City Council and Authorities Concurrent
June 7, 2022

2. The term of this Agreement is:

The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
/ Santa Clara Stadium Authority
/ Santa Clara Stadium Authority
/ Executive Director

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT-AMENDMENT
STD 213A (Rev. 4/2020)
□ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES

AGREEMENT NUMBER
14r340002
SCO ID: 2720-14r340002AS
AMENDMENT NUMBER Purchasing Authority Number
5 1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTOR NAME
City of Santa Clara, Santa Clara Police Department

START DATE
07/01/2014

THROUGH END DATE
06/30/2024

3. The maximum amount of this Agreement after this Amendment is:
$11,300,000.00 (Eleven Million Three Hundred Thousand Dollars and Zero Cents)

4. This Amendment extends contract end term to 06/30/2024 and Two Million Eight Hundred Seventy-five Thousand One Hundred Eighty-Nine Dollars and Zero Cents ($2,875,189.00) to the Agreement. The maximum amount of this Agreement shall not exceed Eleven Million Three Hundred Thousand Dollars and Zero Cents ($11,300,000.00).

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Clara, Santa Clara Police Department

CONTRACTOR BUSINESS ADDRESS
601 El Camino Real

PRINTED NAME OF PERSON SIGNING
Rajeev Batra

CONTRACTOR AUTHORIZED SIGNATURE

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTING AGENCY ADDRESS
601 N. 7th Street

PRINTED NAME OF PERSON SIGNING
J.D.SACCANI

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

CITY STATE ZIP
Santa Clara CA 95050
TITLE
City Manager

DATE SIGNED

CITY STATE ZIP
Sacramento CA 95811
TITLE
Assistant Chief, Administrative Services Division

DATE SIGNED
EXEMPTION (If Applicable)

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-79 Agenda Date: 6/7/2022

REPORT TO COUNCIL

SUBJECT
Adoption of a Resolution Calling and Giving Notice of a General Municipal Election to be held on Tuesday, November 8, 2022 for the Election of Two Councilmembers one for each Council District 2 and 3, and one Mayor; Requesting that the Board of Supervisors of the County of Santa Clara Consolidate the General Municipal Election with the Gubernatorial General Election; and Adopt Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements
Council Pillar
Enhance Community Engagement and Transparency

DISCUSSION
The terms of the following elected officials will be expiring November 2022: Council District 2 - Councilmember Karen Hardy, Council District 3 - Councilmember Raj Chahal, and Mayor Lisa Gillmor.

Attached for Council consideration is a Resolution: 1) Calling and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2022 for the election of two Councilmembers one for each Council District 2 and 3, and one Mayor; 2) Requesting that the Board of Supervisors of the County of Santa Clara consolidate the General Municipal Election with the Gubernatorial General Election; and 3) Adopt regulations for Candidate Statements of Qualifications submitted to the voters and levying a share of the cost of the candidates’ statements.

FISCAL IMPACT
The estimated cost received by the Santa Clara County Registrar of Voters for holding the General Municipal Election is approximately $317,449 which is included in the City Clerk’s Fiscal Year 2022- 23 budget.

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

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]>.

City of Santa Clara Page 1 of 2 Printed on 6/3/2022
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22-79 Agenda Date: 6/7/2022

RECOMMENDATION
Adopt a Resolution Calling and Giving Notice of a of a General Municipal Election to be held on Tuesday, November 8, 2022 for the Election of Two Councilmembers one for each Council District 2 and 3, and One Mayor; Requesting that the Board of Supervisors of the County of Santa Clara Consolidate the General Municipal Election with the Gubernatorial General Election; and Adopt Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Hosam Haggag, City Clerk

ATTACHMENTS

1. Resolution
City of Santa Clara Page 2 of 2 Printed on 6/3/2022
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Resolution Calling and Giving Notice of a General Municipal Election to be held on November 8, 2022 Page 1 of 6 Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022,

FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS
ONE FOR EACH COUNCIL DISTRICT 2 AND 3, AND ONE
MAYOR; REQUESTING THE CONSOLIDATION OF THE

GENERAL MUNCIPAL ELECTION WITH THE GUBERNATORIAL

GENERAL ELECTION TO BE HELD IN SANTA CLARA COUNTY
ON NOVEMBER 8, 2022; AND ADOPT REGULATIONS FOR

CANDIDATE STATEMENTS OF QUALIFICATIONS SUBMITTED

TO THE VOTERS FOR AN ELECTION AND LEVYING A SHARE
OF THE COST OF THE CANDIDATES’ STATEMENTS ON THE

CANDIDATES
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on July 24, 2018, Judge Thomas E. Kuhnle of Santa Clara County Superior Court issued an “Amendment Statement of Decision: Remedies of Trial; Judgment” in a lawsuit filed against the City under the California Voting Rights Act (CVRA); WHEREAS, in its Amended Statement of Decision dated July 24, 2018 in Yumori-Kaku et al. v.

City of Santa Clara, Santa Clara County Superior Court Case No. 17CV319862, the Superior Court of the State of California for the County of Santa Clara ordered the City to adopt districtbased elections, and ordered the Santa Clara County Registrar of Voters to immediately begin implementing district-based elections for the 2018 and 2020 elections; WHEREAS, as result of the above-referenced litigation, the City Council entered into a Settlement Agreement, dated April 20, 2021, and agreed to continue district-based elections and submit a ballot measure to the voters at a special municipal election to amend the City Charter to establish six council districts; said ballot measure has been placed on the ballot for the June 2022 election;
WHEREAS, the City and the Registrar of Voters are obligated to conduct the elections consistent with the Court Orders and Settlement Agreement and, therefore, the City hereby calls a general municipal election for Districts Two and Three; WHEREAS, the terms of the following elected officials will be expiring November 2022: Council Resolution Calling and Giving Notice of a General Municipal Election to be held on November 8, 2022 Page 2 of 6 Rev: 11/22/17
District 2 – Councilmember Karen Hardy, Council District 3 – Councilmember Raj Chahal, Mayor Lisa Gillmor.

WHEREAS, the City Council intends to consolidate the City of Santa Clara General Municipal Election with the Gubernatorial General Election to be held on the same date, and that the County Elections Department of the County of Santa Clara canvass the returns of the General Municipal Election, and that the election be held in all respects as if it were only one election.

WHEREAS, California Elections Code Section 13307 contains certain requirements regarding a candidate’s ballot statement of qualifications, including that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election; and
WHEREAS, California Elections Code Section 13307 further provides that a local agency may require candidates to bear all or part of the costs attributable to the candidate’s statement.

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

1. Pursuant to the requirements of the laws of the State of California relating to elections and the Amended Statement of Decision, there is an to be called and ordered to be held in the City of Santa Clara, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing the following officers of the City of Santa Clara: Two Councilmembers one for each Council District 2 and 3, and one Mayor for a four-year term each commencing December 2022 and expiring November 2026.

2. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Gubernatorial General Election on Tuesday, November 8, 2022, for the purpose of electing three City officers as stated above meeting the requirements set forth in the California Constitution and applicable state law.

3. The Board of Supervisors is requested to issue instructions to the Santa Clara County Resolution Calling and Giving Notice of a General Municipal Election to be held on November 8, 2022 Page 3 of 6 Rev: 11/22/17
Registrar of Voters to take any and all steps necessary to hold the consolidated election which shall be held in all respects as if there were only one election.

4. The Santa Clara County Registrar of Voters is authorized to canvass the returns of the General Municipal Election.

5. That the Board of Supervisors is requested to direct the County Registrar of Voters to provide all necessary election services in order to properly and lawfully conduct said election including precinct workers and the procurement and furnishing of all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

6. The City of Santa Clara recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for those costs.

7. That the City Clerk is authorized, instructed and directed to coordinate with the Santa Clara County Registrar of Voters Office as necessary in order to properly and lawfully conduct the election.

8. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 10242, except as provided in Section 14401, of the Elections Code of the State of California.

9. Notice of the time and place of holding the election is given and the City Clerk and Santa Clara County Registrar of Voters are authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

10. In all particulars not recited in this resolution, the elections shall be held and conducted as provided by law for holding municipal elections.

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

1. That pursuant to Sections 10002 and 10520 of the Elections Code of the State of Resolution Calling and Giving Notice of a General Municipal Election to be held on November 8, 2022 Page 4 of 6 Rev: 11/22/17
California, each district involved in a district general election in an affected county shall reimburse the county for the actual costs incurred by the county elections official in conducting the district general election for that district.

2. Each candidate for elective office to be voted for in the General Municipal Election held in the City of Santa Clara on November 8, 2022 may prepare a candidate’s ballot statement of qualifications on the form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words regarding the candidate’s education and qualifications. The statement shall not include any reference to party affiliation of the candidate, including membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the same time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, until 5:00 p.m. of the next working day after the close of the nomination period.

3. Foreign Language Policy. Pursuant to the Federal Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq., as amended from time to time), the County of Santa Clara Registrar of Voters is required to translate and print the candidate’s statement into five languages: Chinese, English, Spanish, Tagalog and Vietnamese.

4. Payment. That each candidate shall be required to pay for the cost of printing the candidate’s statement in English in the voter’s pamphlet and translating and printing the candidate’s statement into any of the languages referred to in Paragraph 2. If a candidate agrees to adhere to the City of Santa Clara Voluntary Campaign Expenditure Limit, as stated in Section 2.130.160 of the City Code of the City of Santa Clara, the candidate will be responsible for one-half of the estimated cost of the voter’s pamphlet, calculated on a pro-rata shared basis per candidate. It is estimated that each candidate is responsible for the following toward the cost of the voter’s pamphlet, which shall be paid at the time of filing of nomination papers to the City of Santa Clara:
• $1,435 for Council District 2
Resolution Calling and Giving Notice of a General Municipal Election to be held on November 8, 2022 Page 5 of 6 Rev: 11/22/17
• $1,425 for Council District 3
• $1,770 for Citywide (Mayor).

If the ultimate cost to the City of the voter’s pamphlet exceeds the estimated amounts, the City will pay the additional costs. If the actual cost is less than the estimation, there will be no refund to the candidate. Based on the foregoing, the City Council of the City of Santa Clara hereby determines to levy the pro-rata charges as follows:
• $2,870 for Council District 2, to be reduced to $1,435 • $2,850 for Council District 3, to be reduced to $1,425 • $3,540 for Citywide (Mayor), to be reduced to $1,770
if the expenditure limit is accepted for each candidate’s statement of 200 words or less.

5. No candidate will be permitted to include additional materials in the sample ballot package (voter’s pamphlet).

6. That Pursuant to Section 10522 of the Elections Code of the State of California, a current map showing the boundaries of the district and the boundaries of the divisions of the district is herewith submitted.

7. Pursuant to Section 15651 of the California Elections Code and Santa Clara City Code section 2.125.080, in the event of a tie vote between candidates who received an equal number of votes and the highest number of votes for an elective position enumerated in Section 600 of the City Charter, the tie vote shall be resolved by the following procedure:
(a) The first tie-break procedure will be counting precinct success. The candidate who prevails in the largest number of precincts shall be deemed the winning candidate. (b) If the precinct determination does not resolve the tie vote, the City Council, by majority vote of a quorum present, shall select an alternate “by lot” procedure and then proceed with that procedure to determine the winning candidate. (c) The “by lot” procedure will be resorted to only after certified results of the election have been received from the registrar of voters.

Resolution Calling and Giving Notice of a General Municipal Election to be held on November 8, 2022 Page 6 of 6 Rev: 11/22/17

8. The City Clerk shall provide a copy of this Resolution to each candidate or the candidate’s representative at the time nominating petitions are issued.

9. This resolution shall take precedence over all previous and/or conflicting resolutions establishing Council policy on payment for candidate’s statements.

10. That the following is listed below:

Member Names Term Seats Elected
by District/
At Large
Councilmember Kathy Watanabe Full Term ending November 2024 District 1 Councilmember Raj Chahal Full Term ending November 2022 District 2 Councilmember Karen Hardy Full Term ending November 2022 District 3 Councilmember Kevin Park Full Term ending November 2024 District 4 Councilmember Sudhanshu “Suds” Jain Full Term ending November 2024 District 5 Councilmember Anthony J. Becker Full Term ending November 2024 District 6 Mayor Lisa Gillmor Full Term ending November 2022 At Large

11. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters Office of the County of Santa Clara.

12. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

13. 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 7TH DAY OF JUNE, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

HOSAM HAGGAG

CITY CLERK

CITY OF SANTA CLARA
Resolution Calling and Giving Notice of a General Municipal Election to be held on November 8, 2022 Page 7 of 6 Rev: 11/22/17
Attachments incorporated by reference:

Current District Map
6 SAN TOMAS EX

GREAT AMERICA PY

SCOTT BL

KIELY BL

KIFER RD

HOPE DR

CENTRAL EX

HOMESTEAD RD

LAWRENCE EX

FORBES AV

WOODHAMS RD

WHITE DR

DE LA CRUZ BL

PRUNERIDGE AV

JEFFERSON ST

MONROE ST

NEWHALL ST

RUTH CT

LAFAYETTE ST

MARKET ST

LINCOLN ST

BOWERS AV

ROSE WY

SYKES CT
Santa Clara High
Pruneridge
Golf Course

ARROYO DR

BARCELLS AV

MADERA DR
Agnews
Historic Park
Central Park
Elem
Bracher Elem
Westwood
Elem
Happy Days Child Dev,
Morningstar Ed Group,
Sierra Elem & High
Montague
Elem
Millikin
Basics+
Everett Alvarez
Jr Park

LAS PALMAS DR

AZEVEDO CT

PRITCHARD CT

TOLEDO AV
Wilson High
Scott Lane
Elem
Laurelwood
Elem
Eisenhower
Elem
Kathryn Hughes
Elem
Don Callejon
K-8
Granada
Islamic
Montague Park
Fuller St
Park
Westwood
Oaks Park
Great America
Theme Park
Golden State Baptist Colg
Guadalupe Riv
Saratoga Crk
Calabazas Crk
101
82 1
2 5
4 3

WALSH AV

MONTAGUE EX

LICK MILL BL

TASMAN DR
Santa Clara Golf
& Tennis Club

CABRILLO AV

BENTON ST

OLD MOUNTAIN VIEW ALVISO RD CALABAZAS BL

SARATOGA AV

MISSION COLLEGE BL

STEVENS CREEK BL

POMEROY AV

EL CAMINO REAL

AGNEW RD

COLEMAN AV

HAYWARD DR

NOBILI AV

STEINHART CT

BELLOMY ST
Ulistac
Natural
Area
Central
Park
Monticello
Academy,
Lochnivar &
Stratford
Mission City
Memorial
Park
Cabrillo Middle

MONTY CL
Buscher
Middle

PARK AV
Briarwood
Elem
Santa Clara Youth
Soccer Park
John Sutter
Elem
Haman
Elem
Pomeroy
Elem
Bowers
Elem
Monticello
Academy
Earl R
Carmichael Park
Bowers
Park
New Valley
High
Maywood Park
Townsend
Field
Mary Gomez
Park & Pool
Jenny Strand
Park Parkway
Park
Inst for Bus
& Tech Inc
Larry J
Marsalli Park
Fairway Glen
Park
Warburton
Park & Pool
Live Oak
Academy
Bracher
Park
Washington
Park
Elmer
Johnson
Ball Field
Machado Park
Santa Clara
Fremont Senior Ctr
Park
Agnew
Park
Cabrillo
Montessori
St Lawrence
Preschool
San Tomas
& Monroe
Nbhd Pk &
Comty Garden
Reed
Dog Park
St Clare
Elem City Plaza
Park
W Schmidt
Youth Ctr
Neighborhood
Christian Ctr
North Valley
Baptist
Bright
Beginnings
Kindercare
Pacific Autism
Ctr for Education
Former BAREC Site
War Memorial
Playground
Kidz
Academy
Rotary
Park
Scuttlebugs Child
Development Ctr
A Special Place
Action Day Nursery
Geof Goodfellow
Sesquicentennial Park

