Scotts Valley City Council
August 21, 2024

AGENDA
Meeting of the
Scotts Valley City Council
In-Person and Remote Access
Date: August 21, 2024
Time: 6:00 PM

CONTACT

INFORMATION

MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA 95066
(831) 440-5600
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
OR
Zoom Video Conference
https://us02web.zoom.us/j/83295730901
Agenda posted on 8-16-
2024 at City Hall, SV
Senior Center, SV Public
Works Building, and on the
Internet
at: www.scottsvalley.gov

ELECTED OFFICIALS CITY STAFF MEMBERS
Randy Johnson, Mayor
Derek Timm, Vice Mayor
Jack Dilles, Council Member
Donna Lind, Council Member
Allan Timms, Council Member
Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Allison Pfefferkorn, Recreation Division
Manager
Cathie Simonovich, City Clerk

MEETING NOTICE AND AGENDA PACKET MATERIALS
Notice regarding City Council Meetings:

The City Council meets regularly on the 1st and 3rd Wednesday of each month at 6:00 PM in the City Hall Council Chambers located at 1 Civic Center Drive, Scotts Valley, CA 95066, and via Zoom Webinar remote access.

Agenda and Agenda Packet Materials:

The City Council agenda and the complete agenda packet are available for review by 5:00 PM the Friday before the Wednesday meeting on the Internet at the City’s website:
www.scottsvalley.gov and in the lobby of City Hall at 1 Civic Center Drive, Scotts Valley, CA.

Pursuant to Government Code §54957.5, materials related to an agenda item, submitted after distribution of the agenda packet, are available for public inspection in the lobby of City Hall during normal business hours, Monday-Friday, 8am-12 pm and 1-5 pm. In accordance with AB 1344, such documents will be posted on the City’s website at www.scottsvalley.gov.

Public Participation:

The meeting will be available on Zoom and livestreamed to the City of Scotts Valley’s YouTube channel: https://www.youtube.com/@cityofscottsvalley For those wishing to participate via Zoom you can join the following ways:

Zoom Webinar meeting link: https://us02web.zoom.us/j/83295730901 Or dial one of these numbers: (669) 900-9128 or (669) 444-9171

City Council Meeting Agenda Page 2
Date: August 21, 2024
Webinar ID: 832 9573 0901
Whether attendance is in-person or remote, you will be given opportunities to provide public comment at the appropriate times throughout the meeting. The time limit is up to 3 minutes for an individual, or 5 minutes for someone who is representing a group of three or more, at the discretion of the Mayor. Please note that this is not a question-and-answer time, but simply a time to provide comments to the Council. At the appropriate times during the meeting for public comment, on items not on the agenda, and on specific agenda items, the Mayor will announce that public comment will be accepted.

How to comment via in-person attendance:

Please proceed to the public comment podium when the Mayor opens the item for public comment.

How to comment via Zoom Webinar:

Use the webinar attendee option to “raise hand” when the Mayor opens the item for public comment. The Clerk will unmute you when it is your turn. If you have joined via Zoom phone call, dial *9 or your phone to “raise your hand”, and the Clerk will unmute you when it is your turn.

CALL TO ORDER 6:00 PM
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE

ROLL CALL

SPECIAL SET MATTER

1. Oral Health Access Santa Cruz County 2024-2028 Strategic Plan

COMMITTEE REPORTS
Council members are appointed to committees which are either City committees or committees dealing with other jurisdictions. This portion of the agenda allows the committee member to present oral or written reports to the Council regarding their committee assignments. It also allows the Council to make comments and give the committee member direction, as required.

CITY MANAGER REPORT

PUBLIC COMMENT TIME
This is the opportunity for individuals attending in person to make oral comments to the Council on any items within the purview of the Council, which are NOT part of the Agenda. No

City Council Meeting Agenda Page 3
Date: August 21, 2024
action on the item may be taken, but the Council may request the matter be placed on a future agenda. Written public comment may be emailed to the City Clerk by 5:00 PM on the day of the meeting at [email protected].

ALTERATIONS TO CONSENT AGENDA
Council can remove or add items to the Consent Agenda.

CONSENT AGENDA
The Consent Agenda is comprised of items which are intended to be non-controversial and are approved without discussion. Persons wishing to speak on any item may request the item be moved to the Regular Agenda by raising their hand to be recognized by the Mayor. An item will only be moved from the Consent Agenda to the Regular Agenda if a City Council Member requests it to be moved and a majority of the Council agrees.

1. Approve City Council minutes of 08-07-2024

2. Approve check register dated 08-03-2024 through 08-16-2024

3. Ratify appointment of Scotts Valley Senior Center Advisory Commission Member

4. Approve the ratified FY 2024/25 - 2026/27 Memoranda of Understandings between the City and PBU, PSA, Mid-Management, SEIU, and approve the Management and Confidential Compensation Benefit Package, and approve the related Classification and Salary Schedule Resolution.

5. Local Assistance Procedures Manual (LAPM) Compliance

ALTERATIONS TO REGULAR AGENDA
Council can remove or add items to the Regular Agenda.

REGULAR AGENDA
Persons wishing to speak on any item may do so by raising their hand to be recognized by the Mayor.

1. Adoption of the City of Scotts Valley Parks Master Plan

2. Future Council Agenda Items

ADJOURNMENT

ADA NOTICE

City Council Meeting Agenda Page 4
Date: August 21, 2024
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices in order to attend and participate at the meeting, please call the City Clerk's office at (831) 440-5600 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; or, Voice to TTY/VCO/HCO:

English 1-800-735-2922, Spanish 1-800-855-3000), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.

City Council Meeting Agenda Page 5
Date: August 21, 2024

PROCEDURAL INFORMATION FOR THE PUBLIC

THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
APPROVAL OF A RESOLUTION:

1. Move the Resolution number for approval.

2. Second the motion.

3. Vote by body, a roll call vote is not required.

THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
INTRODUCTION/ADOPTION OF AN ORDINANCE:

1. Move the Ordinance number for introduction (or adoption).

2. Move the Ordinance be introduced by title only and waive the reading of the text.

3. Read the Ordinance title.

4. Second the motion.

5. Vote by body, a roll call vote is not required.

THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
PUBLIC COMMENT/PUBLIC HEARINGS:

Unless otherwise determined by the presiding officer of the meeting:

1. Three minutes allowed per individual to speak.

2. Five minutes allowed per individual representing a group of three or more. ❖❖❖❖❖❖❖❖
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices in order to attend and participate at the meeting, please call the City Clerk's office at (831) 440-5602 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; Voice to TTY/VCO/HCO: English 1- 800-735-2922, Spanish 1-800-855-3000; or, from or to Speech-to-Speech, English & Spanish 1- 800-854-7787), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.

CALL TO ORDER 6:00 PM
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE

ROLL CALL
CITY STAFF MEMBERS PRESENT:

Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Taylor Bateman, Community Development
Director
Stephanie Hill, Administrative Services Director
Rodolfo Onchi, Public Works Director
Jayson Rutherford, Police Captain
Cathie Simonovich, City Clerk

ELECTED OFFICIALS
PRESENT:

Randy Johnson, Mayor
Derek Timm, Vice Mayor
Jack Dilles, Council Member
Donna Lind, Council Member
Allan Timms, Council Member

SPECIAL SET MATTER

MINUTES
Meeting of the
Scotts Valley City Council
Date: August 7, 2024
Time: 6:00 PM

CONTACT

INFORMATION

MEETING LOCATION POSTING
City of Scotts Valley City Council Chambers The agenda was posted 1 Civic Center Drive 1 Civic Center Drive on 8-2-2024 at City Hall, Scotts Valley, CA Scotts Valley, CA 95066 SV Senior Center, SV 95066 OR Public Works Building,
(831) 440-5600 Zoom Video Conference and on the Internet https://us02web.zoom.us/j/83295730901 at www.scottsvalley.gov.

The City Council meeting was called to order at 6:00 PM.

1. Central Coast Community Energy (3CE) annual member agency presentation Judi Young, Senior Customer Accounts Manager for Central Coast Community Energy (3CE), gave the annual member agency presentation and responded to questions from the Council Members.

City Council Meeting Minutes
Date: August 7, 2024

CM Dilles attended a virtual meeting of the League of California Cities Revenue and Taxation Committee where they heard a review of the state budget, a review of the bills in process, and the ACA-1 initiative which will be on the November ballot.

CM Dilles attended a meeting of the Santa Cruz County Library Financing Authority where they approved the revised library sales tax report for 2023-24 as well as the estimates for 2024-25. They also approved the budget for 2024-25.

CM Dilles went to the Netherlands Consulate in San Francisco as a follow-up to the recent trip to the Netherlands with Ecology Action. He listened to a talk about strategies for community outreach and planning for alternate modes of transportation.

CM Dilles and CM Timms attended the Economic Development subcommittee meeting where they continued to talk about business outreach. They also discussed the Autism Certified City program, and the business license tax measure (see Regular Item 1). They reviewed an economic development webpage draft, as well as the business license tax calculator associated with the proposed new tax. CM Dilles thanked staff member Jordan Taylor and intern Dustin Lopez for their work in putting those items together.

VM Timm attended the Visit Santa Cruz County (VSCC) board meeting and reported that there was a strong tourist season for the summer, with rates down slightly year over year but still above the other regions in the area. The VSCC board is finalizing the lease for the new office space.

VM Timm attended the Town Center subcommittee meeting and the architects presented their report which was based on information received from the outreach to neighboring property owners and others who have direct stakes due to their proximity to the Town Center site. There will be community outreach events at the Art, Wine & Beer Festival August 17-18, at the Community Center August 22, and at the Multicultural Fair September 7.

CM Timms thanked Jordan Taylor and Dustin Lopez for the excellent work on producing a new outline for the Economic Development page on the website, and also for other work they have done such as their work on the business license tax calculator.

CM Timms attended a meeting of the Local Agency Formation Commission (LAFCO) but there was no information to report from that meeting.

CM Lind attended a special meeting of the Santa Cruz Metropolitan Transit District (METRO) to vote on an action item to direct the CEO to execute an exclusive agreement with Mid-Peninsula Housing Corporation for the Watsonville Transit Center project.

COMMITTEE REPORTS

City Council Meeting Minutes
Date: August 7, 2024

CITY MANAGER REPORT
CM Lind attended a Criminal Justice Council (CJC) executive board meeting where they approved a contract for the third and final year of the behavioral health study.

CM Lind attended Coffee with a Cop, and she thanked Starbucks for hosting the event and she thanked the Scotts Valley Police Department and the California Highway Patrol for participating.

CM Lind attended the First Responder appreciation BBQ and thanked Robert Aldana and Team for organizing the lunch.

CM Lind attended National Night Out and thanked all who attended. She is proud that the City continues to hold this annual event.

Mayor Johnson attended the Town Center subcommittee meeting and he is excited at the progress of moving this project forward.

Mayor Johnson attended a meeting of the Regional Transportation Commission (RTC) where they approved a new Executive Director.

National Night Out: City Manager LaGoe thanked everyone who attended National Night out, and she thanked the businesses and non-profit organizations who participated.

Operation Safe Passage: The first day of school is tomorrow and the Police Department will be participating in Operation Safe Passage to increase student safety commuting to and from school at the beginning of the new school year. Extra officers will be working to strictly enforce traffic violations in and around all local school zones, including a focus on electric-powered bicycle violations due to the numerous complaints received in the past few months of riders disobeying the rules of the road.

City Newsletter: The City published its first biweekly newsletter this week! Interested residents can sign up online to receive the newsletter via email by going to the City's website.

Town Center Outreach: We are excited to share the future ideas for the Town Center at the three events that were mentioned in Vice Mayor Timm's report. There will also be a survey on the Town Center webpage for people who are unable to attend the outreach events but would still like to provide feedback.

Waste Water Treatment Plant (WWTP) Project: The aeration basin upgrade project has started and is estimated to be completed by the end of next summer.

Bean Creek Road Slide Repair: This project is currently underway with PG&E

City Council Meeting Minutes
Date: August 7, 2024

PUBLIC COMMENT TIME

ALTERATIONS TO CONSENT AGENDA

CONSENT AGENDA
finishing some preliminary work related to the power lines, and then the City’s contractor can begin the permanent repairs.

Public Works Staff: The City welcomes two new staff members to the Public Works Department - Dat Nguyen, is the Senior Engineer, and Carly Blanchard is the Senior Administrative Analyst. Dat comes to the City with 20 years of engineering experience, including roadway and active transportation engineering projects. Carly will be essential to assisting with grants, reports, budgeting and CIP projects.

Reserve Officer John Hohmann: He was selected for the 2024 Distinguished Career Award by the California Reserve Peace Officers Association and will be presented this award at the annual conference in Burbank this Friday. Congratulations to Officer Hohmann for being recognized for this prestigious award out of the many thousands of reserve officers who serve throughout California. We appreciate Officer Hohmann's efforts to keep Scotts Valley safe over the past 40 years of service to our local community.

Election update: The City Council has three seats which are up for election this November. So far nine interested residents have pulled papers, expressing interest in those seats. The deadline to file is this Friday, 8/9, unless and incumbent does not file in which case the deadline would be extended to next Wednesday, 8/14.

Recreation Division: The Recreation Division just wrapped up July which was Parks Month with many fun activities. Please check out all the fun events coming up, such as the movie in the park and a family overnight campout at Siltanen Park.

Mayor Johnson commented further on eBike safety. He also thanked everyone involved in putting together the National Night Out event.

None.

M/S: Lind/Dilles
To approve the Consent Agenda with no alterations.

Carried 5/0 (AYES: Johnson, Timm, Dilles, Lind, Timms)

1. Approve City Council special meeting minutes of 06-12-2024 and 07-10-2024

2. Approve check register dated 07-03-2024 through 08-02-2024

3. Approve 2024 Local Agency Biennial Report

City Council Meeting Minutes
Date: August 7, 2024

ALTERATIONS TO REGULAR AGENDA

REGULAR AGENDA

4. Approve Designation of Voting Delegate for 2024 League of California Cities Annual Conference

5. Approve Second Amendment to the Good City Company Agreement for Town Center development project

6. Approve Professional Services Agreement with Environmental Innovations

7. Lot Line Adjustment Between APN 024-182-04 (317 Sherman Drive), and APN 024-182-05 (411 Sherman Drive)

8. Lot Line Adjustment Between APN 021-132-06 (235 Twin Pines Drive), and APN 021-132-07 (255 Twin Pines Drive)
M/S: Lind/Timm
To approve the Regular Agenda with no alterations.

Carried 5/0 (AYES: Johnson, Timm, Dilles, Lind, Timms)

1. Resolution 2047.2 calling a Municipal Election for November 5, 2024, requesting that the County consolidate the election with the General Election and submitting to the qualified electors of the City of Scotts Valley a measure to modernize the Business License Tax
City Manager LaGoe presented this item and responded to questions from the Council.

Public Comment in support of placing the business license tax measure on the November ballot was received from Phil Newman, owner of Cyber Ascend Technologies; Susan O'Connor Frasier, owner of Tam Communications; and Nick Kerns, community member.

The Council discussed the two phase-in options and chose Option 2 to add the following language to the ordinance:

Municipal Code section 5.04.310 Gross Receipts Tax - Rates Paragraph C: In Fiscal Year 2025-2026, the license tax owed shall be limited to 50% of the increase from the prior fiscal year. In the event the license tax owed for Fiscal Year 2025-2026 is less than the prior fiscal year, the license tax owed shall be the amount calculated in accordance with Sections A and B above. Beginning Fiscal Year 2026-2027, the license tax owed shall be the amount calculated in accordance with Sections A and B above.

M/S: Timm/Timms
To adopt Resolution No. 2017.2 calling for a Municipal Election for November 5,

City Council Meeting Minutes
Date: August 7, 2024

2024, requesting that the County consolidate the Municipal Election with the General Election on November 5, 2024, and submitting to the qualified electors of the City of Scotts Valley, at the November 5, 2024, consolidated General Election, a measure to modernize the business license tax and directing staff to add the phase-in language in paragraph C as stated above.

Carried 5/0 (AYES: Johnson, Timm, Dilles, Lind, Timms)

2. Future Council Agenda Items
None.

The meeting adjourned at 7:23 PM.

Attest:

Cathie Simonovich, City Clerk
Approved:

Randy Johnson, Mayor

ADJOURNMENT

apadatecr2 City of Scotts Valley llambert 08/16/2024 09:31 Page 1 A/P Check Register Checks from 08/03/2024 to 08/16/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type Cash Account: 999-10100-000-000-000000
132246 08/09/24 ACC BUSINESS 598.66 O Regular
132247 08/09/24 ACCENT CLEAN & SWEEP INC 3,947.35 O Regular132248 08/09/24 ALLIANT 3,184.00 O Regular132249 08/09/24 AT&T 99.87 O Regular132250 08/09/24 BAY TREE, LLC 3,620.38 O Regular132251 08/09/24 BENJAMIN STANDEN 600.00 O Regular132252 08/09/24 BRASS KEY LOCKSMITH 38.08 O Payment Manager132253 08/09/24 BRIGHTVIEW LANDSCAPE 4,166.50 O Regular132254 08/09/24 CHLOE GRAHAM 600.00 O Regular132255 08/09/24 CHRISTOPHER DUMONCEAUX 213.25 O Regular132256 08/09/24 COMCAST 364.36 O Payment Manager132257 08/09/24 CORIE STOCKER 200.00 O Regular132258 08/09/24 COUNTY OF SANTA CRUZ 19,383.00 O Regular132259 08/09/24 CRYSTAL SPRINGS WATER CO 29.50 O Regular132260 08/09/24 DUNCAN AUTO TECH 158.80 O Regular132261 08/09/24 EMPLOYMENT DEV. DEPT. 2,238.00 O Regular132262 08/09/24 ENVIRONMENTAL INNOVATIONS 12,890.57 O Regular132263 08/09/24 FEDERAL EXPRESS 419.78 O Regular132264 08/09/24 HERWIT ENGINEERING 822.50 O Regular132265 08/09/24 HOUSEKEYS, INC. 18,750.00 O Regular132266 08/09/24 K & D LANDSCAPING, INC. 26,546.27 O Regular132267 08/09/24 KIMLEY-HORN & ASSOCIATES INC 17,997.19 O Regular132268 08/09/24 LIEBERT CASSIDY WHITMORE 14,650.50 O Regular132269 08/09/24 LINDA KAEMPFER BAKER 155.00 O Regular132270 08/09/24 METRO MOBILE COMMUNICATIONS 160.91 O Regular132271 08/09/24 MISSION UNIFORM SERVICE 693.69 O Payment Manager132272 08/09/24 NHA ADVISORS 1,970.42 O Regular132273 08/09/24 NICOLAS LIPARI 1,500.00 O Regular132274 08/09/24 OREILLY AUTOMOTIVE,INC 55.93 O Regular 132275 08/09/24 OLIN CORPORATION AS SOLE 5,016.51 O Regular132276 08/09/24 PALACE BUSINESS SOLUTIONS 1,196.45 O Regular132277 08/09/24 PASCALE DROZEK 1,200.00 O Regular132278 08/09/24 PHILLIP D NEUMAN 143.18 O Payment Manager132279 08/09/24 PRODESSE PROPERTY GROUP 3,523.52 O Regular132280 08/09/24 ROD MARKELL 1,974.00 O Regular132281 08/09/24 SANTA CRUZ CO ENVIRONMENTAL 1,154.00 O Regular132282 08/09/24 SCARBOROUGH LUMBER 1,422.59 O Regular132283 08/09/24 SCOTTS VALLEY SPRINKLER 254.45 O Regular132284 08/09/24 SOUTH BAY REGIONAL PUBLIC 300.00 O Regular132285 08/09/24 SUMMIT UNIFORMS 315.00 O Regular132286 08/09/24 SWEDBERG ELECTRIC INC. 4,000.00 O Regular132287 08/09/24 TORO PETROLEUM CORP 5,440.50 O Regular132288 08/09/24 U.S. POSTMASTER 500.00 O Regular132289 08/09/24 UNDERGROUND SERVICE ALERT 5,710.51 O Regular

