth his/her resolution to the problem. The employee must respond within five (5) working days to the department head in writing as to whether the grievance has been resolved or is still unresolved. If the matter has not been resolved as a result of this step, the department head shall immediately forward all written material, including the original grievance, to the Municipal Employee Relations Officer (MERO) for action as outlined in STEP 3.
3) STEP 3
(a) Within five (5) working days (or at a later, mutually agreeable, date if any party to the grievance is not available within the five (5) day period) of the receipt of the grievance material, the MERO and the department head shall review the entire
grievance file through a meeting with the employee, his/her Union representative (if the employee chooses to be
represented at this point) and any additional parties who the MERO feels can help to resolve the grievance. Within five (5) working days from the date of this meeting, the MERO will respond in writing to the employee, setting forth his/her resolution to the problem. The employee must respond within five (5) working days to the MERO in writing as to whether the MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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grievance has been resolved or is still unresolved. If the matter has not been resolved as a result of this step, the MERO shall forward all written material, including the original grievance, to the City Manager for action as outlined in STEP 4.
4) STEP 4
(a) Within fifteen (15) working days of the receipt of the grievance material the City Manager shall review the entire matter and render a final decision, in writing as to the resolution of the grievance. This review may include a meeting with the parties concerned (including the employee and his/her Union
representative) and, if such a meeting is required, it will be scheduled within the fifteen (15) day period at a date that is mutually agreeable to all parties to the matter and the City Manager will render a final decision within five (5) working days of that meeting. The City Manager's decision will be directed to the employee through his/her department head. If the employee disputes the City Manager's final decision in the matter, the advisory arbitration process outlined in STEP 5 will be available.
5) STEP 5
(a) If the Union continues to dispute the decision of the City Manager on behalf of the employee, the Union shall, within 15 working days of the City Manager's final decision, request that the matter be referred to an arbitrator, who shall render an advisory opinion on the merits ofa decision on the grievance to the Union and City Manager. The City Manager may accept, modify or reject the advisory opinion of the arbitrator and the City Manager's decision shall be final and without any further recourse of appeal. The decision of the arbitrator shall be final and binding.
(b) The parties agree that the time limits set forth herein are of the essence of this procedure and are to be strictly complied with.

Time limits may be extended only by written mutual agreement of the parties.
(c) The cost of the arbitrator shall be shared equally by the City and the Union and shall be selected by mutual agreement between the City and the Union or selected from a list of seven (7) qualified arbitrators provided by the State of California Conciliation Service. Any costs associated with the mutually agreed upon joint request for a list of persons qualified to act as arbitrators from the State of California Mediation and Conciliation Service shall be divided equally between the parties. The City will process the joint request after receiving the Union’s share of the cost for obtaining the list.

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(d) Within ten (10) working days following receipt of the above referenced list, the parties shall meet to select the arbitrator.

The right to strike the first name shall be determined by lot and the parties shall alternately strike one name from the list until only one (1) name remains, and that person shall be the arbitrator.
(e) The arbitrator shall have all pertinent written materials and witnesses used by either party in their review of the grievance available during his/her deliberations. Costs of
representatives, witnesses or materials shall be assumed by each party to the grievance. Court reporter fees are also shared equally among the parties.

18. GOLDEN FRIDAY PROGRAM
The Golden Friday program (eight 9-hour days and one 8-hour day per bi-weekly pay period) currently in place in the Street Department, the Water and Sewer Department and the Traffic Engineering Division will not be modified (expanded or reduced) during the term of this MOU unless by mutual agreement in writing by both the City and the Union. All other employees in Unit 6, including probationary employees, shall have the right to work a 9/80 alternative schedule, which 9/80 schedule may be modified temporarily or to a different 9/80 work schedule in the discretion of the Department Head or Department Head’s designee (examples include modifying the every-other-week day off, or temporarily modifying a Parks and Recreation Unit 6 employee’s 9/80 schedule to accommodate a special event need when a special event need (set-up, other) falls on the employee’s scheduled day(s) off.

19. ALTERNATE WORK SCHEDULE (NINE-EIGHTY PLAN)
An employee, subject to the conditions of the employee’s job assignment, may propose an alternate work schedule as described in City Manager’s Directive #71. Proposal must be made to the Department Head through the immediate supervisor. Consideration will be given as to the feasibility and impact on productivity of such proposal. Management retains the sole right to determine scheduling needs. A proposal for alternate work schedule, and the establishment or discontinuance of an alternate work schedule is not subject to any grievance procedure.

20. DEPARTMENTAL SAFETY COMMITTEE
City Manager's Directive #36 (CMD #36) provides for Departmental Safety and Training Programs with "representation from both office and field personnel where applicable." The City agrees to enforce the provisions of CMD #36 and provide for non-supervisory field staff representation on all Departmental Safety Committees.

21. CROSS REFERENCE OF EMPLOYMENT RELATED MATERIALS
The City shall cross-reference all pertinent sections of the Personnel & Salary MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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Resolution, Civil Service Rules & Regulations, City Manager's Directives, and other significant documents, which pertain to employment with the City of Santa Clara. This cross-reference will be attached as an Exhibit to this MOU.

22. USE OF CITY BULLETIN BOARDS
The Employer-Employee Relations Resolution controls the use of City bulletin boards by employee organizations as follows:

A. Prior to posting, all materials must receive the approval of the department or division head in charge of the departmental bulletin board. Should the department head not approve any item for posting, and if after discussing the matter with the employee organization representative a disagreement still remains, then the matter shall be referred to the Municipal Employee Relations Officer for determination.

B. All materials must be dated and must identify the organization that published them.

C. Unless special arrangements are made, materials posted must be removed 31 days after the publication date.

D. The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' materials.

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

23. OVERTIME
Overtime work is defined as hours worked outside an employee’s regularly assigned shift. Represented employees who work overtime are entitled to:

A. Time and one half (1-1/2) the employee’s hourly rate for worked overtime, excluding unpaid mealtime.

B. Double-time (2) the employee’s hourly rate for all hours worked in excess of 12 consecutive hours of actual work, excluding unpaid meal time.