NETWORK CL
SR 237 FY

PATRICK HENRY DR
US 101 HY

MISSION COLLEGE BL

LAFAYETTE ST

FREEDOM CL

WALSH AV

VISTA CLUB CL

BURTON DR

LAWRENCE EX

MARTIN AV

MONTAGUE EX

LAURELWOOD RD

MEMOREX DR

NANTUCKET CL

COMSTOCK ST

JULIETTE LN

RICHARD AV

LICK MILL BL

OLD GLORY LN

TASMAN DR

BASSETT ST

EL CAMINO REAL
I 280 HY

LAKESIDE DR

SAN TOMAS EX

GREAT AMERICA PY

BOWERS AV

SCOTT BL

CARLYLE CT

DUANE AV

GREAT AMERICA WY

CORONADO DR

CENTRAL EX

MENZEL PL

MORAINE DR

STENDER WY

MEAD AV

CABRILLO AV

ROBERT AV

SHAFER DR

WYATT DR

LAIRD CL

AGNEW RD

ALFRED ST

HOPE DR

PAINTED ROCK DR

DEMOCRACY WY

DE LA CRUZ BL

FAIRWAY GLEN DR

BROOKSIDE AV

HAROLD AV

MAURICIAAV

TANNERY WY

MAIN ST

GARRETT DR

CALLE DEL MUNDO

AUGUSTINE DR

MATHEW ST

CECIL AV

THOMAS RD

BILLINGS CL

SERENA WY

DOYLE CL
JAY ST

AGATE DR

AMETHYST DR

BENTON ST

NORTHWESTERN PY

ORTHELLO WY

HALFORD AV

TRACY DR

RODONOVAN DR

MICHAEL WY

HUMBOLT AV

SUNSET DR

MU RI AV

VENTURA PL

SPACE PARK DR

SAN ANTONIO PL

SARATOGAAV

GRANADAAV

FORBES AV

OCTAV UI S DR

RAYMOND ST

GEORGE ST

ELLIOT ST

N WINCHESTER BL

PETERSON WY

CRON NI DR

GARDEN COURT DR

ARCAD AI AV

HOMESTEAD RD

SONOMA PL

BLOSSOM DR

SHERATON DR

LOS PADRES BL

WILCOX AV

BORAX DR

EWERT RD

SUNL TI E DR

GOLDEN STATE DR

RAMKE PL

FLORA VISTAAV

ROBIN DR

ARMANINI AV

ENRIGHT AV

PRUNERIDGE AV

JOHNSON PL

KELLOGG WY

NELSON DR

LAUREL DR

RAGGIO AV

CATHERINE ST

GRANT ST

BUTCHER DR

OLCOTT ST

BELLWOOD DR

ROSITAAV

STANLEY AV

AVENIDA DE LAGO

STEVENS CREEK BL

GLORIETTA CL

POMEROY AV

PARK CT

N CYPRESS AV

TYLER AV

OLD IRONSIDES DR

CATALA CT

GENEVA DR

LARSEN PL

C VI IC CENTER DR

WOODLAND AV

ACCOLTI WY

SNEAD DR

DOUGLANE AV

EARL DR

BEL AYRE DR

LASS DR

GREENWOOD DR

TEAL DR

KAREN DR

LAWSON LN

TOBIN CL

ALDO AV

ARMSTRONG PL

THE ALAMEDA

LINCOLN ST

BLAKE AV

CORNELL DR

SUTTER AV

LOYOLA DR

FRENCH ST

CRYSTAL DR

AVINA CL

NOTRE DAME DR

PONDEROSA WY

BOHANNON DR

RYAN AV

LOMA ALTA DR

CALLE DE LUNA

CONDENSA ST

GALLUP DR

LOWELL DR

KINGSBURY CL

CIRCLE DR

TOWNSEND AV

HUDSON DR

OAKWOOD DR

CATALINAAV

KELLER ST

COLEMAN AV

CAMERON WY

LENOX PL

MONTGOMERY DR

NELO ST

URANIUM DR

CLAY ST

CYPRESS AV

CARMEL WY

NOBILI AV

JACKSON ST

BANCROFT ST

BRAY AV

SAN MARCOS WY

BUTTE ST

ALEXANDER AV

REED ST

MELODY LN

KEYSTONE AV

VANDERBILT WY

WATSON CL

HEATHERDALE AV

CIMARRON DR

ESPERANCAAV

MICHELE JEAN WY

WHEELING DR

MOLINARO ST

KIELY BL

STANFORD PL

MONROE ST

STEBBINS AV

GIANNI ST

DIXON DR

ORKNEY AV

GOLF LINKS CL

AVENIDA DE CARMEN

HUBBARD AV

HILMAR ST

NORWOOD CL

VIA SIENA PL

OAKMEAD VILLAGE DR

GARZONI PL

COOPER DR

PARKER ST

CRANDALL CL

PILOT KNOB DR

SHORE PL

AVENIDA DE LOS ARBOLES

FLANNERY ST

WOODWARD AV

SHULMAN AV

MANHATTAN PL

SCANLAN PL

PEBBLE BEACH DR

RIVERMARK PY

MONTCLA RI DR

STARS AND STRIPES DR

OSWALD PL

LONDONDERRY DR

HIGGINS AV

BELLA VISTAAV

WOODSTOCK WY

EDEN DR

HOWARD DR

BELLOMY ST

CONSUELO AV

RAV ZI ZAAV

CLYDE AV

LEITH AV

STARDUST CT

PACIFIC DR

AUGUSTA PL

REBECCA LYNN WY

MARYANN DR

ELMHURST AV

SHASTA DR

PALM VIEW PL

AUSTIN PL

BLUEBIRD AV

LILLICK DR

MARK AV

BURBANK DR

ANNA DR

GEORGETOWN PL

GIANNINI DR

EASTWOOD CL

HART AV

FREMONT ST

INVERNESS AV

PALM DR

VIADER CT

MAGDALENA CL

CAMINO DR

HOBART TR

BONITAAV

LAFAYETTE WY

CROWLEY AV

JONES AV

COLLEGE AV

WATERB RI D WY

OAKMEAD VILLAGE CT

BROWN AV

CALIFORNIA ST

BLOCK DR

HICKORY PL

N WINCHESTER BL

AVENIDA DE LAS FLORES

GLENDENNING AV

NEWHALL ST

KEITH LN

CREIGHTON PL

EDGEFIELD DR

WASHINGTON ST

CAPITOLA WY

BROOKDALE DR

HARVARD AV

VIREO AV

OWEN ST

GIANERA ST

MALABAR AV

TRANSILL CL

LA HERRAN DR

SILVA PL

VICTORIAAV

W TRIMBLE RD

LAKE SANTA CLARA DR

CALABAZAS BL

BARKLEY AV

ANDREA PL

MCKINLEY DR

DONNER PL

DI GIULIO AV

BRACKETT WY

B NI G DR

VALLEY WY

ALLEN WY

OSBORNE AV

PARK VIEW DR

BROKAW RD

LAURIE AV

KENNETH ST

MILLAR AV

TAPER AV

SAN YSIDRO WY

MACHADO AV

COLGATE AV

CHEENEY ST

SEM CI ONDUCTOR DR

WARBLER AV

ALVISO ST SHADY GLEN AV

BOWE AV

ASBURY PL

FOWLER AV

QU NI CE AV

MIRAMAR WY

V AI DONDERA

MOONLITE PL

FULLER ST

MAGELLAN AV

WISTARIA WY

FARGHER DR

CLARK AV

FOLEY AV

MORTON AV

JILL AV

SAINT MARYS PL

STAATS WY

TOWN AND COUNTRY LN

WOOD DUCK AV

MARIETTA DR

REGNART WY

COLUMBUS PL

DAYTON AV

MACKENZIE DR

LAYTON ST
AZA DR

CROCKER WY

FAIRFIELD AV

CARLYSLE AV

BAYLOR DR

ATHERTON DR

LINDEN DR

SAN MIGUEL AV

PATRICIA DR

VICTOR ST

SHERMAN ST

HUNTER PL

CLARA VISTAAV

ALCALDE ST

WILLIAM DR ELLENA DR

STEWART LN

BERRY WY

HAZELWOOD AV

MEADOWBROOK DR

DUNDEE DR

TALIAAV

RYDER ST

KIFER RD

MARY V NI LN

DONOVAN AV

H LI LSDALE AV

VIA ROMA PL

MILL CREEK LN

DAWSON DR

KARMEN CT

FERNANDEZ CT

MISSION GLEN DR

ABERDEEN ST

SYCAMORE WY

YALE LN

HARDING AV

EL CAPITAN AV

BELICK ST

MALONE PL

WARBURTON AV

KENSINGTON AV

BR AI RWOOD DR

RIVER SIDE CT

RAILROAD AV

SNIVELY AV

HAIG ST

EDWARD AV

WOODHAMS RD

DUNFORD WY

TAFT AV

EAST RIVER PY

XAVIER CT

PEACOCK CT

HARRISON ST

NEW MAPLE ST

ROCKHURST CT

WHITE OAK LN

SOUTH PARK LN

PAYNE PL

ESTELLA DR

MARKET ST

MORENO LN

CREEKSIDE PL

CARRIAGE DR

LEONARD CT

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POLK AV

TRITON CT

LEHIGH DR

PARKER CT

MORSE ST

DINNY ST

ARGUS WY

ALBERTA CT

MARSTON LN

SANTA BARBARAAV

LAWRENCE CT

MURIEL CT

SECOND ST

LAKESHORE DR

JERALD AV

WREN AV

HEADEN WY

SOUTH DR

REMO CT

ROUSSEAU PL

FILLMORE ST

BARTO ST

MACINTOSH ST

LANDEROS DR

THRUSH WY

CHERRY ORCHARD PL

ANGELINA DR

JONATHAN ST

FOREST PARK DR

GARRITY WY

DEVOS CT

KLAMATH AV

CORTEZ DR

BAIRD AV

KALLIAM DR

CHESTNUT ST
ASH ST

PERREIRA DR

HIGHLAND AV

FAIRLANE AV

CROSBY CT

RITA CT

SHANNON CT

POMEROY CT

HOWELL AV

MESQUITE DR

ROSEMONT DR

CHAPMAN CT

DOLORES AV

MAGNOLIA LN

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CHROMITE DR

KELLEY WY

MONASTERY WY

BUCHER AV

HELEN AV

DOMINICAN DR

BRUCE CT

ENOCHS ST

VARSI PL

PARK AV

NEW HAMPTON WY

ASPEN DR

CREEK BED CT

TEMPLE CT

RANDOLPH AV

ROOSEVELT CL

SULLIVAN DR
DON AV

FALLON AV

PACHECO ST

HOGAN DR

JUANITA DR

DUKE CT

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EUROPE CT

PLAZA ESCUELA

MORRISON AV

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EMMETT PL

CLAREMONT AV

AMELIA WY

VISO CT

WEHNER DR

RANCHO MCCORMICK BL

KNOWLES AV

LOS OLIVOS DR
Santa Clara PAL
BMX Track

SHAMROCK AV

LEXINGTON ST

CHAPEL DR

DIBBLE CT

ROXBURY ST

B RI CH WY

PIERCE ST

CALLE DE PRIMAVERA

COLE PL
Adrian Wilcox High

COLLINWOOD CT

TOYON DR

CASA CT

QUINN AV

KENYON DR

GLADE DR

VALENC AI PL

TYNE WY

CALDWELL PL

HILLSDALE CT

GRAHAM LN

ROWENA CT

MARIA ST

PASETTA DR

PINEWOOD PL

TANOAK DR

WADE AV

VISCONTI PL

BRANNAN PL

GILLMOR ST

CONCORD LN

LAURIE JO LN

SAINT CLAIRE CT

GAZDAR CT

FRASER PL

LAWRENCE RD

BLACKFIELD CT

KOLB PL

LAINE AV

PURDUE CT

DUVALL CT

MILES DR

DEL MONTE AV

IDAHO ST

ROCKRIDGE WY

GRINNELL CT

BAILEY PL

BETH CT

EDEN CT

THIRD ST

CLAIR CT

LANSFORD PL

MACEDO PL

KENTWORTH WY

BLUE LAGOON DR

BONGIOVANNI PL

PALMDALE CT

BUCKLEY ST

KERRYSHIRE LN

RIVER BED CT

DI GIULIO CT

FINLEY PL

TAFT CT

LOVELAND CT

FORDHAM DR

MARIA CT

LAWRENCE PL

PANELLI PL

PARKLAND CT

PEEBLES PL

ALTA MIRA DR

APPERSON PL

MIRAVERDE CT

HOLMES PL

LARSEN CT

CALABAZAS CT

WALNUT GROVE AV

QUINN CT

BREECH AV

MORALES PL

HEMLOCK CT

HAINES PL

GRANADA CT

FRANCIS AV

RODONOVAN CT

RAMSHALL PL

ELMHURST CT

JULIANA CT

EASTIN PL

VILLA PL

RUSTIC DR

SALLY CT
Live Oak
Park
Lick Mill Park
Henry Schmidt
Park

NORMAN AV

TULIPTREE LN
Homeridge
Park
Civic Center Park
Montague
Swim Ctr

SERRAAV

NICHOLSON AV

GAMBLIN DR

CASHDAN CT

SALBERG AV

LA SALLE AV

SHERWIN AV

LONG ST

MISSION ST

JULIE CT

MANGRUM DR

GILBERT AV

MADISON ST

WITHROW PL

RANEY CT

LEWIS ST

OUR LADYS WY

BENNETT AV

WILSON CT

BURKE DR

SUSAN DR

SAINT LAWRENCE DR
DAY CT

RUSSELL AV

BLACKFIELD DR

CRESTV EI W DR

BROWNWOOD WY

ARLENE DR

SAHARA WY

MONTEREY CT

EISENHOWER DR

DAVIS ST

REEVE ST

HICHBORN DR

BOND PL

BRADY CT

SANTA CLARA ST

ISABELLA ST

WESTR DI GE DR

AL CI E DR

BERNA ST

ELLIOT CT

BUCHANAN DR

BUNKER HILL LN

DEBORAH DR

CORVIN DR

CURTIS AV

ICEFIELD CT

MCKILLOP CT

HAYES AV
KAY DR

ATLANTIC CT

MARCHESE CT

RAYANNA AV

CLIFFORD ST

TAMARACK LN

BETTY CT

DIANNE DR

SAN RAFAEL AV

DENISE DR

MADELINE LN

JEFFERY CT

AGATE CT

ARBUCKLE CT

ADDISON PL

LOCHINVAR AV

GORDON AV

MARCHESE WY

COPPER RD

PEPPERWOOD LN

PORTOLA AV

VICTOR CT

FARMER PL

STEVENSON ST

ALPINE AV

DORCICH ST

FONTANA DR

ROLL ST

REGINA CT

MAPLEWOOD LN

PLAZA CORONA

BURDICK LN

ACAC AI CT

LANDSLIDE CT

LOYOLA CT

CUNNINGHAM ST

EL SOBRANTE ST

FATJO PL

HOOD CT

CASTRO PL

KING CT

ENCINA WY

EL ZI ABETH DR

CALVERT CT

GALA CT

TULANE CT

VARGAS PL

MORSE LN

TULANE DR

LESTER CT

AVILA AV

EMIG CT

ROBINSON AV

SANTA MARIAAV

SANTA CRUZ AV

FRESNO ST

ENOS CT

BRET HARTE CT

FORBES CT

LOCUST ST

DRAKE CT

ROYAL DR

MARK TWAIN CT

BR AI N LN

KIT CARSON CT

POINCIANA DR

CLARKWOOD CT

FAN PALM CT

HASTINGS CT

ADRIATIC WY

CABOT AV

FRANCK AV

JEFFERSON ST

OXFORD DR

GONZAGA PL

SLOAT CT

CASTELLO WY

ERIE CT

THOMPSON PL

NELSON CT

COLFAX CT

HOLLY BRANCH CT

COZUMEL CL

LIBERTY ST

BEECH ST

ROSALIE DR

KITSAP CT

FRANKLIN ST

BUCHANAN CT

DEMARET DR

STAFFORD ST

BETSY ROSS DR

CAROLYN DR

ARMOUR DR

ARGUELLO PL

DE SOTO AV KERRY DR

HIGHLAND CT

BARBARA DR

DOWNING CT

CAPISTRANO DR

AUGUSTA CT

CAMBRIDGE DR

JOAN WY

SAN JUAN AV

LUTHER DR

EBERHARD ST

MALARIN AV

HANCOCK DR

HAMILTON LN

NUTTMAN ST

LAGUNA CT

KOHNER CT

WILLETT PL

HAIGHT PL

MORELAND WY

LEONARD STOCKING DR

BILL WALSH DR

KAISER DR

VIA TORINO PL

HEARTH PL

BAYTO PL

BROTHERS LN

RIVERMARK PZ

PRATT PL

BROKAW RD
San Jose International
Mission Colg
Santa Clara Univ
Saratoga Crk
Calabazas Crk
Levi's
Stadium
880
City of Santa Clara
Council Districts
Plan 4a
Lapkoff & Gobalet Demographic Research, Inc. 2/11/22
www.Demographers.com
Union Pacific RR
Union Pacific RR

SCOTT BL

SAN TOMAS EX

CENTRAL EX

LAWRENCE EX LAWRENCE EX

DE LA CRUZ BL

HOMESTEAD RD

SCOTT BL

KIELY BL

BENTON ST

BENTON ST

SAN TOMAS EX
LEGEND
Park
School
Street Centerline
Major Road
Railroad
Highway/Freeway
Plan 4a
River/Stream
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-159 Agenda Date: 6/7/2022

REPORT TO COUNCIL

SUBJECT
Action to Delegate Authority to the City Manager to Negotiate a Multi-Year Emergency Load Reduction Program

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On May 6, 2022, the State’s energy regulators and managers announced a potential energy shortfall of 1,700 MWs this summer or the equivalent of nearly 12 Donald Von Raesfeld (DVR) power plants.

The State has also identified shortfalls in the summer months through at least 2025. The shortfall could grow to 4,000 to 5,000 MWs in an extreme weather and fire risk scenario. In the same week, the California Energy Commission (CEC) reached out to ask Silicon Valley Power’s (SVP) assistance in facilitating enrollment of Santa Clara Customers in a potential State-designed emergency load reduction program.

Last summer, on June 22, 2021, the City Council acted to Delegate Authority to the City Manager to Adopt a Pilot Emergency Load Reduction Program and Negotiate Compensation for Program Participants. This action allowed SVP to negotiate with various State and local stakeholders to establish an Emergency Load Reduction Program (ELRP) with our customers. Under the ELRP, Customers would have been paid for their participation by the California Independent System Operator (CAISO). Current discussions are for a similar program with a similar outcome but a different payment mechanism, thus a new agreement, and is not yet named.

Given climate uncertainty, the potential extreme heat events combined with the low levels of water in hydroelectric reservoirs, supply chain issues, and delayed generation construction, California could be at risk for another potential energy shortfall this summer, like the 2020 heat waves. There were rotating outages in August and September 2020 during extreme west-wide heat storms, but rotating outages were avoided in a cooler summer of 2021. On August 16, 2020, the Governor signed a Proclamation State of Emergency for the Extreme Heat Events allowing the use of stationary backup generation. During the 2020 heat events, SVP customers were able to provide approximately 675 Megawatt-hours (MW-hr) of load relief on the system by switching to back up generators in a controlled manner.

While SVP is fully resourced, it can be subject to grid-wide emergencies and can be called upon by the CAISO to enact rotating outages or firm load shed events. SVP is in the process of updating operational load shed plans and preparing the customer base that may be impacted by firm load shed events as SVP has done annually for the past several years.

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22-159 Agenda Date: 6/7/2022

DISCUSSION
On May 20, 2022, the CEC held a Staff Workshop on Summer and Midterm Reliability which emphasized the need for continued emergency load curtailment strategies over the next several summers. In early May, the CEC had reached out to SVP to start the conversation with our customers to target interest in load reduction programs similar to the 2021 California State Emergency Program or programs similar to the Emergency Load Reduction Programs put in place by several utilities.

SVP will need to continue to work with stakeholders, the State of California, the CEC, CAISO, others, and Customers that are listed on the current emergency rotating blocks to develop a multi-year program that could enable SVP customer participation. SVP’s role will be to facilitate Customers enrollment and to coordinate with the State agencies. As a load following entity, SVP must centrally coordinate any type of emergency load reduction within Santa Clara in order for the program to have the intended impact for the greater grid and to ensure our Customers receive the benefit of participation.

SVP is seeking that the City Council delegate authority to the City Manager to negotiate with Customers and other stakeholders to create and enact an emergency load reduction program annually or potentially multi-year.

It is expected that staff will have limited notice between setting of the compensation criteria and possible implementation. Authorizing the City Manager to negotiate with customers and other stakeholders will allow staff to act swiftly and minimize possible issues within Santa Clara. As part of a future SVP quarterly update, staff will present on any outcomes from this program.

ENVIRONMENTAL REVIEW
This 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 commitment to any specific project which may result in a potentially significant impact on the environment.

FISCAL IMPACT
SVP intends to negotiate with customers to develop a program compensation that would essentially pass through any compensation from the program creators, likely State agencies, to participating customers. Thus, there is no expected financial impact, other than staff time, on other SVP customers or SVP rates. Other SVP customers would benefit from not being part of a rotating outage should the CAISO call an Energy Emergency Alert 3 and request SVP to shed firm load.

COORDINATION
This report has been coordinated with 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.

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22-159 Agenda Date: 6/7/2022

RECOMMENDATION
Delegate Authority to the City Manager to develop and approve a Multi-Year Emergency Load Reduction Program, including negotiating and approving agreements with SVP Customers, state agencies, and other potential stakeholders.

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

ATTACHMENTS

1. California Energy Commission - Presentation - 2022 Summer Supply Stack Analysis TN# 243173

2. California Independent System Operator - Presentation Reliability Workshop Summer Analysis TN# 243174
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DOCKETED
Docket Number: 21-ESR-01
Project Title: Energy System Reliability
TN #: 243173
Document Title: Presentation - 2022 Summer Stack Analysis Description: N/A
Filer: Courtney Wagner
Organization: California Energy Commission
Submitter Role: Commission Staff
Submission Date: 5/20/2022 8:14:53 AM
Docketed Date: 5/20/2022
Summer Stack Analysis
Hannah Craig
Energy Assessments Division
May 20, 2021

ENERGY COMMISSION
Summer Stack Analysis
2 Purpose:
• Assess average and extreme conditions
• Inform need for contingencies
Considers extreme conditions:
• High demand days like summer 2020
• High levels of unplanned outages
• Low import availability
• Drought impacts on hydro
Planning Reserve Margin
• 6 % Operating Reserves
• 5 % Unplanned Outages
• 4 % Demand Variability
3 22.5% PRM –
Extreme Conditions
15% PRM –
Average Conditions
• 6 % Operating Reserves
• 7.5 % Unplanned Outages
• 9 % Demand Variability
Background
• Developed in 2021 in response to
Root Cause Analysis
• Inputs and assumptions
developed in collaboration with
CPUC, DWR and CAISO
• Preliminary summer 2022 results
first presented at the reliability
workshop in July 2021 and a
preliminary version was adopted
in September 2021
• Last update was in January 2022
4 Changes to Stack for September 2022
5 • Stack has been updated as new
information becomes available
• Continue to foresee a need for
significant contingency resources at
net peak in September
Changes for Final May Version
• Supply-side changes since the January Update for 2022:
• New resources revised down due to delays
• CDWR released forecast for drought impacts to summer
generation and pumping
• Emergency procurement resources moved from Stack
Analysis to contingencies
• Hourly profiles applied to new wind, solar, and batteries 6 Changes for Final May Version cont.
• CED 2021 shows higher annual
peak demand compared to CED
2020
• Actual weather normalized 2021
was ~800 MW higher compared to
previous forecast
• Other differences are largely
the result of changes in economic
drivers and the impacts of demand
modifiers on peak timing and
magnitude
7 42000
43000
44000
45000
46000
47000
48000
49000
50000
51000
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Megawatts
CED 2020 vs 2021
CED 2020 CED 2021
Basic Assumptions
• Demand
• Peak day of each month from the
CED Adopted 2021 hourly forecast,
adjusted downward due to reduced
pumping need
• Supply
• Final Net Qualifying Capacity list
published by CAISO in October 2021
• CPUC estimates of additional
procurement
• Imports
• Average RA showings from 2016-
2021 and LD contracts for POUs
8 Megawatts July August Sept
Demand at 7-8PM 44,110 45,480 46,040
NQC List 48,170 46,380 43,950
Average RA Imports 6,010 6,440 6,560
New Supply 2022
(NQC) 1,651 1,699 2,581
New Supply 2023
(NQC) 5,350 5,436 5,996
Supply Modifications
• Wind and solar
• Hourly profiles based on generation
on high-load days from 2014-2021
• Batteries
• Discharge limited to 4 hours across
peak hours
• Hydro
• Derated based on CDWR projections
• Demand response
• From CPUC DR Allocations, adjusted
by Load Impact Protocol and
distribution loss factors
• Increased by 6% since operating
reserves aren’t carried for reduced
load
9 Megawatts July August Sept
Solar MW at 7-8PM 610 130 0
Wind MW at 7-8PM 2,450 2,130 1,230
Hydro Capacity with
Derate 4,940 4,730 4,120
Demand Response
with DLF/Reserve 1,360 1,420 1,420
New Resources
10 Megawatts 2022 2023 2024 2025 2026
Other 20 50 50 80 2,080
Wind 500 640 1,020 1,760 1,840
Solar 970 2,090 3,690 5,710 5,810
Batteries 2,450 5,870 8,250 10,220 10,350
• New resources for 2022-2023
based on procurement status
forms filed with and compiled
by CPUC staff
• Resources for 2024-2026
based on procurement orders
from 2019 and 2021 using
Preferred System Plan ratios.
• 2024-2026 assume OTC plants
and Diablo Canyon retire as
scheduled.

Online Resources
11 • New resources continue to come
online at a record pace
• About half the storage expected
between October and
September came online by April;
most solar is already here
Nameplate
Capacity
November 2020-
October 2021
October 2021-
April 2022 Total
Energy
Storage 1,230 1,130 2,360
Solar 1,380 796 2,500
Wind 340 580 920
Geothermal 12 0 12
Small Hydro 15 0 15
Hourly Wind and Solar Shapes
• Based on historic generation
on the 5 highest load days of
each month from 2014-2021,
for a total of 40 days per
month
• The hourly shapes are
weighted with 80% of the
weight going to the median
generation and 20% of the
weight going to the 20th
percentile.
12 Wind (MW) July August Sept
ELCC Tech Factors 1,390 1,270 910
Stack Analysis
Values at 5-6 PM
(peak)
2,240 1,640 810
Stack Analysis
Values at 7-8PM
(net peak)
2,450 2,130 1,230
Solar (MW) July August Sept
ELCC Tech Factors 4,290 2,990 1,580
Stack Analysis
Values at 5-6 PM
(peak)
6,430 5,540 3,770
Stack Analysis
Values at 7-8PM
(net peak)
610 130 0
Results
13 July and August 2022
14 September 2022 – Not Meeting 22.5%
15 • Meeting 15% PRM in every
hour
• Potential need for
contingencies.

July and August 2023
16 September 2023 – Not Meeting 22.5%
17 • Meets 15% PRM for all
hours
• Potential need for
contingencies at net peak
2024
18 2025
19 2026
20 Summary
21 Summary
22 Filing Comment
23 • Comments should be submitted by May 27, 2022 to docket 21- ESR-01 at
https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber =21-ESR-01
• Technical questions can be submitted to
Hannah Craig at [email protected]
Questions?
24 DOCKETED
Docket Number: 21-ESR-01
Project Title: Energy System Reliability
TN #: 243174
Document Title: Presentation - CAISO Reliability Workshop Summer Analysis Description: N/A
Filer: Courtney Wagner
Organization: California Energy Commission
Submitter Role: Commission Staff
Submission Date: 5/20/2022 8:17:19 AM
Docketed Date: 5/20/2022
COPYRIGHT © 2022 by California ISO. All Rights Reserved. Page 1 Summer and Midterm Stack
Analysis
Neil Millar
VP, Infrastructure and Operations Planning
Staff Workshop on Summer and Midterm Reliability, Session 1 California Energy Commission
May 20, 2022
COPYRIGHT © 2022 by California ISO. All Rights Reserved. Page 2 September peak conditions 2022-2025
Gap of ~1800
MW results in
need for
incremental
procurement
by Summer
2025
~1700 MWs of contingency measures
to meet planning standards in 2022
COPYRIGHT © 2022 by California ISO. All Rights Reserved. Page 3 2022 Summer Assessment indicates 7pm-8pm challenges
• 81% percent of the minimum reserve margins occurred during the hours ending 19:00 to 21:00 – hours of little to no production from solar resources.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-655 Agenda Date: 6/7/2022

REPORT TO COUNCIL

SUBJECT
Action on the Establishment of a Silicon Valley Power Scholarship - Silicon Valley Power Sustainable Futures (SVPSF) Program and Delegate Authority to the City Manager to Negotiate a Final Grant Agreement with Santa Clara University

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources Enhance Community Engagement and Transparency
Promote Sustainability and Environmental Protection

BACKGROUND
Since 2006, Silicon Valley Power (SVP) has offered local scholarships for traditional four-year institutions as well as trade and community college opportunities. Over 56 students in the Santa Clara community have benefited from scholarship awards ranging from $2,000 to $5,000.

U.S. clean energy employment accounts for 3.01% or 484,980 jobs in California growing annually by

2.2%. Fields in energy and sustainability are expanding locally and across the nation, and there is a growing awareness of the importance of an equitable and just transition into the emerging green jobs sector.

Providing educational and employment opportunities for the next generation is critical to Silicon Valley Power’s Vision Statement: Innovating creative energy solutions for a resilient and sustainable community. Investing in a green jobs workforce pipeline is critical to achieving SVP’s Vision Statement and the City’s Climate Goals. The skillsets needed to compete in the emerging green jobs is expanding rapidly. This is particularly true for employees trying to advance in this field in the Bay Area where the energy, sustainability, and climate drivers are leading the way in accelerating this field.

SVP is proposing to add a new multi-year scholarship program focused on creating access to education in the field of sustainability through partnerships with Santa Clara University (SCU) and Mission College. The primary scholarship program is the Silicon Valley Power Sustainable Futures (SVPSF) Program, in partnership with Santa Clara University. This program will target over 35 students over the five-year program beginning with the Fall 2022 School Year, including a Sustainability Fellowship Program with SCU.

An additional effort to support Mission College students in areas related to sustainability is being developed in partnership with Mission College to provide a comprehensive, scaffolded approach to supporting Santa Clara students in sustainability and green jobs related educational pursuits. With this more tailored focus on needed talent development, SVP will also be ending the former City of Santa Clara Page 1 of 3 Printed on 6/3/2022
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22-655 Agenda Date: 6/7/2022
scholarship program after this year’s selection and consider additional focus talent and diversity development options.