apadatecr2 City of Scotts Valley llambert 08/16/2024 09:31 Page 2 A/P Check Register Checks from 08/03/2024 to 08/16/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type132290 08/09/24 WIZIX TECHNOLOGY GROUP, INC 24.50 O Payment Manager132291 08/13/24 MBASIA 842,431.21 O Regular132292 08/16/24 AARON ROBERTS 1,500.00 O Regular132293 08/16/24 AGILE OCCUPATIONAL MEDICINE 100.00 O Regular132294 08/16/24 ALHAMBRA 279.78 O Regular132296 08/16/24 AMAZON CAPITAL SERVICES 5,182.65 O Regular132297 08/16/24 ANNA-KATE BRAJKOVICH 600.00 O Regular132298 08/16/24 ART CLEANERS 2,011.85 O Regular132299 08/16/24 AT&T 8.86 O Regular132300 08/16/24 AT&T MOBILITY 1,492.22 O Regular132301 08/16/24 BAKER TILLY US, LLP 5,000.00 O Regular132302 08/16/24 BUSINESS WITH PLEASURE 21.07 O Regular132303 08/16/24 CAL-WEST LIGHTING & SIGNAL INC 15,261.93 O Regular132304 08/16/24 CALIFORNIA BUILDING 199.00 O Regular132305 08/16/24 CALIFORNIA COAST UNIFORM CO 329.00 O Regular132306 08/16/24 CARDIFF PEST CONTROL 475.00 O Regular132307 08/16/24 CARMEL AREA WASTEWATER DIST 6,311.00 O Regular132308 08/16/24 CENTRAL COAST SYSTEMS 465.00 O Regular132309 08/16/24 COMCAST 323.23 O Payment Manager132310 08/16/24 COMCAST 1,050.55 O Regular132311 08/16/24 COPWARE,INC 705.00 O Regular132312 08/16/24 COUNTY OF SANTA CRUZ 43.00 O Regular132313 08/16/24 DENNIS GRAZIAN 1,110.00 O Regular132314 08/16/24 DEPT OF CONSERVATION 594.38 O Regular132315 08/16/24 DU-ALL SAFETY, LLC 2,925.00 O Payment Manager132316 08/16/24 DUNCAN AUTO TECH 1,522.78 O Regular 132317 08/16/24 Gary Phillips 16.00 O Regular132318 08/16/24 GOOD CITY COMPANY 2,912.50 O Regular132319 08/16/24 GRAINGER 501.21 O Regular132320 08/16/24 HANSON ASSOCIATES ASSET & 1,987.38 O Regular132321 08/16/24 HOUSING AUTHORITY OF SC 2,500.00 O Regular132322 08/16/24 K & D LANDSCAPING, INC. 16,626.00 O Regular132323 08/16/24 KIARA JACOBSEN 600.00 O Regular132324 08/16/24 KIMLEY-HORN & ASSOCIATES INC 38,135.21 O Regular132325 08/16/24 LLOYDS TIRE SERVICE INC. 291.08 O Payment Manager 132326 08/16/24 MARY LOUISE DEFALCO 49.00 O Regular132327 08/16/24 MISSION COMMUNICATIONS, LLC 489.74 O Regular132328 08/16/24 MISSION UNIFORM SERVICE 421.84 O Payment Manager132329 08/16/24 MONTEREY BAY AIR 11,187.80 O Regular132330 08/16/24 MONTEREY ONE WATER 585.00 O Regular132331 08/16/24 MONTEREY PENINSULA ENGINEERING 35,539.60 O Regular132332 08/16/24 NATIONAL COMTEL NETWORK INC. 17.51 O Regular132333 08/16/24 NORTHERN CALIFORNIA EMERGENCY 1,418.72 O Regular132334 08/16/24 OREILLY AUTOMOTIVE,INC 173.29 O Regular 132335 08/16/24 OLIN CORPORATION AS SOLE 4,992.73 O Regular

apadatecr2 City of Scotts Valley llambert 08/16/2024 09:31 Page 3 A/P Check Register Checks from 08/03/2024 to 08/16/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type132336 08/16/24 PACIFIC GAS & ELECTRIC CO 70,035.48 O Regular132337 08/16/24 PALACE BUSINESS SOLUTIONS 60.85 O Regular132338 08/16/24 PATRICK AHRENS 600.00 O Regular132339 08/16/24 PHILLIP D NEUMAN 33,200.84 O Payment Manager132340 08/16/24 PURETEC INDUSTRIAL WATER 286.66 O Regular132341 08/16/24 QUALITY MANUFACTURING AND DIST 4,233.87 O Regular132342 08/16/24 ROSS RECREATION EQUIPMENT INC. 48,465.00 O Regular132343 08/16/24 SAN LORENZO VALLEY WATER DISTR 648.16 O Regular132344 08/16/24 SANTA CRUZ CO ENVIRONMENTAL 1,413.00 O Regular132345 08/16/24 SCARBOROUGH LUMBER 296.37 O Regular132346 08/16/24 Shea Johnson 57.62 O Regular132347 08/16/24 SHAPE INC. 25,350.09 O Regular132348 08/16/24 STERICYCLE INC 248.95 O Regular132349 08/16/24 SWEDBERG ELECTRIC INC. 2,100.00 O Regular132350 08/16/24 SYCAL ENGINEERING INC 3,772.22 O Regular132351 08/16/24 THE BANK OF NEW YORK MELLON 3,600.00 O Regular132352 08/16/24 THOMSON REUTERS-WEST 396.48 O Payment Manager132353 08/16/24 U.S. BANK CORPORATE 13,160.78 O Regular132354 08/16/24 UNDERGROUND SERVICE ALERT 1,725.29 O Regular132355 08/16/24 URBAN FIELD STUDIO OAKLAND 14,012.50 O Regular132356 08/16/24 WIZIX TECHNOLOGY GROUP, INC 36.50 O Payment Managerapadatecr2 City of Scotts Valley llambert 08/16/2024 09:31 Page 3 A/P Check Register Checks from 08/03/2024 to 08/16/2024
98 Checks total: 1,361,458.72
0 ACH total:0 EFTPS total:0 Wire transfer total:
12 Payment Manager total: 38,858.78
110 GRAND TOTALS 1,400,317.50

AGENDA ITEM 3.

DATE: 8/21/2024
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: 8/21/2024
TO: Honorable Mayor and City Council
FROM: Cathie Simonovich, City Clerk
APPROVED: Mali LaGoe, City Manager
SUBJECT: Ratify appointment of Scotts Valley Senior Center Advisory Commission Member

SUMMARY OF ISSUE
As vacancies occur, or due to an election or re-election of a Council Member, a member of the Council may nominate a new individual to serve on a City Commission, Committee, and/or Board. All appointments must be ratified by the City Council.

There is a vacancy on the Senior Center Advisory Commission due to the resignation of Harvey Bustichi and an application has been submitted by Demetrios Mavrikis. Council Member Jack Dilles has nominated Mr. Mavrikis to serve on the Senior Center Advisory Commission. Upon Council ratification, Mr. Mavrikis will fill the vacancy.

FISCAL IMPACT
None

STAFF RECOMMENDATION
It is recommended that the City Council ratify the appointment of Demetrios Mavrikis to serve on the Senior Center Advisory Commission effective August 21, 2024.

TABLE OF CONTENTS

1. D.Mavrikis Sr. Center application (redacted)

AGENDA ITEM 4.

DATE: 8/21/2024
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: 8/21/2024
TO: Honorable Mayor and City Council
FROM: Stephanie Hill, Administrative Services Director
APPROVED: Mali LaGoe, City Manager
SUBJECT: Approve the ratified FY 2024/25 - 2026/27 Memoranda of Understandings between the City and PBU, PSA, Mid-Management, SEIU, and approve the Management and Confidential Compensation Benefit Package, and approve the related Classification and Salary Schedule Resolution.

SUMMARY OF ISSUE
During the past several months, the City of Scotts Valley (City) has been actively negotiating with all bargaining units. The City reached tentative agreements with all groups regarding their respective Memorandum of Understanding (MOU) and Council ratified the summary of changes at the meeting on June 12, 2024. As directed, staff implemented the applicable changes as of July 1, 2024. Included herein are the final cleaned up versions of the respective agreements, which include the changes and cleanup verbiage.

Since all agreements were negotiated for the same period from July 1, 2024, to June 30, 2027, there is a full classification and salary schedule and resolution included in this package.

FISCAL IMPACT
It is estimated that the fiscal impact for the first year of the agreements will be $400,000, which was factored into the Fiscal Year 2024-25 Budget. The annual costs for future years will be encompassed in the respective future year budgets.

STAFF RECOMMENDATION
It is recommended that the City Council take the following actions:

1. Approve the ratified terms for the FY 2024/25-2026/27 Memoranda of Understanding between the City and the respective labor groups and direct the City Manager to execute the agreements.

2. Adopt Resolution 1955.30 approving the FY 2024/25 - 2026/27 Classification and Salary Schedules.

TABLE OF CONTENTS

1. MgmtandConfidential Agmt 2024-2027

2. Mid-Management_MOU_2024-2027

3. SVPSA MOU FOR 24-27

4. SVPBU MOU FOR 24-27

5. SEIU MOU 2024-2027

6. Resolution 1955.30 Salary Schedule and Classification FY2425 - FY2627

7. Exhibit A Salary Schedule for FY2425_2627

CITY OF SCOTTS VALLEY

MANAGEMENT AND CONFIDENTIAL

EMPLOYEE COMPENSATION AND

BENEFITS PACKAGE
JULY 1, 2024 – JUNE 30, 2027

CITY OF SCOTTS VALLEY

SCOTTS VALLEY MANAGEMENT AND CONFIDENTIAL EMPLOYEE

COMPENSATION BENEFITS PACKAGE
Contents

1.00 PURPOSE..............................................................................................................1

2.00 TERMINATION AND SEVERANCE PAY...............................................................1

3.00 VACATION.............................................................................................................2

3.01 Vacation Accrual ..........................................................................................2

3.02 Vacation Buy Back.......................................................................................3

5.00 LEAVES .................................................................................................................3

5.01 Administrative Leave....................................................................................4

5.02 Sick Leave ...................................................................................................4

5.03 Paid Bereavement Leave.............................................................................4

5.04 Personal Business Leave.............................................................................5

5.05 Medical Leave - Insurance Coverage...........................................................5

5.06 Other Leave Without Pay .............................................................................5

5.07 Leave for Jury Duty ......................................................................................5

5.08 Restriction on Leave for Outside Employment .............................................6

6.00 HEALTH AND WELFARE BENEFITS ...................................................................6

6.01 CalPERS Medical Plan ................................................................................6

6.01.01 Health Insurance..........................................................................................6

6.01.02 Optional Benefits..........................................................................................7

6.01.03 Cash in Lieu.................................................................................................8

6.01.04 Dental Insurance..........................................................................................8

6.01.05 Vision Coverage ..........................................................................................8

6.01.06 Employee Retiree Medical Coverage Program ............................................8

6.02 Deferred Compensation (457(b) Plan).......................................................10

6.03 Life Insurance.............................................................................................10

6.04 LTDI......................................................................................................................10

6.05 State Disability Insurance...........................................................................10

6.06 CalPERS Retirement System and Contribution 6.06.01.............................11

6.07 WELLNESS STIPEND...............................................................................12

7.00 LONGEVITY.........................................................................................................12

8.00 EDUCATIONAL REIMBURSEMENTS.................................................................12

9.00 SPECIAL BENEFITS/CHIEF OF POLICE AND POLICE CAPTAIN....................12

10.00 AUTOMOBILE POLICY .......................................................................................12

11.00 A Department Head shall not receive more than one of these alternatives in any calendar month............................................................................................13

11.01 CELL PHONE REIMBURSEMENT ......................................................................13

12.00 GRIEVANCE PROCEDURE.................................................................................13

13.00 COMPENSATION.................................................................................................13

13.01 Miscellaneous Employees..........................................................................13

13.02 Safety Employees ......................................................................................14

13.03 Additional Wage Increases ........................................................................14

13.04 DEPUTY CITY MANAGER........................................................................14

14.00 “AT WILL” POSITIONS .......................................................................................14 ATTACHMENT A............................................................................................................16 ATTACHMENT B............................................................................................................17

1. LEGAL DEFENSE................................................................................................17

2. ASSIGNED POLICE VEHICLE ............................................................................17

3. HEALTH AND SAFETY - EQUIPMENT...............................................................17

4. UNIFORMS...........................................................................................................18

5. MILEAGE ALLOWANCE .....................................................................................18

6. AMOUNT OF DURATION OF PAYMENT............................................................18

7. PEACE OFFICERS’ BILL OF RIGHTS................................................................19

8. RETIREMENT ......................................................................................................19

9. TEMPORARY ASSIGNMENT TO HIGHER LEVEL VACANCY (Captain Only) 19

10. EFFECT OF ABSENCE ON CONTINUOUS SERVICE (Captain Only) .....19

11. AMOUNT AND DURATION OF PAYMENT.........................................................19

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SCOTTS VALLEY MANAGEMENT AND CONFIDENITAL EMPLOYEE

COMPENSATION BENEFITS PACKAGE

1.00 PURPOSE
The City of Scotts Valley requires the services of certain management confidential personnel; and the City Council desires to provide certain benefits, conditions of employment and working conditions. The management and confidential employees covered by this Management and Confidential Employee Compensation Benefits Package (hereinafter referred to as the "Benefits Package") are comprised of those individuals serving in those positions defined in Attachment "A" which is attached hereto and incorporated herein by this reference. The City seeks to:

A. Secure and retain the services of management and confidential employees and provide inducement for them to remain in such employment.

B. To make full work productivity possible by assuring management and confidential employees' morale and peace of mind with respect to future security.

C. To act as a deterrent against malfeasance or dishonesty for personal gain.

D. To provide a just means for terminating a Department Head's services at such time as he/she may be unable to fully discharge his/her duties due to age or disability.

2.00 TERMINATION AND SEVERANCE PAY
A. In the event a Department Head (as designated in Attachment "A") or the City Clerk is terminated by the City Manager during such time that the Department Head/City Clerk is willing and able to perform his/her duties, the City agrees to pay him/her a lump sum cash payment ("Severance Pay") equal to two (2) weeks gross pay if terminated within one (1) year of hire and four (4) months gross salary if terminated after one year of hire. City agrees to pay life, medical, and dental insurance premiums for one (1) month if terminated within one year of hire and four (4) months if terminated after one year. However, the City shall have no obligation to pay Severance Pay if a Department Head/City Clerk is terminated for cause or because of his/her conviction of or plea of guilty or no contest to any felony involving personal gain or moral turpitude.

B. For purposes of receiving severance pay, a Department Head/City Clerk may be considered terminated, at his/her option, effective with the date of any one of the following events:

1. The City at any time reduces the salary or other financial benefits of the Department Head/City Clerk;

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2. Following written notice from the Department Head/City Clerk, the City refuses to comply with any other provisions contained herein;

3. A Department Head/City Clerk is terminated by the City for reasons other than those specified in Paragraph 2.0(A) above (relating to exemption from payment of severance pay).

C. In the event a reduction in salary or change in benefits is the result of a general salary reduction or benefit reduction policy adopted by the City Council for all employees, Paragraph 2.0(B)(1) shall not apply.

D. In the event the City's refusal to comply with any other provisions herein also affects other employees in general, Paragraph 2.0(B)(2) hereinabove shall not apply and no Severance Pay shall be paid.

E. The Department Head/City Clerk shall give the City one month's advance notice of a voluntary resignation from City employment. Department Heads and the City Clerk are not entitled to Severance Pay in the event of voluntary resignation.

F. Nothing herein shall prevent, limit, or otherwise interfere with the right of a Department Head/City Clerk to resign from his/her position with the City at any time, subject only to the provisions set forth in Paragraph 2.0(E) hereinabove.

3.00 VACATION

3.01 Vacation Accrual
Management and confidential employees shall be entitled to: Three (3) weeks vacation annually up to five (5) years of service; Four (4) weeks vacation annually after five (5) years of service; and, Five (5) weeks vacation annually after twelve (12) years of service with the City.

Maximum vacation accrual shall be 500 hours.

If an employee is over the annual vacation accrual, the employee will stop accruing vacation until they are below the maximum accrual limit. The accrual limit may be temporarily deferred by written approval of the City Manager when in the best interest of the City.

Upon Employee’s written request submitted by December 31, 2024, all current employees hired before June 30, 2024, could receive credit for prior equivalent experience and their prior years of experience to be counted as years of service for the purposes of accruing vacation, upon City Manager approval. Any changes to a current employee’s accrual rate due to this section shall be on a prospective

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basis only and previously accrued hours will not be adjusted.

3.02 Vacation Buy Back
The City will buy back up to two weeks (80 hours) of vacation annually, provided the employee irrevocably elects to do so by December 15 of the prior calendar year per the below requirements, and as long as the Employee has an accrued vacation balance of at least one week (40 hours) of vacation remaining following the buy back. To make the irrevocable election, the employee must submit a written irrevocable election form to the City Manager or designee by December 15, which requests to cash out up to eighty (80) hours of vacation leave earned in the subsequent calendar year. The cash out will occur in the first full pay period in December of the following calendar year. For example, an employee who submits an irrevocable election form by December 15, 2024 shall receive the cash out in December 2025, assuming the employee has accrued sufficient vacation in 2025 for the cash out amount and assuming forty hours (40) of vacation remaining following the cash out.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in the same year, the vacation used will come from the vacation earned in the prior year. This is to ensure the vacation used will not reduce the amount of vacation the employee will be eligible to cash out.

4.00 HOLIDAYS
Each management employee shall be entitled to the following holidays and to receive wages based on the normal scheduled work for the day. Any holiday that would otherwise be on a Saturday will be taken on the preceding Friday. Any holiday that would otherwise be on a Sunday will be taken on a Monday. 1) The first day of January
2) Third Monday in January - Dr. Martin Luther King, Jr. Day 3) The third Monday in February - Washington's Birthday 4) The last Monday in May - Memorial Day
5) June 19th - Juneteenth
6) July 4th - Independence Day
7) The first Monday in September - Labor Day
8) The second Monday in October – Indigenous People’s Day / Columbus Day 9) November 11 - Veteran's Day
10) Thanksgiving Day
11) The day following Thanksgiving
12) The day preceding Christmas
13) Christmas Day
14) The day preceding New Year’s Day
15) Two floating holidays per fiscal year. (Must be scheduled in advance and approved by a supervisor.) Management employee must use the floating holidays within the fiscal year or lose those holidays for that fiscal year 16) Every day declared a holiday by the City Council by resolution.