C. Employees shall not work overtime unless approved by the appropriate supervisor or manager.

City Manager's Directive #39 (CMD #39) requires equitable distribution of overtime as follows:

EQUITABLE DISTRIBUTION OF OVERTIME. Overtime will be distributed as equitably as possible consistent with efficient operations, the skills required for the assignment, and the availability of the employee and the speed with which the emergency can be confronted and eliminated.

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CTO Over-Accrual:

The maximum accrual shall be the legal maximum of 240 hours. It is the City’s intention to enforce the CTO maximum accrual limit that applies to each employee. In lieu of receiving a CTO cash payout at retirement, the Union may vote to roll accrued CTO hours into the employee’s VEBA account, subject to Union compliance with Federal rules associated with contributions of accrued time into a deferred medical expense account.

24. EMERGENCY PAID LEAVE POOL

ADMINISTRATION
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board), consisting of two (2) members of the Union Executive Board and the City Director of Human Resources (or designee).

Determination of eligibility to use the vacation established in this Emergency Paid Leave pool will be by majority vote of this board. An adverse decision of this board may be appealed to the Union Executive Board and their determination shall be final.

METHOD OF DONATION
A. Contribution of vacation or CTO will be computed at the member's base hourly rate of pay (excluding premium or specialty pay).

B. Contribution may be made from earned vacation, CTO or cash only.

Conversion of Sick Leave to Vacation for purposes of donation to this pool will be immediately credited to the pool.

C. In a case where it has become known that an employee has been seriously injured or has a life-threatening illness and is in need of assistance from the Emergency Paid Leave Pool, contributions from accrued Sick Leave, bypassing vacation conversion, computed at the contributing employee’s base hourly rate of pay (excluding premium or specialty pay) may be made for the benefit of that specific employee who has the need.

D. Employee may authorize the City to automatically convert vacation that should be accrued to the employee to the pool when the employee's vacation accrual has reached the maximum allowed.

E. Funds contributed to the Emergency Paid Leave Pool will be placed in an interest bearing Trust Fund. The Trust Fund will be accumulated in total dollars. No record of number of hours contributed to the Pool will be maintained. An employee making a donation to the Pool will not have a vested right to the amount donated.

F. Employees may contribute earned vacation, CTO or cash to the Emergency Paid Leave Pools of other City bargaining groups.

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USE OF POOL
A. Employee must have a verified emergency need for time off to request Emergency Paid Leave from the pool. Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. An employee’s initial request to use leave from the Emergency Paid Leave Pool shall be made to the City’s Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee’s request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the individual making the request, the date of the request and whether or not the individual’s request qualified as a verified medical emergency need under this section. Nonmedical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency.

B. Employee must have exhausted appropriate paid leave (sick leave including eligible conversion to vacation, vacation or CTO) prior to becoming eligible to request vacation benefits from the pool.

C. The maximum time available from the pool (subject to the assets of the pool) will be 160 hours (two [2] pay periods) for Emergency Paid Leave benefits due to the illness or injury of the employee or the maximum allowable accrual of vacation for emergency needs of the family of the employee.

D. Emergency Paid Leave will be deducted from the pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay).

E. Emergency Paid Leave hours will not be available for use until the pay period following the approval by the Union.

F. Use of Emergency Paid Leave from the pool will be treated in the same manner as use of regular vacation. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation.

G. Emergency Paid Leave, which has been credited to the employee, and has not been used when the emergency has terminated, will be reinstated to the pool. Vacation, sick leave and other benefits, which have accrued to the employee, will remain in the employee's account.

25. LIMITED/ALTERNATIVE DUTY
A. Job Related Illness or Injury
Employees who have a job-related illness or injury which requires him/her to be off work under Workers' Compensation will be assigned to limited or alternative duty under the following condition:

Supervisors shall be advised of the medical condition of any MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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industrial injury as soon as practical. Upon receipt of a Doctor's report which provides work limitations, the City may identify a regular or modified assignment for which the employee has the required experience and training to be eligible for assignment to.

Such assignment may be based upon a 40 hour per week or less basis, if mutually agreed between the City and the employee.

Employees who have a job related illness or injury which requires him/her to be off work under Workers' Compensation or who do not qualify for limited or alternative duty will be reassigned to a Monday through Friday work schedule to keep required medical or other workers' compensation commitments.

B. Non Job-Related Illness, Injury or Condition
Employees who have a non-job related illness, injury or condition which requires him/her to be off work may request to be assigned to limited or alternative duty. Nothing in these provisions is intended to imply that an employee has a right to a limited/alternative duty assignment, unless expressly provided by law. Such request will be accommodated unless no appropriate limited or alternative duty assignment is available under the following conditions:
1) Identification by the City of a regular or modified assignment for which the employee has the essential experience and training to be eligible for assignment to. Such assignment may be based upon a 40 hour per week or less basis, if mutually agreed between the City and the employee. 2) Upon a written release from his/her doctor, subject to review by the City doctor, which allows the employee to perform all of the duties of the contemplated assignment.
3) Employees may account for his/her regular work schedule through a combination of limited or alternative duty hours and sick leave or other paid leave sufficient to maintain eligibility for regular accrual of benefits.

Under both of these limited or alternative duty assignments employees will be required to work their regularly scheduled number of hours (normally forty (40) hours) per week, unless such assignment is modified by mutual agreement between the City and the employee. It is recognized that performance of limited or alternative duty assignments will not be permitted to interfere with any medically related treatment designed to assist the employee to return to full, unrestricted duty in the earliest possible time frame.

All such assignments, and their duration, are temporary assignments and are subject to periodic sixty (60) day review of the employee's continued need for limited or alternative duty, the employee's continued ability to perform the limited or alternative duty and the department's ability to continue the employee in the assignment. All temporary assignments shall be at the employee's regular rate of pay.

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In the event the Americans With Disabilities Act requires modification of the provisions of this section, it is agreed that the law will prevail.