DISCUSSION
The Scholarship:

The goal of the SVPSF Program is to catalyze an education and green workforce pipeline of diverse talent and leadership in sustainability and clean energy sectors. Awards will be offered to students pursuing education in fields of study related to environmental sustainability, clean energy and/or climate resilience and based on the following premises:
· Access and Affordability: The SVPSF Scholarship will support annual gap scholarships that improve access to undergraduate studies at SCU with a preference for community-college transfer students from traditionally underrepresented socio-economic backgrounds. · High-Impact Learning Experiences: The SVPSF Fellowship will support annual high-impact learning experiences that provide real-world perspectives and experiences, as well as opportunities to build critical applied skills that enhance students’ early-career and postgraduate success. · Partnership Opportunities: Using a model of student-led projects that provides increased understanding of local climate or sustainability related problems, the City and the SCU can build opportunities for developing local solutions and recommendations through student research and community outreach while providing exposure to green jobs.

Scholarship Award Amounts/SVP Financial Commitment:

SVP/the City will enter into an agreement with Santa Clara University allowing SVP to provide annual funds of $75,000 per year to be distributed to scholarship recipients over a five-year period beginning in the Fall of 2022. Administration of those funds will be managed by the Santa Clara University Enrollment Management Division. Student selection criteria will be developed by the SCU with input from the SCU Sustainability Department and SVP/the City. The SVPSF Program will be broken into two focus areas:

1. SVPSF Scholarship Program - $60,000 awarded to a minimum of four (4) unique scholarship recipients at an average of $15,000 each to qualified students in each year of the five-year grant term. SCU will prioritize the selection of candidates who:
· Demonstrate a clear intention to pursue undergraduate studies and a career path in sustainability or clean power jobs.
· Come from backgrounds historically underrepresented in sustainability. · Apply for transfer from a two-year course of study, with preferences for students transferring from Mission College and other Santa Clara County community colleges.

2. The SVPSF Fellowship Program - $15,000 distributed to at least three (3) unique fellowships of $5,000 each ($15,000 in total) annually to qualified students in each year of the grant term.

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22-655 Agenda Date: 6/7/2022
issues surrounding the global climate crisis as well as application and scaling of climate solutions at the local level, using the SCU campus and the City of Santa Clara as living laboratories.

A. The goals/qualifications for the SVPSF Fellowship established by SVP/the City include:

1. Integration of Justice, Equity, Diversity and Inclusion (JEDI) practices into sustainability projects; and

2. Focus on climate and sustainability issues at the local (City of Santa Clara) level.

FISCAL IMPACT
Sufficient funds are available in the department’s advertising and community promotion operating budget for this program. Funding for future years will be incorporated into the biennial budget.

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

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
Delegate authority to the City Manager to negotiate a final Grant Agreement with Santa Clara University to establish the Silicon Valley Power Sustainable Futures Program to be administered by Santa Clara University and for Silicon Valley Power to commit $75,000 per year over five years.

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

ATTACHMENTS

1. Santa Clara University Grant Agreement
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Silicon Valley Power/City of Santa Clara Grant Agreement (April 15, 2022) – Page 1

SANTA CLARA UNIVERSITY GRANT AGREEMENT
Manuel Pineda
City of Santa Clara | Silicon Valley Power
1500 Warburton Ave.

Santa Clara, CA 95050
June 15, 2022
The President and Board of Trustees of
Santa Clara University
500 El Camino Real
Santa Clara, CA 95053
Attention: Lisa Kloppenberg, J.D., Interim President, Santa Clara University Cc: Eva Blanco Masias, Vice President, Enrollment Management, Santa Clara University James Lyons, Vice President, University Relations, Santa Clara University Lindsey Kalkbrenner, Director, Center for Sustainability, Santa Clara University Dear President Kloppenberg and Trustees:

On behalf of Silicon Valley Power (SVP), the City of Santa Clara (hereafter referred to as “the City”) municipal corporation, grants $375,000.00 (“Grant”) to Santa Clara University (SCU) in equal installments over five years for sustainability and green energy sectors as further delineated in this Agreement. The City and SCU agree that the Grant shall be subject to the terms and conditions of this agreement (“Agreement”). The City and SCU are individually referred herein as “Party” and collectively as Parties.

Payments will be made according to the terms and schedules set forth in this agreement.

These resources shall be used as follows (refer to Sections I and II for the purpose and stipulation of each Grant fund):
(1) $300,000 shall be directed to establish the Silicon Valley Power Sustainable Futures Scholarship (hereafter referred to as the “SVPSF Scholarship”) as an expendable Grant fund administered by SCU’s Enrollment Management Division under the authority of its Vice President, and
(2) $75,000 shall be directed to establish the Silicon Valley Power Sustainable Futures Fellowship (hereafter referred to as the “SVPSF Fellowship”) as an expendable Grant fund administered by SCU’s Center for Sustainability under the authority of its director and the division Vice President to whom it reports.

While these funds shall have separate administrative structures and processes, they may be collectively referred to as the “Silicon Valley Power Sustainable Futures Program” for marketing and impact storytelling purposes.

Silicon Valley Power/City of Santa Clara Grant Agreement (April 15, 2022) – Page 2 Grant Inspiration and Purpose
SCU is located within SVP’s service territory creating a clear foundation for the development of a multi-year collaboration as both organizations commit to climate change mitigation, and investing in diversity equity and inclusion. The goal of the Silicon Valley Power Sustainable Futures Program is to serve as a catalyst for an education and green workforce pipeline of diverse talent and leadership in sustainability and clean energy sectors as follows:

1. Access and Affordability: The SVPSF Scholarship will support annual gap scholarships that improve access to undergraduate studies at SCU with a preference for community-college transfer students from traditionally underrepresented socio-economic backgrounds, and

2. High-Impact Learning Experiences: The SVPSF Fellowship will support annual high-impact learning experiences that provide real-world perspectives and experiences as well as opportunities to build critical applied skills that enhance students’ early-career and postgraduate success.

3. Partnership Opportunities: Using a model of student led projects that provides increased understanding of local climate or sustainability related problems, the City and the SCU can build opportunities for developing local solutions and recommendations through student research and community outreach while providing exposure to green jobs.

To ensure that the intention of the Grant is actualized, the City requires SCU to comply with the provisions below.

SECTION I. SILICON VALLEY POWER SUSTAINABLE FUTURES SCHOLARSHIP The Silicon Valley Power Sustainable Futures Scholarship shall be administered by SCU’s’s Vice President of Enrollment Management and in consultation with SCU’s Vice President of Diversity, Equity, and Inclusion. SCU and SVP/the City shall abide by the following provisions:

Administration and Decision-Making:

1. SCU shall be the sole administrator of the SVPSF Scholarship and retains decision-making authority to determine how best to execute the terms of this agreement.

2. SCU’s Vice President for Enrollment Management shall have final decision-making authority on the administration of the SVPSF Scholarship and may delegate administrative functions to members of their staff.

3. SCU shall retain decision-making authority over all individual scholarship awards. Beyond establishing general parameters through this Agreement, the City shall not have an active role in the process of selecting and awarding scholarships to individual students.

Scholarship Function, Number, and Qualifications:

4. The SVPSF Scholarship shall be a need-based, gap scholarship that is offered upon student admission to SCU pursuing education in fields of study related to environmental sustainability, clean energy, and/or climate resilience; the SVPSF Scholarship shall provide supplemental grant funding to qualified undergraduates who have remaining unmet financial Silicon Valley Power/City of Santa Clara Grant Agreement (April 15, 2022) – Page 3 needs after receiving federal, state and SCU grant aid through the SCU’s standard processes.

SCU shall use commonly accepted methods of determining each student’s family need such as the FAFSA or CSS Profile.

5. SCU shall award and distribute four (4) unique scholarships of an average of $15,000 each ($60,000 in total) annually to qualified students in each year of the term of this Agreement.

6. To qualify for a SVPSF Scholarship, students shall remain in good academic and behavioral standing based on SCU policies and values.

Candidate Prioritization:

7. SCU shall prioritize the selection of candidates who:
a. Come from underrepresented socio-economic backgrounds (e.g. Black, Latina/o/ x, Native American, Native Hawaiian/Pacific Islander, and first-generation), and
b. Apply for transfer from a two-year course of study (e.g. community college), with preferences for students transferring from Mission College and other Santa Clara County community colleges.
and
c. Demonstrate a clear intention to pursue undergraduate studies and a career path in sustainability or clean power jobs.

8. SCU retains the authority to target more specific subsets of students (e.g. by community college or geography) so long as all other requirements of this Agreement are met.

Recipient Disclosures:

9. As a condition of accepting the SVPSF Scholarship, student recipients shall agree to disclose their individual name, the name of their current or most-recently attended high school or community college, city of residence, and scholarship amount to the City.

SECTION II. SILICON VALLEY POWER SUSTAINABLE FUTURES FELLOWSHIP The Silicon Valley Power Sustainable Futures Fellowship shall be administered by the Director of Center for Sustainability at SCU under the supervision of the Division Vice President, to which they report, and in consultation with SCU’s Vice President for Diversity, Equity, and Inclusion. SCU and the City shall abide by the following provisions:

Administration and Decision-Making:

Silicon Valley Power/City of Santa Clara Grant Agreement (April 15, 2022) – Page 4

1. SCU shall be the sole administrator of the SVPSF Fellowship and retains decision-making authority to determine how best to execute the terms of this Agreement.

2. The Director of Center for Sustainability at SCU shall have final decision-making authority on the administration of the SVPSF Fellowship and may delegate administrative functions to members of their staff.

3. SCU shall retain decision-making authority over all individual fellowship awards. Beyond establishing general parameters through this Agreement, the City shall not have an active role in the process of selecting and awarding fellowships to individual students unless such processes are anonymized (e.g., a City staff member serves as a member of a review panel that scores anonymized essays) to prevent conflicts of interest.

Fellowship Function, Number, and Qualifications:

4. The SVPSF Fellowship shall provide a project-based co-curricular experience of more than 10 weeks in duration to selected undergraduate students focused on sustainability, clean energy, and climate resilience fields. Projects may be undertaken in conjunction with internal and/or external partners and as a part of larger interdisciplinary teams. Fellowships are intended to offer leadership-development and self-directed experiences that prepare students for early-career jobs and to improve their graduate admission prospects. Typically, each Fellowship shall conclude with a culminating experience (e.g. paper, presentation, event, etc.) in which results and learnings are shared.

5. The goals/qualifications for the SVPSF Fellowship established by the City include:
a. Integration of Justice, Equity, Diversity and Inclusion (JEDI) practices into sustainability projects
b. Focus on climate and sustainability issues at the local (City of Santa Clara) level related to:
i. Green building/building decarbonization
ii. Clean mobility/transportation decarbonization
iii. Electrical, Mechanical or Civil Engineering that supports sustainability iv. Microgrid or other energy related generation/storage v. Climate resilience, heat impacts, etc. (community component) vi. Natural systems/water resources/habitat/urban forest vii. Research and summaries of existing regional sustainability work being done
viii. The application of JEDI practices in climate action ix. Sustainability outreach/marketing best practices or campaigns x. Food systems and climate
xi. Local investments/divestments and climate

6. SCU shall distribute three (3) unique fellowships of $5,000 each ($15,000 in total) annually to qualified students in each year of the term of the Agreement.

Silicon Valley Power/City of Santa Clara Grant Agreement (April 15, 2022) – Page 5

7. To qualify for a SVPSF Fellowship, students shall remain in good academic and behavioral standing based on SCU policies and values.

Project Topics and Opportunities for Externally Recommended Projects

8. The Fellowship experience is designed to enable students to explore intersectional issues surrounding the global climate crisis as well as application and scaling of climate solutions at the local level, using the SCU campus and the City of Santa Clara as living laboratories.

Some topics may be more theoretical while others may be highly applied in areas like technology development, behavior change, and data collection and analysis.

9. In an effort to develop a diverse pipeline of 21st-century talent, the Director of Center for Sustainability at SCU will provide opportunities for the City and other organizations from the sector to interact with the students, recommend Fellowship project ideas, and provide real-world advice to guide the co-curriculum.

Candidate Prioritization:

10. SCU shall prioritize candidates who:
a. Come from underrepresented socio-economic backgrounds (e.g. Black, Latina/o/ x, Native American, Native Hawaiian/Pacific Islander, and first-generation), and
b. Demonstrate a clear intention to pursue a career path in sustainability or clean power sectors,
and
c. Show strong leadership potential and commitment to the climate mandate outlined within the United Nations Sustainable Development Goals.

11. SCU retains the authority to develop an application process and set forth additional qualifications and desired characteristics that may include recommendations, assessment of prior experiences, a narrative description of career goals, indicators of academic strength, etc.

Recipient Disclosures:

12. As a condition of accepting the SVPSF Fellowship, student recipients shall agree to disclose their individual name, academic major, city of residence, project title, and Fellowship amount to the City.

SECTION III. IMPACT REPORTING AND STUDENT ENGAGEMENT
In the interest of communicating the impact of this grant and SCU’s progress toward its vision of advancing career pathways for the sustainability and clean power sectors, SCU shall provide the following to the City:

Silicon Valley Power/City of Santa Clara Grant Agreement (April 15, 2022) – Page 6 ● Annually, the SCU SVPSF Scholarship and SVPSF Fellowship leads will collaborate with the University’s Corporate and Foundation Relations Office to develop/update a key performance indicator (KPI) matrix (e.g., academic progress, graduation success, selection of sustainability careers, etc.) that will track program activities, outcomes, and impacts. At the end of each academic year, these KPIs will be translated into a brief narrative progress report for submission to the City and its City Council.
● Annually, the SCU SVPSF Scholarship and SVPSF Fellowship leads shall make reasonable arrangements to host City staff and executives for a campus visit to meet with students, engage with their projects, and discuss Fellowship project ideas, mentorship opportunities, etc. Selected students may also be invited to share their experiences at Santa Clara City Council meetings or events.
● Annually, the SCU SVPSF Scholarship and SVPSF Fellowship leads shall make reasonable arrangements to provide the City with the following program deliverables:
o Project description/research/summary on student-led projects that take a climate or sustainability related problem and provide a recommended solution through research and community outreach that includes JEDI principles
o Project specific deliverable (e.g., report, video, maps, database, outreach materials etc.) that the City can reference, utilize, or modify to guide policy or program development and implementation
▪ Include research on overarching societal costs of efforts o A 3–5-minute presentation that can be presented to City Council (live or preprerecorded) and to SCU fellowship team o Outreach strategy recommendation that incorporates JEDI (if project applicable) ● Annually, the SCU SVPSF Scholarship and SVPSF Fellowship leads shall make reasonable arrangements with the City to develop a brief impact story or video featuring at least one scholar or fellow that can be shared publicly via SCU and City digital media channels.

SECTION IV. GRANT RECOGNITION AND MARKETING
This grant shall be recognized and publicized through SCU newsletters and social media outlets prior to the start of the 2022-2023 Academic Year classes in late-September of 2022. The resulting Silicon Valley Power Sustainable Futures Program will be marketed internally to SCU students and prospective applicants, with the City recognized in all digital (e.g. website) and print material.

SCU and the City shall make reasonable arrangements to collaborate on the development of a story or press release in conjunction with the Program’s launch. As part of the Program’s formalization and launch, SCU shall provide an option for a public signing ceremony for promotion through scu and City media channels.

SECTION V. GRANT PAYMENT SCHEDULE
The Grant will be paid in five equal installments in cash or other marketable securities on the following schedule:

Year 1: a payment of $75,000 shall be made by August 31, 2022 Silicon Valley Power/City of Santa Clara Grant Agreement (April 15, 2022) – Page 7 Year 2: a payment of $75,000 shall be made by May 31, 2023 Year 3: a payment of $75,000 shall be made by May 31, 2024 Year 4: a payment of $75,000 shall be made by May 31, 2025 Year 5: a payment of $75,000 shall be made by May 31, 2026 Annual payment due dates ensure that funds will be available prior to the start of each academic year to facilitate financial aid and fellowship planning, promotion, and execution. Recognizing that SCU will rely on this pledge commitment to make financial commitments and legal obligations to its students, this pledge is intended to be legally binding upon us.

For purposes of donor recognition, we ask that SCU coordinate all announcements of this grant with SVP/the City in advance of publication.

This Agreement contained the entire agreement of the Parties with respect to the matters covered hereby, and no agreement, statement or promise made by either the City or SCU which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any matters covered hereby shall be effective for any purpose.

By their execution of this Agreement below, the Parties are to be bound by this Agreement.

CITY OF SANTA CLARA
______________________________________________________
[Insert Name] Date
Approved as to Form
_____________________________________________________
City of Santa Clara Office of the City Attorney

SANTA CLARA UNIVERSITY
_____________________________________________ ________________________ Lisa Kloppenberg, Interim President Date
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-773 Agenda Date: 6/7/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 which suspended the Brown Act teleconferencing requirements so that legislative bodies could hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long legislative bodies followed a set of requirements for noticing the meeting agenda and public participation, among other things. Subsequently on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunset the Brown Act provisions of Executive Order N-29-20 on September 30, 2021.

On September 16, Governor Newsom signed AB 361 into law which allows local agencies to use teleconferencing without complying with specific Brown Act restrictions in certain state emergencies until January 1, 2024, at which point they are to be repealed, and the standard Brown Act teleconference requirements become effective again. The bill was an urgency measure, and it went into effect immediately.

On October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, April 5, 2022, and May 10, 2022 the City Council approved Resolutions Nos. 21- 9013, 21-9023, 21-9038, 22-9042, 22-9051, 22-9058, 22-9067, and 22-9087 respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

DISCUSSION
AB 361 amended Government Code Section 54943 to allow a local agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency’s jurisdiction during a Governor-proclaimed state of emergency in certain circumstances.

In order for a local agency to utilize AB 361’s exemption to the Brown Act, there must be certain emergency conditions present. These include:

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· There being a state-proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
· The Council is meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, that meeting in person would present imminent risks to the health and safety of attendees; or
· The Council is meeting during a proclaimed state of emergency and has determined, by majority vote, that in-person meetings would pose health and safety risks to attendees.

In order for the City’s legislative bodies to continue meeting remotely with the exemptions to the Brown Act provided for under AB 361, the Council is required to take certain actions, most of which the City is already implementing:
· The City must continue providing notice of meetings and continue to post agendas as the Brown Act requires to the agency’s website,
· The City must continue allowing for public access to the meeting, while allowing for a public comment period to directly address the legislative body pursuant to Brown Act’s other teleconferencing provisions,
· The City must continue giving notice for how the public can access the meeting and provide public comment, including a call-in or internet-based service option (no physical location required),
· The City must continue providing the public with the opportunity to comment in real time (with the option of additionally allowing comments to be submitted in advance, if the agency desires),
· The City must stop the meeting until public access is restored in the event of a service disruption, and
· No later than 30 days after the first teleconferencing meeting and every 30 days thereafter, the Council will have to reconsider the circumstances of the state of emergency to determine if remote meeting procedures need to remain in place.

The legislative body must make certain findings by majority vote every 30 days to continue using the AB 361 Brown Act teleconferencing requirements. Because the City Council approved Resolution No. 22-9087 on May 10, 2022, the next Council meeting to extend the resolution is June 7, 2022. Failure to approve this resolution would result in City Council, boards, and commissions meetings being unable to meet fully virtual without exposing the locations of each member’s location on the posted agendas.

Beginning on March 11, 2020 and continuing every 60 days thereafter, the City Council has continued its proclamation of local emergency based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19.

On September 21, 2021, the Santa Clara County Public Health Officer recommended that public bodies continue to meet remotely to the extent possible due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings, and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. On November 2, 2021, emergency use of the Pfizer COVID vaccine was authorized for children ages 5-11. On that same day, Santa Clara county moved back into the substantial (orange) COVID-19 transmission tier. On November 22, 2021, Santa Clara county moved to the moderate (yellow) COVID-19 transmission tier. On November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public City of Santa Clara Page 2 of 4 Printed on 6/3/2022
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health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines. On December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide sevenday average case rate and 14% increase in hospitalizations since Thanksgiving. In light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higherrisk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings. As of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated. On February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. As of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S. On March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people. As of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations. On April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties. On May 10, 2022, Santa Clara County’s Health Officer Dr. Sara Cody warned that COVID case counts and hospitalizations are on the increase, with a weekly average of 552 cases and 80 to 100 people currently hospitalized, and urged everyone to consider wearing masks in high-risk settings, keep a stockpile of tests, and exercise caution when socializing indoors. On May 13, 2022, Bay Area health officers from the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Sonoma and the City of Berkeley urged residents to wear face masks in indoor public settings as COVID-19 infections driven by highly contagious virus variants multiply throughout the region. As of May 31, 2022, new coronavirus cases in California increased 13.2% from the prior week and California ranked 10th among the states where coronavirus was spreading the fastest on a per person basis. These associated emergency conditions are ongoing and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency. The state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person, and City officials continue to impose or recommend public health safety measures.

It is recommended that the Council adopt a resolution to make requisite findings to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically so long as the state of emergency and social distancing measures continue. The Council will have to take action on a monthly basis to reassess and reaffirm such findings to continue meeting remotely.

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The proposed Resolution is attached.

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 other than administrative time and expense.

COORDINATION
This report has been coordinated with the City Manager’s Office, City Attorney’s Office, and City Clerk’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]>.

RECOMMENDATION
Adopt a Resolution finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

Reviewed by: Nadine Nader, Assistant City Manager
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution
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Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 1 of 5 Rev: 11/22/17
RESOLUTION NO. _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FINDING THE EXISTENCE OF THE NEED TO EXTEND AB 361

IMPLEMENTATION TO ALLOW CITY LEGISLATIVE BODIES TO

HOLD PUBLIC MEETINGS SOLELY BY TELECONFERENCE OR
OTHERWISE ELECTRONICALLY PURSUANT TO AB 361
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara is committed to preserving and nurturing public access and participation in meetings of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities; WHEREAS, all meetings of City of Santa Clara’s legislative bodies are open and public, as required by the Ralph M. Brown Act (California Government Code Sections 54950, et seq., hereinafter referred to as the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; WHEREAS, the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction;
WHEREAS, on March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 2 of 6 Rev: 11/22/17
which suspended the Brown Act teleconferencing requirements so that legislative bodies can hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunsets the Brown Act provisions of Executive Order N-29-20 on September 30, 2021; WHEREAS, on September 16, 2021, Governor Newsom signed urgency ordinance AB 361 which allows a local agency to use teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during a Governor-proclaimed state of emergency pursuant to California Government Code Section 8625 et seq, if the state of emergency continues to directly impact the ability of the members of its legislative bodies to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing; WHEREAS, in light of the continued state of emergency related to COVID-19, the Santa Clara County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws, as outlined in their “Recommendation Regarding Continued Remote Public Meetings of Governmental Entities” issued on September 21, 2021;
WHEREAS, on October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, and April 5, 2022 the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22-9042, 22-9051, 22-9058, and 22-9067 respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 3 of 6 Rev: 11/22/17
electronically pursuant to AB 361;
WHEREAS, on November 2, 2021, federal, state and local health officials authorized emergency use of the Pfizer COVID vaccine for children ages 5-11, and may consider emergency authorization of the COVID vaccine for children under age 5 within the next few months;
WHEREAS, on November 22, 2021, Santa Clara County moved into the moderate (orange) COVID-19 transmission tier;
WHEREAS, on November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines; WHEREAS, on December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven-day average case rate and 14% increase in hospitalizations since Thanksgiving;
WHEREAS, in light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher-risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings; WHEREAS, as of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated;
WHEREAS, on February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 4 of 6 Rev: 11/22/17
Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. While Santa Clara County has met the required masking metrics (80% of the population vaccinated, COVID-19 hospitalizations in the jurisdiction are low and stable, seven consecutive days with the seven-day rolling average of new cases at 550 or below) to transition to a strong recommendation for indoor masking, the county remains in the “medium” level of the Centers for Disease Control and Prevention’s new COVID-19 community level framework;
WHEREAS, as of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S; WHEREAS, on March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people; WHEREAS, as of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations; WHEREAS, on April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties; WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing without complying with the agenda posting and public comment requirements at least once every thirty (30) days until Governor terminates the state of emergency; and,
WHEREAS, the associated emergency conditions are on-going and there is a need to teleconference for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 5 of 6 Rev: 11/22/17
current Governor-proclaimed COVID-19 state of emergency and if approved, will be in effect for 30 days and will expire on June 9, 2022 unless staff returns to City Council on or before June 9, 2022 to request to continue the need for teleconferencing.