5.00 LEAVES

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Leaves shall be as set forth in the City's Personnel rules.

5.01 Administrative Leave
Management and confidential employees shall be entitled to eighty (80) hours of administrative leave per fiscal year commencing on July 1 of each fiscal year.

Administrative leave may be taken in conjunction with vacation. Administrative leave is not cumulative from year to year. Any remaining balance of administrative leave hours will be cashed out effective June 30th of each year.

Administrative leave shall be prorated if employment is commenced during the fiscal year.

Positions that are classified as hourly employees are not eligible for administrative leave under this benefit package. Hourly employees may accrue overtime and/or Compensatory time over 40 hours in a week in lieu of administrative leave.

5.02 Sick Leave
Sick leave shall be accrued at the rate of eight (8) hours per month, beginning with the first month of employment without maximum accrual.

Upon termination, any unused accrued sick leave, up to a maximum of 150 days, shall be paid at the following rate:

Years of Service Percent (%) of Base Salary
5 yrs + 1 day - 10 yrs 45
10 yrs + 1 day - 15 yrs 50
15 yrs + 1 day - 20 yrs 55
20 yrs + 1 day - 25 yrs 65
25 yrs + 1 day - 30 yrs 75
Over 30 yrs or at retirement 85
In lieu of pay off of sick leave at the above rates, the City has amended the PERS Contract to add section 20862.8 of the California Government Code (Credit for Unused Sick Leave). Unused accumulated sick leave at time of retirement may be converted to additional Service Credit.

5.03 Paid Bereavement Leave
Employees shall be granted leave in the event of the death of a member of the Employee's immediate family. The leave available is up to five (5) working days per death. Up to forty such hours are paid. To receive pay for hours in excess of forty, the employee may use any of his or her paid leave accruals, e.g. sick leave, vacation leave, compensatory time off. The immediate family is defined as husband, wife, domestic partner, parent, grandparent, sister, brother, son,

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daughter, grandchild, mother-in-law, father-in-law, or any person living in the immediate household of the Employee.

The leave need not be used consecutively but must be used within three months.

5.04 Personal Business Leave
Employees within the bargaining unit shall be eligible to use forty (40) hours per fiscal year of personal leave to be taken in increments of one hour or more with the time chargeable to accumulated sick leave. The taking of personal leave shall be approved in advance by the department head. Approval shall be at the discretion of the department head with due regard for the needs of the Employee.

Personal leave shall be taken only for purposes of pressing personal business which does not qualify for paid sick leave.

5.05 Medical Leave - Insurance Coverage
The City shall maintain the same health, dental, and vision coverage to Employees as provided for in Section 11.01, during the first three (3) months of a medical leave. In the event an extension of the medical leave is granted beyond three (3) months, the City shall pay half the insurance premium the City would otherwise pay through the sixth (6th) month of the leave, at which time the Employee may purchase insurance coverage at group rates through the City at his/her own sole cost and expense.

5.06 Other Leave Without Pay
The City Manager may grant a management or confidential employee a leave of absence without pay for a definite period not to exceed three consecutive (3) months. The City Council may grant a management employee a leave of absence without pay for longer than three (3) consecutive months but a period not to exceed one year. The request for leave, and the reasons therefore, shall be submitted in writing by the management employee and must be approved by both the City Manager and, when necessary, the Council.

Upon expiration of the approved leave, the management employee shall be reinstated to his/her former position or to a comparable one if the former position is abolished during the period of leave and the management employee would otherwise not have been laid off.

Failure on the part of a management employee to return to work on the date scheduled shall be cause for termination.

5.07 Leave for Jury Duty
Leave of absence with pay shall be granted to a management or confidential employee while going to and from court and serving on jury duty. Any jury fee awarded to such person shall be deposited with the Finance Manager.

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5.08 Restriction on Leave for Outside Employment
A leave of absence without pay may not be granted to a management or confidential employee for purposes of accepting either private or other public employment outside the service of the City.

6.00 HEALTH AND WELFARE BENEFITS

6.01 CalPERS Medical Plan

6.01.01 Health Insurance
The City provides medical insurance through the California Public Employees' Retirement System (CalPERS). The City's contribution towards medical coverage will be the minimum amount required by Government Code section 22920 for regular full-time employees. All employees who elect coverage in the CalPERS medical plan may choose any medical plan available.

The City will also make available a Flexible Benefit Plan (Cafeteria Plan). a. City Contributions The City contributes the following amounts to the cafeteria plan per month on behalf of each employee. Employees electing health coverage (including the option benefits below) with a cost greater than the amount paid by the City in this section shall have the difference deducted automatically from the employee’s pay on a pre-tax basis. In the event the employee’s monthly health elections are less than the amount shown on the chart below, the difference shall be provided to the employee as taxable cash.

Enrollment
Level
City Contribution
(Enrolled Prior to 1/1/22)
City Contribution
(Enrolled After 1/1/22)
Employee
Only $1,060.90 $1,030.00
Employee
+ 1 $2,121.80 $2,030.00
Employee
+ 2 Or
More
$3,182.70 $3,090.00
b. Effective January 2025. The City shall contribute the following amounts to the cafeteria plan per month on behalf of each employee.

The below amounts are inclusive of the City contribution set forth in Section 6.01.01 above.

The City’s monthly contribution for employee only shall be equal to the monthly medical premium cost for the plan chosen by the employee or one hundred percent (100%) of the cost at the Employee Only level of the average plan premiums offered by the Public Employees’ Retirement System Health Benefit

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Medical Program for the Region 1 and those plans available in Monterey, Santa Cruz, and Santa Clara County, whichever is less (excludes costing for out of state plans)
The City’s monthly contribution for employee + dependents shall be equal to the monthly medical premium cost for the plan chosen by the employee or ninety five percent (95%) of the difference between the average Employee Only premium
calculation above and same average premium calculation at the employee’s coverage level, whichever is less. (excludes costing for out of state plans)
c . Effective January 2026, the City’s monthly contribution for employee + dependents shall be equal to the monthly medical premium cost for the plan chosen by the employee or ninety percent (90%) of the difference between the average Employee Only premium calculation above and same average premium calculation at the employee’s coverage level, whichever is less. (excludes costing for out of state plans). This amount is inclusive of the City contribution set forth in section 6.01.01 above.
d. The City’s monthly contributions will be calculated and published annually, after CalPERS publishes rates for the next year. This typically happens shortly before open enrollment.

City Contribution Example:

6.01.02 Optional Benefits
Employees may also elect the following optional benefits:

1. Medical reimbursement Flexible Spending Account (FSA)

2. Dependent care Flexible Spending Account (DFSA)

3. AFLAC supplemental insurance
Employee
Only Employee +1 Employee 2+
Plan A $ 1,000 $ 2,000 $ 2,600
Plan B $ 900 $ 1,800 $ 2,340
Plan C $ 800 $ 1,600 $ 2,080
Average $ 900 $ 1,800 $ 2,340
Employee Only $ 900.00
Employee +1 $900 + ($1,800 - $900) * 90% = $1,710
Employee 2+ $900 + ($2,340 - $900) * 90% = $2,196

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Employees who elect in the optional benefits shall use salary deductions in an amount to cover the cost of the optional benefits.

6.01.03 Cash in Lieu
Effective January 1, 2025, employees who provide adequate proof of alternative essential coverage for themselves and their tax family, are eligible to receive $300 per month.

6.01.04 Dental Insurance
As soon as administratively possible after Council approval of this Compensation Package, the City shall provide dental insurance to employees. The City shall pay 100% of the employee and dependent level election premium cost.

6.01.05 Vision Coverage
The level of existing vision coverage will remain in effect for the term of this agreement. The City will continue to cover the cost of vision coverage benefits under the Vision Service Plan up to $20 per month for the employee and dependent level election premium cost.

6.01.06 Employee Retiree Medical Coverage Program
It is the purpose of the Employees Retiree Medical Coverage program to provide for medical insurance compensation to retired management employees in order to insure that these individuals, who have dedicated a number of years of service to the City of Scotts Valley, do not face an economic hardship at the time of retirement in paying for medical insurance coverage.

Employees hired prior to January 1, 2025, and who met the requirements set forth in this section shall be vested at the levels indicated below.

By the term “vested,” the parties hereby expressly demonstrate their intent to memorialize the obligation of the City to provide retiree medical insurance benefits described in this section to eligible retirees (those hired before January 1, 2025) who retire directly from the City. The City’s obligations described herein will not cease upon expiration, termination or modification of this agreement.

A. For Employees hired on or before June 30, 2018
To be eligible for the retiree medical benefit a management employee:

1. Must have been employed with the City for ten (10) years or longer;

2. Shall retire from the City of Scotts Valley. Public Safety management employees shall be eligible for their benefit upon retiring at age 50 or older; all other management employees shall be eligible upon retiring

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at age 55 or older. Notwithstanding the above, a management employee who retires with a minimum of ten (10) years of service prior to age 55 shall become eligible for his/her benefit at age 55; and

3. The retired management employee shall provide annual proof of current medical insurance coverage including the costs to the retiree.

The retiree must notify the City if the medical insurance policy is cancelled. Failure to carry medical insurance or to notify the City of its cancellation will eliminate eligibility for his/her benefit. The retired management employee must secure their own medical insurance coverage. The medical benefit will be provided directly to the retiree at a rate not less than two thirds (2/3) of the monthly premium paid for "PERS retirees" under the PERS-CARE medical insurance plan (benchmark plan) except that the minimum contribution shall be at least $250 per month.

4. The retiree medical benefit shall be provided to the retiree and the retiree’s spouse. However this benefit shall only while the retiree is living and shall not be payable to the retiree’s spouse after the retiree’s death.

The medical benefit will be provided at the following rates, which are inclusive of the PEMHCA minimum:

The medical benefit will be at a rate in accordance with the following schedule:

Years of Service Percent (%) of Cost of Benchmark Premium 10 years 66%
15 years 70%
20 years 80%
25 years 90%
30 years 100%
Retiree Health Insurance pursuant to this section will not apply to newly hired employees effective upon written agreement with all City employee organizations.

B. For Employees hired between July 1, 2018 and August 31, 2021 a. For EMPLOYEES who have served 10 to 15 years with the City up to a maximum of monthly contribution:

Employee Only 250.00
Employees plus Spouse: 375.00
b. For EMPLOYEES who have served 15 to 20 years with the

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City up to a maximum of monthly contribution:

Employee Only 350.00
Employees plus Spouse: 550.00
c. For EMPLOYEES who have served over 20 years with the City up to a maximum of monthly contribution:

Employee Only 500.00
Employees plus Spouse: 750.00
C. For Employees hired on or after September 1, 2021
For members hired on or after September 1, 2021 or the effective date of the City’s CalPERS contract amendment, whichever is later, and who retire from the City while meeting the eligibility for CalPERS retiree health insurance, the City’s maximum contributions toward employee retiree medical coverage shall be the statutory minimum amount required under the Public Employees Medical & Hospital Care Act (“PEMHCA”), as determined by CalPERS under Government Code Section 22892.

6.02 Deferred Compensation (457(b) Plan)
Effective January 1, 2025, the City will match up to $50.00 during the 1st and 2nd pay period of each month (up to a maximum of $100.00 per month) of an employee’s contribution to a City authorized deferred compensation plan (authorized under the Internal Revenue Code Section 457). The combined contribution between the City’s and the employee’s contribution cannot exceed the maximum permitted by law.

6.03 Life Insurance
The City shall pay the premium for a $50,000 life insurance plan for all unit Members.

6.04 LTDI
The City shall continue in effect and pay the full premium for the existing long-term disability insurance program.

6.05 State Disability Insurance
Employees shall be eligible for paid sick leave benefits in accordance with City rules. Employees shall continue to pay the premium cost for State Disability Insurance. It shall be the Employee's responsibility to apply for State Disability benefits and to file with the City immediately upon receipt from the Department of Employment the "Notice of Calculation" for Disability Insurance. Upon receipt of the notice the City shall adjust the Employee's sick leave usage and wages for the affected period so their net pay is equal to that which they would receive if working.

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6.06 CalPERS Retirement System and Contribution

6.06.01 A. Classic Miscellaneous Employees
The City provides the CalPERS pension formula of 2.5% at age 55 plan for all eligible Employees hired on or before December 31, 2012, or hired after such date but already in the CalPERS system as a classic member without a six-month break in service. The City shall provide the Government Code 20042 single highest year benefit for all Miscellaneous Members at City expense.

All classic employees shall pay the employee contribution as determined by CalPERS on an annual basis.

B. PEPRA Miscellaneous Employees
For those Employees hired on or after January 1, 2013, to the City of Scotts Valley, who are new to the CalPERS system, the City shall provide 2% at 62 for those Employees in accordance with State law. The contribution for new PEPRA Employees shall be shared in accordance with State law.

PEPRA employees shall pay the employee contribution as determined by CalPERS on an annual basis.

6.06.02 A. Safety Employees
The City provides the CalPERS pension formula of 3% at age 50 plan based on the highest average annual compensation during any consecutive 36- month (three-year) period for all eligible employees hired on or before December 31, 2012, or hired after such date but already in the CalPERS system as a classic member without a six-month break in service.

All classic safety employees shall pay the employee contribution as determined by CalPERS on an annual basis.

B. PEPRA Safety Employees
For those safety employees hired on or after January 1, 2013 who are new to the City of Scotts Valley, the City shall provide 2.7% at 57 for those employees in accordance with State law. The contribution for new PEPRA safety employees shall be shared in accordance with State law. PEPRA employees shall pay the employee contribution as determined by CalPERS on an annual basis.

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6.07 WELLNESS STIPEND
Effective the first full pay period upon ratification, the City shall provide a $50 per month wellness stipend through pay roll as taxable income to all bargaining unit members.

7.00 LONGEVITY
The City agrees that each management and confidential employee with five (5) years of continuous service shall receive a 2.5% increase in pay of their 5th anniversary. All management and confidential employees with ten (10) years of continuous service shall receive an additional 2.5% increase in pay of their 10th anniversary.

8.00 EDUCATIONAL REIMBURSEMENTS
The City shall maintain, consistent with budgetary allocations and availability, a training program which will enable Employees to upgrade their skill and improve their levels of performance. The City will reimburse for the cost associated with upper level college courses and training sessions, in a curriculum related to a professional job related degree or certificate, approved in advance by the Department Head and City Manager.

The City Agrees to reimburse Employees for only the cost of tuition, books, and course related fees. The City will not reimburse for supplies or mileage used to travel to and from such courses. Payment shall be made upon successful completion of each course with a grade B or higher, with or B- not qualifying. This provision shall be limited to $5,000 per fiscal year, without any carryover, and subject to budgetary allocations and availability.

9.00 SPECIAL BENEFITS/CHIEF OF POLICE AND POLICE CAPTAIN The City agrees that in addition to any other benefits, the Chief of Police and the Police Captain shall be entitled to those benefits set out in Attachment B, a copy of which is attached thereto and incorporated herein by this reference.

10.00 AUTOMOBILE POLICY
All Department Heads shall either be assigned a City vehicle, receive a monthly automobile allowance, or be reimbursed a mileage reimbursement at the rate set by the Internal Revenue Service as an allowable deduction for automobile business expenses when the management employee is using his/her private automobile for City business.

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If a Department Head elects to receive the automobile allowance, it shall be paid on a biweekly basis and included with the City’s payroll process. The amount of the biweekly automobile allowance shall be $125.00 per pay period.

A Department Head using their private vehicle for City business must provide the City with a copy of their automobile liability insurance in an amount not less than $300,000 for personal injury and $100,000 for property damage.

11.00 A Department Head shall not receive more than one of these alternatives in any calendar month.

11.01 CELL PHONE REIMBURSEMENT
Employees who are required to use their personal cell phone for City business will receive $50 per month cell phone reimbursement. The City will not be responsible for cell phone
replacement, damage or any other costs associated with the Employee’s personal cell phone. A cell phone reimbursement participation form will be signed by each Employee and kept on file.

12.00 GRIEVANCE PROCEDURE
A Department Head may grieve any matter involving an interpretation of the terms of his/her benefits set out herein by following steps 1 and 2 below:

Step 1: Informal meeting with the City Manager in an attempt to resolve the grievance.

Step 2: If the grievance cannot be resolved by the Department Head and City Manager, it shall be presented to the City Council in Closed Session or at the option of the Department Head in an open meeting.

All other management employees may grieve any matter involving an interpretation of the terms of the benefits in accordance with the procedures established in the Personnel Rules and Regulations.

13.00 COMPENSATION

13.01 Miscellaneous Employees
Effective the first full pay period after July 1, 2024, the salary range for each miscellaneous classification in the unit will receive a three percent (3%) salary increase.

Effective the first full pay period after July 1, 2025, the salary range for each miscellaneous classification in the unit will receive a three percent (3%) salary increase.

Effective the first full pay period after July 1, 2026, the salary range for each

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miscellaneous classification in the unit will receive a three percent (3%) salary increase.

13.02 Safety Employees
Effective the first full pay period after July 1, 2024, the salary range for each miscellaneous classification in the unit will receive a three (3%) salary increase.

Effective the first full pay period after July 1, 2025, the salary range for each miscellaneous classification in the unit will receive a three percent (3%) salary increase.

Effective the first full pay period after July 1, 2026, the salary range for each miscellaneous classification in the unit will receive a 3 percent (3%) salary increase.

13.03 Additional Wage Increases
The following positions will receive adjustments effective the first full pay period after July 1, 2024:
• Administrative Services Director: 5%
• Community Development Director: 5%
• Administrative Secretary / Analyst: 4%
• Finance Manager, Human Resource Manager: 4%
• Public Works Director shall be set at the same rate as the Administrative Services and Community Development Director
• Public Works Director / City Engineer shall be set at 5% above the Public Works Director.

The following positions will receive adjustments effective the first full pay period after July 1, 2025:
• Administrative Services Director: 2%
• Community Development Director: 2%
• Administrative Secretary / Analyst: 4%
• Finance Manager, Human Resource Manager: 4%
The following positions will receive adjustments effective the first full pay period after July 1, 2026:
• Finance Manager, Human Resource Manager: 4%

13.04 DEPUTY CITY MANAGER
Any position designated as the Deputy City Manager will receive a 5% salary increase from their current classification.

14.00 “AT WILL” POSITIONS
The management and confidential positions listed in Attachment A are “at will”

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positions, meaning that they serve at the pleasure of the City Manager and may be removed at any time, with or without cause.

Mali LaGoe, City Manager

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ATTACHMENT A

MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Administrative Services Director
Administrative Services Director /Deputy City Manager
Chief of Police
Community Development Director
Community Development Director/
Deputy City Manager
Public Works Director
Public Works Director/City Engineer
Public Works Director/City Engineer/
Deputy City Manager
City Clerk
Police Captain
Finance Manager
Human Resources Manager
Administrative Secretary/Analyst
Department Head
Department Head
Department Head
Department Head
Department Head
Department Head
Department Head
Department Head
Non-Department Head
Non-Department Head
Non-Department Head
Non-Department Head
Confidential

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ATTACHMENT B

POLICE CHIEF AND POLICE CAPTAIN / SPECIAL BENEFITS
(Applicable to Police Chief and Captain Only)

1. LEGAL DEFENSE
The City shall provide legal representation and necessary coverage for the protection and defense of the Police Chief and Police Captain (“Covered Employee”) of the City of Scotts Valley Police Department acting legally in his / her sworn capacity while “on or off duty”, and in accordance with the requirements of the California penal Code. The City agrees to provide the necessary legal liability coverage and legal representation to cover any litigation brought against the Covered Employees as a result of his / her actions as a Peace Officer.