26. LAY-OFF POLICY
A. The need for a layoff shall be determined by the City Manager. One type of layoff is a reduction in force necessitated by financial shortfalls or deficits. In the case of a reduction in force, the City Council shall adopt a resource allocation plan. The resource allocation plan shall contain reasons for reduction and a listing of programs which are affected, and the specific City classifications and numbers within each classification that shall be reduced.

B. In the event of a layoff, the City agrees to meet-and-confer on the impacts of the layoff with AFSCME at least thirty (30) days prior to the effective day of the layoff. The parties discussion of a reduction in force shall include AFSCME recommendations as to how best to accomplish the reduction in force process with the least impact on represented employees, and to explore alternatives such as reductions in work hours, freezing of merit pay increases or similar programs which will result in reducing the City's labor costs.

If the City implements a reduction in work force, the City will administer the lay-off policy consistent with the following concepts:

C. Order of Layoff
The order of lay-off shall be as follows:
1) In the case of a reduction in force as defined above, temporary (asneeded) employees performing any of the duties of the classification identified for reduction;
2) Probationary employees in the classification identified for reduction; 3) Permanent employees in inverse order of seniority within the classification identified for reduction.

Seniority shall be determined by the length of current continuous permanent service with the City regardless of classification in which employed.

Continuous service shall be defined as that which has not been interrupted by separation of service from the City. Seniority shall be retained, but shall not accrue, during any period of authorized leave without pay (more than 5 days), except for military leave.

D. Notice: When the City intends to lay-off a represented employee, notice to the employee shall be in writing at least thirty (30) days prior to the effective date of the lay-off. AFSCME shall receive concurrent notification of lay-off.

The notice of lay-off shall contain the following:
1) Reason for lay-off
2) Effective date of lay-off
3) Opportunity to discuss with a representative of management 4) Conditions governing re-employment
5) Information regarding Unemployment insurance
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6) The date by which the employee must notify Human Resources of his/her election, in writing, of a reassignment or bumping election.

E. Reassignment and Bumping: Employees identified for layoff shall have reassignment rights (bumping) as follows:
1) To the same classification in a different department or division based upon seniority as defined in Section C above.
2) Accept a position in a lateral or lower class in which he/she has permanent status, or a position in a lateral or lower class within the series containing the class from which the employee is being laid off, provided he/she is otherwise qualified and is more senior than the least senior employee in such lateral or lower class.
3) Accept a position in higher class, provided he/she has held permanent status in such higher class, and further provided that the employee's transfer from the higher class was voluntary and occurred during his/her current period of employment and provided he/she is otherwise qualified and is more senior than the least senior employee in such higher class. 4) Accept a vacant position in a lateral or lower class for which he/she is otherwise qualified.

An employee must notify Human Resources of his/her election in writing including e-mail, within seven (7) calendar days of receipt of written notice the employee has been identified for layoff.

Any employee entitled to an option noted above, which involves assignment to a lower classification, may elect to be placed on lay-off in lieu of accepting such assignment to the lower class. In the event the employee elects to be placed on lay-off, such employee will only be recalled to the classification from which the employee elected to be placed on lay-off. The decision to not accept assignment to a lower classification may adversely affect the employee's ability to collect unemployment insurance.

F. Re-Employment/Re-Instatement Lists
The names of regular or probationary employees laid-off according to this policy, or who exercised re-assignment or bumping rights under Section E. above, will be placed on a re-employment list for the classification for which the employee was laid off, in the inverse order of the layoff. Individuals’ names will be retained on a re-employment list for the shorter of either three (3) years from the effective date of lay-off or the date on which a laid off employee rejects an offer of re-employment in the classification from which the former employee was laid off. Former employees while on the reemployment list that apply for positions at the City other than positions in the classification for which they were laid off shall have the same status and rights and application process advantages, if any, as current employees, assuming they meet the minimum qualifications for the applicable position.

Laid off persons who are re-employed under this provision shall be reinstated with/to the same seniority, pay step and pay step anniversary date and leave accrual rates as at the time they were laid off.

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27. STEP INCREASES
Step increases will be applied as follows, subject to Section 27.F below:

A. Employees who have an anniversary date that falls within the first week of the pay period and who have been approved for a step increase will be adjusted on the beginning day of the pay period during which the anniversary date falls.

B. Employees who have an anniversary date that falls within the second week of the pay period and who have been approved for a step increase will be adjusted on the beginning day of the pay period immediately following the anniversary date.

C. Employees who have passed their probationary period will receive a step increase on the pay scale for their job classification each year on their anniversary date until reaching salary Step ‘5’.

D. Employees will receive an increase to Step ‘6’ on their anniversary date on the pay scale for their job classification if they are at Step ‘5’ for at least one year and have at least ten years of continuous, regular City service.

E. Employees will receive an increase to Step ‘7’ on their anniversary date on the pay scale for their job classification if they are at Step ‘6’ for at least one year and have at least fifteen years of continuous, regular City service.

F. Effective January 1, 2021, salary steps will be frozen for one (1) year. This means that employees holding positions in classifications assigned to Unit 6 shall be ineligible for a salary step increase until the employee’s Step Increase Date after December 31, 2021.
1) For example, if an employee is at Step 3 as of January 1, 2021, and would have otherwise been eligible for a salary step increase to Step 4 on March 1, 2021, the employee would not be eligible for a salary step increase to Step 4 until March 1, 2022, the employee’s Step Increase Date after December 31, 2021.

28. VOLUNTARY TIME OFF (VTO)
Employee participation in this plan is contingent upon the City's understanding and agreement that employee participation cannot be interpreted as anything other than a temporary and limited good faith effort being made by the employee to do his/her part to help ease the current budget crisis. This is not to be construed as a representation of employee commitment to a permanent program or an admission of any kind that the employee would not be harmed by such a plan becoming mandatory.

Employees may request voluntary unpaid time off under the following conditions:

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A. Approval of a work schedule that does not adversely impact the operations of the department or other employees in the work unit with the approval of the Department Head and the City Manager.