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

1. That the City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 22-9067 adopted on April 5, 2022 and incorporated herein by reference, are on-going.

2. That the City Council finds that there is a need to teleconference for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

3. That the City Council finds that the state of emergency continues to directly impact the ability of members of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities to meet safely in person.

4. That City officials continue to impose or recommend measures to promote social distancing in City facilities.

5. That members of the City Council, Council Committees, City Decision-Making Bodies, City Boards (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), Committees and Commissions, Taskforces, and Other City Advisory Entities are authorized to use teleconferencing, or other electronic means, to hold its public meetings without noticing the Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 6 of 6 Rev: 11/22/17
teleconferenced locations on the agenda, without making teleconferenced or physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City’s jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations, in compliance with AB 361, Government Code Section 54953(e).

6. That the Assistant City Clerk is hereby directed to report to the City Council within thirty (30) days on the need to further continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

7. 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: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-779 Agenda Date: 6/7/2022

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to Execute the 2022-2025 Memorandum of Understanding Between the City of Santa Clara and the Police Officers Association (Unit 2) that Incorporates the Terms of the Joint Mediation Recommendation

COUNCIL PILLAR
Enhance Community Engagement and Transparency.

BACKGROUND
The Police Officers Association (hereafter, “Unit 2”) Memorandum of Understanding (hereafter, “MOU”) expired on December 18, 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 2 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 2 expired on December 18, 2021. The City and Unit 2 began negotiations on a successor MOU in September 2021 and met approximately ten (10) times. As the parties were unable to reach agreement during negotiations, both parties agreed to retain a mediator. Mediation sessions were scheduled for May 9 and May 16, 2022. On May 16, 2022, the parties reached a Joint Mediation Recommendation. The Joint Mediation Recommendation was ratified by the Unit 2 membership on or about May 23, 2022 and accepted by the City.

DISCUSSION
The recommended action authorizes the City Manager to execute a successor Memorandum of Understanding with a term of December 19, 2021, through and including December 31, 2025, that incorporates the terms of the Joint Mediation
Recommendation reached between both parties.

The following is a summary of the notable provisions of the Joint Mediation Recommendation:

Term:

December 19, 2021 - December 31, 2025
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22-779 Agenda Date: 6/7/2022
Wages:

Effective the first pay period of calendar year 2022 and 2023, all salary ranges in classifications assigned to Unit 2 shall remain status quo.

Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to Unit 2 shall be increased by approximately 5.0%.

Effective the first pay period of calendar year 2025, all salary ranges for employees holding positions in classifications assigned to Unit 2 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 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 2 at the time the one-time discretionary cash payment is made to receive the payment.

POST Certificates
Effective retroactive to January 9, 2022, employees that have achieved Intermediate POST certification shall receive 3.75% (from 2.5%) of base pay for this certification, and employees that have achieved Advanced POST certification shall receive an additional 3.75% (from 2.5%) of base pay for this certification. The total amount received for Advanced POST, when combined shall be

7.5% of base pay.

Holiday In Lieu
Effective the first full pay period following City Council adoption, the Holiday In Lieu premium shall be increased to 7.5% (from 5.0%) of base pay.

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 2 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 2 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 $835.66/month, while employees hired or rehired on or after January 1, 2023, shall receive a cash-in-lieu amount of $250/month.

Special Response Team (SRT)
Employees who are members of the SRT currently receive a 5% differential during the time the team is activated and combat ready. Employees shall also be eligible to receive the 5% differential if the SRT team is engaged in training activities or participating in SRT team meetings.

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22-779 Agenda Date: 6/7/2022
Crisis Intervention Training/De-Escalation Premium Pay (CIT) Effective the first full period in January 2023, employees shall receive a 3.0% premium pay for completion of the following training:

CA POST Crisis Intervention Training (Basic) Certification and CA POST Hostage (Crisis) Negotiation Training (Basic) Certification; OR 24 hours of accumulated training as approved by the Department’s Training Unit, including but not limited to courses in crisis intervention, de-escalation, strategic communication, and other topics relative to promoting positive, non-biased, non-use of force interactions with the community.

Double Time Pay
The Police Department has faced repeated and ongoing difficulties with obtaining necessary staffing numbers for NFL events, and has had to frequently rely upon staffing from its partner agencies, which creates additional administrative burden. Therefore, in order to incentivize employees to volunteer to work at NFL events, employees who work overtime at NFL games at Levi’s Stadium will be paid at the double time rate for that work. Overtime shall be for pay only. However, the parties acknowledge that the issue of full reimbursement to the City or Stadium Authority for public safety costs is currently under litigation. In the event a court or arbitrator issues a binding decision permitting less than full reimbursement to the City or Stadium Authority for public safety costs including the payment of the overtime rate listed herein, the parties will meet and confer over this change. From the time the contract reopens until agreement is reached, overtime will be paid at time and one-half.

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 ten-year forecast. Over the contract period, the ongoing costs in the General Fund total $6.1 million. The cost of the one-time non-pensionable discretionary cash payment is $725,000.

As a result of departmental vacancies and continued cost controls, there are sufficient General Fund expenditure savings in fiscal year 2021/22 to absorb these one-time costs. Ongoing impacts will be factored into future updates of the General Fund Ten-Year Forecast.

Item Description Estimated
General Fund
Cost
Estimated All
Funds Cost
Ongoing Items
Wages (Jan. 2022 and Jan.
2023)
0% increase $0 $0
Wages (Jan. 2024) 5.0% increase $1.8M $1.8M
Wages (Jan. 2025) 4.0% increase $1.5M $1.5M
$$
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22-779 Agenda Date: 6/7/2022
Item Description Estimated
General Fund
Cost
Estimated All
Funds Cost
Ongoing Items
Wages (Jan. 2022 and Jan.
2023)
0% increase $0 $0
Wages (Jan. 2024) 5.0% increase $1.8M $1.8M
Wages (Jan. 2025) 4.0% increase $1.5M $1.5M
POST Pay (Jan. 2022) Increase of 2.5% for
Advanced POST
$869K $869K
Holiday In Lieu (Pay Period
following Council Approval)*
Increase to 7.5% (from

5.0%)
$869K $869K
Crisis Intervention Training/ Deescalation Pay3.0% $1.1M $1.1M Total Ongoing $6.1M $6.1M
One-time Items
Non-Pensionable Discretionary
Cash Payment (2022)
$5,000 per employee
(one-time)
$725K $725K
Total One-time $725K $725K
* Cost for calendar year 2022 is approximately $483K, assuming an effective date of June 12, 2022.

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 100% of the premium of the lowest priced Kaiser (Region 1) plan for employees in Unit 2 enrolled at the Employee Only and Employee Plus One levels, and 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.

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 Police Officers Association with effective dates of December 19, 2021 - December 31, 2025, that incorporates the terms of the Joint Mediation Recommendation.

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

ATTACHMENTS

1. Joint Mediation Recommendation between the City and Unit 2

2. Memorandum of Understanding between the City and Unit 2 2021-2025 (Track) City of Santa Clara Page 4 of 5 Printed on 6/3/2022
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22-779 Agenda Date: 6/7/2022

3. Memorandum of Understanding between the City and Unit 2 2021-2025 (Clean) City of Santa Clara Page 5 of 5 Printed on 6/3/2022
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CITY OF SANTA CLARA - POLICE OFFICERS ASSOCIATION (UNIT 2) 2021 NEGOTIATIONS/MEDIATION

SUPPOSAL FOR JOINT RECOMMENDATION
TERM
■ 4 years (December 19, 2021 - December 31, 2025)
WAGES
■ 2022: Effective December 19, 2021, all salary ranges in classifications assigned to the Association shall remain status quo.
■ 2023: Effective the first pay period of calendar year 2023, all salary ranges in classifications assigned to the Association shall remain status quo.
• 2024: 5.0% 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 the Association shall be increased by approximately 5.0%.
• 2025: 4.0% general wage increase effective calendar year 2025. Effective the first pay period of calendar year 2025, all salary ranges for employees holding positions in classifications assigned to the Association shall be increased by approximately 4.0%.
• Modify Survey to (a) include CIT as Education Premium; and (b) Change to PEPRA Retirement when PEPRA is 60% of Unit
■ Salary Adjustment Form and Total Compensation Survey shall remain suspended during term of MOU

LUMP SUM
• $5,000 Upon Council Adoption

POST CERTIFICATES
• As proposed by City (11/30/21) (3.75%/3.75%) (FIRST FULL PAY PERIOD IN January 2022)

HOLIDAY IN LIEU
• Effective first full pay period following City Council Adoption, increase/replace existing language to provide for Holiday in Lieu payment of 7.5% of Base Pay.

HEALTHCARE
• As proposed in City Package Proposal B (11/30/21 ); effective January 1, 2023.

LIGHT BODY ARMOR
Tentative Agreement

DOUBLE TIME PAY
• Double time (Cash only, no CTO) of base pay for employees who work overtime assignments at NFL games at Levi Stadium. Reopener post the ongoing litigation/arbitration; placeholder only - actual language to follow.

City of Santa Clara - POA (Unit 2)
Mediation Joint Recommendation
May 16, 2022

CITY OF SANTA CLARA - POLICE OFFICERS ASSOCIATION (UNIT 2) 2021 NEGOTIATIONS/MEDIATION

SUPPOSAL FOR JOINT RECOMMENDATION

PREMIUM PAY
• SRT - As proposed by City (2/1 /22)
• Plus, 3.0% crisis intervention training/de-escalation premium pay ("CIT") effective first full pay period in January 2023; what training is required to be eligible for CIT premium pay to be determined by Department, including but not limited to POST CIT certification

UNIFORM ALLOWANCE
Tentative Agreement

HOUSEKEEPING
■ TBD
** THIS MEDIATION JOINT RECOMMENDATION IS SUBMITTED IN AN ATTEMPT TO REACH A SETTLEMENT ON A SUCCESSOR MEMORANDUM OF UNDERSTANDING. IN

THE EVENT THE MEDIATION JOINT RECOMMENDATION IS NOT ACCEPTED IN ITS

ENTIRETY, THE PARTIES RESERVE THE RIGHT TO MODIFY, AMEND AND/OR ADD PROPOSALS.

FOR THE CITY: FOR THE UNION:

Date
~ 3:::-,'L
Director of Human Resources
~~~
Charles Sakai Date
Pren iden OA
k --5/lb/Z~
Peter Hoffmann Date
Outside Counsel
ames Wright Date
Vice President, SCPOA
~ sffJi?c
A::::r of Human Resources
Jo achko
oard Member, SCPOA
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Date
,~:[l~ 5/J1,J2nz_ A hley c~ erate
Humanesources Division Manager
Luke
~ Erickson
Board Member, SCPOA
Date
City of Santa Clara - POA (Unit 2)
Mediation Joint Recommendation
May 16, 2022

MEMORANDUM OF

UNDERSTANDING
between

CITY OF SANTA CLARA
and

POLICE OFFICERS ASSOCIATION
UNIT 2
DECEMBER 23, 2018 – DECEMBER 1819, 2021 –
DECEMBER 31, 2025
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025) - ii -

1. TOTAL COMPENSATION (SUSPENDED FOR THE TERM OF THIS MOU)...........6

2. WAGE ADJUSTMENT (ADJUSTMENT OF TOTAL COMPENSATION METHOD SUSPENDED FOR THIS MOU)...............................................................................7

3. CHANGES IN ASSIGNMENTS ..............................................................................12

4. CHEMICAL TESTING ............................................................................................13

5. MOTORCYCLE CLEANING...................................................................................14

6. HOLIDAY PAY .......................................................................................................14

7. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ......................................15

8. BEREAVEMENT LEAVE........................................................................................16

9. LIGHT BODY ARMOR ...........................................................................................16

10. UNIFORM ALLOWANCE .......................................................................................17

11. CITY PURCHASE OF DEPARTMENT BADGES ...................................................18

12. PSYCHOLOGICAL COUNSELING ........................................................................18

13. OFFICERS’ STATUS WHILE UNDER INVESTIGATION .......................................19

14. VACATION ACCRUAL AND USAGE .....................................................................20

15. COURT CALLBACK POLICY.................................................................................21

16. OVERTIME PAY ....................................................................................................21

17. DOUBLETIME PAY................................................................................................22

18. REST PERIOD FOLLOWING EMERGENCY WORK.............................................23

19. NIGHT SHIFT DIFFERENTIAL...............................................................................23

20. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA).......................23

21. RETIREE MEDICAL REIMBURSEMENT BENEFIT...............................................24

22. PREMIUM PAY......................................................................................................24

23. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE ............25

24. ON-CALL PAY .......................................................................................................26

25. PUBLIC INFORMATION OFFICER/EXPLORER COORDINATOR PAY ................26

26. ARMORER COMPENSATION ...............................................................................27

27. BILINGUAL PAY ....................................................................................................27

28. RECRUITMENT INCENTIVE .................................................................................27

29. TEMPORARILY WORKING IN A HIGHER CLASSIFICATION...............................28

30. UNIFORMITY OF SALARY STEPS........................................................................28

31. STEP INCREASE EFFECTIVE DATE....................................................................29

32. TRAVEL COMPENSATION FOR TRAINING .........................................................29

33. TRAVEL COMPENSATION WHILE ON EXTRADITION ASSIGNMENT ................29

34. PER DIEM..............................................................................................................30

35. CANINE CARE.......................................................................................................30

36. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS)..........30

37. HEALTH INSURANCE ...........................................................................................30

38. DENTAL INSURANCE ...........................................................................................36

39. VISION INSURANCE.............................................................................................36

40. DEFERRED COMPENSATION..............................................................................36

41. ASSIGNMENT BID SYSTEM .................................................................................36

42. 10 PLAN.................................................................................................................36

43. LIMITED/ALTERNATIVE DUTY .............................................................................36

44. EMERGENCY PAID LEAVE POOL........................................................................37

45. ACCRUAL OF SICK LEAVE WHILE ON LABOR CODE 4850 BENEFITS.............39

46. INDEMNIFICATION FOR ACCIDENTAL OFF-DUTY DISCHARGE OF FIREARMS.. ..........................................................................................................................39

47. LAY-OFF POLICY..................................................................................................40 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025) - iii -

48. REDUCED WORK WEEK/REDUCED PAY AND VOLUNTARY TIME OFF (VTO).42

49. REPRESENTATION OF RECRUIT POLICE OFFICER..........................................43

50. ASSOCIATION DUES AND NEW EMPLOYEE ORIENTATIONS ..........................43

51. DOMESTIC PARTNERS........................................................................................44

52. ALTERNATE WORK SCHEDULE..........................................................................44

53. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE SECTION 125.........45

54. WORK ACTIONS...................................................................................................45

55. PAY PERIODS.......................................................................................................45

56. NEXT MEMORANDUM OF UNDERSTANDING PROPOSALS..............................45

57. EMPLOYEE RIGHTS.............................................................................................45

58. MANAGEMENT RIGHTS .......................................................................................46

59. SCOPE OF THIS MEMORANDUM OF UNDERSTANDING ..................................46 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025) - iv -
Alphabetical Table of Contents
10 PLAN........................................................................................................................30 ACCRUAL OF SICK LEAVE WHILE ON LABOR CODE 4850 BENEFITS....................33 ALTERNATE WORK SCHEDULE.................................................................................38 ARMORER COMPENSATION ......................................................................................24 ASSIGNMENT BID SYSTEM ........................................................................................30 ASSOCIATION DUES ANDNEW EMPLOYEE ORIENTATIONS ..................................37 BEREAVEMENT LEAVE...............................................................................................14 BILINGUAL PAY ...........................................................................................................24 CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ............... 27 CANINE CARE..............................................................................................................26 CHANGES IN ASSIGNMENTS.....................................................................................11 CHEMICAL TESTING ...................................................................................................11 CITY PURCHASE OF DEPARTMENT BADGES ..........................................................16 COURT CALLBACK POLICY........................................................................................19 DEFERRED COMPENSATION.....................................................................................30 DENTAL INSURANCE..................................................................................................30 DOMESTIC PARTNERS...............................................................................................38 DOUBLETIME PAY.......................................................................................................20 EMERGENCY PAID LEAVE POOL...............................................................................31 EMPLOYEE RIGHTS....................................................................................................39 FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE SECTION 125................39 HEALTH INSURANCE..................................................................................................27 HOLIDAY PAY ..............................................................................................................13 INDEMNIFICATION FOR ACCIDENTAL OFF-DUTY DISCHARGE OF FIREARMS.....33 LAY-OFF POLICY.........................................................................................................34 LIGHT BODY ARMOR ..................................................................................................15 LIMITED/ALTERNATIVE DUTY....................................................................................30 MANAGEMENT RIGHTS..............................................................................................40 MOTORCYCLE CLEANING..........................................................................................13 NEXT MEMORANDUM OF UNDERSTANDING PROPOSALS ....................................39 NIGHT SHIFT DIFFERENTIAL .....................................................................................21 OFFICERS’ STATUS WHILE UNDER INVESTIGATION ..............................................17 ON-CALL PAY ..............................................................................................................23 OVERTIME PAY ...........................................................................................................19 PAY PERIODS..............................................................................................................39

PEACE OFFICER STANDARDS AND TRAINING (POST) INTERMEDIATE CERTIFICATE...............................................................................................................22 PER DIEM.....................................................................................................................26 PREMIUM PAY.............................................................................................................22 PSYCHOLOGICAL COUNSELING ...............................................................................16 PUBLIC INFORMATION OFFICER/EXPLORER COORDINATOR PAY .......................23 RECRUITMENT INCENTIVE ........................................................................................24 REDUCED WORK WEEK/REDUCED PAY AND VOLUNTARY TIME OFF (VTO)........36 REPRESENTATION OF RECRUIT POLICE OFFICER ................................................37 REST PERIOD FOLLOWING EMERGENCY WORK....................................................20 RETIREE MEDICAL REIMBURSEMENT BENEFIT......................................................21 SCOPE OF THIS MEMORANDUM OF UNDERSTANDING .........................................40 SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE .............................................13 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025) - v -
STEP INCREASE EFFECTIVE DATE...........................................................................25 TEMPORARILY WORKING IN A HIGHER CLASSIFICATION......................................24 TOTAL COMPENSATION (SUSPENDED FOR THE TERM OF THIS MOU)..................6 TRAVEL COMPENSATION FOR TRAINING ................................................................25 TRAVEL COMPENSATION WHILE ON EXTRADITION ASSIGNMENT.......................26 UNIFORM ALLOWANCE..............................................................................................15 UNIFORMITY OF SALARY STEPS ..............................................................................25 VACATION ACCRUAL AND USAGE............................................................................18 VISION INSURANCE....................................................................................................30 VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) .............................21

WAGE ADJUSTMENT (ADJUSTMENT OF TOTAL COMPENSATION METHOD SUSPENEDED FOR THIS MOU)....................................................................................7 WORK ACTIONS..........................................................................................................39

MEMORANDUM OF UNDERSTANDING
between

CITY OF SANTA CLARA
and
POLICE OFFICERS ASSOCIATION, UNIT # 2
December 23, 2018 – December 1819, 2021 – December 31, 2025

In accordance with the provisions of Section 18 of the City of Santa Clara Resolution #2979, entitled "Employer-Employee Relations", this Memorandum of Understanding (MOU) constitutes the results of discussions between the City Management Staff (City) and the formally recognized representatives of the Santa Clara Police Officers Association (Association) on all matters within the scope of representation December 1923, 202118 through December 3118, 20251 for the classifications of Police Officer, Police Sergeant, Police Lieutenant, and Police Recruit.

It is hereby proposed and recommended that the City Council adopt the following, effective as indicated:

1. TOTAL COMPENSATION (SUSPENDED FOR THE TERM OF THIS MOU) A. For the purposes of this agreement, total compensation is defined to include the following items:
1) Salary
2) Fringe Benefits:
a. Retirement**
b. Holiday Pay*
c. Vacation Pay*
d. Uniform Allowance**
e. Mandatory Health Ins**
f. PERS Health Fund**
g. Other Pay
h. Retiree Medical
i. VEBA
j. Deferred Compensation
3) Insurance
a. Life
b. Health
c. Dental
d. Vision
e. Psychological Counseling
B. Total compensation as defined above will be determined by computing the total compensation at such time as to permit salary changes for the upcoming MOU year afforded similarly represented classifications of Police Officer in comparable agencies of Palo Alto, Hayward, Milpitas, Redwood City, and Mountain View (benchmark classification) and obtaining the total compensation afforded those comparable agencies.

C. It will be a requirement of the Association to allocate each year in advance, in accordance with the attached tabular description, and consistent with this MOU, the distribution of total compensation monies within the following element areas as noted in Section 1A: 1) salary, 2) fringe benefits, 3) Mandatory Health **Movement allowed only under the provisions
agreed to in this or existing MOU’s.
*These elements are directly tied to salary
and move as a function of salary. No
independent movement is allowed in these
element areas.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

Allocation/dental/counseling as described in section 36, and 4) medical insurance premiums, subject to the requirement that the amount of the Kaiser single health insurance premium, including the Public Employees Medical and Hospital Care Act (“PEMHCA”) minimum, be included in the mandatory section of the total compensation array. Distribution of total compensation monies is to be made based upon: 1) the total compensation array for the benchmark classification, and 2) the maximum premiums payable by the City, and not actual premiums to be paid by City, except as noted elsewhere in this MOU.

D. The total compensation allocation currently in effect, including the City's mandatory contribution rate to the Public Employee's Retirement System (CalPERS), will be the total compensation allocation upon which subsequent adjustment of total compensation is to be based and will be referred to as Base Total Compensation.

2. WAGE ADJUSTMENT (ADJUSTMENT OF TOTAL COMPENSATION METHOD

SUSPENDED FOR THIS MOU)
A. The following language concerning the 12/15-12/16 MOU year from the 12/14 – 12/16 MOU is retained as a historical reference to show how the City and the Association in certain past years have addressed changes in the employer CalPERS retirement rate, including on the Salary Adjustment Form, have utilized a benchmark classification of Police Officer, and adjusted represented employees’ total compensation using certain specified survey agencies.
12/15 – 12/16 MOU YEAR. Effective retroactive to December 25, 2015, there will be a 3.1% salary increase for all represented classifications. The City will pay the full CalPERS employer rate increase from FY 2014 - 15 to FY 2015 – 16 during the 2015-16 fiscal year so this increase will not have an adverse impact on salary. The City also will pay any increase in the cost of the Kaiser employee only rate for the 2016 calendar year so this increase will not have an adverse impact on salary.

In addition to the 3.1% salary increase described in the prior paragraph, the City shall prepare a survey of the average total compensation as of October 1, 2015 of agreed-upon survey agencies using the benchmark classification of Police Officer as set forth in Section 1.B. Other than the survey agencies used, the methodology shall be the same as used in the negotiations for tis 12/14-12/16 MOU. The City shall provide the survey information to the Association along with the percentage a Santa Clara Police Officer is above or below the survey average as of October 1, 2015 by November 30, 2015.If the total compensation on the survey for a Step 5 Santa Clara Police Officer is less than 5% above the survey average of total compensation in effect for the survey agencies as of October 1, 2018, the City will provide a further salary increase to represented employees equal to the amount needed to place Step 5 Santa Clara Police Officer at 5% above the survey average. If a Step 5 Santa Clara Police Officer is equal to or more than 5% above the survey average as of October 1, 2015, no further adjustment in salaries will be made (i.e. there will not be a downward adjustment).

If a comparing agency adopts a total compensation adjustment after the City has adopted and implemented the total compensation allocation/salary adjustment form for the 2015 calendar year, and the effective date of the comparing agency’s subsequently adopted total compensation adjustment is made effective on or before MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

October 1, 2015, the City will re-calculate the percent that was needed to place a Step 5 Police Officer at 5% above the survey average as of October 1, 2015 and adjust represented employees’ salaries accordingly.

Any recalculations prompted by the foregoing provisions will not entitle the Association to make any change in allocations to the total compensation array [i.e.

Salary Adjustment Form] as specified in Item 1C of this agreement.

B. Effective retroactive to December 23, 2018, for persons still employed on the date the City Council approved this 2018-2021 MOU, employees shall receive a five percent (5%) wage increase. For the December 2019– December 2020 MOU year, employees shall receive a wage increase equal to the increase needed to place a Santa Clara Police Officer at 5.5% above the total compensation average for the survey agencies as of January 1, 2020. For the December 2020 – December 2021 MOU year, employees shall receive the wage increase needed to place a Santa Clara Police Officer at 6% above the total compensation average for the survey agencies as of January 1, 2021. All surveys shall use data known and/or ascertainable based upon labor agreements approved by the agency’s city council no later than December 1st, and to be effective on or before January 1st of the following calendar year.

C. Wage Increases
1) Effective December 19, 2021, all salary ranges in classifications assigned to the Association shall remain status quo.
a. 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 nonpensionable 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.
2) Effective December 25, 2022 (the first pay period of calendar year 2023), all salary ranges in classifications assigned to the Association shall remain status quo.
3) Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to the Association shall be increased by approximately 5.0%.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

4) Effective the first pay period of calendar year 2025, all salary ranges for employees holding positions in classifications assigned to the Association shall be increased by approximately 4.0%.

C.D. (SUSPENDED FOR THE TERM OF THIS MOU) Prior to February 1 of each year of this MOU, if it is determined by the Santa Clara Police Officers Association and representatives of Management of the City of Santa Clara, that any of the classifications represented by the Association are 2.5% below the survey average in salary after the common salary adjustment afforded on the dates specified in Sections 2.B. and 2.C, the City of Santa Clara shall adjust such classifications to the nearest salary range to bring them as close as possible to 2.5% above the survey average of the current salary schedule in effect for classified police. This adjustment will become effective the first day of the first full pay period in February of each year.

D.E. There will be no retirement enhancements during the term of this MOU.

E. (SUSPENDED FOR THE TERM OF THIS MOU) It will be the prerogative of the Association to allocate, during the term of this MOU, total compensation monies among the element areas as defined in the foregoing. Specific retirement benefits, excluding City’s payment of all or part of the represented employee’s share of CalPERS contributions, as may be allowed by the Public Employees Retirement System may be added or deleted subject to the following conditions. 1) All such changes will have equal application to all public safety personnel, including eligible members of the Fire Department, if the modification will increase the City contribution rate for public safety employees. 2) The Association will assume the responsibility of coordinating with the eligible members of the Fire Bargaining Units and Police Management Unit any desired retirement modifications prior to submission to the City, and be prepared to ensure the City, in writing, that such modifications are consistent with the wishes of the majority of eligible personnel in each of the Public Safety Units. 3) A minimum of nine (9) calendar months advance notice will be given the City, in writing, specifying the nature of the desired changes.
4) Any cost associated with obtaining the proposed retirement benefit such as actuarial valuations or administrative expenses imposed by CalPERS shall be paid by the Police and Fire units. Before any such costs are incurred, representatives of one of the two units must assume the responsibility of reimbursing the City for all related costs upon demand.

F. 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 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

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 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.

POLICE OFFICERS ASSOCIATION DEFINITIONS

1. Top Step Salary - Maximum step in the monthly salary range for the Police Officer classification (excluding
longevity steps). Since Palo Alto as of the time
of this agreement incorporates
Certification/Education pay into base pay, the
top step for salary for Palo Alto to be used in
the survey should reflect that practice and the
value for certification/education pay elsewhere
in the survey shall have a value of zero. Also,
since Redwood City’s career incentive is
treated as the separate classification of “Police
Officer – Advanced,” the top step salary for
Police Officer – Advanced shall be used on the
survey, with the value of zero used for longevity
for Redwood City.

2. Life, Health, Dental, Vision,
LTD, VEBA, Retirement
Medical and other Insurance -
Maximum agency monthly contribution per
employee to insurance premiums as defined in
Item 1A3 and 36 plus maximum agency
monthly contribution to other fringe benefit
insurance premiums. For retiree medical, for
Redwood City (and if applicable to other survey
agencies moving forward), the maximum
amount to which an active employee would be
entitled upon a service retirement. For VEBA,
the City’s total VEBA contribution shall be
$100/month.

3. Retirement - Maximum agency monthly contribution to
retirement for which any current employee or
retiree may be eligible. The survey calculation
should reflect classic total pension cost as a
percentage of pay (per CalPERS) multiplied by
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

pensionable pay items for classic employees
(i.e. base pay, longevity, certificate/education
pay, holiday pay, and uniform allowance).

Deferred compensation will be factored
separately from pension contributions.

Once 60% or more of the Association
membership is PEPRA and not Classic, the
survey calculation should reflect the PEPRA
total pension cost as a percentage of pay (per
CalPERS) multiplied by pensionable pay items
for PEPRA employees (i.e. base pay, longevity,
certificate/education pay, and holiday pay).

4. Holiday Pay - Number of paid holiday hours allowed by agency per year times hourly salary rate of
classification, 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
hourly salary rate for classification divided by

12. The “hourly salary rate” for the survey for
purposes of vacation should include the base
pay rate, longevity, and certificate/education
pay.

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 recurring
nature or become part of their compensation
base. The survey should include education
incentive pay, longevity and career incentive
pay, and uniform allowance. Where agencies
provide both education and POST certificate
pay, such as Hayward does currently, that
amount should be included. Regarding uniform
allowance for Palo Alto and Redwood City,
since these agencies both provide and maintain
uniforms, this benefit is a value added service
to the employees that is reported as
pensionable income for classic employees.

Accordingly, the amount reported to CalPERS
by Palo Alto (confirmed by Palo Alto HR) and
the amount reported to CalPERS by Redwood
City (specified in MOU) shall be included in the
total compensation survey.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

7. Psychological Counseling - Actual dollar amount paid for this service during the prior fiscal year divided by the number of
budgeted employees divided by 12.

8. POST and CIT Premium Pay - Monthly amount paid for Advanced POST Certificate and Crisis Intervention Training
(CIT).

9. Total Compensation - The sum of Items 1 through 8 above.

G. Within 60 days of City Council approval of this 12/18 – 12/21 MOU, the City and the Association will form a joint committee to consider modifications to the Total Compensation Survey criteria set forth above, including, but not limited to, utilizing a blended agency retirement contribution. Any changes to the Total Compensation Survey criteria as presented by the Association during negotiations are subject to mutual agreement by the City and the Association and will be memorialized in writing via a side letter agreement.

POLICE OFFICERS ASSOCIATION

TABULAR DESCRIPTION OF

ADJUSTMENT OF TOTAL COMPENSATION
December 2014 and December 2015 Association provides City with total compensation allocation to be in effect for the
forthcoming calendar year.

December 2014 and December 2015 City adopts total compensation allocation as presented by Association and develops
salary schedule to be in effect for the
forthcoming calendar year.

3. CHANGES IN ASSIGNMENTS
It is the policy of the Chief of Police that job assignments and/or shifts for represented employees will be changed upon reasonable notice. Reasonable notice shall be deemed to be at least fourteen (14) calendar days prior to implementation of the change in assignment and/or shift.

Shift and assignment vacancies within the Police Department will be filled based primarily on Departmental needs, merit and seniority. Factors to be considered will include, but will not necessarily be limited to, work performance, adaptability, relationships with people, attendance and previous training.

Some assignments may require special abilities, work experience or education. These additional factors will also be considered when filling assignments identified as being more specialized.

If persons seeking the same assignments or shift are reasonably equal in the above listed factors, seniority will determine the final selection.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

Shift and assignment vacancies will be open to all qualified employees. Adjustments within a Division may be made prior to a vacancy announcement.

All assignments and shift selections will be made by the Chief of Police.

4. CHEMICAL TESTING
It is the policy of the City of Santa Clara, the Santa Clara Police Department and the Association to provide and maintain a drug and alcohol free work environment for all employees. The above parties recognize and agree that the duties, responsibilities and actions of a police officer may expose the City, the Department and its employees to possible civil or criminal liabilities in the area of drug and alcohol use. In order to address the above concerns, all parties agree as follows:

It will be the responsibility of any represented employee to comply with the Santa Clara Police Department policy on drug and alcohol use, and pursuant thereto, to submit to a blood test as appropriate and chosen by the involved employee when ordered by the Chief of Police or his/her designee. A breath test may be chosen if only alcohol is suspected. All chemical testing shall be administered in a medically approved manner and as soon as practical after being ordered, but no later than six (6) hours after the incident in the case of subsection A, B, C, or D listed below, whether the employee is onduty or off-duty at the time of the occurrence whenever any of the following occur:

A. Any incident in which a firearm is discharged by an employee, acting under the color of authority, and death or serious injury is likely to occur. Furthermore, unless the death or serious injury of another occurs, this section will not apply to incidents in which a firearm is discharged accidentally, as a warning shot, or at a dangerous or suffering animal. For the purpose of this section, the use of an extended range impact weapon is not defined as a firearm discharge unless used as deadly force.

B. Any intentional use of any other deadly or dangerous weapon by an Officer, or an intentional act on the part of an Officer, which proximately causes the death or, or injury likely to produce death to another.

C. Any traffic accident involving an employee operating a City-owned vehicle which results in death of another or any traffic accident involving an employee operating a City-owned vehicle which results in an injury likely to produce death to another and the employee appears to be the proximate cause of the accident.

D. Any incident where the Chief of Police or his/her designee has a reasonable belief based upon objective symptoms that an employee is in violation of the departmental policy on drug or alcohol use. The verbal order to submit to a chemical test shall set forth the reasons for the test(s) and shall be followed at the time the test is administered by a written statement of the order.

E. Any incident where the Chief of Police or his/her designee develops reasonable suspicion that an employee has used illegal drugs. Reasonable suspicion will be defined as that quantity of proof or evidence that is more than a hunch, but less than probable cause and must be based on objective and articulable facts sufficient to lead a reasonable, prudent supervisor to suspect that an employee has used illegal MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

drugs.

The following examples, alone or in combination, may constitute reasonable suspicion:
1) A pattern of documented abnormal or erratic behavior that indicates potential drug use;
2) Direct observation of drug or alcohol use by a reliable and credible source; 3) Corroborated information provided by a reliable and credible source that an employee has engaged in illegal drug use, the identity of which source shall be available to the employee and the Association.

F. Employees being assigned to or being rotated out of specific assignments shall be subject to drug testing at the beginning and at the end of such assignments. These assignments include the Santa Clara County Special Enforcement Team (SCCSET) and the Drug Enforcement Agency (DEA) task force.

Demands for drug or alcohol analysis by supervisors which are determined to be malicious will not be tolerated and may subject the directing individual to disciplinary action.
"Designee" is defined as any sworn Santa Clara Police Officer with the rank of Assistant Chief, Captain, Lieutenant or Sergeant.

In the event any portion of the Chemical Testing policy herein described in this MOU is in conflict with any non-negotiated policy, procedure, manual or directive, including the Police Operations Manual, the provisions of this MOU shall prevail.

Nothing is this section shall prevent any represented employee from voluntarily requesting or providing a chemical sample if deemed appropriate by the employee.

5. MOTORCYCLE CLEANING
Regular, on-duty time will be allowed for the cleaning of motorcycles, as assigned by the supervisor.

6. HOLIDAY PAY
The number of hours per year for holiday pay is 104 hours (equivalent to 13 work days based on eight (8) hours per day) for all represented employees.

Effective the first full pay period after ratification by Association membership and approval by City Council of this MOU, employees shall receive approximately 7.5% as holiday-in-lieu compensation.
[THIS PARAGRAPH IS SUSPENDED FOR THE TERM OF THIS MOU] It shall be the prerogative of Unit #2 to add one-half (1/2) day to the number of allocated holidays as of January 1st of the following calendar year. However, it is understood that should such an addition occur, it will be charged against prospective total compensation and payment for such addition will be prorated over the total number of annual pay periods as is the current practice.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

Any additional permanent holidays designated by the City Council will be afforded represented employees. However, such holidays will be charged against prospective total compensation and payment for such holidays will be prorated over the total number of annual pay periods as is the current practice.

7. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. SICK LEAVE
1) Employees shall accrue ninety-six (96) hours of sick leave per calendar 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) Vacation and CTO may be used to supplement sick leave as available. 3) Sick leave will have an unlimited accrual for use. However, payment of sick leave at retirement will be limited to a maximum of 1,500 hours. For employees who have accumulated more than 1,500 hours, the employee shall not be permitted to receive payment at retirement for more than the hours they had on the books as of January 1, 2004, plus 1,500 hours.
4) Upon retirement, an employee with at least fifteen (15) years of City service shall be entitled to payment for a portion of their accumulated sick leave balance, as follows:
a. An employee with 15 years of City service shall be entitled to be paid 25% of the sick leave accumulated.
b. An employee with 20 years of City service shall be entitled to 50% of the sick leave accumulated.
c. An employee with 25 years or more service shall be entitled to 75% of the sick leave accumulated.