2. ASSIGNED POLICE VEHICLE
The Police Chief and Captain may be assigned an unmarked police unit from the Department fleet for his / her full time use, due to the nature of his / her employment.

3. HEALTH AND SAFETY - EQUIPMENT
City shall comply with all applicable State, Federal and County Safety Regulations and shall furnish all safety equipment required by law or deemed necessary by the City Manager, to the Covered Employee. At the commencement of employment, Covered Employee shall be provided safety equipment by the City as follows:

One (1) leather belt for slacks
One (1) leather duty belt with: holster, clip holder, handcuff case, mace holder, baton ring, key ring, four (4) keepers, belt buckle, tape recorder holster One (1) weapon, clip and ammunition
One (1) O.C. spray canister
One (1) bullet-proof vest
One (1) set of handcuffs with key
One (1) expandable baton
One (1) police flashlight
One (1) tape recorder

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City shall provide all equipment deemed essential by the Chief of Police to complete assigned duties.

4. UNIFORMS
At the commencement of employment, Covered Employee shall be provided uniforms by the City as follows”
One (1) uniform hat and hat piece
Three (3) uniform shirts, long or short sleeve
Three (3) uniform slacks or skirts
One (1) uniform duty jacket
One (1) uniform dress jacket
Patches as required for above uniforms
One (1) name tag for uniform shirt
One (1) name tag for uniform jacket
One (1) complete set of rain gear and rain boots
One (1) utility uniform
Two (2) collar emblems
One (1) duty badge
One (1) off-duty badge and badge wallet
The City agrees to maintain any required uniform for the Covered Employee.

5. MILEAGE ALLOWANCE
When Covered Employee is required to use his / her personal vehicle on City business, the City shall pay the mileage allowance provided by the rules and regulations of the Internal Revenue Service. When reimbursable to the City under POST Plans, the City shall pay maximum mileage allowance provided by rules and regulations of the POST Plan.

6. AMOUNT OF DURATION OF PAYMENT
Covered Employee shall be entitled to receive industrial sick leave with pay equal to the difference between 100% of his / her normal salary and the amount of any Worker’s Compensation temporary disability payments to which the Covered Employee is entitled during such incapacity for a period not to exceed one (1) calendar year from the date of such sickness or injury.

7. PEACE OFFICERS’ BILL OF RIGHTS
The City and the Association acknowledge and reaffirm all rights and privileges granted to the Covered Employee by law, including, but not without limitation, those provisions of the Peace Officers’ Procedural Bill of Rights (Gov. Code § 33000 et seq.) And the Meyers-Milias-Brown Act (Gov. Code § 3500 et seq.).

8. RETIREMENT
Covered Employee is a management Safety member under PERS and shall be covered under the applicable Safety plan as defined in Section 6.05.02 of this Benefits Package.

9. TEMPORARY ASSIGNMENT TO HIGHER LEVEL VACANCY (Captain Only) An employee specifically on a temporary basis to a higher level position shall be compensated at the pay rate for the higher level position if the service in such position exceeds a total of twenty (20) days in any twelve (12) month period, and payment shall be retroactive to the first day of such service.

10. EFFECT OF ABSENCE ON CONTINUOUS SERVICE (Captain Only) Absence on authorized leave with or without pay, time during which an employee is laid off because his services are not needed and time during which an employee is temporarily not employed by the City shall not be considered as an interruption of continuous service if such absence is followed by re-employment within one (1) year. However, such absences shall not be counted in computing the employee’s years of continuous service.

11. AMOUNT AND DURATION OF PAYMENT
Covered employee shall be entitled to receive industrial sick leave with pay equal to the difference between 100% of his / her normal salary and the amount of any Worker’s Compensation temporary disability payments to which he / she is entitled during such incapacity for a period not to exceed one (1) calendar year from the date of such sickness or injury.

MEMORANDUM OF UNDERSTANDING
Between the City of Scotts Valley and Scotts Valley MidManagement Association July 1, 2024 through June 30, 2027

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Contents

1.00 PREAMBLE...........................................................................................................................3

2.00 RECOGNITION.....................................................................................................................3

3.00 NO DISCRIMINATION ..........................................................................................................3

4.00 RELATIONSHIP AFFIRMATION...........................................................................................4

5.00 RELEVANT MATERIALS......................................................................................................4

6.00 CONTRACTING OUT ...........................................................................................................4

7.00 MANAGEMENT RIGHTS......................................................................................................4

8.00 PERSONNEL RULES/ACTIONS.......................................................................................5

8.01 Probationary Period.......................................................................................................5

8.02 Reclassification..............................................................................................................5

8.02.02 Reclassification Probationary Period .........................................................................5

8.03 Compensation Studies ..................................................................................................5

9.00 COMPENSATION .............................................................................................................5

9.01 General Wage Increases ...............................................................................................6

9.02 Additional Wage Increases............................................................................................6

9.03 Longevity .......................................................................................................................6

9.04 Boot Allowance..............................................................................................................6

9.05 Clothing Allowance ........................................................................................................7

9.05.01 Cleaning, Repair or Replacement of Damaged Clothing .....................................7

9.06 Exempt from Overtime Compensation...........................................................................7

9.07 Working Out of Classification Pay .................................................................................7

9.08 Vehicle Allowance .........................................................................................................8

9.09 Cell Phone Reimbursement...........................................................................................8

10.00 HEALTH AND WELFARE .............................................................................................8

10.01 Medical Plan ..............................................................................................................8

10.01.03 Optional Benefits ...................................................................................................9

10.01.04 Cash in Lieu ........................................................................................................10

10.01.05 Part-Time Employees ..........................................................................................10

10.01.06 Reopener in the Event of Provider Change .........................................................10

10.01.07 Dental Insurance..................................................................................................10

10.01.08 Vision Coverage ..................................................................................................10

10.02 Retiree Medical Benefits Coverage .........................................................................10

10.03 Deferred Compensation ..........................................................................................12

10.04 Life Insurance ..........................................................................................................12

10.05 LTDI.........................................................................................................................12

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10.06 State Disability Insurance ........................................................................................12

10.07 CalPERS Retirement System and Contribution.......................................................13

10.08 Child and Dependent Care Services .......................................................................13

10.09 Wellness Stipend.....................................................................................................13

11.00 HOLIDAYS........................................................................................................................13

11.01 Holidays ........................................................................................................................13

12.00 VACATION ..................................................................................................................14

12.01 Vacation Accrual......................................................................................................14

12.02 Vacation Accrual Maximum .....................................................................................15

12.03 Vacation - Illness .....................................................................................................15

12.04 Vacation Schedule Conflict......................................................................................15

12.05 Vacation Buy-back...................................................................................................15

13.00 LEAVES.......................................................................................................................16

13.01 Leaves .....................................................................................................................16

13.02 Sick Leave Accrual ..................................................................................................16

13.02.01 Sick Leave for Care of Immediate Family............................................................16

13.02.02 Unused Sick Leave/Termination ..........................................................................16

13.03 Paid Bereavement Leave ........................................................................................17

13.04 Personal Business Leave ........................................................................................17

13.05 Medical Leave - Insurance Coverage......................................................................17

13.06 Administrative Leave ...............................................................................................18

14.00 TRAINING .........................................................................................................................18

15.00 PEACEFUL PERFORMANCE - NO STRIKE/LOCKOUT..................................................18

16.00 STAY WELL PLAN—SUNSETS NOVEMBER 30, 2024 ....................................................19

17.00 CLASSIFICATIONS...........................................................................................................19

18.00 FULL UNDERSTANDING .................................................................................................20

19.00 TERM OF MEMORANDUM ..............................................................................................20 EXHIBIT A...................................................................................................................................21 EXHIBIT B...................................................................................................................................22

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MEMORANDUM OF UNDERSTANDING
between

CITY OF SCOTTS VALLEY
and

SCOTTS VALLEY MID-MANAGEMENT ASSOCIATION
JULY 1, 2024 - JUNE 30, 2027

1.00 PREAMBLE
The Memorandum of Understanding between the City of Scotts Valley and Scotts Valley Mid-Management Association (“Agreement”) is entered into and by the City of Scotts Valley (hereafter referred to as the “City”) and the Scotts Valley Mid-Management Association (hereafter referred to as the “Association”). Employee defined for the purpose of this agreement shall mean an Employee assigned to a classification within the Scotts Valley MidManagement Association as delineated in Exhibit A.

The City and the Association have met and conferred in good faith through their authorized representatives and have arrived at an understanding concerning wages, hours, working conditions and oaths of employment for the period of July 1, 2024, through June 30, 2027.

This contract is subject to Sections 3500-3510 of the Government Code of the State of California and Resolution No. 680.7 (Personnel Rules and Regulations ["PR&R's"]), of the City of Scotts Valley. In the event of conflict between this contract and City Resolution No. 680.7, this contract shall prevail.

The parties agree that this agreement along with the PR&R's in effect at the time this MOU is signed will constitute the only policies, rules, practices, agreements, resolutions and other such documents that shall be used in administering the terms and provisions herein. No changes to the PR&R's may be made unless changed through mutual agreement of both parties to this MOU.

2.00 RECOGNITION
Scotts Valley Mid-Management Association is comprised of all regular fulltime employees (hereinafter"Employee"), listed on Exhibit A, attached hereto.

The Association shall negotiate for wages and benefits on behalf of all Employees.

3.00 NO DISCRIMINATION
The City and the Association will cooperate in pursuing a policy of affirmative action, equal employment and equal promotional opportunity for all individuals in accordance with applicable law. There shall be no discrimination because of a person's political, religious or Union affiliation or

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belief, non-affiliation or non-belief, race, color, age, sex national origin, physical or mental disability, medical condition or information, martial or military
status, sexual orientation, ancestry, gender identity, gender expression, and/or any other category protected by federal and/or state law.

4.00 RELATIONSHIP AFFIRMATION
The Association recognizes its obligation to cooperate with the City to assure maximum service of the highest quality and efficiency to the citizens of Scotts Valley, consistent with its obligations to the Employees it represents. The City and the Association affirm the principle that harmonious labormanagement relations are to be promoted and furthered.

5.00 RELEVANT MATERIALS
The Association shall have the right to review at reasonable times and receive upon request without cost, copies of any and all current materials prepared, excluding privileged information, relating to wages, hours, and other terms and conditions of employment, which are relevant for the Association to fulfill its duties and obligations as the exclusive representative of unit Employees covered by this contract. The Association shall be given reasonable notice and given the opportunity to meet and confer with the City management prior to the adoption of a written ordinance, rule, resolution or policy related to the scope of representation. Reasonable notice shall be considered to be ten
(10) working days.

6.00 CONTRACTING OUT
The City will notify the Association at least ninety (90) days in advance if it intends to contract out work currently performed by Employees within the unit. Upon request, the City will meet with the Association to explain the reason to contract out and to solicit Association views on the proposal. The City retains the right to contract out work.

7.00 MANAGEMENT RIGHTS
The City reserves all rights with respect to matters of general legislative and managerial policy including, among others, the exclusive right to determine the mission of its constituent departments, divisions, commissions and boards; set standards of service; determine the procedures and standards for recruitment and selection of Employees within the law; direct its Employees; take disciplinary action; relieve its Employees of duties because of lack of work or for other good reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations will be conducted; require overtime; take all necessary actions to carry out its mission in emergencies; exercise complete

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control and discretion over its organization and the technology of performing its work; and to develop positive and productive employer/employee relationships. These rights shall not be limited except as specified in this agreement.

8.00 PERSONNEL RULES/ACTIONS

8.01 Probationary Period
The probationary period for newly hired Employees shall be twelve (12) months.

8.02 Reclassification

8.02.01 Reclassification/Classifications
The City retains the right to classify and/or reclassify positions. The City will notify the Association of the creation or abolition of classification and, upon request, meet and confer regarding the salaries attached to positions and/or the effect of changes on promotional opportunities.

8.02.02 Reclassification Probationary Period
Reclassified Employees shall not be subject to a
probationary period.

8.03 Compensation Studies
Employees may submit compensation surveys to the City for consideration of a possible salary adjustment. Once the surveys are prepared Employees will provide a copy to the City.

For the purpose of the survey:

1. The City of Santa Cruz, County of Santa Cruz, City of Watsonville, City of Capitola, and City of Scotts Valley shall be included.

2. The salary used for each position in each jurisdiction shall be the top step, plus maximum longevity pay, not including any other incentive pay.

3. The salary for any employees who pay the employee’s portion of the retirement shall be reduced by the percentage paid by the employee.

4. The maximum monthly medical premium benefit for a family for each position shall be added to reflect medical benefits.

5. The City shall determine which positions are comparable for each jurisdiction by comparing the job duties and responsibilities with those of the Scotts Valley Mid-Managers.

9.00 COMPENSATION

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9.01 General Wage Increases
Effective the first full pay period after Council approval of the MOU, or the first full pay period after July 1, 2024, whichever is later, the salary range for each classification in the unit will receive a three percent (3%) increase.

Effective the first full pay period after July 1, 2025, the salary range for each classification in the unit will receive a three and a half percent (3.5%) salary increase.

Effective the first full pay period after July 1, 2026, the salary range for each classification in the unit will receive a three and a half percent (3.5%) salary increase.

9.02 Additional Wage Increases
Effective the first full pay period in July of the respective years, or the first full pay period after Council approval of this MOU, whichever is later, the additional wage increases by position itemized in Exhibit B will go into effect in connection with the General Wage Increase from section 9.01.

See master salary schedule for respective amounts.

9.03 Longevity
The City agrees that all Employees with five (5) years of continuous service shall receive a 2.5% increase in pay on their 5th anniversary.

All employees with ten (10) years of continuous service shall receive an additional 2.5% increase in pay on their 10th anniversary. These longevity percentages stack, and, thus, the maximum longevity percentage is 5%.

The parties agree that, to the extent permitted by law, this is special compensation, and the City shall report this pay to CalPERS as "Longevity Pay" under 2 C.C.R. 571(a)(1) and 2 C.C.R. 571.1(b)(1).

9.04 Boot Allowance
The City shall provide for the issue of two (2) pairs of steel-toed or equal safety boots at a cost not to exceed $175 each pair, annually, for the following positions:
• Maintenance Division Manager
• Wastewater Division Manager
• Project Manager
• Wastewater Laboratory/Environmental Compliance
Manager.

The cost of repair shall be the responsibility of the Employee. The boots provided are for the purpose of safety and are to be worn at all

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times while on the job. Safety boots are optional at conferences, workshops and appropriate meetings. Failure to wear safety boots may be cause for disciplinary action.

9.05 Clothing Allowance
The City shall provide $250 per year for Employees, except the Accounting series, Analyst series, and Planner series, for clothing allowance for such things as shoes, rain boots, rain coats, protective wear and gloves.

Uniforms (shirts and pants) shall be provided to the Maintenance Division Manager, Wastewater Division Manager, and Wastewater Laboratory/Environmental Compliance Manager and cleaned at City expense.

9.05.01 Cleaning, Repair or Replacement of Damaged Clothing The City shall pay for the cleaning, repairing or
replacement of any personal clothing that is soiled or
damaged while in the performance of duties on the job.

9.06 Exempt from Overtime Compensation
Employees that are salaried, are exempt from the overtime compensation requirements of the Fair Labor Standards Act.

9.07 Working Out of Classification Pay
All assignments to an out of classification position shall be set forth on a personnel transaction report form prior to the first day of assignment and shall be approved by the appointing authority.

1. In accordance with CalPERS, an out-of-class appointment occurs when an employee is approved by the appointing
authority to temporarily work in a higher classification, due to a business need or vacancy for which a recruitment may or may not be initiated. The employee must be eligible to work in the higher classification and perform all duties of that position for more than three (3) consecutive days.

2. Mid-Managers appointed by the appointing authority to serve as the interim department head shall be paid a salary increase of no less than five percent (5%) below the first step of the department head salary of the department to which he/she is appointed, and payment shall continue for the duration of such appointment.

3. Temporary Upgrade Pay (TUP) –The parties agree that, to the extent permitted by law, out-of-classification pay is special compensation, and the City shall report this pay to CalPERS for Classic Members only as "Temporary Upgrade Pay" under 2 C.C.R. 571(a)(3).

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9.08 Vehicle Allowance
Mileage reimbursement, using the current IRS rate, shall be provided to mid- managers who utilize their own vehicles for City business. City vehicles shall not be taken home by Employees.

9.09 Cell Phone Reimbursement
Employees who are required by their Department Head to use their personal cell phone for City business will receive a $50 per month cell phone reimbursement. The City will not be responsible for cell phone replacement, damage or any other costs associated with the Employee’s personal cell phone. A cell phone reimbursement participation form will be signed by each Employee and kept on file.

10.00 HEALTH AND WELFARE

10.01 Medical Plan

10.01.1 CalPERS Medical
The City provides medical insurance through the California Public Employees' Retirement System (CalPERS). The City's contribution towards medical coverage will be the minimum amount required by Government Code section 22892 for regular full-time employees and retirees (“PEMHCA minimum”).

10.01.1.01 Cafeteria Plan
The City will also make available a Flexible Benefit Plan (Cafeteria Plan) for active employees. The City shall also pay administrative fees and contingency reserve fund assessments, if any.

10.01.02 City Contributions
a. The City contributes the following amounts to the cafeteria plan per month on behalf of each bargaining unit member.

Unit members electing health coverage (including the
optional benefits below) with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit member’s pay on a pretax basis. In the event the employee’s monthly health elections are less than the amount shown on the chart
below, the difference shall be provided as taxable cash.

Enrolment Level City Contribution
(Enrolled by
irrevocable election
prior to 1/1/22)
City
Contribution
(Enrolled
After 1/1/22)
Employee only $ 1,060.90 $ 1,030.00
Employee +1 $ 2,121.80 $ 2,030.00

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Employee +2 or
More
$ 3,182.70 $ 3,090.00
The above amounts are inclusive of the City contribution set forth in section 10.01.1 above.
b. Effective January 2025, the City shall contribute the following amounts to the cafeteria plan per month on behalf of each bargaining unit member. The below amounts are inclusive of the City contribution set forth in section 10.01.1 above.

The City’s monthly contribution for employee only shall be equal to the monthly medical premium cost for the
plan chosen by the employee or one hundred percent
(100%) of the cost at the Employee Only level of the
average plan premiums offered by the CalPERS
Health Benefit Medical Program for Region 1
(excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties),
whichever is less.