B. No impact on either sick leave or vacation accrual if sufficient hours are worked in a pay period to entitle the employee to his/her regular accrual rate for either benefit.

C. No reduction of insurance premium payment or refund as long as sufficient hours are worked to allow for full payment of the premium for an employee working a full time work schedule. If the number of hours worked is less than the number required for full payment of premiums or refunds, the premium or refund payments will be reduced in proportion to the hours required to gain full credit.

D. Voluntary time off may be taken without the employee first using all of his/her accrued Compensatory Time Off (CTO).

E. Employee may cancel his/her participation in the program with a notice time agreed upon at the time of the granting of the request that will be sufficient to allow the department head to accommodate the request.

F. Cancellation of the employee's participation in the program will be at the discretion of the Department Head with the approval of the City Manager.

29. DISABILITY INSURANCE
A. State Disability Insurance
The City will continue to contract with the State of California Employee Development Department to provide Disability Insurance (SDI) for represented employees. All cost of SDI insurance is to be paid for as a payroll deduction by the individual employee.

B. Long Term Disability
All represented employees will continue to be enrolled in mandatory long term disability insurance which will provide no less coverage for the employee than the program in place on January 1, 1995 which are a 60 day waiting period and will pay 60% of the employee's monthly salary up to a maximum amount set by the contract between the Union and the insurance carrier.

The maximum monthly benefit will be no less than an amount set by the contract between the Union and the insurance carrier, including those offsets required by law such as, but not limited to, SDI, retirement, reduced work schedule, worker's compensation, social security, and Railroad retirement.

The maximum monthly premium will be deducted from each employee's total compensation on a post-tax basis.

The City, as provided for under Section 414(h)2 of the Internal Revenue Service Code, continues the practice of reporting the employee contribution MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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to CalPERS as tax deferred.

30. INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON WORKERS’ COMPENSATION
Workers authorized by the City's Workers' Compensation Administrator to undergo therapy or treatment due to an industrial injury, who are required to leave work, shall receive leave with pay, including reasonable travel time, providing the treatment falls within the normal working hours, is pre-scheduled and cannot be scheduled during non-work hours.

The City will continue payment toward health, dental, vision and life insurance coverage for the employee and dependents as set forth in Section 3 for an employee who is disabled from work because of a work related injury if the employee is no longer in a paid status sufficient to continue the coverage afforded under the terms of the program, subject to the following conditions:

A. The employee may not increase the existing coverage after the date of injury except to add children born within nine months of the injury.

B. Continuation toward payment of dependent health/dental/life insurance coverage is limited to one (1) year from the date of injury. Continuation toward payment of employee health/dental/life insurance coverage is limited to one (1) year from the date of injury, unless the employee continues to be on temporary disability status for a Workers Compensation injury.

C. The employee has supplemented his/her workers' compensation benefit with sick leave, vacation, CTO or other paid leave sufficient to qualify for payment of the health/dental/life insurance premium and is no longer entitled to any salary from the City.

31. FLEXTIME
The City agrees to continue the current reference in the MOU to a Flexible Work Schedule provided in Section 18 of the MOU. Control over the operation of the flexible work schedule will continue to be as specified in CMD #46.

32. AUTOMOTIVE TECHNICIAN TOOLS REIMBURSEMENT
Within the Streets and Automotive Services Department, the following classifications are required to provide tools of the trade as a condition and requirement of employment:

Automotive Technician I
Automotive Technician II
Automotive Technician III
The Department determines minimum tool requirements based upon individual job descriptions and the current fleet composition. Criteria used in determining whether a specific tool should be supplied by the organization or be required of the employee includes cost, frequency of use, and securement of the item, and MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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generally follows the accepted standards of the industry. A list of the tools currently used is attached and referenced in Exhibit A.

All tools may be inspected by the Department to assure that they are of sufficient quality and condition, which will provide safe, damage-free usage. Tools that are deemed of poor condition, quality, inappropriate, or an unnecessary risk to the City may be rejected from the respective employee inventory and the City may require the employee to remove said item from the workplace.

Affected employees shall be entitled to reimbursement of up to $500 per fiscal year. Employees are obligated to maintain and submit receipts for reimbursement. Employees are required to submit all receipts for which employees seeking reimbursement for a particular fiscal year no later than June 10th of the applicable fiscal year.

33. RELEASE TIME FOR UNION OFFICERS AND STEWARDS
A. Time Off For Union Representation
1) MEET AND CONFER/CONSULT: Up to five (5) designated members of the Union shall be allowed time off without loss of compensation for purposes of meeting and conferring or meeting and consulting with City representatives on matters within the scope of representation. In addition, for purposes of MOU negotiations, the up to five (5) members of the Union shall also be afforded a total of two (2) hours’ time off without loss of compensation before and/or after each MOU negotiations meeting. 2) The Union President or designee shall be authorized release time to appear before the Civil Service Commission and the City Council at meetings when such bodies are considering matters affecting the bargaining unit and to attend meetings called by the City Administration regarding matters affecting the bargaining unit.
2)3) Members of the Union’s Executive Board (E-Board) shall be provided up to one (1) hour of paid release time per month for the purpose of E-Board meetings. The Union shall provide the City the names of City employees on the E-Board eligible for paid release time under this provision. The Union shall provide the City advance notice of scheduled monthly E-Board meetings in order for the City to notify Departments of the release time.

B. Stewards
1) Employees selected by the Union to act as Union representatives shall be known as "stewards". The Union may select one (1) steward for every division with classifications represented by the Union. The names of employees so selected and the areas to which they are assigned shall be certified in writing to the City by the Union. In the absence of the steward, an alternate may be appointed by the Union President. Stewards, during regular working hours, shall be permitted to investigate and present grievances to the City without loss of pay, provided that the steward is MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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first excused by his/her supervisor. Permission to perform steward functions shall not be unreasonable denied by the City. 2) If it becomes necessary during the course of his/her investigation for a steward to contact an employee in another department or division, the steward shall notify the supervisor of that department or division of the purpose of his/her investigation. When the investigation is complete, the steward shall promptly report back to his/her supervisor.