In lieu of receiving a sick-leave cash payout at retirement, the Association may vote to roll accrued sick leave hours into the employee’s Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of sick leave to their VEBA accounts.

B. FAMILY SICK LEAVE
1) Not more than fifty-six (56) 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, unless the use of additional leave is approved by the City Manager or designee. “Immediate 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-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, or anyone dependent on the employee for care.

C. PERSONAL LEAVE
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

1) Each calendar year, an employee is entitled to use thirty-two (32) 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.

Requests to use personal leave shall be requested and may be granted or denied the same as vacation use requests.

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. Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of the death of a parent (including step, adoptive and in-law), child (including step, adoptive and in-law), sibling (including step, adoptive and in-law), spouse or domestic partner; up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent (including step, adoptive and in-law), grandchild (including step, adoptive and in-law), aunt (including step, adoptive and in-law) or uncle (including step, adoptive and in-law); and up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of their own or a step, adoptive, or in-law great-grandparent, great-aunt, great-uncle, great-grandchild, niece, nephew, or first cousin.

B. The bereavement leave benefit is based on each death occurrence and is not charged through the total compensation model.

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

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

9. LIGHT BODY ARMOR
All currently issued light body armor and vest carriers shall be replaced at City expense five (5) years from the date of issue.

New or replacement body armor shall be a minimum of a Threat Level #2 3A classification and shall be replaced by the City upon the expiration of the manufacturer's warranty for that unmodified dealer issued unit. Any represented employee may purchase a vest of his/her choice provided that it meets or exceeds the City's warranty and protection requirement; however, the employee must bear the difference in cost between the allocation provided and determined by the City and the actual cost of the vest of his/her choice. All body armor issued to represented employees shall be new and custom fitted to the individual officer. The City will also provide and replace vest MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

carriers consistent with Departmental standards. Unit members may purchase vest carriers of their own choice so long as they meet the Department’s minimum standards; however, the employee must pay the difference in cost between the actual cost of the vest carrier and Departmental allocation for vest carriers.

Body armor and vest carriers damaged in the course and scope of employment shall be replaced immediately if determined to be unserviceable, or otherwise requiring replacement in the opinion of the Department. Current issue body armor damaged by misuse or gross negligence shall be replaced subject to a pro-rata formula based upon a five (5) year life expectancy. New or replacement body Body armor and vest carriers damaged by misuse or gross negligence shall be replaced subject to a pro rata formula based upon the manufacturer's warranty (e.g., if a vest is damaged by misuse after 3 years, the Department will pay 60% (3/5) of the Departmental allocation towards a replacement vest and the employee will be responsible for the remainder of the replacement cost).

All vestsbody armor and vest carriers, regardless of the purchaser, shall remain the property of the City.

The City will provide Threat Level #3A body armor to any represented employee who requests that it be provided. However, that employee is required to wear that this equipment whenever he/she is performing general law enforcement duties outside the Police Administration Building and in uniform.

10. UNIFORM ALLOWANCE
A. The City shall contribute $23.08 bi-weekly per represented employee as a uniform allowance beginning after twelve (12) continuous months of City servicewill provide a uniform allowance of $600 per year. Effective the first pay period of calendar year 2022, the uniform allowance will be paid on the first two (2) pay periods of every month.

B. The City shall provide for the repair of or replacement, based on the remaining useful life of the uniform article, damaged while actively engaged in the line of duty.

C. The City shall provide, but retain ownership of, the following safety and special equipment, at no cost to the employee:
1) Duty handgun with three magazines and flashlight
2) OC Spray
3) One or two pairs of Handcuffs
4) 26-inch Baton and/or Collapsible Baton
5) Complete light weight synthetic basket-weave style gear including trouser belt, duty belt, holster, equipment holders, key strap and keepers 6) Flashlight and holder
7) Whistle
8) Approved Gas Mask with carry bag
9) Kevlar Helmet with face shield
10) Protective vest as outlined in Section 9 (Light Body Armor) 11) Conducted Electrical Weapon with holster and spare cartridge MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

12) Load Bearing Vest (including reimbursement up to $500 upon showing a receipt or appropriate documentation for those that purchased a load bearing vest prior to Council approval of the 2016-18 MOU)
D. For employees assigned to motorcycle duty, the City shall provide, but retain ownership of, the following safety and special equipment, at no cost to the employee:
1) Motorcycle riding boots
2) Motorcycle riding breeches
3) Summer and winter gloves
4) Clear safety glasses
E. All safety equipment supplied by the City damaged while actively engaged in the line of duty shall be replaced at no cost to the employee. Additionally, all safety equipment rendered unserviceable by normal wear and tear will be replaced at no cost to the employee.

F. The City shall provide each employee a rain jacket and pants, and a set of BDUs with name tags and patches. If they subsequently are rendered unserviceable due to normal wear and tear, the employee is responsible to replace them. The City will replace them at no cost to the employee if damaged while actively engaged in the line of duty.

11. CITY PURCHASE OF DEPARTMENT BADGES
For any represented employee, the City will purchase and provide the employee's badge to the employee's survivors, providing such employee has separated from City service by reason of death in the line-of-duty.

12. PSYCHOLOGICAL COUNSELING
A represented employee may avail him/herself of a City designated psychologist or psychiatrist for stress counseling. It is understood between the parties that such counseling sessions will be confidential on a patient/doctor relationship with the following exception. If, in the opinion of the psychologist/psychiatrist, the employee being counseled represents a hazard to him/herself in the performance of his/her duties, or to others, such information will be provided the Chief of Police or designee on a confidential basis. It is further understood that such information may be the basis for the Chief of Police or designee to alter the assignment of the affected employee or to remove the employee from active duty, either on a temporary basis or on a permanent basis. Any removal from active duty will be in compliance with the rights and obligations of the City with full compliance with the rights of the affected employee. The City reserves the right to inquire into the circumstances of such mental disability to determine whether or not the alleged disability is job related.

The cost of the psychological counseling shall be borne by the City, with the following exceptions:

A. For each visit, the employee will pay $10.00.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

B. For all visits, the employee will submit a claim to any medical insurance carrier available to him/her that provides such coverage.

C. The uninsured costs of all visits will be borne by the City.

D. Prior to the 21st visit to the provider in any calendar year, the provider shall advise the City that a represented employee has used the service 20 times in that calendar year. The represented employee will not be identified. However, the City will have the right to assure itself that the represented employee is not placing the City or others at risk by being permitted to continue working.

E. The amount paid by the employee and any insurance payments will be made directly to the psychologist/psychiatrist and, upon proof of payment by either or both the employee and the insurance carrier (if appropriate) to the psychologist/psychiatrist, the City will bear the cost of the remaining expense.

It will be the intention of the City to contract with psychologists/psychiatrists who have a demonstrated ability to counsel in the area of law enforcement job stress and who will agree to the terms and conditions set forth in this section of the MOU. It is understood by all parties to this agreement that the City will take all reasonable steps to implement this section but, if the City is unable for monetary, professional, ethical or legal reasons to successfully negotiate (a) contract(s) consistent with all provisions of this section, this section is then null and void.

13. OFFICERS’ STATUS WHILE UNDER INVESTIGATION
All parties to this agreement recognize the occasional need for a change of assignment or the placing of an Officer on an off-duty status while under investigation by the City and/or the Police Department for alleged acts or omissions contrary to public law and/or City and/or Police Department Rules and Regulations. The intent of this section is that affected police officers will not suffer any economic loss during this investigation.

Listed below, in order of preference, will be the measures taken to remove the officer from his/her assignment during the course of an investigation, should the Chief of Police or designee feel that such action will be in the best interests of the department and the City.

A. Change of assignment, days, or hours of work, or all or part of the foregoing. Such change will not be considered disciplinary in nature but merely a safeguard against further acts or omissions that would be detrimental to the department and the City.

B. If a change of assignment, days, or hours of work is not feasible, an officer will be assigned time off with pay.

In all cases, the City agrees that all investigations will be conducted without undue delay and in the most expedient manner possible to prove or disprove the allegations. All noncriminal investigations by the City shall be completed within 30 days of being reported. If the investigation cannot be completed within the 30 day period, the employee and the Chief's office must be informed in writing, on a semi-monthly basis, of the current status of the investigation.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

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

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

COMPLETED ANNUAL MAXIMUM

YEARS OF SERVICE ACCRUAL ACCRUAL
1 through 9 years 120 hours 400 hours
10 through 15 years 160 hours 400 hours
16 through 20 years 176 hours 400 hours
21 or more years 192 hours 400 hours
B. Vacation may not be taken during the first six months of employment with the City.

Following the completion of the first six months of employment represented employees are eligible to take all or a part of earned vacation that has been posted to his/her account on a bi-weekly basis, subject to the departmental vacation use policy.

C. Vacation may be taken in 1/10th hour increments.

D. Employees who reach the maximum number of accrued vacation hours cease to earn vacation during any bi-weekly pay period when their vacation balance has reached the maximum accrual allowed for their current service. Vacation time that is not accrued to an employee because he/she has reached the maximum accrual limit will be credited to the Emergency Paid Leave Pool established under this MOU.

E. It is recognized that the long standing policy of the City as set forth in the Personnel and Salary Resolution provides that “Vacations shall be taken as determined by the Department Head, subject to the approval of the City Manager. Vacation eligibility will be as set forth in the current Memorandum of Understanding subject to any limitations contained therein.” The Association agrees with and will abide by this provision irrespective of any method of vacation scheduling which may now be in place.

F. On or before the last business day before December 25th each calendar year, an employee may make in writing on an “Irrevocable Vacation Cash-Out Election Form” to be provided by the City an irrevocable vacation cash-out election for up to two cash-outs 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 a total of sixty (60) 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 date options available on the Election form provided MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

by the City for the up to two cash-outs shall be the first full pay period in 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. In lieu of receiving a vacation-leave cash payout at retirement, the Association may vote to roll accrued vacation leave hours into the employee’s Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.

15. COURT CALLBACK POLICY
Notwithstanding provisions of this agreement or any prior agreements, if a represented employee is placed on a standby status to appear in court by the Police Department, or on less than 24 hour direct advance notice by the District Attorney's Office, he/she will have the option of remaining on a standby status or reporting to the Police Department prepared to testify.

If the Officer elects to remain in a standby status, no compensation will be provided to him/her. Alternatively, the Officer may voluntarily report to the Watch Commander in uniform prepared to work the requisite number of compensable minimum hours, which shall be a minimum of three (3) hours at the overtime rate on a regularly scheduled workday and a minimum of four (4) hours at the overtime rate on a day off. A “day off” shall be defined as a day that is so indicated on the Department/ Division time sheet used for payroll purposes.

A represented employee who is called back to testify in court on his/her day off shall be granted a minimum of four (4) hours at the overtime rate. A “day off” shall be defined as a day that is so indicated on the Department/Division time sheet used for payroll purposes.

16. OVERTIME PAY
A. Represented employees will be paid MOU overtime at the overtime rate of 1½ times their base rate of pay for any hours worked outside of their regular schedule. If the overtime overlaps with the beginning of their shift or occurs at the end of their shift, they will be compensated only for the actual time worked.

B. If preplanned overtime and/or callback overtime does not overlap the employee’s regular work shift, the employee will be compensated for a minimum of three (3) hours at the overtime rate.

C. Regarding compensatory time off employees are permitted to accrue in lieu of payment for overtime hours worked under Department policy, the maximum number of compensatory time off hours that may be accrued is 200 hours. Requests to use accrued compensatory time off shall be granted or denied using the same procedures and standards as vacation use requests, and will not be granted if doing so would cause the Department to incur overtime.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

D. The City has adopted a 28 day FLSA work period and threshold of 171 hours worked for purposes of Fair Labor Standards Act overtime eligibility. For all FLSA qualifying overtime hours, the City pays at 1.5 times the FLSA regular rate as defined by the FLSA and applicable law, with amounts owed by the City for FLSA overtime hours worked subject to any applicable credits under the FLSA and FLSA regulations.

NOTE: This section does not apply to the Court Overtime, which is outlined in Section

15. 17. DOUBLETIME PAY
A. Continuous emergency overtime that extends the regular work shift for a represented employee for more than one and one-half (1.5) the number of hours of that shift (16.5 hours for an employee assigned to and 11-hour workday, 12 hours for an employee assigned to an 8 hour shift and 15 hours for an employee assigned to a 10 hour workday) will be paid at two times the represented employee's regular pay rate for the regular shift. If the extended time occurs on an overtime assignment, the double time rate will apply to the hourly rate upon which the time and one-half overtime rate is based.

B. Voluntary overtime which causes an employee to work continuously for more than 1/2 his/her shift will not qualify for the double time premium until more than 1 and 1/2 shift of continuous work, excluding any volunteer overtime, has been worked.

Volunteer overtime is described as an assignment that is charged to a private business and only for those hours posted upon sign-up.

C. For all consecutive hours worked, including the regularly assigned shift, overtime will be paid at 1.5 times the regular rate for the first half shift of overtime and double time for all overtime hours in excess of the first half shift of overtime. If all or a portion of a second regular shift is worked without an interruption, straight time overtime will be paid in addition to the regular time for the hours worked on that shift.

D. Levi’s Stadium
Bargaining unit members who work overtime at NFL games at Levi’s Stadium will be paid at the double time rate for that work. Overtime under this section will be for pay only and employees may not elect to earn CTO for that work. However, the parties acknowledge that the issue of full reimbursement to the City or Stadium Authority for public safety costs is currently under litigation. 1) In the event a court of competent jurisdiction or arbitrator issues a binding decision permitting less than full reimbursement to the City or Stadium Authority for public safety costs including the payment of the overtime rate listed herein, this section will immediately reopen and the parties will meet and confer over changes to this section. From the time the contract reopens until agreement is reached, overtime will be paid at time and one-half.
2) In circumstances of mandatory staffing directives for events at Levi’s Stadium, the Department will evaluate preexisting personal schedule conflicts of affected personnel to determine if the directive may be rescinded. Considerations will include but not be limited to: prior notice by the employee and supervisor MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

approval of scheduled time off, and the personal and fiscal impact to the employee. If such personnel are excused from staffing the event, they may be required to staff a subsequent event with mandatory personnel directives regardless of seniority considerations. Additionally, if such personnel are excused from staffing the event, personnel with higher seniority may be directed and required to staff the event.

18. REST PERIOD FOLLOWING EMERGENCY WORK
Any employee who works a minimum of four (4) hours of emergency overtime (including court appearances by an employee following a regularly scheduled overnight or graveyard shift) during the sleep period* will receive an eight (8) hour rest period commencing at the time of release from duty.
* Sleep Period: A period of time starting ten (10) hours and ending one (1) hour before an employee’s regularly scheduled shift begins.

If the rest period overlaps his/her regular work shift in whole or in part, he/she will be paid at the straight-time rate for the time which falls within his/her regular work shift.

If the employee is called back to work during his/her rest period, a new rest period will commence at the conclusion of such work.

Notwithstanding the foregoing, if the employee is required to work during regular work hours on a work shift without having had a rest period, 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 relieved from duty for at least eight (8) hours.

19. NIGHT SHIFT DIFFERENTIAL
Represented employees will be eligible for 5% night differential premium pay for all straight time hours worked between 5:00 p.m. and 7:00 a.m., provided that at least two (2) hours are worked during that time period.

20. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
The City has established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a Citywide defined contribution post-retirement medical benefit for employees in all bargaining units.

The City will pay plan administrative expenses. Specific information regarding the Plan is 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 medical insurance premiums and will not be taxed under current state and federal law. Withdrawals cannot be made for nonmedical purposes.

Effective beginning December 16, 2007, the City began contributing $50 per month to MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

employees’ VEBA trust accounts. Effective December 23, 2019, tThe City shall contribute $100 per month to the employees’ VEBA trust accounts. Per the City’s contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts.

21. RETIREE MEDICAL REIMBURSEMENT BENEFIT
The Retiree Medical Reimbursement Benefit shall provide each employee who retires from the City with a CalPERS retirement 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 insurance premium or unreimbursed single retiree health insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in 2018, the City will reimburse an amount of $352 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $211 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental health insurance premium or unreimbursed single retiree health insurance premium. The amount of the City reimbursement will be adjusted once each year by the percentage change from October to October in the San Francisco-OaklandSan 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 has funded this benefit by an amount to be determined by an actuary.

Each retiree will be required to submit proof of medical coverage to the City each year.

The City will pay the reimbursement in a lump sum payment quarterly.

22. PREMIUM PAY
A. CRIME SCENE INVESTIGATOR (CSI) PREMIUM PAY
Effective the first full pay period following City Council approval of this MOU, any Unit 2 employee who is assigned as a Crime Scene Investigator or Field Evidence Technician shall receive an additional two and one-half percent (2.5%) of base special assignment premium while assigned. . This pay shall apply to all paid hours while assigned, whether worked or taken as paid leave, and shall be included in both the MOU overtime rate and FLSA overtime rate.

B. SPECIAL RESPONSE TEAM (SRT)
A 5% salary differential will be paid to members of the SRT team only during the time the team is (1) engaged in training activities, (2) participating in SRT team meetings, or (3) activated and combat ready. Premium pay will not apply during training. It shall be the responsibility of the Department timekeeper to mark the bi-weekly payroll sheets for the time spent in SRT duties to indicate the amount of time spent performing this particular type of duty.

C. MOTORCYCLE DUTY
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

Any employee of the Police Department of the City of Santa Clara who is assigned to motorcycle duty shall be compensated at his/her regular salary plus an additional 5% for each day while on such assignment and while actually performing such duty.

Such pay will be calculated on the same basis as other premium pay, e.g., SRT pay, etc. It shall be the responsibility of the Department timekeeper to mark the bi-weekly payroll sheets for the time spent in the motorcycle duty to indicate the amount of time spent performing this particular type of duty.

D. FIELD TRAINING OFFICER (FTO)
All classified employees of the Police Department who act in the capacity of Field Training Officer will be compensated a differential of 5% while assigned as a Field Training Officer. Such officers must successfully pass the Field Training Officer selection process as outlined by the City Police Department and as finally approved by the Chief of Police.

E. NARCOTICS TASK FORCE
All employees in the classification of Police Officer who are assigned to the Narcotics Task Force will be compensated an additional 5% salary differential for all time spent in such assignments. The 5% salary differential for time spent assigned to the Narcotics Task Force shall be compensated in the same manner as Motorcycle Officers. It shall be the responsibility of the Department timekeeper to mark the biweekly payroll sheets for the time spent in the Narcotics Task Force to indicate the amount of time spent performing this particular type of duty. “Narcotics Task Force” is synonymous with successor narcotics assignments in which the officer is assigned to work singly or with a group composed of single agency personnel or with multi-agency personnel, so long as the assignment is fulltime narcotics investigation.

F. CRISIS INTERVENTION TRAINING (CIT)
Effective December 25, 2022 (the first pay period of calendar year 2023), employees shall be eligible for crisis intervention training/de-escalation (“CIT”) premium pay of approximately 3% of the employee’s base pay. To be eligible for the CIT premium pay, an employee must have the following:
1) California POST Crisis Intervention Training (Basic) Certification, or 2) California POST Hostage (Crisis) Negotiation Training (Basic Certification), or 3) 24 hours of accumulated training as approved by the Department’s Training Unit, including but not limited to courses in crisis intervention, de-escalation, strategic communication, and other topics relative to promoting positive, non-biased, nonuse of force interactions with the community.

23. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE A. Employees are eligible for up to a maximum of 7.5% of base pay as follows:

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

1) Intermediate POST Certification. Effective retroactive to December 18, 2016December 26, 2021 (the first pay period of calendar year 2022), employees that have achieved Intermediate POST certification shall receive 2.5%3.75% of base pay for this certification.
2) Advanced POST Certification. Effective retroactive to December 26, 2021 (the first pay period of calendar year 2022)December 18, 2016, employees that have achieved Advanced POST certification shall receive an additional 2.5%3.75% (for a total of 5.0%) of base pay for this certification.

B. To be eligible, and receive payment, employees must either provide proof from POST of the Intermediate or Advanced POST certificate or get written confirmation and approval from both the Training Sergeant and Police Chief (or designee) that the requirements for certification have been successfully completed. POST Certificate Pay shall be included on the Salary Adjustment Form as a mandatory allocation.

24. ON-CALL PAY
The City will credit two (2) hours of overtime compensation per week for “on call” pay for the following listed investigator assignments for weeks when investigators in those assignments are assigned to be on call:
• Property Crimes Detective Sergeant
• Burglary Detective
• Auto Theft/SET Detective
• Financial Crimes Sergeant
• Identity Theft/Arson Investigator Detective
• Robbery/Homicide Sergeant
• Robbery/290 Detective
• Sex Crimes/Elder Abuse Sergeant
• Juvenile Sex Crime Detectives
• Assaults/General Person Crimes Sergeant
• Domestic Violence Detective
Effective the first full pay period following City Council approval of this MOU, the City will also credit two (2) hours of overtime compensation per week for “on call” pay for the following assignments for weeks when assigned to be “on call” • Traffic Officer (2)
• Traffic Sergeant
• Traffic Investigator
• CSI Officer (2)
• CSI Sergeant

25. PUBLIC INFORMATION OFFICER/EXPLORER COORDINATOR PAY A. Public Information Officer: Effective the first full pay period following Council approval of this MOU, the individual assigned on an on-going basis as the Department’s Public Information Officer shall receive a pay amount equal to an additional hour of overtime compensation each pay MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

period in recognition of the additional time spent outside his/her regularly scheduled hours performing Public Information Officer work for the City.

This pay is inclusive of any FLSA or overtime obligation that might apply and represents the parties’ good faith estimate of the amount of additional time outside the employee’s regular schedule that is required.

B. Explorer Coordinator: Effective the first full pay period following Council approval of this MOU, the City shall provide a total of ten hours of compensatory time off per month to Explorer Coordinators (i.e. either 10 hours to one Explorer Coordinator, or 5 hours each to two Explorer Coordinators or 3.33 hours each to three Explorer Coordinators), which amount represents a good faith estimate of the average total amount of time spent per month performing Explorer Coordinator duties outside his/her/their regular work hours. This amount is intended to fully compensate the applicable employee(s) for this work, inclusive of any FLSA or other overtime obligation.

26. ARMORER COMPENSATION
The represented employee who is assigned the added duty of Armorer will be paid $300 per year as extra compensation for on-duty time related to the assignment. Payment will be made on a quarterly basis in January, April, July and October in advance as other pay, subject to taxes and retirement.

27. BILINGUAL PAY
Employees shall be entitled to receive, in addition to their regular compensation, the additional payment outlined below for bilingual skills if they meet the following criteria:
• Certification from the City, by oral examination, that the employee possesses the needed language skills.
• Certification by the Chief of Police that a particular assignment involves need for the required skills on a regular basis.
• Certifications required and obtained above will not necessarily follow an employee if transferred or promoted.

Bilingual pay shall be forty-five dollars ($45.00) per bi-weekly pay period.

In addition, employees that can demonstrate a higher level of bilingual proficiency by satisfying a more rigorous job connected oral and written testing process required by the Police Department than required for the standard bilingual pay described above shall receive an additional $45 per bi-weekly pay period, i.e. a total of $90 per bi-weekly pay period.

28. RECRUITMENT INCENTIVE
If a represented employee recruits and is responsible for a police officer, sergeant, or lieutenant joining the Santa Clara Police Department, the represented employee shall receive compensatory time off as follows:
• 10 hours of compensatory time off when the employee is hired MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

• 10 hours of compensatory time off after the employee successfully completes the Field Training Program (becomes a solo beat officer)
• 10 hours of compensatory time off at the time the employee successfully completes probation (18 months)
To be eligible, an applicant must identify the represented employee at the time of application as being responsible for the applicant seeking employment with the Santa Clara Police Department. The Professional Standards Unit Sergeants and any other employees directly involved in the hiring process are not eligible for compensatory time off under this section.

29. TEMPORARILY WORKING IN A HIGHER CLASSIFICATION
Represented employees may be assigned to work temporarily in a higher classification than his/her own by the Department Head or designee. The assignment must be in writing and the employee must assume the duties of the higher classification.

Classifications in this unit shall be paid at least 5% more than their prevailing salary or at the entrance step of the range of the higher classification to which the incumbent may be temporarily assigned by the Department Head or designee to work out of classification, whichever compensation pattern is greater. To qualify, the time worked shall be no less than four (4) hours during the work day. After qualification, the employee will be compensated for Out of Classification from the first hour of the assignment.

Employees may be assigned to work outside of the specific classifications, and without regard to any working out of class special compensation, in any Civil Defense situation where an actual state of emergency has been officially declared to be in effect within the City or County.

30. UNIFORMITY OF SALARY STEPS
The salary schedule will be developed as follows:

A. There will be a five percent differential in the hourly rate between salary steps 1, 2, 3, 4, 5, and 7. Salary step 6 will be the mid-point between salary steps 5 and 7.

B. Salary step 1 for the position of Police Sergeant will be the same hourly rate as salary step 4 for Police Officer (approximately 15.7% difference). Salary step 1 for Police Lieutenant will be the same as salary step 4 for Police Sergeant (approximately 15.8% difference).

C. The hourly rate of pay will be an exact amount rounded to three decimal places. The bi-weekly rate of pay will be an exact amount that is 80 times the hourly rate of pay rounded to two decimal places. The monthly salary will be an approximate amount derived from multiplying the hourly rate by 2080, dividing by 12 and rounding to the nearest whole number.

D. The salary schedule will be developed based upon the current monthly rate for Police Officer at salary step 5, increased by the percentage which is derived from application of the negotiated Total Compensation increase. Future salary adjustments will be derived from application of the percentage salary increase that is MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

derived from the negotiated Total Compensation increase applied across the salary schedule.

31. STEP INCREASE EFFECTIVE DATE
The practice of awarding step increases is as follows:

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.

32. TRAVEL COMPENSATION FOR TRAINING
Employees who are authorized to travel to or from a training event site that is outside Santa Clara will be compensated as follows for such travel:

A. Authorized and required travel on a regularly scheduled work day, outside scheduled work hours, will be compensated at the appropriate overtime rate for actual time spent traveling to the training site.

B. Authorized and required travel on a regularly scheduled day off will be compensated at the appropriate overtime rate for actual time spent traveling to the training site or the regularly scheduled number of hours of the employee's regular work day, whichever is less. For example, an employee who regularly works a 10 hour shift Monday through Thursday would be compensated for up to ten hours for travel that took place on Sunday, but would not be compensated for any travel that was more than ten (10) hours.

Officers will be required to adjust their normally scheduled work hours as necessary and practical to avoid the payment of overtime whenever possible.

Travel time for training that is required by the Department, required to maintain POST Certification, or required to perform a special assignment or collateral duty and which takes place outside regular work hours will be eligible for compensation.

33. TRAVEL COMPENSATION WHILE ON EXTRADITION ASSIGNMENT Employees who are required to travel for prisoner extradition outside Santa Clara, or who voluntarily accept such assignment, will be compensated as follows for such travel:

A. Authorized travel on a regularly scheduled work day, outside scheduled work hours, will be compensated at the appropriate overtime rate for actual time spent traveling to and from the extradition site.

B. Authorized travel on a regularly scheduled day off will be compensated at the appropriate overtime rate for actual time spent traveling to and from the extradition site.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

C. The Division Commander and/or the immediate supervisor may adjust the normal work schedule for the employee in order to minimize the overtime impact of the assignment with a minimum 14 hours’ notice.