The City’s monthly contribution for employee +
dependents shall be equal to the monthly medical
premium cost for the plan chosen by the employee or
ninety five percent (95%) of the difference between the average “Employee Only” premium calculation above
and the same average premium calculation at the
employee’s coverage level of health plans offered in
CalPERS Medical Region 1 (excluding out of state
plans and plans not available in Monterey, Santa Cruz,
or Santa Clara counties), whichever is less.
c. Effective January 2026, for employee + dependents, the City’s monthly contribution shall be equal to the monthly medical premium cost for the plan chosen by the employee or ninety percent (90%) of the difference between the average “Employee Only” premium calculation above (see subdivision b) and same average premium calculation at the employee’s coverage level, whichever is less (excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties). This amount is inclusive of the City contribution set forth in section

10.01.1 above.

10.01.03 Optional Benefits
Employees may also elect the following optional benefits:

1. Medical reimbursement account

2. Dependent care assistance plan

3. AFLAC supplemental insurance

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Employees who elect optional benefits shall use salary deductions to cover the cost of the optional benefits.

10.01.04 Cash in Lieu
Effective January 1, 2025, employees who provide adequate proof of alternative essential minimum medical coverage for themselves and their tax family, shall receive three hundred dollars ($300) per month in lieu of City-provided medical insurance.

10.01.05 Part-Time Employees
Regular part-time employees shall be eligible to receive health benefits on a pro-rated premium basis given the ratio of their work schedule to full-time work, and subject to the minimum number of hours specified in the City’s current health benefits plan.

10.01.06 Reopener in the Event of Provider Change
In the event that no PERS HMO and/or no PERSChoice contract with one of the major care providers in the area (Sutter, Dominican, Santa Cruz Medical Clinic, Kaiser or Physicians Medical Group) during the term of this MOU, the parties agree that to re-open section 11.01.

10.01.07 Dental Insurance
As soon as administratively possible after Council approval of this MOU, the City shall provide dental insurance to employees and cease the previous program. The City shall pay 100% of the employee only premium and shall pay 100% of the employee + dependents premium.

10.01.08 Vision Coverage
The level of existing vision coverage will remain in effect for the term of this agreement. The City will continue to cover the cost of vision coverage benefits under the Vision Service Plan up to $20 per month for the employee and dependent level election premium cost.

10.02 Retiree Medical Benefits Coverage
It is the purpose of the Employees Retiree Medical Coverage program to provide for medical insurance compensation to retired Employees in order to ensure that these individuals, who have dedicated a number of years of service to the City of Scotts Valley, do not face an economic hardship at the time of retirement in paying for medical insurance coverage.

To be eligible an Employee:

1. Must have been employed with the City for ten (10) years or longer.

2. Shall retire from the City of Scotts Valley. Public safety persons shall be eligible for this benefit upon retiring at age 50 or older; all other Employees shall be eligible upon retiring at age 55 or older.

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Retirement shall be defined as "retiring under the provisions of the CalPERS Retirement Plan."

3. The retired Employee shall provide annual proof on the anniversary of retirement of current medical insurance coverage including the costs to the retiree. The retiree must notify the City if the medical insurance policy is canceled. Failure to carry medical insurance or to notify the City of its cancellation will eliminate eligibility for this benefit. The retired Employee must secure his/her own medical insurance coverage.

4. The retiree medical benefit shall be provided to the retiree and the retiree’s spouse. However, this benefit shall only be payable while the retiree is living and shall not be payable to the retiree’s spouse after the retiree’s death.

The medical benefit will be provided at the following rates, which are inclusive of Public Employees Medical & Hospital Care Act (PEMHCA) minimum for those utilizing a CalPERS medical plan:

A. For Employees hired on or before June 30, 2018:

The medical benefit shall be provided directly to the retiree at following rates:
(1) For EMPLOYEES who have served 10 to 20 years
with the City: 100% of premiums to a maximum of
50% of the PERS-Platinum plan premium level
(benchmark plan);
(2) For EMPLOYEES who have served 20-30 years with
the City: 100% of the premiums to a maximum of 67%
of the PERS-CARE plan;
(3) For EMPLOYEES who have served over 30 years
with the City: 100% of the premiums to a maximum of
75% of the PERS-CARE plan.

B. For Employees hired between July 1, 2018 and August 31, 2021:
a. For EMPLOYEES who have served 10 to 15
years with the City up to a maximum of monthly
contribution of:

Employee Only:
250.00 Employees
plus Spouse: 375.00
b. For EMPLOYEES who have served 15 to 20
years with the City up to a maximum of monthly
contribution of:

Employee Only:

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350.00 Employees
plus Spouse: 550.00
c. For EMPLOYEES who have served over 20
years with the City up to a maximum of monthly
contribution of:

Employee Only: 500.00
Employees plus Spouse: 750.00
For Employees hired on or after September 1, 2021
For bargaining unit members hired on or after September 1, 2021 or the effective date of the City’s CalPERS contract amendment, whichever is later, and who retire from the City while meeting the eligibility for CalPERS retiree health insurance, the City’s maximum contributions toward employee retiree medical coverage shall be the statutory minimum amount required under the PEMHCA, as
determined by CalPERS under Government Code Section 22892.

10.03 Deferred Compensation
Employees may contribute to a City authorized deferred
compensation account (authorized under the Internal Revenue Code Section 457) via salary redirection.

Effective January 1, 2025, the City will match up to $50.00 during the 1st and 2nd pay period of each month (up to a maximum of $100.00 per month) of an employee’s contribution. The combined contribution between the City’s and the employee’s contribution cannot exceed the maximum permitted by law.

10.04 Life Insurance
The City shall pay the premium for a $50,000 life insurance plan for all unit Employees.

10.05 LTDI
The City shall continue in effect and pay the full premium for the existing long term disability insurance program.

10.06 State Disability Insurance
Employees shall be eligible for paid sick leave benefits in accordance with City rules. Employees shall continue to pay the premium cost for State Disability Insurance. It shall be the Employee's responsibility to apply for State Disability benefits and to file with the City immediately upon receipt from the Department of Employment the "Notice of Calculation" for Disability Insurance. Upon receipt of the notice the City shall adjust the Employee's sick leave usage and wages for the affected period so their net pay is equal to that which they would receive if working.

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10.07 CalPERS Retirement System and Contribution
A. Classic Employees
The City provides the CalPERS pension formula of 2.5% at age 55 plan, with the one-year final compensation benefit, for all eligible Employees hired on or before December 31, 2012 or hired after such date but already in the CalPERS system as a classic member without a six-month break in service.

All classic employees shall contribute 8.0% of PERSable salary toward the employee’s contribution.

B. PEPRA Employees
For those Employees hired on or after January 1, 2013 to the City of Scotts Valley, new to the CalPERS system, the City shall provide 2% at 62. PEPRA employee contributions shall be 50% of the normal cost as determined by CalPERS and may change on an annual basis.

10.08 Child and Dependent Care Services
City has implemented a child and dependent care services flexible spending program, whereby employee dollars spent on child and dependent care services may be sheltered from taxation. This type of program is described in Internal Revenue Code Section 129. The cost of administering this voluntary program shall continue to be borne by the participating employee.

10.09 Wellness Stipend
Effective the first full pay period upon ratification, the City shall provide a $50 per month wellness stipend through payroll as taxable income to all bargaining unit members.

11.00 HOLIDAYS

11.01 Holidays
Each Employee of the bargaining unit shall be entitled to the following holidays and to receive wages based on the normal scheduled work for the day. Any holiday that would otherwise be on a Saturday will be taken on the preceding Friday. Any holiday that would otherwise be on a Sunday will be taken on a Monday.
1) The first day of January
2) Third Monday in January - Dr. Martin Luther King, Jr. Day 3) The third Monday in February - Washington's Birthday 4) The last Monday in May - Memorial Day
5) June 19th - Juneteenth
6) July 4th - Independence Day

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7) The first Monday in September - Labor Day
8) The second Monday in October – Indigenous
Peoples’ Day / Columbus Day
9) November 11th - Veteran's Day
10) Thanksgiving Day
11) The day following Thanksgiving
12) The day preceding Christmas
13) Christmas Day
14) The day preceding New Year’s Day
15) Two floating holidays per fiscal year. (Must be scheduled in advance and approved by a supervisor (Employees must use the floating holidays within the fiscal year or lose those holidays for that fiscal year.)
16) Every day declared a holiday by the City Council by resolution.

12.00 VACATION

12.01 Vacation Accrual
Employees shall accrue paid vacation as follows:
a) Less than five years:

For Employees completing less than five (5) years continuous service, eight
(8) hours for each month of service. (Twelve days per year.) b) Five years or more but less than ten years:

For Employees completing five or more years but less than ten (10) years of continuous service, eleven and one-third (11-1/3) hours for each month of service. (Seventeen days per year.) c) Ten years or more but less than fifteen years:

For Employees completing ten (10) or more years but less than fifteen (15) years of continuous service, fourteen and two-thirds (14-2/3) hours for each month of service. (Twenty-two days per year.)
d) Fifteen years or more:

For Employees completing fifteen (15) or more years of
continuous service, fifteen and one-third (15 1/3) hours for each month of service (Twenty-three days per year).
e) New employees may accrue paid vacation at a rate within one of the foregoing tiers, as negotiated upon hire and

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approved by the City Manager.
f) Upon Employee’s written request submitted by December 31, 2024, all current employees hired before June 30, 2024, could receive credit for prior equivalent experience and their prior years of experience to be counted as years of service for the purposes of accruing vacation, upon City Manager approval.

Any changes to a current employee’s accrual rate due to this section shall be on a prospective basis only and previously accrued hours will not be adjusted.

12.02 Vacation Accrual Maximum
Employees shall be allowed to accrue a maximum of 2 times their annual vacation accrual rate provided under Section 13.01. If an employee has reached his or her accrual maximum, the employee will stop accruing vacation until they are below the maximum accrual limit.

The accrual limit may be temporarily deferred by written approval of the City Manager when in the best interest of the City.

It is the responsibility of Employees to review the vacation accrual balance printed on each paycheck stub to ensure that he/she uses vacation within the accrual cap unless deferment is requested and obtained from the City Manager as provided herein.

If an Employee has requested and been denied vacation leave within four (4) months of the time that the vacation accrual maximum is reached, enforcement of the vacation leave accrual maximum shall be postponed only for the actual amount of the vacation leave that was requested and denied, for six (6) months from the date of denial. The City will make reasonable efforts to ensure that the Employee is able to use vacation time to maintain the Employee’s accrual below the maximum.

12.03 Vacation - Illness
If an Employee becomes ill while on vacation and such illness can be supported by a written statement from a licensed medical practitioner, or if the Employee is hospitalized for any period, the Employee at the Employee option shall have the period of illness charged against sick leave, if accrued, instead of vacation time.

12.04 Vacation Schedule Conflict
In the event of a conflict in scheduling vacations within a department, the Employee with the greatest seniority shall receive preference.

12.05 Vacation Buy-back
The City will buy back up to eighty (80) hours of vacation annually, provided the employee irrevocably elects to do so by December 15 of the prior calendar year per the below requirements and as long as the Employee has an accrued vacation balance of at least one week (40

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hours) of vacation remaining following the buy back. To make the irrevocable election, the employee must submit a written irrevocable election form to the City Manager or designee by December 15, which requests to cash out up to eighty (80) hours of vacation leave earned in the subsequent calendar year. The cash-out will occur in the first full pay period in December of the following calendar year. For example, an employee who submits an irrevocable election form by December 15, 2024 shall receive the cash out in December of 2025, assuming the employee has accrued sufficient vacation in 2025 for the cash out amount and assuming forty (40) hours of vacation remaining following the buy back.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that same year, the vacation used will come from vacation earned in the prior year. This is to ensure the vacation used will not reduce the amount of vacation the employee will be eligible to cash out.

13.00 LEAVES

13.01 Leaves
Leaves shall be as set forth in the City's Personnel rules.

13.02 Sick Leave Accrual
Effective immediately, the maximum accrual of sick leave shall be one hundred fifty (150) days.

13.02.01 Sick Leave for Care of Immediate Family
The usage of sick leave for family members shall
be governed by the following provisions:

1. Sick leave shall be allowed and used in the
case of sickness, disability, medical or dental
treatment of a member of the Employee's
immediate family (as defined in the City
Personnel Rules & Regulations).

2. A limit of six (6) days per fiscal year may be
used for sick leave for family members.

3. When calling in sick the Employee is required
to indicate that this is sick leave for family
members.

4. All other provisions of the City Personnel
Rules & Regulations dealing with sick leave
shall apply to sick leave for family members.

13.02.02 Unused Sick Leave/Termination
Upon termination, any unused accrued sick

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leave, up to a maximum of one hundred twenty
(120) days, shall be paid at the following rate:

Years of Service Percentage (%) of
Base Salary
5-10 years 27.5
10 years + 1 day -15 years 40
15 years + 1 day - 20 years 60
20 years +1 day - 25 years 70
25 years + 1 day and beyond 80
In lieu of payoff of sick leave at the above rates, City has amended the PERS contract to add Section 20862.8 of
the California Government Code (Credit for Unused Sick
Leave). Unused accumulated sick leave at time of
retirement, up to the maximum of 150 days, may be
converted to additional Service Credit."

13.03 Paid Bereavement Leave
Employees shall be granted leave in the event of the death of a member of the Employee's immediate family. The leave available is up to five (5) working days per death. Up to forty such hours are paid.

To receive pay for hours in excess of forty, the employee may use any of his or her paid leave accruals, e.g. sick leave, vacation leave, compensatory time off. The immediate family is defined as husband, wife, domestic partner, parent, grandparent, sister, brother, son, daughter, grandchild, mother-in-law, father-in-law, or any person living in the immediate household of the Employee.

The leave need not be used consecutively but must be used within three months.

13.04 Personal Business Leave
Employees within the bargaining unit shall be eligible to use forty (40) hours per fiscal year of personal leave to be taken in increments of one hour or more with the time chargeable to accumulated sick leave.

The taking of personal leave shall be approved in advance by the department head. Approval shall be at the discretion of the department head with due regard for the needs of the Employee.

Personal leave shall be taken only for purposes of pressing personal business which does not qualify for paid sick leave.

13.05 Medical Leave - Insurance Coverage
The City shall continue to provide paid health, dental, and vision coverage to Employees as provided for in Section 11.01, during the first three (3) months of a medical leave. In the event an extension of

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the medical leave is granted beyond three (3) months, the City shall pay half the insurance premium the City would otherwise pay through the sixth (6th) month of the leave, at which time the Employee may purchase insurance coverage at group rates through the City at his/her own sole cost and expense.

13.06 Administrative Leave
Employees shall be entitled to sixty-four hours of administrative leave per fiscal year, commencing on July 1 of each fiscal year.

Administrative leave is not cumulative from year to year. Any remaining balance of administrative leave hours will be cashed out effective June 30th of each year.

Administrative leave may be taken in connection with vacation.

Administrative leave shall be prorated if employment is commenced during the fiscal year.

14.00 TRAINING
The City shall maintain, consistent with budgetary allocations and availability, a training program which will enable Employees to upgrade their skills and improve their levels of performance. The City will reimburse for the costs associated with upper level college courses and training sessions, in a curriculum related to a professional job related degree or certificate, approved in advance, by the Department Head and City Manager..

The City agrees to reimburse Employees for only the cost of tuition, books, and course-related fees. The City will not reimburse for supplies or mileage.

Payment shall be made upon successful completion of each course with a grade of B or higher, with a B- not qualifying. This provision shall be limited to $5,000 per fiscal year, without any carryover, and subject to budgetary allocations and availability.

15.00 PEACEFUL PERFORMANCE - NO STRIKE/LOCKOUT
The Association agrees that during the term of this Memorandum of Understanding neither it nor the Employees it represents will engage in, encourage, sanction, and/or support: (1) strikes, (2) slowdowns, (3) mass resignations, (4) mass absenteeism, (5) picketing which would involve suspension of or interference with normal work of the department or other City departments, or (6) any other similar actions which would involve suspension of or interference with normal work of the department or other City departments.

In the event of any job action as described in (1) - (6) above, the Association will immediately notify involved Employees that the action(s) is in violation of this section and direct them to cease the action(s).

The City shall not lockout any Employee in the bargaining unit.

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16.00 STAY WELL PLAN—SUNSETS NOVEMBER 30, 2024
The specific purpose of the Stay Well Plan is to encourage Employees to stay physically fit and well and to miss as few work days as possible due to illness or any other reason. The Stay Well Plan includes the following provisions:
1) The Stay Well Year shall be from December 1 through November 30. 2) To be eligible for the Stay Well Plan, Employees must have accumulated thirty (30) sick days (240 hours).
3) All sick leave (other than personal leave days) taken by Employees, regardless of the reason, shall be deducted from the potential Stay Well Bonus.
4) The Stay Well Bonus shall be payable in a separate check to all eligible Employees on the first pay date in December at the straight time salary rate in effect on November 30 of each year. 5) Employees shall have the option of receiving a Stay Well Bonus on the first pay date in December or crediting their unused sick leave to their total accumulation. A decision to credit unused sick leave to accumulation must be presented in writing to the City Administrator prior to December 1 of each year. The City shall provide a written reminder of this provision to all Employees no later than November 1 of each year.
6) Eligible Employees shall receive a Stay Well Bonus, or a pro rata share, according to the following schedule should they become eligible at some point during the Stay Well Year.

Sick Leave Bonus Straight Time Bonus Pro Rata Bonus
0 Sick Days 60 hours 62.5%
1 Sick Day 50 hours 52.1%
2 Sick Days 40 hours 41.6%
3 Sick Days 30 hours 31.3%
4 Sick Days 20 hours 20.8%
5 Sick Days 10 hours 10.4%
6-12 Sick Days Straight 0 hours 0.0%
The last Stay Well bonus will be paid on November 30, 2024.

Effective December 1, 2024, the Stay Well Plan has ended.

17.00 CLASSIFICATIONS
City agrees to update the Mid-Manager classification list to include current classification titles and to update salary schedules to list salaries for all Middle-Management positions, including those not currently budgeted or filled.

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18.00 FULL UNDERSTANDING
This Memorandum of Understanding contains all the covenants, stipulations, and provisions agreed to by the parties. It is understood that all terms relating to Employee wages, hours and other terms and conditions of employment not covered by this Memorandum of Understanding shall remain the same for the term of this Memorandum of Understanding shall remain the same for the term of this Memorandum of Understanding. Therefore, except by mutual agreement of the parties or as specifically provided otherwise herein, for the life of this Memorandum of Understanding neither party shall be compelled to bargain with the other concerning any mandatory bargaining issue whether or not the issue was specifically bargained prior to the execution of this Memorandum of Understanding

19.00 TERM OF MEMORANDUM
This Memorandum of Understanding shall become effective upon the approval of the City Council and the Association and shall remain in full force and effect from July 1, 2024, to June 30, 2027.

CITY OF SCOTTS VALLEY
By: Mali LaGoe
City Manager

SCOTTS VALLEY MID-MANAGEMENT

ASSOCIATION
By: Sarah Wikle
Approved as to Form:

By: Kirsten Powell
City Attorney
By:

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EXHIBIT A

MID-MANAGEMENT CLASSIFICATIONS
Accountant II
Associate Civil Engineer
Building Official
City Engineer
Civil Engineer
Maintenance Division Manager
Principal Planner
Project Manager
Recreation Division Manager
Senior Accountant
Senior Administrative Analyst
Senior Civil Engineer
Senior Management Analyst
Senior Planner
Wastewater Division Manager
Wastewater Laboratory / Environmental Compliance Manager

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EXHIBIT B
Additional Wage Increases by classification and respective year. Increases effective the first full pay period in July of the respective year.