34. DISCIPLINARY RIGHTS
In the event of a suspension, dismissal, involuntary demotion or reduction in pay, the City will provide the employee with a "Notice of Proposed Disciplinary Action" and a "Skelly" hearing prior to the imposition of the discipline. The employee has the right to representation by his/her representative if requested.

Following the "Skelly" hearing, the City shall provide the employee with a "Notice of Final Disciplinary Action" which sustains, modifies or cancels the original action based upon the facts presented. The employee may appeal the final decision of the Appointing Authority (City Manager) to the Civil Service Commission by filing a written request with the Secretary of the Commission and the Appointing Authority within ten (10) calendar days from the date of the written notice of action taken. If an appeal is filed, the Appointing Authority will give consideration to a delay in the implementation of the disciplinary action pending a hearing and decision by the Civil Service Commission unless the Appointing Authority believes there exists compelling reason to take immediate action.

REPRESENTATION
Whenever an employee is required to meet with a supervisor and the employee reasonably anticipates that such meeting will involve questioning leading to a disciplinary action, he/she shall be entitled to have a steward present if he/she requests. (See e.g. National Labor Relations Board v. J. Weingarten, Inc. 420 U.S. 251, 955.Ct.959)

35. REST PERIOD FOLLOWING EMERGENCY WORK
Any employee working eight (8) or more hours at the overtime rate during the fifteen (15) hour period immediately preceding the beginning of his/her regular work shift shall be entitled to a rest period of twelve (12) consecutive hours on the completion of such overtime work with the following provisions:

A. No employee shall be required to work in excess of sixteen (16) hours without rest unless an emergency is investigated and continued work is deemed necessary to prevent extreme property damage or to preserve human life.

B. If the rest period overlaps the employee’s regular work shift in whole or in part, the employee will be paid at the straight-time rate for the time within the first eight (8) hours of the rest period which falls within the employee’s regular work shift.

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C. If the rest period overlaps a portion of the first half of the employee’s work shift, the employee may be excused from work until the beginning of the second half of said shift. If the rest period overlaps a portion of the second half of the employee’s work shift, the employee may be excused from work until the following work shift. The employee will only be paid for that portion of the rest period which falls within the first eight (8) hours of the rest period and which overlaps the employee’s normal working shift. The employee will not be paid for the time between expiration of the rest period and his/her reporting for work. The employee also will not be paid for the ninth through twelfth hour of the rest period.

D. Hours worked prior to a rest period shall not be included in determining another rest period.

E. If the employee is called back to work during the employee’s rest period, a new rest period will commence at the conclusion of such work.

F. Any employee who works a minimum of three (3) hours of emergency overtime between the hours of 11:00 p.m. and 6:00 a.m. will receive an eight (8) hour rest period commencing at the time of release from duty.

G. Notwithstanding the foregoing, if the employee is required to work during regular work hours on a work shift without having had a rest period of eight (8) hours, for which he/she has qualified as set forth above, he/she shall be paid at the overtime rate for all work performed until he/she has been released from duty for at least eight (8) hours.

36. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
The City established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a defined contribution post-retirement medical benefit for employees. The City previously stopped making contributions to employee VEBA accounts effective December 21, 2003 through December 26, 2009 and employee VEBA accounts remained open for other potential contributions. Effective December 27, 2009, the City began contributing $50 per month per represented employee. Per the City’s contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts. These contributions shall be included on the Bay Area ERS total compensation surveys. Specific information regarding the Plan will be referenced in the Plan Document.

A VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for unreimbursed health insurance premiums, qualified long-term care insurance premiums, and other qualified unreimbursed medical expenses and will not be taxed under current state and federal law. Withdrawals cannot be made for nonmedical purposes.

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37. RETIREE MEDICAL REIMBURSEMENT
The Retiree Medical Reimbursement Benefit shall provide each employee who retires from the City with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium beginning with the second full month after retirement from City service and ending with the last full month before the retiree’s sixty-fifth (65th) birthday.

Starting with the month in which the retiree turns age sixty-five (65), the reimbursement will be for unreimbursed Medicare single retiree supplemental health insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in 2018, the City will reimburse an amount up to $343 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $205 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental health insurance premium. The amount of the City reimbursement will be adjusted thereafter once each year by the percentage change from October to October in the San Francisco-Oakland-San Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%.

Beginning in 2004, the City will pre-fund this benefit with an amount to be determined by an actuary.

Each retiree will be required to submit proof of health insurance coverage to the City each year. The City will pay the reimbursement in a lump sum payment once per year.

38. FLEXIBLE SPENDING PLAN INTERNAL REVENUE CODE SECTION 125 The City will make available a Flexible Spending Plan under the Internal Revenue Code Section 125 for employees. Employees may contribute pre-tax (federal, state, FICA, Medicare) dollars for dependent care and qualified unreimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Code. Detailed information will be available in the Summary Plan Document.

The City will pay the administrative expenses for the plan. This Plan is voluntary and participating employees will pay the monthly participation cost. The monthly participation cost will be considered pre-tax, as defined above, under Internal Revenue Code Section 106. Participating employees will be provided with an Employee Plan Summary and regular statements regarding the status of their flexible spending accounts.

39. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents and domestic partners, subject to the requirements of each benefit provider.

40. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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month or year but are paid for administrative purposes in incremental amounts each pay period, shall be the same total amount per year in years in which there are 27 instead of 26 pay periods. This clarification is not intended to and would not modify anyone’s salary/pay rate.

41. NEXT MEMORANDUM OF UNDERSTANDING
AFSCME and the City agree to commence negotiations on a successor MOU no later than three months prior to the expiration date of this MOU.

42. INTEGRATED MEMORANDUM OF UNDERSTANDING
During the negotiations leading to this MOU, both the City and AFSCME had the full opportunity to make any proposals they deemed appropriate for a successor MOU, and all of the agreements reached by the parties during MOU negotiations are set forth in this MOU. Accordingly, neither party shall be required to meet and confer regarding any provision of this MOU during the term of this MOU (unless such provision is contrary to law), and any changes to any provision not contrary to law within this MOU will only be effective by mutual agreement.