Employees performing work directly related to the extradition of the prisoner will be compensated at the appropriate rate while performing such work.

34. PER DIEM
Represented employees will receive the City allowed per diem while attending on-duty training.

35. CANINE CARE
A. Represented employees serving as Canine handlers are entitled to up to 3 ½ hours per week of paid time off for the care of the assigned canine. Time off shall not be charged to any other leave balance.

B. In the event a canine is killed in the line of duty, the City shall provide for burial arrangements that meet with the City's approval.

36. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) For employees that do not meet the definition of “New Members” under the Public Employees' Pension Reform Act of 2013 ("PEPRA"), the City shall maintain its Safety contract with CalPERS providing the "3% @ 50" retirement formula and additional benefit options, including but not limited to single highest year compensation period.

For employees that meet the definition of “New Members” under the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), the City shall maintain its Safety contract with CalPERS to provide the " 2.7% @ 57" retirement formula and additional benefit options, including but not limited to the three (3) highest years compensation period.

37. HEALTH INSURANCE
A. Prior to June 21, 2015 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 Health/Dental insurance refund/deduction schedule will be based upon 12 payments per year. Payments will be refunded/deducted during the first paycheck issued in each month. Refunds are paid when the total allocation from total compensation for health and dental insurance is greater than the monthly premium cost for health and dental insurance for the employee. Deductions are taken when the total allocation from total compensation for health and dental insurance is less than the monthly premium costs for health and dental insurance for the employee.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

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.

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.
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 B.C. On and AfterEffective June 21, 2015
1) Mandatory Health Allocation
Effective June 21, 2015, Kaiser single employee health insurance plus $100/month will be included in the Salary Adjustment Form as a Mandatory Allocation. The amount allocated will be the Kaiser single employee health insurance premium plus $100/month minus the monthly statutorily required Public Employees Medical and Hospital Care Act (“PEMHCA”) contribution. The PEMHCA contribution will remain in the Salary Adjustment Form as a separate Mandatory Allocation. The City will change the dollar amount designated within the Salary Adjustment Form for Kaiser single employee health insurance when the premium amount changes annually and/or when the statutorily required PEMHCA contribution changes. Under State law, the monthly PEMHCA contribution will be adjusted annually by the CalPERS Board of Administration to reflect any change in the medical care component of the Consumer Price Index. 2) Discretionary Health Allocation [THIS PARAGRAPH IS SUSPENDED FOR THE TERM OF THIS MOU]
The Association may (on a once-a-year basis, commencing with the beginning of the calendar year) designate within the discretionary portion of the Salary Adjustment Form a fixed monthly sum to be paid by the City for all represented employees toward health insurance premiums. If the health insurance premium for the individual employee exceeds the amount allocated, the balance is paid by way of a salary deduction from the pay of the individual employee. As an exception to the once-a-year usual rule set forth in this paragraph, the MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

Association may also designate changes in its discretionary allocation(s) on the Salary Adjustment Form to be effective June 21, 2015.
3) Cash Back or In Lieu
Effective June 21, 2015, for employees that choose not to enroll in a City health plan, the medical cash in lieu amount shall be the lesser of either (a) $1,207.17 or (b) the sum of the mandatory health allocation, PEMHCA minimum and discretionary health allocation, plus discretionary dental allocation. However, should the City’s mandatory allocation at some future time exceed $1,207.17, employees that choose not to enroll in a City health plan shall be entitled to a medical cash in lieu amount equal to that City mandatory allocation. The maximum cash in lieu amount described in this paragraph shall also apply to the right of employees enrolled in a City health plan to cash back payments if the cost of their health and dental premiums is less than the maximum cash in lieu amount described in this paragraph.

D. 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.

C.b. HEALTH FLEX CONTRIBUTION AND ADDITIONAL HEALTH FLEX

CONTRIBUTION
Effective January 1, 2018For Plan Year 2022, the City will offer employees a Health Flex Contribution of $133.00/month to put toward the payment of a City offered health plan. The $133.00/monthThis amount applies for 20182022, and this amount shall be modified each calendar year using 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 $835.66/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 equal $200 per month over the Kaiser (Region 1) employee only premium amount for the applicable year. 1 As an example, for 2022, the PEMHCA minimum is approximately $149/month and the Health Flex Contribution is $149/month, which includes the PEMHCA minimum of $149/month.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

(For 2018, this is an additional $146.77/month to these individuals, since $200 over the Kaiser employee only amount in 2018 is $982.43/month.) Employees may not receive all or any portion of the health 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 Health Flex Contribution 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 in 2018), which is the City ‘s designated PEMHCA amount.

D.c. REGULAR FLEX CONTRIBUTION
Effective January 1, 2018For Plan Year 2022, the City will provide a Regular Flex Contribution equal to $835.66/month less the Health Flex Contribution (thus, for 2018, the Regular Flex Contribution will be $702.66/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 37.ED.1(d). below.

For employees who enroll in City health and whose benefits exceed the total of the City’s Hhealth 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.

E.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 $835.66/month minus the Regular Flex Contribution (for 20182022, the Cash in Lieu amount thus is $133$149/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).

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

• 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 37.D.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 percent (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 contributions 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 $835.66/month paid out on the first pay period of the month.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

(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 F below.

F.E. 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.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

This plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.

F. 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 fulltime equivalent (FTE) level.

38. 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.

39. 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 described in this paragraph.

40. DEFERRED COMPENSATION
Effective beginning the first full pay period following City Council approval of this MOU, tThe City shall contribute $150 per month to the City’s Section 457 deferred compensation plan on behalf of each represented employee.

41. ASSIGNMENT BID SYSTEM
The City agrees to a seniority bid system for all Patrol Officers, approved jointly by the Association and the City

42. 10 PLAN
A. All represented employees are assigned to a 10-hour, four (4) day workweek.

B. The exact hours of assignment will be as defined in a program that has been developed jointly by the City and the Association.

C. Any alternative schedule may be proposed, adopted, and/or discontinued in accordance with Section 47 of this MOU.

43. LIMITED/ALTERNATIVE DUTY
Upon a written release to return to work from an employee’s doctor, subject to review by a City doctor, the City may require an employee who has been off work due to illness, injury or other health condition to return to work within the physician’s specified medical MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

restrictions. The release must be in writing.

Nothing in this section is intended to imply that an employee has a right to a limited/alternative duty assignment. All such assignments are temporary assignments and are subject to the City’s periodic review of the employee’s continued need for limited or alternative duty and the Department’s ability to continue the employee in the assignment.

In placing an employee in a light/alternative duty assignment, if requested by the employee, the Department will consider whether an appropriate, beneficial and available light/alternative duty work assignment exists on the employee’s usual shift. If no such assignment is available and/or would not benefit the Department, the Department retains the right to place the employee in a light/alternative duty work assignment on a different shift. The Department also reserves the right to change an employee’s light/alternative duty assignment to a different shift after the light/alternative duty assignment has begun if doing so would better promote and serve Department interests. Employees shall be provided two weeks advanced notice if they are to be placed in a light/alternate duty assignment with a different shift than their usual shift.

An employee returning to a light/alternative duty work assignment from an industrial injury or illness leave shall receive the employee’s usual shift differential even if the employee is assigned to a light/alternative duty assignment that would not otherwise entitle the employee to a shift differential. An employee returning to a light/alternative duty work assignment from a non-industrial injury or illness shall not receive the shift differential applicable to the employee’s regular work schedule unless the light/alternative duty assignment work schedule to which the employee is assigned would entitle the employee to a shift differential.

It is the City’s intent with regard to light/alternative duty assignments to have sworn personnel perform law enforcement related duties to the maximum extent possible, recognizing though that the specific duties of a light/alternative assignment will need to take into account the employee’s medical restrictions and the needs of the Department.

An employee who has a job related illness or injury which required the employee to be off work under Workers’ Compensation, and who does not qualify for limited or alternative duty, will be reassigned to an 8-hour, day, Monday through Friday, work schedule for the purpose of keeping required medical appointments and, subject to the employee being medically able to do so, to honor all scheduled court appearances while so incapacitated.

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

44. EMERGENCY PAID LEAVE POOL
A. ADMINISTRATION
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board) consisting of one (1) member of the Association, the Chief of Police (or designee) and the Director of Human Resources (or designee). Determination of eligibility to use the emergency MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

paid leave established in this Emergency Paid Leave Pool (Pool) will be by majority vote of this board. An adverse decision of this board may be appealed to the POA Board of Directors and their determination shall be final.

B. METHOD OF DONATION
1) Contribution of vacation or CTO to the Pool will be computed at the member's base hourly rate of pay (excluding premium or specialty pay). 2) Contribution may be made from earned vacation, CTO or cash only. Conversion of Sick Leave to Vacation for purposes of donation to the Pool will be immediately credited to the Pool.
3) 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, 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.
4) 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.
5) Funds contributed to the 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. 6) Nothing herein shall preclude a donation of leave or funds to a member of Unit 2 from employees in other bargaining groups, nor preclude such a donation by employees in Unit 2 to employees in other bargaining groups.

C. USE OF POOL
1) Employee must have a verified emergency need for time off to request emergency paid leave from the Pool. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency. 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 for a medical emergency 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.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

2) Employee must have exhausted appropriate paid leave (sick leave, vacation or CTO) prior to becoming eligible to request emergency paid leave from the Pool. 3) The maximum time available from the Pool (subject to the assets of the Pool) will be 320 hours (four [4] pay periods) for emergency paid leave benefits due to the illness or injury of the employee or the maximum hours allowable for accrual of vacation for emergency needs of the family of the employee. 4) Emergency paid leave dollars will be deducted from the Pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay) times hours deducted from the Pool.
5) Emergency paid leave hours will be made available for use in the pay period following approval by the Association.
6) 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.
7) Emergency paid leave that 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 that have accrued to the employee will remain in the employee's account.

45. ACCRUAL OF SICK LEAVE WHILE ON LABOR CODE 4850 BENEFITS Employees who have sufficient paid time in a pay period, including time under Section 4850 of the State of California Labor Code, will be credited for sick leave accrual during that pay period.

46. INDEMNIFICATION FOR ACCIDENTAL OFF-DUTY DISCHARGE OF FIREARMS The City shall indemnify represented employees from any liability claims and costs for personal injury or property damage caused by the accidental discharge of his/her authorized firearm while off-duty provided that:

A. The firearm that was discharged was authorized by the Santa Clara Police Department for use as the regular duty weapon (or as a second weapon) or is the property of the City of Santa Clara and is under the custody, care and control of the employee at the time the firearm was discharged ["firearm"]; and B. The employee was not engaged in an unlawful act at the time the firearm was discharged; or
C. The employee was not legally under the influence of alcohol or illegal drugs at the time the firearm was discharged; or
D. Although off-duty from the Santa Clara Police Department, the employee was acting in the capacity of a police officer as provided by the State of California at the time the firearm was discharged.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

For purposes of the interpretation of this section, "accidental discharge" of the firearm when off-duty (while permitted by law to carry such firearm) is further defined as:

A. The unintentional discharge of the firearm while the employee is carrying it on their person in an appropriate manner; or
B. The firearm is being transported from one location to another; or C. The firearm is being cleaned; or
D. The firearm is being shown to another person where the sole purpose of such use is for display.

47. LAY-OFF POLICY
The need for reduction in force shall be determined by the City Manager as a result of the resource allocation plan adopted by City Council. The determination to reduce the work force shall contain reasons for reduction and a listing of programs which are affected, and the specific City classifications and numbers within each classification which shall be reduced.

In the event the City demonstrates it is necessary to reduce the work force of represented employees, the City agrees to meet-and-consult with the Association at least thirty (30) days prior to any layoff notifications to receive recommendations as to how best to accomplish this process with the least impact on represented employees, and to explore alternatives such as reductions in work hours, freezing of step or 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:

A. ORDER: The order of lay-off shall be as follows:
1) Temporary (as-needed) employees in the classification identified for reduction 2) Probationary employees in the classification identified for reduction 3) Permanent employees in the classification identified for reduction in inverse order of seniority based on hire date within the Police Department as described in Section B, entitled “SENIORITY”.

B. SENIORITY: Seniority shall be determined by the length of current continuous, permanent service within the Police Department regardless of classification in which employed. Continuous service shall be defined as that which has not been interrupted by separation of service from the Police Department. Seniority shall be retained, but shall not accrue, during any period of authorized leave without pay (more than 5 days), except for military leave.

C. NOTICE: When the City determines that it must implement a reduction in work force, notice to the employee shall be in writing at least thirty (30) days prior to the effective MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

date of the lay-off. The Association shall also receive concurrent notification of layoff. The notice of lay-off shall contain the following:
1) Reason for lay-off
2) Effective date of lay-off
3) Opportunity to discuss lay-off with a representative of management 4) Conditions governing re-employment
5) Information regarding Unemployment insurance
D. REASSIGNMENT (BUMPING): Employees identified for lay-off shall have reassignment rights (bumping) to the same classification in a different department or division or to a previously held classification in which the employee attained permanent status based upon seniority with the City of Santa Clara. Employees must exercise these rights by notifying Human Resources, in writing, within seven (7) calendar days after receiving written notification of the lay-off.

An employee who is reassigned to a lower classification as a result of a reduction in force and who was qualified to apply for a promotional examination for a position in the Police Department before being reassigned into the lower classification shall continue to be eligible to apply for a promotional examination for that higher position as long as he/she continues to meet the education and experience requirements for that higher classification.

In the event of lay-off, any employee so affected may elect to:

A. 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.

B. 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.

C. Accept a vacant position in a lateral or lower class for which he/she is otherwise qualified.

D. 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 layoff, 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.

RE-EMPLOYMENT/REINSTATEMENT LISTS
The names of regular or probationary employees laid-off according to this policy will be placed on a Re-employment List for each classification for which the employee is eligible MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

in the inverse order of the lay-off. Individuals’ names will be retained on a Reemployment List for classified positions for the shorter of either two (2) years from the effective date of lay-off or the date on which a laid off employee rejects an offer of reemployment in the classification from which the former employee was laid off.

Employees whose names are on a Re-employment List for classified positions will be notified of other related openings for which testing is scheduled.

In the event an employee accepts reinstatement to a lower class than the one from which laid off, such person's name shall remain on the Re-employment List for reinstatement to the class from which laid off, lateral classes or other higher classes upon which his/her name appears provided such person, except for lack of seniority, would have been otherwise entitled to such lateral class at the time of the most recent lay-off. Laid off persons who are re-employed under this provision shall be re-instated with the same seniority, including leave accrual rates, as at the time they were laid off.

Employees whose names are on a Re-employment List for classified positions will be notified of other related openings for which testing is scheduled.

48. REDUCED WORK WEEK/REDUCED PAY AND 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.

A. REDUCED WORK WEEK/REDUCED PAY
Employees may request a reduced work week schedule (32 hours per week instead of 40 hours per week, for example) at the same hourly rate of pay, subject to the following conditions:
1) With the approval of the Department Head and the City Manager, a binding work schedule as requested by the employee will be developed that may be modified only with the approval of both the City and the employee. 2) More than a 20% reduction of the work week in a pay period will result in proportionate reduction of accrual of sick leave and vacation. 3) 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. 4) Impact on retirement and other benefits will be determined by the application of actual work hours and rates of pay required under each of those programs. 5) Overtime hours will be paid at the straight time rate for hours worked which are less than the employee’s regular daily work schedule or 40 hours per week.

Overtime hours worked in excess of the employee’s regular daily work schedule MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

or more than 40 hours per week will be at the appropriate overtime rate. 6) Cancellation of the employee's participation in the program will be by mutual agreement of the employee and the Department Head, with the approval of the City Manager.

B. VOLUNTARY TIME OFF
Employees may request voluntary unpaid time off under the following conditions:
1) 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.
2) 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.
3) 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. 4) Voluntary time off may be taken without the employee first using all of his/her accrued Compensatory Time Off (CTO).
5) Employee may cancel his/her participation in the program with a notice time agreed upon at the time of the granting of the request which will be sufficient to allow the department head to accommodate the request.
6) 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.

49. REPRESENTATION OF RECRUIT POLICE OFFICER
The Association is the representative organization for the classification of Recruit Police Officer. Employees assigned to this non-sworn classification will be entitled to the benefits assigned to the sworn classifications represented by the Association, except that they will be miscellaneous members of the Public Employees Retirement System (CalPERS) and be covered by Social Security and they will not be accorded the protection afforded sworn employees in the Peace Officers Bill of Rights.

50. ASSOCIATION DUES AND NEW EMPLOYEE ORIENTATIONS
A. DUES DEDUCTION
All employees within the bargaining unit represented by the Association may voluntarily join the Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter “payroll deductions”) as determined by MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their written consent to join and pay dues to the Association. The Association shall certify to the City the identity of such members and the amount of such payroll deductions to be deducted.

The City agrees to deduct the periodic payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Association, or pursuant to an authorization form tendered to the City by either the Association or the employee. All sums deducted by the City shall be remitted to the Association in an expedient manner and at the intervals requested by the Association (i.e., no more than seven (7) calendar days after the deduction), together with a list of names of each employee for whom a deduction was made.

If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.

Notification will be provided to the City’s Payroll Division. Any change, cancellation or deduction request received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.

The Association shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any claims, demands, lawsuits, or any other action arising from the operation of this Section. The City shall promptly provide the Association with notice of any such claim, demand, lawsuit, or any other similar action arising from the operation of this Section.

B. NEW EMPLOYEE ORIENTATION
The City shall provide the Association with reasonable advance notice of the start date of any new hire to a represented classification. The City shall provide the Association with an exclusive 30 minute meeting with any new employee or group of employees covered by this MOU, during the employee(s)’ the first week of employment). The specific date, time, and location of the 30 minute Association meeting with new employees will be coordinated by the Chief of Police and the President of the Association.

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

52. ALTERNATE WORK SCHEDULE
During the term of this agreement, the POA may propose an alternate work schedule.

Such proposal must be made in accordance with City Manager Directive #71 and submitted to the Chief of Police. Consideration will be given as to the feasibility of such MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

proposal pursuant to the evaluation criteria contained in CMD #71. 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.

If the City discontinues an alternate work schedule that has been adopted pursuant to this section and City Manager Directive #71, the represented employees so assigned will return to the regular work schedule that was in place prior to the implementation of the schedule that is being discontinued.

53. 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.

54. WORK ACTIONS
The Association recognizes and agrees that it does not have the right to strike. The Association, including its members and representatives, will not engage in, authorize, sanction, or support any work slowdown, stoppage of work, curtailment of production, “sick-out,” or “blue flu action” for the purpose of influencing management decisions or labor negotiations.

55. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per 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.

56. NEXT MEMORANDUM OF UNDERSTANDING PROPOSALS
The Association and the City will commence negotiations on a successor MOU for the term commencing at the expiration of this MOU no later three months prior to the expiration of this MOU.

57. EMPLOYEE RIGHTS
All rights, privileges and working conditions enjoyed by the classifications represented herein, as defined in Personnel and Salary Resolution No. 09-7650, dated July 14, 2009, and City of Santa Clara Resolution No. 2979, entitled "Employer-Employee Relations" MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

dated December, 1972, and other City resolutions, if any, dealing with employee rights and benefits shall not be reduced during the terms of this MOU except in accordance with the provisions of this MOU.

For the duration of this MOU, except as provided herein, the wage, fringe benefits, and other terms and conditions of employment, whether written or unwritten provided members of the Police Officers Association shall not be reduced or otherwise altered except by mutual agreement between the Management of the City of Santa Clara and representatives of the Police Officers Association.

58. MANAGEMENT RIGHTS
Subject to State law and the provisions of City of Santa Clara Employer-Employee Relations Resolution, 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; direct its employees; establish and enforce dress and grooming standards; 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 operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments 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 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. 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 confirmed on and vested in it by the laws and Constitution 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 Santa Clara Police Officers Association, shall be in accord with this MOU to the extent that they do not violate any of the reserved duties, responsibilities and obligations confirmed on and vested in it by the laws, Charter of the City, Constitutions of the State of California, and the United States of America.

59. SCOPE OF THIS MEMORANDUM OF UNDERSTANDING
The parties acknowledge that during the meetings which preceded this MOU, each had MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

the unlimited right and opportunity to make demands and proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU. Therefore, for the life of this MOU, the City and the Association voluntarily and unqualifiedly waive the rights and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter not referred to or covered in this MOU, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they met and signed this MOU.

Notwithstanding the foregoing, however, in the event any portion of this MOU is declared null and void by superseding Federal, State or City law, the balance of this MOU shall continue in full force and effect, and the parties shall immediately commence the meet and confer process to ensure that the superseded portions shall be rewritten to conform as nearly as possible to the original intent.

The City further reserves the right to consider required organizational and operational changes in the economical and efficient operation of the Department whenever existing or future statutes bring about additional monetary costs.

Nothing in the foregoing shall prevent the parties to this agreement from meeting-andconferring during the term of this MOU in matters of mutual concern. Such meeting-andconferring shall be established and continued by mutual consent only. If, after meeting and conferring between the management representatives and the majority employee representatives, no agreement has been reached; such items under discussion shall remain unchanged.

FOR THE CITY OF SANTA CLARA FOR THE SANTA CLARA POLICE
OFFICERS’ ASSOCIATION
___________________________________ ___________________________________ Edward KreisbergCharles Sakai Peter Hoffmann
Lead Negotiator Lead Negotiator
Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Dan MorenoAracely Azevedo Alex TorkeJeremy Schmidt
Police CaptainDirector of Human Resources President,
Santa Clara POA
Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Teresia Zadroga-HaaseWahid Kazem Luke
EricksonJames Wright
Director of Human ResourcesAssistant Chief of Police Vice President, Santa Clara POA
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2018-2021-2025)

Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Aracely AzevedoRichard Fitting Eric LagergrenJordan
Fachko
Assistant Director of Human ResourcesPolice Captain
Board Member, Santa Clara POA
Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Marco Mercado Tyson
ShearerLuke Erickson
Assistant Director of Human Resources Board
Member, Santa Clara POA
Date: ____________________________ Date:
____________________________
___________________________________
Mark BarryAshley Lancaster
Santa Clara POAHuman Resources
Division Manager
Date: ____________________________
APPROVED:
___________________________________
Deanna J. SantanaRajeev Batra
City Manager
Date: ____________________________
APPROVED BY THE CITY COUNCIL ON: _______________________________ ATTEST:
___________________________________
City Clerk

MEMORANDUM OF

UNDERSTANDING
between

CITY OF SANTA CLARA
and

POLICE OFFICERS ASSOCIATION
UNIT 2
DECEMBER 19, 2021 – DECEMBER 31, 2025
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)
- ii -

1. TOTAL COMPENSATION (SUSPENDED FOR THE TERM OF THIS MOU)...........6

2. WAGE ADJUSTMENT (ADJUSTMENT OF TOTAL COMPENSATION METHOD SUSPENDED FOR THIS MOU)...............................................................................7

3. CHANGES IN ASSIGNMENTS ..............................................................................12

4. CHEMICAL TESTING ............................................................................................12

5. MOTORCYCLE CLEANING...................................................................................14

6. HOLIDAY PAY .......................................................................................................14

7. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ......................................14

8. BEREAVEMENT LEAVE........................................................................................15

9. LIGHT BODY ARMOR ...........................................................................................16

10. UNIFORM ALLOWANCE .......................................................................................16

11. CITY PURCHASE OF DEPARTMENT BADGES ...................................................17

12. PSYCHOLOGICAL COUNSELING ........................................................................17

13. OFFICERS’ STATUS WHILE UNDER INVESTIGATION .......................................18

14. VACATION ACCRUAL AND USAGE .....................................................................19

15. COURT CALLBACK POLICY.................................................................................20

16. OVERTIME PAY ....................................................................................................20

17. DOUBLETIME PAY................................................................................................21

18. REST PERIOD FOLLOWING EMERGENCY WORK.............................................22

19. NIGHT SHIFT DIFFERENTIAL...............................................................................22

20. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA).......................22

21. RETIREE MEDICAL REIMBURSEMENT BENEFIT...............................................23

22. PREMIUM PAY......................................................................................................23

23. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE ............25

24. ON-CALL PAY .......................................................................................................25

25. PUBLIC INFORMATION OFFICER/EXPLORER COORDINATOR PAY ................26

26. ARMORER COMPENSATION ...............................................................................26

27. BILINGUAL PAY ....................................................................................................26

28. RECRUITMENT INCENTIVE .................................................................................27

29. TEMPORARILY WORKING IN A HIGHER CLASSIFICATION...............................27

30. UNIFORMITY OF SALARY STEPS........................................................................27

31. STEP INCREASE EFFECTIVE DATE....................................................................28

32. TRAVEL COMPENSATION FOR TRAINING .........................................................28

33. TRAVEL COMPENSATION WHILE ON EXTRADITION ASSIGNMENT................29

34. PER DIEM..............................................................................................................29

35. CANINE CARE.......................................................................................................29

36. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS)..........29

37. HEALTH INSURANCE ...........................................................................................29

38. DENTAL INSURANCE ...........................................................................................34

39. VISION INSURANCE.............................................................................................34