Classification 7/1/2024 7/1/2025 7/1/2026
ACCOUNTANT II -10% 0% 0%
BUILDING OFFICIAL 3% 2% 0%
CITY ENGINEER 18% 5% 5%
CIVIL ENGINEER 10% 5% 5%

MAINTENANCE DIVISION

MANAGER
4% 4% 0%
PRINICPAL PLANNER 5% 4% 0%
PROJECT MANAGER 4% 4% 0%

RECREATION DIVISION

MANAGER
2% 2% 0%

WASTEWATER LAB/ ENVIRO
MGR
5% 3% 3%

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12553659.1 SC010-006

Memorandum of Understanding
Between the CITY OF SCOTTS VALLEY and the

SCOTTS VALLEY POLICE SUPERVISORS ASSOCIATION
JULY 1, 2024 – JUNE 30, 2027

TABLE OF CONTENTS
Page
Page | i
Contents

1.00 ASSOCIATION RECOGNITION............................................................................. 1

1.01 Recognition of Association........................................................................ 1

1.02 Notice of Recognized Association ............................................................ 1

1.03 Payroll Deduction and Pay Over............................................................... 1

1.04 Association Dues, Initiation Fees and Credit Union Share Contribution .............................................................................................. 2

1.04.01 Dues and Initiation Fees and Association Certification........ 2

1.04.02 Credit Union Share Contributions........................................ 2

1.04.03 PORAC Dues ...................................................................... 2

1.05 Indemnification.......................................................................................... 3

1.06 Bulletin Boards.......................................................................................... 3

1.07 Use of Employer Facilities ........................................................................ 4

1.08 Job Contacts............................................................................................. 4

1.09 Bargaining Committee .............................................................................. 4

1.10 Alternative Locations................................................................................. 4

2.00 HIRING PROVISIONS ........................................................................................... 4

2.01 Non-Discrimination ................................................................................... 4

2.02 Employment.............................................................................................. 5

3.00 HOURS OF WORK, SHIFTS, SCHEDULES, REST BREAKS, LUNCH BREAKS.............................................................................................................. 5

3.01 Work Schedule and Departmental Shift Change ...................................... 5

3.02 Hours of Work........................................................................................... 5

3.03 Voice Mail / Email ..................................................................................... 6

3.04 Rest Breaks and Lunch Breaks ................................................................ 6

4.00 OVERTIME ............................................................................................................ 6

4.01 Regular Work Schedule Requirement ...................................................... 6

4.02 Authorization of Overtime ......................................................................... 6

4.03 Statutory Definition of Overtime................................................................ 6

4.04 Contractual Definition of Overtime ............................................................ 7

4.05 Reservation of Rights................................................................................ 7

4.06 Fractions of Less than Eight (8) Minutes................................................... 7

4.07 Compensatory Time Off ("CTO") .............................................................. 8

4.08 Shift Adjustments...................................................................................... 8

5.00 HEALTH AND SAFETY.......................................................................................... 8

5.01 Health and Safety - Equipment................................................................. 8

TABLE OF CONTENTS
(continued)
Page
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5.02 Equipment................................................................................................. 9

6.00 UNIFORMS............................................................................................................ 9

7.00 HOLIDAYS........................................................................................................... 10

8.00 HEALTH AND WELFARE BENEFITS.................................................................. 11

8.01 Medical Plan ........................................................................................... 11

8.01.01 CalPERS Medical.............................................................. 11

8.01.02 Cafeteria Plan.................................................................... 11

8.01.03 City Contribution................................................................ 11

8.01.04 Optional Benefits ............................................................... 13

8.01.05 Cash in Lieu ...................................................................... 13

8.02 Section 125 Plan..................................................................................... 13

8.03 Dental and Vision.................................................................................... 13

8.04 Deductibles............................................................................................. 13

8.05 Long-Term Disability Insurance .............................................................. 13

8.06 Retiree Medical Coverage Program........................................................ 13

8.07 Life Insurance ......................................................................................... 15

8.08 Joint Committee for Health Care Cost Containment ............................... 16

9.00 CALL-BACK PAY ................................................................................................. 16

10.00 COURT APPEARANCE..................................................................................... 16

11.00 STANDBY PAY .................................................................................................. 17

11.01 On-Call Pay ............................................................................................ 17

12.00 ADDITIONAL COMPENSATION........................................................................ 17

12.01 Temporary Assignment to Higher Level.................................................. 17

12.02 Bilingual Pay ........................................................................................... 17

12.03 Daylight Savings Time ............................................................................ 18

12.04 POST Incentive Compensation............................................................... 18

12.05 Mileage Allowance.................................................................................. 18

12.06 Assignment Differential........................................................................... 18

12.07 Canine Officer Differential....................................................................... 19

12.08 FTO Pay ................................................................................................. 19

12.09 Stacking of Incentives............................................................................. 19

12.10 Wellness Stipend .................................................................................... 20

13.00 LEAVE OF ABSENCE........................................................................................ 20

13.01 Other Leave Without Pay........................................................................ 20

TABLE OF CONTENTS
(continued)
Page
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13.02 Outside Employment............................................................................... 20

13.03 Military Leave.......................................................................................... 20

13.04 Leave for Jury Duty................................................................................. 21

13.05 Maternity Leave ...................................................................................... 21

13.06 Parental Leave........................................................................................ 21

13.07 Bereavement Leave................................................................................ 21

13.08 Administrative Leave............................................................................... 22

14.00 VACATION......................................................................................................... 22

14.01 Vacation.................................................................................................. 22

14.02 Vacation Carry Over ............................................................................... 22

14.03 Effect of Absence on Continuous Service............................................... 23

14.04 Vacation Scheduling ............................................................................... 23

14.05 Rate of Vacation Pay .............................................................................. 23

14.06 Vacation Request Notification................................................................. 23

14.07 Vacation Buy-back.................................................................................. 24

15.00 SICK LEAVE ...................................................................................................... 24

15.01 Definition of Sick Leave .......................................................................... 24

15.02 Industrial Sick Leave............................................................................... 24

15.03 Amount and Duration of Payment........................................................... 24

15.04 Denial of Payment .................................................................................. 25

15.05 Sworn Employees................................................................................... 25

15.06 Sick Leave Accrual Rate......................................................................... 25

15.07 Medical Report........................................................................................ 26

15.08 Emergency Leave: Sickness in Immediate Family.................................. 26

15.09 Sick Leave Compensation on Termination ............................................. 26

15.10 Personal Leave....................................................................................... 26

15.11 State Disability Insurance ....................................................................... 27

16.00 LONGEVITY PAY............................................................................................... 27

17.00 GRIEVANCE PROCEDURES............................................................................ 27

17.01 Effect of Failure of Timely Action ............................................................ 28

17.02 Limitation on Stale Grievances ............................................................... 28

17.03 Exclusion of Non-Recognized Organizations.......................................... 28

18.00 SAVINGS CLAUSE............................................................................................ 28

19.00 ENACTMENT..................................................................................................... 28

20.00 PUBLIC SAFETY OFFICERS BILL OF RIGHTS................................................ 28

21.00 DEPARTMENT VEHICLES AND EQUIPMENT ................................................. 29

TABLE OF CONTENTS
(continued)
Page
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21.01 Definition of Vehicles .............................................................................. 29

21.02 Repairs ................................................................................................... 29

21.03 Unsafe Vehicles...................................................................................... 29

21.04 Claims - Unsafe Vehicles........................................................................ 29

21.05 Vehicle Maintenance............................................................................... 29

21.06 Vehicle Equipment.................................................................................. 29

21.07 Mileage ................................................................................................... 29

21.08 Vehicle Equipment Determination........................................................... 30

22.00 VOLUNTARY EDUCATIONAL INCENTIVE PROGRAM ................................... 30

22.01 Definition and Purpose............................................................................ 30

22.02 Objectives............................................................................................... 30

22.03 Procedures for Establishing Educational Incentive Pay.......................... 30

22.04 Eligibility.................................................................................................. 30

22.05 Education Committee.............................................................................. 30

22.06 Certification............................................................................................. 31

22.07 Effective Date ......................................................................................... 31

22.08 Educational Incentive Pay....................................................................... 31

22.09 Course Reimbursement.......................................................................... 31

23.00 RETIREMENT.................................................................................................... 32

24.00 LAYOFF POLICY ............................................................................................... 33

24.01 Layoffs .................................................................................................... 33

24.02 Order 33

24.03 Seniority.................................................................................................. 33

24.04 Special Skills........................................................................................... 33

24.05 Association President ............................................................................. 34

24.06 Notification.............................................................................................. 34

25.00 MANAGEMENT RIGHTS................................................................................... 34

26.00 PEACEFUL PERFORMANCE............................................................................ 34

27.00 STAY WELL PLAN – SUNSETS NOVEMBER 30, 2024.................................... 34

28.00 PAYMENTS........................................................................................................ 36

28.01 Items Not Covered by Agreement........................................................... 36

28.02 New Job Classifications.......................................................................... 36

28.03 Lieutenant Position ................................................................................. 36

29.00 TERM OF AGREEMENT ................................................................................... 36

30.00 ENTIRE AGREEMENT ...................................................................................... 36

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MEMORANDUM OF UNDERSTANDING
between

CITY OF SCOTTS VALLEY
and

SCOTTS VALLEY POLICE SUPERVISORS ASSOCIATION
July 1, 2024 – June 30, 2027
This Memorandum of Understanding, (the "Agreement") is made and entered into by and between the Scotts Valley Police Supervisors Association, hereinafter referred to as "Association," and the City of Scotts Valley, hereinafter referred to as "City," for and on behalf of its representative classification hereinafter identified.

1.00 ASSOCIATION RECOGNITION
Rights and Security.

1.01 Recognition of Association
The City hereby recognizes the Association as the exclusive collective bargaining agent for classifications of Police Lieutenant, Police Sergeant, and Police Services Supervisor.

1.02 Notice of Recognized Association
The Police Department ("Department") shall give written notice to persons newly employed in the classifications set out in Section 1.01, which shall contain the name and address of the Association as the organization recognized by the City as the exclusive bargaining agent for the Association. The City will direct all inquiries from employees about Association membership or dues deduction to the Association or Association’s designated agent.

1.03 Payroll Deduction and Pay Over
The City shall deduct Association dues, initiation fees, Peace Officers Research Association of California (“PORAC”), Credit Union Share Contribution and premiums for approved insurance programs from employees' pay in conformance with State, Federal, and local regulations from the monthly pay of each Association member employee. The Association will provide the City with information regarding the amount of dues deductions and the list of Association member employees who have affirmatively consented to or authorized dues deductions. The City shall remit the deducted dues and any other mutually agreed payroll deductions, to the extent permitted by law, to the Association as soon as possible after the deduction.

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The Association is responsible for providing the City with timely information regarding changes to Association member employees’ dues and any other lawful Association-related payroll deduction.

The City agrees to direct each Association member employee to the Association with regard to any questions or concerns related to membership dues, or any other mutually agreed payroll deduction, to the extent permitted by law.

1.04 Association Dues, Initiation Fees and Credit Union Share Contribution

1.04.01 Dues and Initiation Fees and Association Certification The City shall make payroll deductions in reliance on the Association’s certification that the Association has, and will, maintain an authorization signed by each Association member employee who affirmatively consents to pay Association membership dues. Similarly, the City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any Association member employees in reliance on the information provided by the Association. The City shall not request the Association to provide a copy of any Association member employees’ authorization unless a dispute arises about the existence or terms of the authorization. The Association shall notify the City immediately in writing of any changes to the list of employees from which deductions shall be taken.

1.04.02 Credit Union Share Contributions
In addition, the City agrees to deduct credit union share contributions and to transmit these deductions to the employee's applicable credit union at the employee's request. Such deduction(s) shall be authorized by signature on a proper assignment form.

1.04.03 PORAC Dues
At the request of the Members, City agrees to deduct and send deducted quarterly dues to PORAC headquarters for the general membership and to the PORAC Legal Defense Fund ("LDF"). Payments to PORAC and LDF are voluntary, and deductions shall be made only for those Members who have executed a proper deduction authorization form and presented it to the Chief of Police. Once the form is received, deductions will commence.

Members should present forms to the Chief as soon as possible. Payments will be made concurrently with and only in the amount of authorized deductions.

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1.05 Indemnification
The Association shall indemnify, defend, protect, and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs, and expenses (including but not limited to reasonable attorneys’ fees and court costs) arising from the application of provisions under Sections 1.03 and 1.04, including but not limited to, any claims made by any Association member employees for the membership dues deductions the City made in reliance on the Association’s certification and any claims made by any Association member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Association, provided that the City promptly notify the Association of any such matter for which it is seeking indemnification after the City has knowledge of the occurrence of such matter.

In the event any such action or proceeding is brought against the City by reason of any such claim, the Association, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Association agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Union’s actions or inaction. However, the Union shall have the exclusive right to direct counsel, control the defence of any action or proceeding, and determine whether any such action or proceeding shall or shall not be compromised, resisted, defended, tried or appealed—on the premise and condition that the Union shall fully compensate for any monetary loss to the City based on the Union’s determination, if any.

1.06 Bulletin Boards
Reasonable space shall be allowed on bulletin boards as specified by the Chief of Police for use by the Association to communicate with represented employees. Material shall be posted on the bulletin board space as designated, and not upon the walls, doors, file cabinets or any other place.

Posted material shall not be obscene, defamatory or of a partisan political nature, nor shall it pertain to public issues which do not involve the City or its relations with City employees. The City will post employment solicitations for police positions; however, Association shall maintain notices while they remain on the bulletin board and shall be responsible for their removal in a timely fashion. All posted material shall bear the identity of the sponsor, be neatly displayed and be removed when no longer timely.

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1.07 Use of Employer Facilities
Members of this bargaining unit are entitled to a twenty five percent (25%) discount on all City facility rentals.

1.08 Job Contacts
Any authorized representative of the Association shall have the right to contact individual Association member employees working within the Association in City facilities during business hours on matters within the scope of representation, providing prior arrangements have been made for each contact with the Chief of Police or designee who shall grant permission for such contact if, in the Chief’s judgment, it will not disrupt the business of the work unit involved or the Department.

1.09 Bargaining Committee
Members of the Association's bargaining committee shall be allowed time to absent themselves from duties for a reasonable period without loss of pay, for the purpose of participating in contract negotiations. No more than two (2) Members at a time may absent themselves from work for this purpose. Off-duty personnel participating in negotiations are not authorized compensation for this time. Members of Association's bargaining committee shall be extended the same privilege to participate in any meetings mutually called by the parties during the term of this Agreement for review of grievances and contract compliance questions. Adequate levels of police protection shall be maintained at all times.

1.10 Alternative Locations
When contact and bargaining on the work location is precluded by reason of confidentiality of records, work situations, health and safety of employees, the public, or disturbance to others, the Chief of Police designee shall have the right to make other arrangements for a contact location removed from the work area.

2.00 HIRING PROVISIONS

2.01 Non-Discrimination
There shall be no discrimination because of a person’s political, or Union affiliation or belief, non-affiliation or non-belief, ancestry, age (40 and above), color, disability (physical and mental, including HIV and AIDS), genetic information, gender identity, gender expression, marital status, medical condition (genetic characteristics, cancer or a record or history of cancer), military or veteran status, national origin (includes use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law, race, religion

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(includes religious dress and grooming practices) sex/gender (includes pregnancy, childbirth, breastfeeding, and/or related medical conditions, sexual orientation, or any other status protected under state or federal law.

2.02 Employment
The City shall not discipline, discharge or otherwise discriminate against any Association member employee for any Association activity which does not interfere with the proper performance of that employee's work.

3.00 HOURS OF WORK, SHIFTS, SCHEDULES, REST BREAKS, LUNCH BREAKS

3.01 Work Schedule and Departmental Shift Change
The Chief of Police has implemented a 3/12 work schedule for the patrol division.

The Chief of Police will designate the schedule that FTO's and their trainees will work.

The Chief of Police or the Chief's designee shall prepare a schedule showing the hours each Association member employee is to work. Except under unforeseeable circumstances, the Chief of Police shall make every reasonable effort to assure that no Association member employee shall have more than one shift change in any calendar month. Whenever shift changes are required, it shall not result in a reduction in salary where overtime is actually worked.

3.02 Hours of Work
Hours of work for patrol sergeants will be seven twelve (12) hour shifts per biweekly pay period, which equates to 84 hours per pay period and 2184 hours per year.

Hours of work for employees other than patrol will be forty (40) hours per week, which equates to eighty (80) hours per biweekly pay period and 2080 hours per year.

Regardless of scheduled work hours, the hourly base rate (also referred to as “straight time rate”) for non-exempt personnel is defined as base monthly pay times (12) months, divided by 2080 hours (per year).

All overtime hours will be compensated pursuant to the provisions of Section 5.0 of this Agreement.

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3.03 Voice Mail / Email
All employees are required to check their voice mail and email at least once daily on scheduled work days. Employees are not required to check voice mail and email during vacation leave. Employees are required to telephonically respond to text messages on non-scheduled work days but will not be entitled to on-call pay.

3.04 Rest Breaks and Lunch Breaks
Each Association member employee on the 3/12 plan will have three (3) fifteen (15) minute breaks that will be scheduled throughout the work day.

Rest breaks will not be scheduled during the first or last hour of any period of work. Each employee will be granted a forty-five (45) minute lunch break close to the middle of the employee's shift. No wage deduction shall be made nor time off charged against employees taking authorized rest breaks, nor shall any rights or overtime be accrued for rest breaks voluntarily not taken. There is no obligation upon the City to provide facilities for refreshments during the rest breaks, or for procurement thereof.

In the event a detective sergeant is called to duty during his/her lunch break, it shall be that employee's option to leave work one hour early unless the employee's supervisor determines that it is necessary for the operations of the department for the employee to continue to work in which event the employee shall receive overtime pay for the lost lunch breaks. Staggered lunches will not be required.

4.00 OVERTIME

4.01 Regular Work Schedule Requirement
The Department shall prepare a schedule designating the hours each employee shall work. Work for the City by an employee at time other than those so scheduled shall be approved in advance by the Chief of Police or designee.

4.02 Authorization of Overtime
No employee shall receive compensation for overtime in cash, in time off or a combination thereof, unless such overtime work has been approved in advance by the Chief of Police or designee.

The Lieutenant position shall be exempt from all overtime compensation.

4.03 Statutory Definition of Overtime
Pursuant to 29 U.S.C. 207(k), City has adopted a fourteen (14) day work period for all eligible law enforcement personnel, i.e. sworn officers, for the

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purposes of measuring overtime under the Fair Labor Standards Act (FLSA). The applicable FLSA overtime threshold for each 14-day work period is eighty six (86) hours. The 14-day work period starts on the first day of the biweekly pay period and ends on the last day of the biweekly pay period.

For non-sworn personnel, FLSA overtime is measured on a seven (7) day workweek basis with an overtime threshold of forty hours.

The Lieutenant shall be exempt from all overtime compensation.