43. MANAGEMENT RIGHTS
Subject to State law and the provisions of City of Santa Clara EmployerEmployee Relations Resolution, and the terms of this MOU, the rights of the City through its Council and Management include, but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; establish and enforce dress and grooming standards; direct its employees; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; 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; to assign work to and schedule employees in accordance with requirements as determined by the City including but not limited to: establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish and modify probationary periods and reasonable employee performance standards including, but not limited to, quality, and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

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The City Council on its own behalf and on behalf of the City hereby retains and reserves unto itself all rights, power, authority, duty, responsibility and obligations conferred on and vested in it by the laws and Constitutions of the State of California and the United States of America. The exercise of such rights, power, authority, duty, responsibility and obligations by the City Council and the adoption of such rules, regulations, policies as are necessary and as they apply to employees represented by the Union shall be in accord with this Memorandum of Understanding to the extent that they do not violate any of the reserved duties, responsibilities and obligations conferred on and vested in it by the laws, Charter of the City, Constitutions of the State of California, and the United States of America.

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FOR THE CITY OF SANTA CLARA: FOR AFSCME LOCAL 101/UNIT NO. 6 `
Aracely Azevedo,
Director of Human Resources
Carol McEwan, AFSCME Local 101
Lead Negotiator
Date:

Date:

Marco Mercado,
Assistant Director of Human Resource

Armando (Gary) Ferraris,
President
Date:

Date:

Ashley Lancaster,
Human Resources Division
Manager

Cliff Myers, ,
Vice President
Date: Date:

Paige To,
Management Analyst
James Dudley
Date: Date:

APPROVED:

Deanna J. SantanaRajeev Batra, City Manager
Date
APPROVED BY THE CITY COUNCIL ON:

ATTEST:

City Clerk Date
MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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EXHIBIT A

TOOL LIST
Pliers - various
Side Cutters
Needle Nose Pliers
Hose Clamp Pliers
Wire Strippers
Wire Crimpers
Wire Grips
Tweezers
Hammers - Dead Blow, Brass, Ball
Pean
Punch Set
Chipping Hammer
Pry Bar
Philips Screwdrivers
Standard Screwdrivers
Torx Driver t15 - t27
Standard Wrenches ¼” - 1 ¼”
Metric Wrenches 6mm - 27mm
Std. Allen Wrenches 1/16” - 3/8”
Metric Allen Wrenches 1.5mm - 10mm
Crows Foot Wrenches 3/16” – 1”
Crescent Wrenches
Tube Wrenches - Metric & Standard
¼” Drive Ratchet
¼” Drive Std. & Swivel Sockets
3/16” - ½” Std. deep
¼” Drive Metric Sockets 5mm - 14mm
¼” Ratchet Extensions - various
¼” U Joints
¼” Drive Torx - male/female
3/8” Drive Ratchet
3/8" Drive Std. & Swivel Sockets
3/8" - 7/8” Std. deep
3/8" Drive Metric Sockets 9mm - 19mm
deep standard
3/8" Ratchet Extensions - various
3/8" Drive Torx - male/female
3/8” U Joints
½” Drive Air Impact
½” Drive Std. & Swivel Sockets
7/16” – 1” Std. deep
½” Drive Metric Impact Sockets
10mm - 27mm
½” Ratchet Extensions - various
½” Drive Torx - male/female
½” U Joints
Power Tools
Air Drive Cut Off Tools
Air Drive Drill
Long Drill Bits
Air Ratchet 1/4", 3/811, 1/211 drive
Air Rotary Wire Brush
Anti Freeze Tester
Battery Post Cleaner
Post &'Side Post
Blow Guns
Brushes - Wire Hand Held
Brushes - Stainless Steel
Brushes - Brass
Brushes - Steel
DVOM
Files - various
Mill, Knife, Taper, Flat,
Bastard
Flashlight
Gasket Scrapers
Hack Saw
Magnets
Mechanical Fingers
Mirror Hand Held Swivel Head
Roll Bar
Scissors
Soldering Iron
Steel Scale
Squares - Large & Small
Tape Measure 6’ – 25’
Test Light
Test Leads
Tire Depth Gauge
Upholstery Tools
Utility Knife
Vacuum Gauge
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MECHANIC'S HELPER TOOL LIST
Pliers 3 sizes
Side Cutters
Needle Nose Pliers 2 sizes
Wire Strippers
Wire Crimpers
Tweezers
Hammers 2 sizes
Punch Set
Gasket Scrapers
Philips Screwdrivers 3 sizes
Standard Screwdrivers 3 sizes
Torx Driver t15 - t27
Tire Depth Gauge
Test Light
DVOM
Flashlight
Tape Measure
Standard Wrenches ¼” -1 ¼”
Metric Wrenches 6mm - 27mm
Standard Allen Wrenches 1/16” - 3/8”
Metric Allen Wrenches 1.5mm - 10mm
¼” Drive Ratchet
¼” Drive Standard Sockets 3/16” - ½”
¼” Drive Metric Sockets 5mm - 14mm
3/8” Drive Ratchet 3/8” Drive Standard
Sockets 3/8” - 7/8”
3/8” Drive Metric Sockets 9mm - 19mm
½” Drive Air Impact
½” Drive Standard Impact Sockets 7/16”
– 1”
½” Drive Metric Impact Sockets 10mm -
27 m
Recognized industrial/professional
standard quality i.e., Snap On, Mac,
Craftsman, etc.

MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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EXHIBIT B

CROSS REFERENCE TO PERTINENT EMPLOYMENT RELATED MATERIALS The following list is intended to provide the employee with a basic reference to materials related to his/her employment. Materials which are not generally distributed to each employee are available for review through his/her department or the Human Resources Department. Failure to include material in this reference list does not relieve the employee of responsibility for knowledge of the City rules, regulations or operational procedure.

A. MEMORANDUM OF UNDERSTANDING. Contains the most current modifications to the conditions of employment between the Bargaining Unit and the City. Supersedes existing conditions contained in related materials.