40. DEFERRED COMPENSATION..............................................................................35

41. ASSIGNMENT BID SYSTEM .................................................................................35

42. 10 PLAN.................................................................................................................35

43. LIMITED/ALTERNATIVE DUTY .............................................................................35

44. EMERGENCY PAID LEAVE POOL........................................................................36

45. ACCRUAL OF SICK LEAVE WHILE ON LABOR CODE 4850 BENEFITS.............38

46. INDEMNIFICATION FOR ACCIDENTAL OFF-DUTY DISCHARGE OF FIREARMS.. ..........................................................................................................................38

47. LAY-OFF POLICY..................................................................................................38 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)
- iii -

48. REDUCED WORK WEEK/REDUCED PAY AND VOLUNTARY TIME OFF (VTO).40

49. REPRESENTATION OF RECRUIT POLICE OFFICER..........................................42

50. ASSOCIATION DUES AND NEW EMPLOYEE ORIENTATIONS ..........................42

51. DOMESTIC PARTNERS........................................................................................43

52. ALTERNATE WORK SCHEDULE..........................................................................43

53. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE SECTION 125.........43

54. WORK ACTIONS...................................................................................................44

55. PAY PERIODS.......................................................................................................44

56. NEXT MEMORANDUM OF UNDERSTANDING PROPOSALS..............................44

57. EMPLOYEE RIGHTS.............................................................................................44

58. MANAGEMENT RIGHTS .......................................................................................44

59. SCOPE OF THIS MEMORANDUM OF UNDERSTANDING ..................................45 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)
- iv -
Alphabetical Table of Contents
10 PLAN........................................................................................................................30 ACCRUAL OF SICK LEAVE WHILE ON LABOR CODE 4850 BENEFITS....................33 ALTERNATE WORK SCHEDULE.................................................................................38 ARMORER COMPENSATION......................................................................................24 ASSIGNMENT BID SYSTEM ........................................................................................30 ASSOCIATION DUES ANDNEW EMPLOYEE ORIENTATIONS ..................................37 BEREAVEMENT LEAVE...............................................................................................14 BILINGUAL PAY ...........................................................................................................24 CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ............... 27 CANINE CARE..............................................................................................................26 CHANGES IN ASSIGNMENTS.....................................................................................11 CHEMICAL TESTING ...................................................................................................11 CITY PURCHASE OF DEPARTMENT BADGES ..........................................................16 COURT CALLBACK POLICY........................................................................................19 DEFERRED COMPENSATION.....................................................................................30 DENTAL INSURANCE..................................................................................................30 DOMESTIC PARTNERS...............................................................................................38 DOUBLETIME PAY.......................................................................................................20 EMERGENCY PAID LEAVE POOL...............................................................................31 EMPLOYEE RIGHTS....................................................................................................39 FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE SECTION 125................39 HEALTH INSURANCE..................................................................................................27 HOLIDAY PAY ..............................................................................................................13 INDEMNIFICATION FOR ACCIDENTAL OFF-DUTY DISCHARGE OF FIREARMS.....33 LAY-OFF POLICY.........................................................................................................34 LIGHT BODY ARMOR ..................................................................................................15 LIMITED/ALTERNATIVE DUTY....................................................................................30 MANAGEMENT RIGHTS..............................................................................................40 MOTORCYCLE CLEANING..........................................................................................13 NEXT MEMORANDUM OF UNDERSTANDING PROPOSALS ....................................39 NIGHT SHIFT DIFFERENTIAL .....................................................................................21 OFFICERS’ STATUS WHILE UNDER INVESTIGATION ..............................................17 ON-CALL PAY ..............................................................................................................23 OVERTIME PAY ...........................................................................................................19 PAY PERIODS..............................................................................................................39

PEACE OFFICER STANDARDS AND TRAINING (POST) INTERMEDIATE CERTIFICATE...............................................................................................................22 PER DIEM.....................................................................................................................26 PREMIUM PAY.............................................................................................................22 PSYCHOLOGICAL COUNSELING ...............................................................................16 PUBLIC INFORMATION OFFICER/EXPLORER COORDINATOR PAY .......................23 RECRUITMENT INCENTIVE ........................................................................................24 REDUCED WORK WEEK/REDUCED PAY AND VOLUNTARY TIME OFF (VTO)........36 REPRESENTATION OF RECRUIT POLICE OFFICER ................................................37 REST PERIOD FOLLOWING EMERGENCY WORK....................................................20 RETIREE MEDICAL REIMBURSEMENT BENEFIT......................................................21 SCOPE OF THIS MEMORANDUM OF UNDERSTANDING .........................................40 SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE .............................................13 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)
- v -
STEP INCREASE EFFECTIVE DATE...........................................................................25 TEMPORARILY WORKING IN A HIGHER CLASSIFICATION......................................24 TOTAL COMPENSATION (SUSPENDED FOR THE TERM OF THIS MOU)..................6 TRAVEL COMPENSATION FOR TRAINING ................................................................25 TRAVEL COMPENSATION WHILE ON EXTRADITION ASSIGNMENT.......................26 UNIFORM ALLOWANCE..............................................................................................15 UNIFORMITY OF SALARY STEPS ..............................................................................25 VACATION ACCRUAL AND USAGE............................................................................18 VISION INSURANCE....................................................................................................30 VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) .............................21

WAGE ADJUSTMENT (ADJUSTMENT OF TOTAL COMPENSATION METHOD SUSPENEDED FOR THIS MOU)....................................................................................7 WORK ACTIONS..........................................................................................................39

MEMORANDUM OF UNDERSTANDING
between

CITY OF SANTA CLARA
and
POLICE OFFICERS ASSOCIATION, UNIT # 2
December 19, 2021 – December 31, 2025

In accordance with the provisions of Section 18 of the City of Santa Clara Resolution #2979, entitled "Employer-Employee Relations", this Memorandum of Understanding (MOU) constitutes the results of discussions between the City Management Staff (City) and the formally recognized representatives of the Santa Clara Police Officers Association (Association) on all matters within the scope of representation December 19, 2021 through December 31, 2025 for the classifications of Police Officer, Police Sergeant, Police Lieutenant, and Police Recruit.

It is hereby proposed and recommended that the City Council adopt the following, effective as indicated:

1. TOTAL COMPENSATION (SUSPENDED FOR THE TERM OF THIS MOU) A. For the purposes of this agreement, total compensation is defined to include the following items:
1) Salary
2) Fringe Benefits:
a. Retirement**
b. Holiday Pay*
c. Vacation Pay*
d. Uniform Allowance**
e. Mandatory Health Ins**
f. PERS Health Fund**
g. Other Pay
h. Retiree Medical
i. VEBA
j. Deferred Compensation
3) Insurance
a. Life
b. Health
c. Dental
d. Vision
e. Psychological Counseling
B. Total compensation as defined above will be determined by computing the total compensation at such time as to permit salary changes for the upcoming MOU year afforded similarly represented classifications of Police Officer in comparable agencies of Palo Alto, Hayward, Milpitas, Redwood City, and Mountain View (benchmark classification) and obtaining the total compensation afforded those comparable agencies.

C. It will be a requirement of the Association to allocate each year in advance, in accordance with the attached tabular description, and consistent with this MOU, the distribution of total compensation monies within the following element areas as noted in Section 1A: 1) salary, 2) fringe benefits, 3) Mandatory Health Allocation/dental/counseling as described in section 36, and 4) medical insurance **Movement allowed only under the provisions
agreed to in this or existing MOU’s.
*These elements are directly tied to salary
and move as a function of salary. No
independent movement is allowed in these
element areas.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

premiums, subject to the requirement that the amount of the Kaiser single health insurance premium, including the Public Employees Medical and Hospital Care Act (“PEMHCA”) minimum, be included in the mandatory section of the total compensation array. Distribution of total compensation monies is to be made based upon: 1) the total compensation array for the benchmark classification, and 2) the maximum premiums payable by the City, and not actual premiums to be paid by City, except as noted elsewhere in this MOU.

D. The total compensation allocation currently in effect, including the City's mandatory contribution rate to the Public Employee's Retirement System (CalPERS), will be the total compensation allocation upon which subsequent adjustment of total compensation is to be based and will be referred to as Base Total Compensation.

2. WAGE ADJUSTMENT (ADJUSTMENT OF TOTAL COMPENSATION METHOD

SUSPENDED FOR THIS MOU)
A. The following language concerning the 12/15-12/16 MOU year from the 12/14 – 12/16 MOU is retained as a historical reference to show how the City and the Association in certain past years have addressed changes in the employer CalPERS retirement rate, including on the Salary Adjustment Form, have utilized a benchmark classification of Police Officer, and adjusted represented employees’ total compensation using certain specified survey agencies.
12/15 – 12/16 MOU YEAR. Effective retroactive to December 25, 2015, there will be a 3.1% salary increase for all represented classifications. The City will pay the full CalPERS employer rate increase from FY 2014 - 15 to FY 2015 – 16 during the 2015-16 fiscal year so this increase will not have an adverse impact on salary. The City also will pay any increase in the cost of the Kaiser employee only rate for the 2016 calendar year so this increase will not have an adverse impact on salary.

In addition to the 3.1% salary increase described in the prior paragraph, the City shall prepare a survey of the average total compensation as of October 1, 2015 of agreed-upon survey agencies using the benchmark classification of Police Officer as set forth in Section 1.B. Other than the survey agencies used, the methodology shall be the same as used in the negotiations for tis 12/14-12/16 MOU. The City shall provide the survey information to the Association along with the percentage a Santa Clara Police Officer is above or below the survey average as of October 1, 2015 by November 30, 2015.If the total compensation on the survey for a Step 5 Santa Clara Police Officer is less than 5% above the survey average of total compensation in effect for the survey agencies as of October 1, 2018, the City will provide a further salary increase to represented employees equal to the amount needed to place Step 5 Santa Clara Police Officer at 5% above the survey average. If a Step 5 Santa Clara Police Officer is equal to or more than 5% above the survey average as of October 1, 2015, no further adjustment in salaries will be made (i.e. there will not be a downward adjustment).

If a comparing agency adopts a total compensation adjustment after the City has adopted and implemented the total compensation allocation/salary adjustment form for the 2015 calendar year, and the effective date of the comparing agency’s subsequently adopted total compensation adjustment is made effective on or before October 1, 2015, the City will re-calculate the percent that was needed to place a MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

Step 5 Police Officer at 5% above the survey average as of October 1, 2015 and adjust represented employees’ salaries accordingly.

Any recalculations prompted by the foregoing provisions will not entitle the Association to make any change in allocations to the total compensation array [i.e.

Salary Adjustment Form] as specified in Item 1C of this agreement.

B. All surveys shall use data known and/or ascertainable based upon labor agreements approved by the agency’s city council no later than December 1st, and to be effective on or before January 1st of the following calendar year.

C. Wage Increases
1) Effective December 19, 2021, all salary ranges in classifications assigned to the Association shall remain status quo.
a. 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 nonpensionable 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.
2) Effective December 25, 2022 (the first pay period of calendar year 2023), all salary ranges in classifications assigned to the Association shall remain status quo.
3) Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to the Association shall be increased by approximately 5.0%.
4) Effective the first pay period of calendar year 2025, all salary ranges for employees holding positions in classifications assigned to the Association shall be increased by approximately 4.0%.

D. (SUSPENDED FOR THE TERM OF THIS MOU) Prior to February 1 of each year of this MOU, if it is determined by the Santa Clara Police Officers Association and representatives of Management of the City of Santa Clara, that any of the classifications represented by the Association are 2.5% below the survey average in salary after the common salary adjustment afforded on the dates specified in Sections 2.B. and 2.C, the City of Santa Clara shall adjust such classifications to the nearest salary range to bring them as close as possible to 2.5% above the survey MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

average of the current salary schedule in effect for classified police. This adjustment will become effective the first day of the first full pay period in February of each year.

E. There will be no retirement enhancements during the term of this MOU.

F. (SUSPENDED FOR THE TERM OF THIS MOU) It will be the prerogative of the Association to allocate, during the term of this MOU, total compensation monies among the element areas as defined in the foregoing. Specific retirement benefits, excluding City’s payment of all or part of the represented employee’s share of CalPERS contributions, as may be allowed by the Public Employees Retirement System may be added or deleted subject to the following conditions. 1) All such changes will have equal application to all public safety personnel, including eligible members of the Fire Department, if the modification will increase the City contribution rate for public safety employees. 2) The Association will assume the responsibility of coordinating with the eligible members of the Fire Bargaining Units and Police Management Unit any desired retirement modifications prior to submission to the City, and be prepared to ensure the City, in writing, that such modifications are consistent with the wishes of the majority of eligible personnel in each of the Public Safety Units. 3) A minimum of nine (9) calendar months advance notice will be given the City, in writing, specifying the nature of the desired changes.
4) Any cost associated with obtaining the proposed retirement benefit such as actuarial valuations or administrative expenses imposed by CalPERS shall be paid by the Police and Fire units. Before any such costs are incurred, representatives of one of the two units must assume the responsibility of reimbursing the City for all related costs upon demand.

G. 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 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 MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

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.

POLICE OFFICERS ASSOCIATION DEFINITIONS

1. Top Step Salary - Maximum step in the monthly salary range for the Police Officer classification (excluding
longevity steps). Since Palo Alto as of the time
of this agreement incorporates
Certification/Education pay into base pay, the
top step for salary for Palo Alto to be used in
the survey should reflect that practice and the
value for certification/education pay elsewhere
in the survey shall have a value of zero. Also,
since Redwood City’s career incentive is
treated as the separate classification of “Police
Officer – Advanced,” the top step salary for
Police Officer – Advanced shall be used on the
survey, with the value of zero used for longevity
for Redwood City.

2. Life, Health, Dental, Vision,
LTD, VEBA, Retirement
Medical and other Insurance -
Maximum agency monthly contribution per
employee to insurance premiums as defined in
Item 1A3 and 36 plus maximum agency
monthly contribution to other fringe benefit
insurance premiums. For retiree medical, for
Redwood City (and if applicable to other survey
agencies moving forward), the maximum
amount to which an active employee would be
entitled upon a service retirement. For VEBA,
the City’s total VEBA contribution shall be
$100/month.

3. Retirement - Maximum agency monthly contribution to
retirement for which any current employee or
retiree may be eligible. The survey calculation
should reflect classic total pension cost as a
percentage of pay (per CalPERS) multiplied by
pensionable pay items for classic employees
(i.e. base pay, longevity, certificate/education
pay, holiday pay, and uniform allowance).

Deferred compensation will be factored
separately from pension contributions.

Once 60% or more of the Association
membership is PEPRA and not Classic, the
survey calculation should reflect the PEPRA
total pension cost as a percentage of pay (per
CalPERS) multiplied by pensionable pay items
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

for PEPRA employees (i.e. base pay, longevity,
certificate/education pay, and holiday pay).

4. Holiday Pay - Number of paid holiday hours allowed by agency per year times hourly salary rate of
classification, 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
hourly salary rate for classification divided by

12. The “hourly salary rate” for the survey for
purposes of vacation should include the base
pay rate, longevity, and certificate/education
pay.

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 recurring
nature or become part of their compensation
base. The survey should include education
incentive pay, longevity and career incentive
pay, and uniform allowance. Where agencies
provide both education and POST certificate
pay, such as Hayward does currently, that
amount should be included. Regarding uniform
allowance for Palo Alto and Redwood City,
since these agencies both provide and maintain
uniforms, this benefit is a value added service
to the employees that is reported as
pensionable income for classic employees.

Accordingly, the amount reported to CalPERS
by Palo Alto (confirmed by Palo Alto HR) and
the amount reported to CalPERS by Redwood
City (specified in MOU) shall be included in the
total compensation survey.

7. Psychological Counseling - Actual dollar amount paid for this service during the prior fiscal year divided by the number of
budgeted employees divided by 12.

8. POST and CIT Premium Pay - Monthly amount paid for Advanced POST Certificate and Crisis Intervention Training
(CIT).

9. Total Compensation - The sum of Items 1 through 8 above.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

POLICE OFFICERS ASSOCIATION

TABULAR DESCRIPTION OF

ADJUSTMENT OF TOTAL COMPENSATION
December 2014 and December 2015 Association provides City with total compensation allocation to be in effect for the
forthcoming calendar year.

December 2014 and December 2015 City adopts total compensation allocation as presented by Association and develops
salary schedule to be in effect for the
forthcoming calendar year.

3. CHANGES IN ASSIGNMENTS
It is the policy of the Chief of Police that job assignments and/or shifts for represented employees will be changed upon reasonable notice. Reasonable notice shall be deemed to be at least fourteen (14) calendar days prior to implementation of the change in assignment and/or shift.

Shift and assignment vacancies within the Police Department will be filled based primarily on Departmental needs, merit and seniority. Factors to be considered will include, but will not necessarily be limited to, work performance, adaptability, relationships with people, attendance and previous training.

Some assignments may require special abilities, work experience or education. These additional factors will also be considered when filling assignments identified as being more specialized.

If persons seeking the same assignments or shift are reasonably equal in the above listed factors, seniority will determine the final selection.

Shift and assignment vacancies will be open to all qualified employees. Adjustments within a Division may be made prior to a vacancy announcement.

All assignments and shift selections will be made by the Chief of Police.

4. CHEMICAL TESTING
It is the policy of the City of Santa Clara, the Santa Clara Police Department and the Association to provide and maintain a drug and alcohol free work environment for all employees. The above parties recognize and agree that the duties, responsibilities and actions of a police officer may expose the City, the Department and its employees to possible civil or criminal liabilities in the area of drug and alcohol use. In order to address the above concerns, all parties agree as follows:

It will be the responsibility of any represented employee to comply with the Santa Clara Police Department policy on drug and alcohol use, and pursuant thereto, to submit to a blood test as appropriate and chosen by the involved employee when ordered by the Chief of Police or his/her designee. A breath test may be chosen if only alcohol is MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

suspected. All chemical testing shall be administered in a medically approved manner and as soon as practical after being ordered, but no later than six (6) hours after the incident in the case of subsection A, B, C, or D listed below, whether the employee is onduty or off-duty at the time of the occurrence whenever any of the following occur:

A. Any incident in which a firearm is discharged by an employee, acting under the color of authority, and death or serious injury is likely to occur. Furthermore, unless the death or serious injury of another occurs, this section will not apply to incidents in which a firearm is discharged accidentally, as a warning shot, or at a dangerous or suffering animal. For the purpose of this section, the use of an extended range impact weapon is not defined as a firearm discharge unless used as deadly force.

B. Any intentional use of any other deadly or dangerous weapon by an Officer, or an intentional act on the part of an Officer, which proximately causes the death or, or injury likely to produce death to another.

C. Any traffic accident involving an employee operating a City-owned vehicle which results in death of another or any traffic accident involving an employee operating a City-owned vehicle which results in an injury likely to produce death to another and the employee appears to be the proximate cause of the accident.

D. Any incident where the Chief of Police or his/her designee has a reasonable belief based upon objective symptoms that an employee is in violation of the departmental policy on drug or alcohol use. The verbal order to submit to a chemical test shall set forth the reasons for the test(s) and shall be followed at the time the test is administered by a written statement of the order.

E. Any incident where the Chief of Police or his/her designee develops reasonable suspicion that an employee has used illegal drugs. Reasonable suspicion will be defined as that quantity of proof or evidence that is more than a hunch, but less than probable cause and must be based on objective and articulable facts sufficient to lead a reasonable, prudent supervisor to suspect that an employee has used illegal drugs.

The following examples, alone or in combination, may constitute reasonable suspicion:
1) A pattern of documented abnormal or erratic behavior that indicates potential drug use;
2) Direct observation of drug or alcohol use by a reliable and credible source; 3) Corroborated information provided by a reliable and credible source that an employee has engaged in illegal drug use, the identity of which source shall be available to the employee and the Association.

F. Employees being assigned to or being rotated out of specific assignments shall be subject to drug testing at the beginning and at the end of such assignments. These assignments include the Santa Clara County Special Enforcement Team (SCCSET) and the Drug Enforcement Agency (DEA) task force.

Demands for drug or alcohol analysis by supervisors which are determined to be malicious will not be tolerated and may subject the directing individual to disciplinary MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

action.
"Designee" is defined as any sworn Santa Clara Police Officer with the rank of Assistant Chief, Captain, Lieutenant or Sergeant.

In the event any portion of the Chemical Testing policy herein described in this MOU is in conflict with any non-negotiated policy, procedure, manual or directive, including the Police Operations Manual, the provisions of this MOU shall prevail.

Nothing is this section shall prevent any represented employee from voluntarily requesting or providing a chemical sample if deemed appropriate by the employee.

5. MOTORCYCLE CLEANING
Regular, on-duty time will be allowed for the cleaning of motorcycles, as assigned by the supervisor.

6. HOLIDAY PAY
The number of hours per year for holiday pay is 104 hours (equivalent to 13 work days based on eight (8) hours per day) for all represented employees.

Effective the first full pay period after ratification by Association membership and approval by City Council of this MOU, employees shall receive approximately 7.5% as holiday-in-lieu compensation.

7. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. SICK LEAVE
1) Employees shall accrue ninety-six (96) hours of sick leave per calendar 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) Vacation and CTO may be used to supplement sick leave as available. 3) Sick leave will have an unlimited accrual for use. However, payment of sick leave at retirement will be limited to a maximum of 1,500 hours. For employees who have accumulated more than 1,500 hours, the employee shall not be permitted to receive payment at retirement for more than the hours they had on the books as of January 1, 2004, plus 1,500 hours.
4) Upon retirement, an employee with at least fifteen (15) years of City service shall be entitled to payment for a portion of their accumulated sick leave balance, as follows:
a. An employee with 15 years of City service shall be entitled to be paid 25% of the sick leave accumulated.
b. An employee with 20 years of City service shall be entitled to 50% of the sick leave accumulated.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

c. An employee with 25 years or more service shall be entitled to 75% of the sick leave accumulated.

In lieu of receiving a sick-leave cash payout at retirement, the Association may vote to roll accrued sick leave hours into the employee’s Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of sick leave to their VEBA accounts.

B. FAMILY SICK LEAVE
1) Not more than fifty-six (56) 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, unless the use of additional leave is approved by the City Manager or designee. “Immediate 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-in-law, 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 thirty-two (32) 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.

Requests to use personal leave shall be requested and may be granted or denied the same as vacation use requests.

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. Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of the death of a parent (including step, adoptive and in-law), child (including step, adoptive and in-law), sibling (including step, adoptive and in-law), spouse or domestic partner; up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent (including step, adoptive and in-law), grandchild (including step, adoptive and in-law), aunt (including step, adoptive and in-law) or uncle (including step, adoptive and in-law); and up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of their own or a step, adoptive, or in-law great-grandparent, great-aunt, great-uncle, great-grandchild, niece, nephew, or first cousin.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

B. The bereavement leave benefit is based on each death occurrence and is not charged through the total compensation model.

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

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

9. LIGHT BODY ARMOR
All currently issued light body armor and vest carriers shall be replaced at City expense five (5) years from the date of issue.

New or replacement body armor shall be a minimum of a Threat Level #3A classification and shall be replaced by the City upon the expiration of the manufacturer's warranty for that unmodified dealer issued unit. Any represented employee may purchase a vest of his/her choice provided that it meets or exceeds the City's warranty and protection requirement; however, the employee must bear the difference in cost between the allocation provided and determined by the City and the actual cost of the vest of his/her choice. All body armor issued to represented employees shall be new and custom fitted to the individual officer. The City will also provide and replace vest carriers consistent with Departmental standards. Unit members may purchase vest carriers of their own choice so long as they meet the Department’s minimum standards; however, the employee must pay the difference in cost between the actual cost of the vest carrier and Departmental allocation for vest carriers.

Body armor and vest carriers damaged in the course and scope of employment shall be replaced immediately if determined to be unserviceable, or otherwise requiring replacement in the opinion of the Department. Body armor and vest carriers damaged by misuse or gross negligence shall be replaced subject to a pro rata formula based upon the manufacturer's warranty (e.g., if a vest is damaged by misuse after 3 years, the Department will pay 60% (3/5) of the Departmental allocation towards a replacement vest and the employee will be responsible for the remainder of the replacement cost).

All body armor and vest carriers, regardless of the purchaser, shall remain the property of the City.

The employee is required to wear this equipment whenever he/she is performing general law enforcement duties outside the Police Administration Building and in uniform.

10. UNIFORM ALLOWANCE
A. The City will provide a uniform allowance of $600 per year. Effective the first pay period of calendar year 2022, the uniform allowance will be paid on the first two (2) pay periods of every month.

B. The City shall provide for the repair of or replacement, based on the remaining useful life of the uniform article, damaged while actively engaged in the line of duty.

C. The City shall provide, but retain ownership of, the following safety and special equipment, at no cost to the employee:

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

1) Duty handgun with three magazines and flashlight
2) OC Spray
3) One or two pairs of Handcuffs
4) 26-inch Baton and/or Collapsible Baton
5) Complete light weight synthetic basket-weave style gear including trouser belt, duty belt, holster, equipment holders, key strap and keepers 6) Flashlight and holder
7) Whistle
8) Approved Gas Mask with carry bag
9) Kevlar Helmet with face shield
10) Protective vest as outlined in Section 9 (Light Body Armor) 11) Conducted Electrical Weapon with holster and spare cartridge 12) Load Bearing Vest (including reimbursement up to $500 upon showing a receipt or appropriate documentation for those that purchased a load bearing vest prior to Council approval of the 2016-18 MOU)
D. For employees assigned to motorcycle duty, the City shall provide, but retain ownership of, the following safety and special equipment, at no cost to the employee:
1) Motorcycle riding boots
2) Motorcycle riding breeches
3) Summer and winter gloves
4) Clear safety glasses
E. All safety equipment supplied by the City damaged while actively engaged in the line of duty shall be replaced at no cost to the employee. Additionally, all safety equipment rendered unserviceable by normal wear and tear will be replaced at no cost to the employee.

F. The City shall provide each employee a rain jacket and pants, and a set of BDUs with name tags and patches. If they subsequently are rendered unserviceable due to normal wear and tear, the employee is responsible to replace them. The City will replace them at no cost to the employee if damaged while actively engaged in the line of duty.

11. CITY PURCHASE OF DEPARTMENT BADGES
For any represented employee, the City will purchase and provide the employee's badge to the employee's survivors, providing such employee has separated from City service by reason of death in the line-of-duty.

12. PSYCHOLOGICAL COUNSELING
A represented employee may avail him/herself of a City designated psychologist or psychiatrist for stress counseling. It is understood between the parties that such counseling sessions will be confidential on a patient/doctor relationship with the following exception. If, in the opinion of the psychologist/psychiatrist, the employee being counseled represents a hazard to him/herself in the performance of his/her duties, or to others, such information will be provided the Chief of Police or designee on a confidential basis. It is further understood that such information may be the basis for the MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)