4.04 Contractual Definition of Overtime
Notwithstanding the above, employees are entitled to overtime compensation at the rate of one and one half (1.5) times the regular rate for all hours worked in excess of their regularly scheduled work hours. For example, a patrol sergeant who works eighty six hours in one pay period will be entitled to two hours of contractual overtime whereas a detective sergeant who works eighty six hours in one pay period will be entitled to six hours of contractual overtime. All paid time off will be considered time worked for the purposes of determining contractual overtime due, except that for officers on the 3/12 work schedule, the four (4) hours or pro-rated hours of additional holiday pay for work on holidays other than the floating holiday will not be considered time worked in determining overtime.

The Lieutenant shall be exempt from all overtime compensation.

4.05 Reservation of Rights
The City may elect to use the designated 14-day work period for eligible law enforcement personnel. If the City so elects, all hours worked up to eightysix per work period will be compensated at the base hourly rate and all hours in excess of eighty-six will be compensated at 1.5 times the regular rate per the FLSA. If the City exercises its right to invoke the 14-day 7(k) work period exemption, the PBU maintains its right to meet and confer over the effects of the City’s decision on matters within the scope of representation.

4.06 Fractions of Less than Eight (8) Minutes
No overtime payment shall be allowed for any period of less than eight (8) minutes, and fractions of less than eight (8) minutes worked shall not be considered overtime and may not be accumulated in order to total more than eight (8) minutes or more.

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4.07 Compensatory Time Off ("CTO")
At the sole option of an employee, CTO may be accrued in lieu of monetary compensation for overtime and is earned at a rate of one and one-half (1.5) times the hourly rate up to the maximum CTO accruals established herein.

All employees may accrue CTO in lieu of monetary compensation for overtime to a maximum of one hundred and twenty (120) hours. Such CTO may be replenished during the year up to the one hundred twenty (120) hour maximum. The timing of taking the CTO shall be determined by the Division Captain or designee, considering the employee's preference.

Use of CTO may be granted with a two (2) pay period notice at the discretion of the supervisor. Supervisors are not precluded from granting CTO with a shorter notice if the needs of the Department will allow this time off. Use of CTO will not be approved if it creates undue disruption to cover the absence from the requested CTO.

Any accrued and unused CTO will be cashed out in the last paycheck of the calendar year.

The Lieutenant position shall be exempt from this provision.

4.08 Shift Adjustments
If the department intends to adjust an employee's shift due to overtime worked on a shift, the employee's supervisor must notify him of the intended shift adjustment on the day before the adjustment occurs. Such notice shall be given by the end of the employee's shift.

For patrol personnel, all shift adjustments shall be made within the fourteen (14) day work period. For all other employees, all shift adjustments shall be made within a forty (40) hour work week. All shift adjustments will be completed at the time that the change in the shift is made. Except for unforeseeable circumstances, the Chief of Police shall make every effort to assure that no Association member employee shall have more than one shift adjustment occur during a pay period.

5.00 HEALTH AND SAFETY

5.01 Health and Safety - Equipment
City shall comply with all applicable State and Federal Safety Regulations and shall furnish all safety equipment required by law or deemed necessary by the Chief of Police or designee to all employees as appropriate. At the commencement of employment, each Association member employee shall be provided safety equipment by the City as follows:

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One (1) belt for slacks
One (1) leather duty belt with: holster, double magazine holder, double handcuff case, O.C. spray holder, baton ring, key ring, four (4) keepers, belt buckle
One (1) semiautomatic handgun with three magazines and duty ammunition sufficient for the capacity of a full loaded pistol and three magazines One (1) O.C. spray canister
One (1) soft body armor ballistic vest, replaced every five years Two (2) pair of handcuffs with keys
One (1) baton
One (1) police flashlight

5.02 Equipment
City shall provide all equipment deemed essential by the Chief of Police or designee to complete assigned duties.

6.00 UNIFORMS
At the commencement of employment, each employee shall be provided uniforms by the City as follows:

Lieutenants and Sergeants:

One (1) uniform hat and hat piece
Three (3) uniform shirts, long or short sleeve
Three (3) uniform slacks
One (1) uniform duty jacket
One (1) uniform dress jacket
Patches as required for above uniforms
One (1) name tag for uniform shirt
One (1) name tag for uniform jacket
One (1) complete set of rain gear and rain boots
Two (2) B.D.U. uniforms
One (1) duty badge
One (1) off-duty badge and badge wallet
Services Supervisor:

The City agrees to maintain any required uniform for the Services Supervisor.

During the course of employment, the City shall replace uniforms, at no cost to the employee, at the discretion of the Chief of Police or designee. The City further agrees to establish an account at a local dry cleaners to clean and maintain said uniforms at no cost to the employee. All above uniform costs shall be subject to the applicable public retirement rate as required by California Public Employees Retirement System (CalPERS) regulations.

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For the detective sergeant only, City will pay to clean clothes soiled as a result of a work-related incident, with the approval of the Chief of Police or designee. This cost will be paid through the City's local dry cleaners account.

7.00 HOLIDAYS
The City recognizes the following days as holidays:

A. First day of January
B. Third Monday in January - Dr. Martin Luther King Jr. Day C. Third Monday in February - Presidents Day
D. Last Monday in May - Memorial Day
E. June 19 – Juneteenth
F. July 4th
G. First Monday in September - Labor Day
H. Second Monday in October - Columbus Day
I. November 11 - Veterans Day
J. Thanksgiving Day
K. The day following Thanksgiving Day
L. The day preceding Christmas
M. Christmas Day
N. The Day preceding New Year’s Day
O. One floating holiday per fiscal year. Employees must use the floating holiday in that fiscal year
P. Every day declared a holiday by the City Council.

Detective Sergeants, Lieutenants and Services Supervisor Detective sergeants, lieutenants, and the Services Supervisor shall take Holidays and shall be paid for those days off. Any holiday that would otherwise be on a Saturday will be taken on the preceding Friday, or the preceding Thursday if the employee does not work on Friday or Saturday. Any holiday that would otherwise be on a Sunday will be taken on the following Monday, or the following Tuesday if the employee does not work Sunday or Monday.

If a Detective Sergeant or the Services Supervisor is mandated to work on a holiday, the employee may choose an alternate day in the same pay period to take off. If the Police Chief or designee denies the chosen alternate day and the parties do not agree on another day in the same pay period to take off or if the employee declines to choose an alternate day, the employee shall receive doubletime for hours worked on the holiday up to their regular shift length. Hours worked in excess of the regular shift length, if needed, will be compensated at time and one half.

Patrol Sergeants

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Because patrol sergeants have foregone paid holidays off and may be required to work on a holiday as part of their regular schedule, the City shall pay these employees an additional six percent (6%) of base salary in lieu of paid holidays off.

The parties agree that, to the extent permitted by law, this is a special compensation and the City shall report this pay to CalPERS as a “Statutory Item” under 2 C.C.R. 571(a)(5) and “Additional Item” under 2 C.C.R. 571.1(b)(4).

In addition, employees who work a twelve (12) hour shift on a City-recognized holiday (other than a floating holiday) will receive doubletime for the first four hours of work on the holiday, in addition to regular pay for the rest of the day worked.

Employees on the 3/12 schedule who works less than twelve (12) hours on a Cityrecognized holiday (other than the floating holiday) will receive prorated doubletime for the first hours of work on the holiday (e.g. employees who work six hours will receive doubletime for the first two hours of work on the holiday).

8.00 HEALTH AND WELFARE BENEFITS

8.01 Medical Plan

8.01.01 CalPERS Medical
The City provides medical insurance through the California Public Employees’ Retirement System (CalPERS). The City’s contribution towards medical coverage will be the minimum amount required by Government Code section 22892 for regular full-time employees and retirees (“PEMHCA minimum”).

8.01.02 Cafeteria Plan
The City will also make available a Flexible Benefit Plan (Cafeteria Plan) for active employees. The City shall pay any administrative fees and contingency reserve fund assessments, if any.

8.01.03 City Contribution
a. Beginning January 1, 2022, the City will contribute the following amounts per month toward the cost of health
benefits for each bargaining unit member. The flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. Unit members electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit member’s pay. In the event the actual monthly premium is less than the

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amount shown on the chart below, the difference shall be provided as contribution to the employee’s deferred
compensation account. Effective July 1, 2024, the difference shall no longer be provided as a contribution to an employee’s deferred compensation account but shall be provided to the employee as taxable cash.

Enrolment Level City Contribution
Employee Only $1,000.00
Employee + 1 $2,000.00
Employee + 2 Or More $3,000.00
The above amounts are inclusive of the City contribution set forth in section 9.01.01 above.
b. Effective January 2025, the City shall contribute the following amounts to the cafeteria plan per month on behalf of each bargaining unit member. The below amounts are inclusive of the City contribution set forth in section 9.01.01 above.

The City’s monthly contribution for employee only shall be equal to the monthly medical premium cost for the plan chosen by the employee or one hundred percent (100%) of the cost at the Employee Only level of the average plan premiums offered by the CalPERS Health Benefit Medical Program for Region 1 (excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties), whichever is less.

The City’s monthly contribution for employee + dependents shall be equal to the monthly medical premium cost for the plan chosen by the employee or one hundred percent (100%) of the average premium cost of health plans offered in CalPERS Medical Region 1 (excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties), whichever is less. c. Effective January 2027, for employee + dependents, the City’s monthly contribution shall be equal to the monthly medical premium cost for the plan chosen by the employee or ninety percent (90%) of the difference between the average employee only premium calculation above (see subdivision b) and same average premium calculation at the employee’s coverage level, whichever is less (excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties) This amount is inclusive of the City contribution set forth in section 9.01.01 above.

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8.01.04 Optional Benefits
Employees may also elect the following optional benefits:

1. Medical reimbursement account

2. Dependent care assistance plan

3. AFLAC supplemental insurance
Employees who elect optional benefits shall use pre-tax salary deductions to cover the cost of the optional benefits.

8.01.05 Cash in Lieu
Effective January 1, 2025, employees who provide adequate proof of alternative essential minimum medical coverage for themselves and their tax family shall receive three hundred dollars ($300) per month in lieu of City-provided medical insurance. Cash in lieu is paid in equal installments in the first two pay periods of the month.

8.02 Section 125 Plan
The City also agrees, to the extent allowable by law, to adopt the provisions of Section 125 of the Internal Revenue Code, thereby enabling employees to pay allowable medical costs with pre-tax dollars.

8.03 Dental and Vision
As soon as administratively possible after Council approval of this MOU, the City shall provide dental insurance to employees. The City shall pay 100% of the employee only premium and shall pay 100% of the employee + dependents premium.

The City will continue to cover the cost of vision coverage benefits under the Vision Service Plan up to twenty dollars ($20) per month.

8.04 Deductibles
Employees shall be responsible for paying the deductible portion of their medical, dental and vision insurance plans, where applicable.

8.05 Long-Term Disability Insurance
City agrees to maintain a long-term disability plan at City's sole cost, not to exceed one and eight-tenths (1.8%) of annual salary per month.

8.06 Retiree Medical Coverage Program

9.06.01 Employees Hired Prior to January 1, 2025

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It is the purpose of the employees Retiree Medical Coverage program to provide for medical insurance compensation to retired employees in order to insure that these individuals, who have dedicated a number of years of service to the City of Scotts Valley, do not face an economic hardship at the time of retirement in paying for medical insurance coverage. Employees hired prior to January 1, 2025 and who met the requirements set forth in this section shall be vested at the levels indicated below.

By the term “vested,” the parties hereby expressly demonstrate their intent to memorialize the obligation of the City to provide retiree medical insurance benefits described in this section to eligible retirees (those hired before January 1, 2025) who retire directly from the City. The City’s obligations described herein will not cease upon expiration, termination or modification of this agreement.

To be eligible, an employee:

1. Must have been employed with the City for ten (10) years or longer.

2. Shall retire from the City of Scotts Valley. Public safety employees shall be eligible for this benefit upon retiring at age 50 or older; all other employees shall be eligible upon retiring at age 55 or older.

Retirement shall be defined as "retiring under the provisions of the CalPERS Retirement Plan."

3. The retired employee shall provide annual proof on annual basis during retirement of current medical insurance coverage including the costs to the retiree. The retiree must notify the City if the medical insurance policy is cancelled. Failure to carry medical insurance or to notify the City of its cancellation will eliminate eligibility for this benefit. The retired employee must secure his/her own medical insurance coverage.

4. The retiree medical benefit shall be provided to the retiree and the retiree’s spouse. However, this benefit shall only be payable while the retiree is living, and shall not be payable to the retiree’s spouse after the retiree’s death.

The medical benefit will be provided at the following rates, which are inclusive of the PEMHCA minimum for those utilizing a CalPERS medical plan:

A. For employees hired on or before June 30, 2018

1. For employees who have served 10 to 15 years with the City:
100% of premiums to a maximum of 33% of the premiums for

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the PERS Platinum plan (benchmark plan); reduced to 16.5% at Medicare eligibility.

2. For employees who have served 15-20 years with the City:
100% of the premiums to a maximum of 50% of the PERS
Platinum plan; reduced to 25% at Medicare eligibility.

3. For employees who have served over 20 years: 100% of premiums to a maximum of 67% of the PERS Platinum plan; reduced to 33.5% at Medicare eligibility.

B. For employees hired on or after July 1, 2018

1. For employees who have served 10 to 15 years with the City up to a maximum of monthly contribution which is inclusive of the PEMCHA minimum:

Employee Only: $250.00
Employee plus Spouse: $375.00

2. For employees who have served 15 to 20 years with the City up to a maximum of monthly contribution which is inclusive of the PEMCHA minimum:

Employee Only: $350.00
Employee plus Spouse: $550.00

3. For employees who have served over 20 years with the City up to a maximum of monthly contribution which is inclusive of the PEMCHA minimum:

Employee Only: $500.00
Employee plus Spouse: $750.00

9.06.02 Employees Hired on or After January 1, 2025
For bargaining unit members hired on or after January 1, 2025, and who retire from the City while meeting the eligibility of CalPERS retiree health insurance, the City’s contribution toward employee retiree medical coverage shall be the statutory minimum amount required under the PEMHCA as determined by CalPERS under Government Code Section 22892.

8.07 Life Insurance
The City shall pay the premium for a $50,000 life insurance plan for all employees.

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8.08 Joint Committee for Health Care Cost Containment
City and Association agree to participate in a “Joint Health Care Cost Containment Committee” for the purpose of controlling health care costs.

The Committee shall make recommendations consistent with this goal.

Recommendations shall be implemented if approved by the City and Association.

9.09 Deferred Compensation
Employees may contribute to a City authorized deferred compensation account (authorized under the Internal Revenue Code Section 457) via salary redirection.

Effective January 1, 2025, the City will match up to $50.00 during the 1st and 2nd pay period of each month (up to a maximum of $100.00 per month) of an employee’s contribution. The combined contribution between the City’s and the employee’s contribution cannot exceed the maximum permitted by law.

9.00 CALL-BACK PAY
Any employee who has departed from the employee's work location and is called back to work by the Chief of Police or designee (on a regularly scheduled work day for that employee) shall be guaranteed a minimum of two (2) hours compensation at one and one-half (1.5) times the hourly rate in accordance with Section 4.02.

Any employee who has departed from the employee's work location and is called back to work by the Chief of Police or designee on a day for which the employee is not scheduled to work shall be guaranteed a minimum of four (4) hours compensation at one and one-half times (1.5) the hourly rate in accordance with Section 4.02. A regularly scheduled work day is defined as each day on which the majority of hours worked in each shift falls.

The Lieutenant position shall be exempt from this provision.

10.00 COURT APPEARANCE
Any employee who is required to testify in connection with an employee's usual official duties or in connection with a case in which the City or Police Department is a party shall be guaranteed a minimum of four (4) hours compensation at one and one-half (1.5) times the hourly rate.

The lieutenant position shall be exempt from this provision.

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11.00 STANDBY PAY
Employees who are required to perform standby duty by the Chief of Police or designee, or the court shall be compensated at the flat rate of one hundred dollars ($100.00) per day. Standby duty is that period of time an employee is required to be available by phone for immediate call out.

The Lieutenant position shall be exempt from this provision.

11.01 On-Call Pay
On-call positions shall receive a flat rate of one hundred dollars ($100.00) per day for on-call status. The detective sergeant will rotate the on-call duty with the detectives

12.00 ADDITIONAL COMPENSATION

12.01 Temporary Assignment to Higher Level
An employee specifically assigned on a temporary basis to a higher level position shall be compensated at the pay rate for the higher level position if the service in such position exceeds a total of twenty (20) days in any twelve (12) month period. Payment shall be retroactive to the first day of such service. Temporary assignments may not exceed the limits set forth in the Public Employment Retirement Law. In accordance with the Public Employees’ Pension Reform Act (PEPRA), temporary assignment pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).

If the temporary assignment lasts longer than six (6) months, then the employee will be able to use and accrue forty-eight (48) hours of CTO per fiscal year, unless the position is the Lieutenant position.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS for Classic Members only as "Temporary Upgrade Pay" under 2 C.C.R. 571(a)(3).

12.02 Bilingual Pay
Upon the recommendation of the Chief of Police or the Chief's designated representative and with the approval of the City Manager, an employee occupying a position designated as requiring fluency in a language other than English shall receive Two Hundred Dollars ($200) per month paid in equal amounts the first two pay periods of each month.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as "Special Assignment Pay" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3). .

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12.03 Daylight Savings Time
All employee s working at the time daylight savings time starts or ends shall be paid for actual time worked in accordance with Section 4.00 and its provisions.

12.04 POST Incentive Compensation
The Lieutenant position shall be paid a Seventy-five dollar ($75.00) monthly incentive for attaining a POST Management Certificate.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as “POST Certificate Pay" under 2 C.C.R. 571(a)(2) and 2 C.C.R. 571.1(b)(2).

12.05 Mileage Allowance
When an employee is required to use the employee's personal vehicle on City business, the City shall pay the mileage allowance provided by the rules and regulations of the International Revenue Service.

12.06 Assignment Differential
A. A five percent (5%) additional salary differential over base pay shall be paid to all employees assigned as a motorcycle officer.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as "Motorcycle Patrol Pay" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3).

B. Effective July 1, 2024, a sixteen percent (16%) salary differential over base pay shall be paid to all employees assigned to detective position. Effective July 1, 2025, the salary differential over base pay will decrease to fourteen percent (14%). Effective July 1, 2026, the salary differential over base pay will decrease to twelve percent (12%).

The Chief of Police or designee will develop an on-call schedule for all individuals assigned to the investigations unit on a rotational basis. When a detective sergeant has been placed on-call, the detective sergeant is expected to be able to respond to the department within one hour and carry a pager during the on-call assignment period (maximum one detective on-call at a time).

Detective sergeants may drive a City-issued vehicle to and from their homes while on-call, provided their home is within sixty (60) miles of

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the Scotts Valley Police Department. City and Department policy governing the use of City-issued vehicles must be followed.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as "Detective Division Premium" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3).

All assignments shall be approved in advance by the Chief of Police or designee. The assignment as stated above shall be noted on the employee time card.

12.07 Canine Officer Differential
All employees assigned as Canine Officers will receive additional compensation at the rate of five percent (5%) of base pay for the care and maintenance of their dog, whether the actual time is more or less than that.

The parties mutually agree that this is adequate for care and maintenance.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as "Canine Officer Premium" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3).