B. PERSONNEL & SALARY RESOLUTION. (Resolution 4652 or successor resolutions).

Contains the existing rules & regulations pertaining to conditions of employment, benefits and other elements of employment. This is a compilation of the all MOUs between the various Bargaining Units and the City. Individual elements will have been superseded by the current MOU.

C. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION. (Resolution 2979). This governs the method by which the Bargaining Units are determined and sets the guidelines on employee representation and bargaining under the law.

D. CIVIL SERVICE RULES & REGULATIONS. The Civil Service system of employment is regulated by these rules & regulations. The document defines the methods by which prospective employees may qualify for Civil Service employment and current employees qualify for promotional opportunities. This document also defines the method by which an employee may appeal a disciplinary action or grievance.

E. EMPLOYEE MANUAL & NEW EMPLOYEE ORIENTATION MATERIALS. This manual is a compilation of the various materials that a new employee is expected to be aware of and contains materials from A, C, and D above, as well as information pertaining to the various benefits an employee is entitled to by virtue of his/her employment with the City of Santa Clara. Materials having to do with the various insurance programs or changes to the benefits are distributed to current employees as they are changed. Also included in each new employee orientation packet is the Code of Ethics, the CMD on Gifts & Favors, the Performance Evaluation, and the City Manager’s Policy on Discrimination.

F. FRINGE BENEFIT SUMMARY. This document summarizes all of the benefits available to regular employees as a result of their employment and is distributed periodically to all employees.

G. AFFIRMATIVE ACTION PLAN AND CITY MANAGER’S POLICY ON DISCRIMINATION. These documents set forth the City’s policy for non-discrimination in employment and the methods by which the City takes steps to ensure equal employment opportunities for all.

H. CITY CHARTER. This document provides the legal basis upon which the City operates.

I. CITY ADMINISTRATIVE CODE. This document defines the methods by which the City MEMORANDUM OF UNDERSTANDING – Unit # 6 (December 2020January 2021 – December 20212024)

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operates generally under the City Charter.

J. CLASSIFICATION PLAN & SALARY SCHEDULES. This document allocates each classification in the City to a range on the individual Salary Schedule. The Salary Schedule defines the pay rate at each step on a salary range.

K. CITY MANAGER DIRECTIVES. These directives provide the operational procedures that have been adopted by the City Manager to ensure an orderly conduct of City business. All of the 121 current CMDs apply to all of the City’s employees. However, the following listed CMDs have particular application to the employees of this Bargaining Unit.

NO. TITLE
2A Procedures for Reporting Injuries & Property Damage
7 Leave of Absence without Pay Procedures
8 Safety Seat Belts
12 Citizens Complaint or Service Request
15 Meal Policy for Emergency and Overtime Work
18 City Operating and Maintenance Procedures
22 Media Responses/News Releases
25 Jury Duty
26 In-Service Training
30 Standards of Sick Leave Usage
31 Transaction of Personal Business During Working Hours 33 Employment of Relatives
34 Employee Suggestion Program
36 Smoking in the Work Place
37 City Safety Program
39 Overtime Work for Classified Employees
45 Vehicle and Equipment Accident Review Committee
46 Flexible Work Schedules
47 On the Job Personnel Grievances
51 Employment other than City Duty
59 Return to Duty Work Following Industrial Injury/Illness 67 Gifts and Favors to Individuals
70 Gifts to the City
72 Automatic Payroll Deposit Plan
73 Normal Work Schedules
75 Employee Cleanup Policy
75A Safety Glasses
Personal Use of City Phones
82 Political Activities
Unit Composition
85 Reporting of Industrial Injuries/Illnesses
86 Workplace Security
90 City Procedure in Case of Death of City Employee
93 Formal Disciplinary Action – City Employee
94 Temporarily Working in a Higher Classification
97 Voluntary Separation/Retirement Interviews – Classified and Unclassified (a) Civil Court Subpoenas – Service on City Employees
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102 Employee Identification Card Program
110 Employee Liability
111 Consumption of Alcoholic Beverages
112 Emergency Medical/First Aid Treatment
113 Dress and Grooming Code
114 Inclement Weather Policy for Field Personnel
115 Employee Medical Information
116 Use of City Resources
(2) Public Contact
120 Drivers’ License Requirements
122 Hazardous Materials Use, Handling, Storage, Disposal, Response 131 Equal Employment Opportunity
L. PERSONNEL POLICY AND PROCEDURE RE: ALCOHOL AND CONTROLLED

SUBSTANCE USE FOR DRIVERS PERFORMING SAFETY SENSITIVE (HIGHWAY) FUNCTIONS. This document provides the City’s policy in compliance with the Federal Department of Transportation regulations.

M. EMPLOYEE PERFORMANCE APPRAISAL STANDARDS AND GUIDELINES.

MEMORANDUM OF

UNDERSTANDING
between

CITY OF SANTA CLARA
and

AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 101
UNIT 6
JANUARY 1, 2022 – DECEMBER 31, 2024

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SANTA CLARA AND
LOCAL 101, A.F.S.C.M.E. REPRESENTING
CITY OF SANTA CLARA FIELD OPERATIONS AND MAINTENANCE UNIT NO. 6 JANUARY 1, 2022 – DECEMBER 31, 2024
- i -
Table of Contents

1. WAGE ADJUSTMENT ............................................................................................... 1

2. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ............ 4

3. HEALTH INSURANCE ............................................................................................... 5

4. DENTAL INSURANCE ............................................................................................... 9

5. VISION INSURANCE ............................................................................................... 10

6. DUES DEDUCTIONS .............................................................................................. 10

7. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ....................................... 11

8. BEREAVEMENT LEAVE ......................................................................................... 12

9. HOLIDAYS, AWARDED CTO, AND NON-MANAGEMENT LEAVE ........................ 13

10. VACATION ACCRUAL ............................................................................................ 14

11. NIGHT DIFFERENTIAL ........................................................................................... 15

12. EMPLOYEE ASSISTANCE PROGRAM .................................................................. 16

13. AFFIRMATIVE RESPONSE TO EMERGENCY OVERTIME .................................. 16

14. OUT-OF-CLASS ASSIGNMENTS AND TRAINING ................................................ 16

15. PERSONAL SAFETY EQUIPMENT AND RAINGEAR REIMBURSEMENT ........... 18

16. REQUIRED TRAINING AND CERTIFICATION CLASSES ..................................... 18

17. GRIEVANCE PROCESS ......................................................................................... 18

18. GOLDEN FRIDAY PROGRAM ................................................................................ 20

19. ALTERNATE WORK SCHEDULE (NINE-EIGHTY PLAN) ...................................... 21

20. DEPARTMENTAL SAFETY COMMITTEE .............................................................. 21

21. CROSS REFERENCE OF EMPLOYMENT RELATED MATERIALS ...................... 21

22. USE OF CITY BULLETIN BOARDS ........................................................................ 21

23. OVERTIME .............................................................................................................. 22

24. EMERGENCY PAID LEAVE POOL ......................................................................... 22

25. LIMITED/ALTERNATIVE DUTY............................................................................... 24

26. LAY-OFF POLICY .................................................................................................... 25

27. STEP INCREASES .................................................................................................. 27

28. VOLUNTARY TIME OFF (VTO)............................................................................... 28

29. DISABILITY INSURANCE........................................................................................ 29

30. INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON WORKERS’ COMPENSATION................................................................................ 29

31. FLEXTIME ............................................................................................................... 30

32. AUTOMOTIVE TECHNICIAN TOOLS REIMBURSEMENT ..................................... 30

33. RELEASE TIME FOR UNION OFFICERS AND STEWARDS ................................. 31

34. DISCIPLINARY RIGHTS ......................................................................................... 31

35. REST PERIOD FOLLOWING EMERGENCY WORK .............................................. 32

36. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) ....................... 33

37. RETIREE MEDICAL REIMBURSEMENT ................................................................ 33

38. FLEXIBLE SPENDING PLAN INTERNAL REVENUE CODE SECTION 125 .......... 34

39. DOMESTIC PARTNERS.......................................................................................... 34

40. PAY PERIODS ......................................................................................................... 34

41. NEXT MEMORANDUM OF UNDERSTANDING ..................................................... 34

42. INTEGRATED MEMORANDUM OF UNDERSTANDING ........................................ 34

43. MANAGEMENT RIGHTS ......................................................................................... 35 EXHIBIT A TOOL LIST ................................................................................................... 37

ALPHABETICAL TABLE OF CONTENTS
AFFIRMATIVE RESPONSE TO EMERGENCY OVERTIME ......................................... 16 ALTERNATE WORK SCHEDULE (NINE-EIGHTY PLAN) ............................................. 21 AUTOMOTIVE TECHNICIAN TOOLS REIMBURSEMENT ............................................ 30 BEREAVEMENT LEAVE ............................................................................................... 12 CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ................... 4 CROSS REFERENCE OF EMPLOYMENT RELATED MATERIALS ............................. 21 DENTAL INSURANCE ...................................................................................................... 9 DEPARTMENTAL SAFETY COMMITTEE ..................................................................... 21 DISABILITY INSURANCE ............................................................................................... 29 DISCIPLINARY RIGHTS ................................................................................................. 32 DOMESTIC PARTNERS ................................................................................................. 34 DUES DEDUCTIONS ..................................................................................................... 10 EMERGENCY PAID LEAVE POOL ................................................................................ 23 EMPLOYEE ASSISTANCE PROGRAM ......................................................................... 16 EXHIBIT A TOOL LIST ................................................................................................... 38

EXHIBIT B CROSS REFERENCE TO PERTINENT EMPLOYMENT RELATED MATERIALS ............................................................................................................. 40 FLEXIBLE SPENDING PLAN INTERNAL REVENUE CODE SECTION 125 ................. 34 FLEXTIME ....................................................................................................................... 30 GOLDEN FRIDAY PROGRAM ....................................................................................... 21 GRIEVANCE PROCESS ................................................................................................ 18 HEALTH INSURANCE ...................................................................................................... 5 HOLIDAYS, AWARDED CTO, AND NON-MANAGEMENT LEAVE .............................. 13

INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON WORKERS’ COMPENSATION................................................................................ 29 INTEGRATED MEMORANDUM OF UNDERSTANDING ............................................... 35 LAY-OFF POLICY ........................................................................................................... 25 LIMITED/ALTERNATIVE DUTY ...................................................................................... 24 MANAGEMENT RIGHTS ................................................................................................ 35 NEXT MEMORANDUM OF UNDERSTANDING ............................................................ 34 NIGHT DIFFERENTIAL .................................................................................................. 16 OUT-OF-CLASS ASSIGNMENTS AND TRAINING ....................................................... 16 OVERTIME ..................................................................................................................... 22 PAY PERIODS ................................................................................................................ 34 PERSONAL SAFETY EQUIPMENT AND RAINGEAR REIMBURSEMENT .................. 18 RELEASE TIME FOR UNION OFFICERS AND STEWARDS ........................................ 31 REQUIRED TRAINING AND CERTIFICATION CLASSES ............................................ 18 REST PERIOD FOLLOWING EMERGENCY WORK ..................................................... 32 RETIREE MEDICAL REIMBURSEMENT ....................................................................... 33 SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE .............................................. 11 STEP INCREASES ......................................................................................................... 27 USE OF CITY BULLETIN BOARDS ............................................................................... 21 VACATION ACCRUAL .................................................................................................... 14 VISION INSURANCE ...................................................................................................... 10 VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) .............................. 33 VOLUNTARY TIME OFF (VTO) ...................................................................................... 28 WAGE ADJUSTMENT ......................................... ERROR! BOOKMARK NOT DEFINED.

MEMORANDUM OF UNDERSTANDING – Unit # 6 (January 2021 – December 2024)

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City Council and Authorities ConcurrentMay 24, 2022

City Council and Authorities Concurrent
May 24, 2022