The California Police Officers Standards of Training currently require canine units to receive a minimum of sixteen (16) hours of training a month. These hours will be offset by allowing the Canine Officer to train on duty or during a scheduled training time and then adjust the start time of their work day by four hours.

12.08 FTO Pay
Field Training Officers (FTO) shall receive a five percent (5%) differential for the hours actually worked in the capacity as FTO when assigned a trainee at the discretion of the Police Chief. No more than two (2) FTOs will receive this benefit at any one time, unless more are authorized by the Police Chief. Such salary differential shall only be paid for the hours worked during the pay period in the capacity as FTO.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as "Training Premium" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3).

12.09 Stacking of Incentives
As a general rule, employees are not permitted to receive more than one (1) differential pay at a time. However, except for when assigned to detectives, an employee is eligible to be paid the Canine Officer Differential,

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FTO Pay and Temporary Assignment to a Higher Classification pay when performing any or all of those assignments.

12.10 Wellness Stipend
Effective the first full pay period in 2027, the City shall provide a fifty dollar ($50) per month wellness stipend through payroll as taxable income to all bargaining unit members.

13.00 LEAVE OF ABSENCE

13.01 Other Leave Without Pay
The appointing authority may grant an employee a leave of absence without pay for a definite period not to exceed three (3) months. The City Council may grant an employee a leave of absence without pay for a definite period not to exceed one year. The request for leave, and the reasons therefore, shall be submitted in writing by the employee and must be approved by both the Chief of Police or designee and City Manager or designee.

Upon expiration of the approved leave, the employee shall be reinstated to his/her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off.

Failure on the part of a Member to return to work on the date scheduled shall be cause for termination.

13.02 Outside Employment
A leave of absence without pay may not be granted to an employee for purposes of accepting either private or other public employment outside the service of the City, except as hereinafter provided in this Article 14.00.

An employee may not work outside employment without the prior written approval of the Chief of Police or designee.

13.03 Military Leave
Every employee shall be entitled to military leaves of absence as specified in Chapter 7, Part 1, Division 2, of the California Military and Veterans Code.

If such employee shall have been in the service of the City for at least one (1) year prior to the date such absence begins, they shall be entitled to receive pay for up to one (1) month of military leave during any fiscal year at the rate he would have received for service to the City. Time spent on military leave shall be included in determining eligibility to occupy a classification based upon length of service.

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13.04 Leave for Jury Duty
Leave of absence with pay shall be granted to an employee while going to and from court and serving on jury duty. Any jury fee awarded to such person shall be deposited with the City Treasurer. Any employee who serves jury duty on any calendar day in which they would have commenced a regularly scheduled shift shall receive that shift off as leave of absence with pay.

13.05 Maternity Leave
Refer to City Personnel Rules and Regulations (Section 17.08 adopted 11/11/86).

13.06 Parental Leave
All employees whose spouse or significant other is pregnant may take up to a four (4) month leave of absence. Said leave shall be called a “Parental Leave” and must be applied for, in writing, to the Chief of Police or designee.

Included with said application shall be a doctor’s certificate, certifying the pregnancy, and estimating the delivery date. Application will also state the beginning and ending dates of requested leave.

A longer leave may be granted where extenuating circumstances exist. All paternity leaves shall be without pay and without a loss in seniority.

Employees shall use accumulated sick leave, vacation, or compensatory time during this period, immediately preceding this period, or immediately following this period; subject to the City approval of any leave totaling more than four (4) months.

Vacation and sick leave benefits do not accrue during parental leave. All other benefits accrue in accordance with the provisions of the City Personnel Rules and Regulations.

13.07 Bereavement Leave
Employees shall be granted leave in the event of the death of a member of the employee's immediate family. The leave available is up to five (5) working days per death. Up to forty (40) such hours are paid. To receive pay for hours in excess of forty (40), the employee may use any of his or her paid leave accruals, e.g. sick leave, vacation leave, compensatory time off. The immediate family is defined as mother, step-mother, father, stepfather, husband, wife, domestic partner, son, step-son, daughter, stepdaughter, foster parent, foster child or any person sharing the relationship of loco pare, a brother, sister, brother-in-law, sister-in-law, mother-in-law,

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father-in-law, or grandparent, or any other special circumstance as approved by the City Manager.

The leave need not be used consecutively but must be used within three months.

13.08 Administrative Leave
The Lieutenant position shall be entitled to take eighty (80) hours of Administrative Leave per fiscal year. Administrative Leave shall not cumulate from year to year, and no compensation shall be made for any unused leave. Administrative Leave shall be prorated if employment is commenced during the fiscal year.

14.00 VACATION

14.01 Vacation
Employees covered by the provisions of this Agreement shall receive annual vacation leave in accordance with the following schedule:

Years of Service Vacation Hours
Less than 5 years 80 hours
5-10 years 120 hours
10 years 160 hours
15 or more years 168 hours
The Lieutenant position shall accrue an additional forty (40) hours of vacation after fifteen (15) years of service.

Vacation hours are those an employee would be normally scheduled to work. Holidays, hours off, sick leave hours and emergency or personal leave hours shall not be considered or charged as vacation hours.

Upon providing sufficient proof to the Human Resources Department, current employees and new hires will receive credit for prior experience as a sworn officer or dispatcher and their prior years of experience will be counted as years of service for the purposes of accruing vacation. Any changes to a current employee’s accrual rate due to this section shall be on a prospective basis only and previously accrued hours will not be adjusted.

14.02 Vacation Carry Over
An Association member employee may not carry forward from calendar year to calendar year more than two (2) times their annual vacation rate unless he has first received a written extension granted by the City Manager

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or designee at the recommendation of the Chief of Police or designee.

Written extensions shall be granted in cases where, due to service requirements of the department, it was not reasonably possible for the employee to reduce his vacation accumulation below two (2) times.

Employees who have refused to take vacation during the calendar year are not guaranteed of receiving written extension.

14.03 Effect of Absence on Continuous Service
Absence or authorized leave with or without pay, time during which an employee is laid off because his services are not needed and time during which an employee is temporarily not employed by the City shall not be considered as an interruption of continuous service if such absence is followed by re-employment within one (1) year. However, such absences shall not be counted in computing the employee's years of continuous service.

14.04 Vacation Scheduling
The Chief of Police or the Chief's designated representative shall determine when vacation leave may be taken. The employee shall be allowed to divide his vacation leave in any calendar year into two (2) segments. The Chief of Police may grant an employee additional segments of vacation.

Seniority in department service among employees in a classification and working unit consistent with Department operating requirements shall be the basis on which vacation schedule conflicts shall be resolved in favor of the most senior employee who has not, by virtue of employee's senior position, previously had such a conflict resolved in the employee’s favor during the calendar year. In the event of vacation schedule conflicts among employees who have had such conflicts resolved in their favor before, the senior employee who has had the least number of successful conflict resolutions shall prevail. Vacation may be started on any day of the week.

14.05 Rate of Vacation Pay
Compensation during vacation shall be at the rate that the employee is entitled to receive, including premium pay, as if the employee was on active service during such vacation.

14.06 Vacation Request Notification
All vacation requests will be made no less than ninety (90) days prior to the requested time for leave. Supervisors will not be precluded from granting vacation requests upon shorter notice provided that the needs of the Department will allow for the requested time off.

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14.07 Vacation Buy-back
The City will buy back up to eighty (80) hours of vacation annually, provided the employee irrevocably elects to do so by December 15 of the prior calendar year per the below requirements, and as long as the employee has an accrued vacation balance of at least one week (40 hours) remaining following the buy back.

To make the irrevocable election, the employee must submit a written irrevocable election form to the City Manager or designee by December 15, which requests to cash out up to eighty (80) hours of vacation leave earned in the subsequent calendar year. The cash-out will occur in the first full pay period in December of the following calendar year. For example, an employee who submits an irrevocable election form by December 15, 2024 shall receive the cash out in December 2025, assuming the employee has accrued sufficient vacation in 2025 for the cash out and assuming forty (40) hours of vacation remains following the buy back.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that same year, the vacation used will come from vacation earned in the prior year. This is to ensure the vacation used will not reduce the amount of vacation the employee will be eligible to cash out.

15.00 SICK LEAVE

15.01 Definition of Sick Leave
As used in this section, "sick leave" means leave of absence of an employee because of any of the following: (1) illness or injury which renders them incapable of performing the employee's work or duties for the City; (2) the employee's exposure to contagious disease as evidenced by a doctor's certification that this exposure necessitates the employee being on sick leave; and (3) routine medical or dental appointments of the employee.

15.02 Industrial Sick Leave
If an employee is incapacitated by sickness or injury received in the course of their employment with the City, they shall be entitled to pay as provided herein.

15.03 Amount and Duration of Payment
Such Association member employee shall be entitled to receive industrial sick leave with pay equal to the difference between 100% of their normal salary and the amount of any Workers’ Compensation temporary disability

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payments to which they are entitled during such incapacity for a period not to exceed one (1) calendar year from the date of such sickness or injury.

15.04 Denial of Payment
Notwithstanding the foregoing provisions of this section, such payment shall not be made pursuant to this subsection to an employee:
(1) who does not apply for or receive temporary disability benefits under the Worker's Compensation Law;
(2) whose injury or illness has become permanent;
(3) whose injury or illness, although continuing to show improvement, is unlikely to improve sufficiently to permit the employee's return to work in his position;
(4) who is retired on permanent disability or pension;
(5) whose injury or illness is the result of intentional failure to observe City health or safety regulations or the commission of a criminal offence;
(6) whose injury or illness has been aggravated or delayed in healing by reason of the employee's failure to receive medical treatment or follow medical advice, except where such treatment or advice has not been sought or followed by reason of the employee's religious beliefs; and
(7) whose injury or illness is a recurrence or re-injury of an earlier jobrelated injury or illness or is contributed to by a susceptibility or predisposition to such injury.

15.05 Sworn Employees
Sworn personnel are subject to the provisions of California Labor Code Section 4850 in lieu of conflicting terms in this section.

15.06 Sick Leave Accrual Rate
Each employee will accumulate sick leave at the rate of eight hours per each full calendar month on a paid status. The Chief of Police or designee shall grant sick leave with pay, not to exceed an employee's accumulated unused sick leave, to an employee incapacitated by injuries or sickness.

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15.07 Medical Report
As a condition of granting sick leave with pay, the Chief of Police may require medical evidence of sickness or injury acceptable to the Department, which may include a statement of diagnosis and treatment from a licensed physician or a medical clearance to return to work.

15.08 Emergency Leave: Sickness in Immediate Family
Leave of absence with pay because of sickness or injury in the immediate family of an employee shall be granted consistent with California law. For the purposes of this subsection, "immediate family" means mother, stepmother, father, step-father, husband, wife, domestic partner, son, step-son, daughter, step-daughter, foster parent, foster child or any person sharing the relationship of loco parentis; and, when living in the household of the employee, a brother, sister, brother-in-law, sister-in-law, father-in-law or grandparent.

15.09 Sick Leave Compensation on Termination
City shall pay to each terminated, separated employee the value of his accrued and unused sick leave not to exceed a maximum of nine hundred and sixty (960) hours, based on the following sliding scale, representing the percentage of salary to be applied to available accumulated hours of sick leave applicable at the time of separation from City service:

Years of Service % of Compensation
5 years, 1 day - 10 years 20%
10 years, 1 day - 15 years 25%
15 years, 1 day - 20 years 30%
20 years, 1 day - 25 years 40%
25 years, 1 day - 30 years 50%
Over 30 years or at retirement 60%
This compensation will be paid with the final paycheck.

The City has implemented PERS option Section 20862.8 (Credit for Unused Sick Leave) for sworn personnel.

15.10 Personal Leave
City shall allow each employee twenty-four (24) hours of accrued sick leave annually for personal reasons. Personal Leave shall be taken in minimum of four (4) hour periods, and shall be approved in advance by the Chief of Police or designee with due consideration for the needs of the Association member employee and the Department.

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Personal Leave periods taken will not be charged against the stay well bonus described in Section 28.00, unless the periods are used immediately before or immediately following vacation or holidays (for those employees who receive holidays off), except as otherwise authorized by the Chief of Police or designee.

15.11 State Disability Insurance
Employees receiving State Disability Insurance payments shall file the "notice of calculation" for disability insurance with the City immediately upon receipt from the Employment Development Department. Upon receipt of notice, the City shall adjust the employee's sick leave usage and wages for the effective period so that his net pay, including SDI, is equal to that which they would receive if working.

16.00 LONGEVITY PAY
Prior to the first full pay period in July 2025, all employees are eligible to receive a one percent (1%) longevity stipend upon completion of five consecutive years of City service, an additional two percent (2%) longevity stipend upon completion of ten consecutive years of City service and an additional three percent (3%) longevity stipend upon completion of fifteen consecutive years of service.

Effective the first full pay period in July 2025, all employees will be eligible to receive a two- and one-half percent (2.5%) longevity stipend upon completion of five (5) years of service, an additional two and one half percent (2.5%) longevity stipend upon completion of ten (10) years of service and an additional one percent (1%) longevity stipend upon completion of fifteen (15) years of service.

These stipend percentages stack. For example, upon completion of ten (10) consecutive years of service, an employee will receive a longevity stipend of five percent (5%) (2.5% at 5 years plus 2.5% at 10 years). Upon completion of fifteen (15) consecutive years of service, the employee will receive a longevity stipend of six percent (6%). Until July 2025, longevity stipend will remain 5 year: 1%; 10 year:
2%; 15 year: 3%; for a maximum stipend of 6%.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as "Longevity Pay" under 2 C.C.R. 571(a)(1) and 2 C.C.R. 571.1(b)(1).

17.00 GRIEVANCE PROCEDURES
Refer to Rule 15 of the Personnel Rules and Regulations.

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17.01 Effect of Failure of Timely Action
Failure of the Association member employee to file an appeal within the required time limit at any step shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.

17.02 Limitation on Stale Grievances
A grievance shall be void unless presented within thirty (30) calendar days from the date upon which the City has allegedly failed to provide a condition of employment, or within thirty (30) calendar days from the time at which an Association member employee might reasonably have been expected to have learned of such alleged failure to provide. In no event shall any grievance include a claim for monetary relief for more than the thirty (30) day period plus such reasonable discovery period.

17.03 Exclusion of Non-Recognized Organizations
For the purposes of this section, the provisions of Section 1.00 of this Agreement shall be construed to limit the employee's right of selection of a representative to the extent that agents or any other employee organization, which is not party to this Agreement, are specifically excluded from so acting. In those cases where an employee elects to represent themselves or arranges for other representation, the Association shall have the right to participate in the resolution procedure for the purpose of protecting the interest of its employees in negotiated conditions of employment.

18.00 SAVINGS CLAUSE
If any provision of this Agreement shall be held invalid by operation of law, or by any court of competent jurisdiction, or if compliance with enforcement of any provision shall be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision.

19.00 ENACTMENT
It is agreed that the foregoing shall be jointly submitted to the City Council by the City Manager and Association for Council's consideration and approval.

20.00 PUBLIC SAFETY OFFICERS BILL OF RIGHTS
The City and the Association acknowledge and reaffirm all rights and privileges granted to the employees by law, including, but without limitation, those provisions of the Public Safety Officers' Procedural Bill of Rights (Gov. Code §3300 et seq.) and the Meyers-Milias-Brown Act (Gov. Code §3500 et seq.).

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21.00 DEPARTMENT VEHICLES AND EQUIPMENT

21.01 Definition of Vehicles
Any motor vehicle as defined by Sections 165 and 414 of the California Vehicle Code.

21.02 Repairs
All necessary repairs and maintenance of vehicles (as defined in Section

23.01) shall be performed to insure the safety of the operator of the vehicle.

21.03 Unsafe Vehicles
Under no circumstances shall a supervisor of the City require an employee to operate an unsafe department vehicle.

21.04 Claims - Unsafe Vehicles
Claims of unsafe vehicles will be made by the representatives of the Association to the shift supervisor. The City shall have the sole authority to remove vehicles from service.

21.05 Vehicle Maintenance
Routine maintenance of departmental vehicles shall be no less than required by the manufacturer. Only high quality parts and tires will be used on the vehicles. Department vehicles with over 80,000 miles will be inspected annually by a certified mechanic to include frame, suspension and mechanical parts for wear and stress fractures. Any vehicle deemed unsafe will be repaired or pulled from service, as determined by the Chief of Police.

21.06 Vehicle Equipment
All equipment, lights, sirens and switches shall be uniform and provided the same on each patrol vehicle.

21.07 Mileage
All departmental vehicles used for patrol or emergency response shall be taken out of service upon exceeding 115,000 miles, or sooner, and a replacement vehicle shall be properly equipped in accordance with Section

23.06. The Association agrees to continue to meet and confer over the need to extend these mileage limits due to economic constraints of the City.

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21.08 Vehicle Equipment Determination
Any equipment deemed necessary by the Chief of Police shall be provided for the departmental vehicles for the safety of any operator.

22.00 VOLUNTARY EDUCATIONAL INCENTIVE PROGRAM

22.01 Definition and Purpose
Scotts Valley Police Department's Educational Achievement Program is designed to upgrade and/or improve the law enforcement skills and knowledge of its personnel. The Department encourages additional educational achievement which can lead to a higher level of performance.

22.02 Objectives
(1) To upgrade the educational level of technical skills of the personnel of Scotts Valley Police Department to insure a high quality of law enforcement.
(2) To provide an additional attraction for qualified individuals at the entry level who have an interest in law enforcement as a career. (3) To provide an additional inducement to personnel to improve themselves throughout their career.
(4) To promote the most highly qualified officers to supervisory and administrative levels.

22.03 Procedures for Establishing Educational Incentive Pay Courses used to obtain the educational incentive pay shall represent a logical progression of the employee's goals and/or those classes which shall be applied toward the achievement of a degree within an approved curriculum.

22.04 Eligibility
The Association member employee shall submit the curriculum to the Education Committee for approval with the following exceptions, which do not require pre-approval:

Police Science Majors
Administration of Justice Majors
Criminology Majors
Public Administration Majors (with minor in any of the above)

22.05 Education Committee
The Committee shall be composed of the following:

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(1) Chief of Police or or designee; and
(2) Association President or designee.

The Committee shall determine the appropriateness of courses and/or curriculum outside of the above-named majors. In the event the members of the Committee are unable to agree on the appropriateness of the courses and curriculum, the City Manager or designee shall be asked to participate in the decision making process and shall be entitled to vote therein.

22.06 Certification
The Education Committee shall certify to the employee's eligibility in accordance with Section 23.05. Such notification shall then be sent to the City Manager.

22.07 Effective Date
Educational incentive pay shall be effective the first day of the next pay period following receipts by the City Manager of certification in accordance with Section 23.06.

22.08 Educational Incentive Pay
All employees, including the Lieutenant, shall be eligible for the following educational incentive program (amounts are not cumulative) based upon earning a degree in higher education as follows:

AA or AS degree $175 per month
BA or BS degree $250 per month
MA or MS degree $300 per month
Education Incentive is paid in equal amounts in the first two pay periods of the month.

The parties agree that, to the extent permitted by law, this is special compensation and the City shall report this pay to CalPERS as "Education Pay" under 2 C.C.R. 571(a)(2) and 2 C.C.R. 571.1(b)(2).

22.09 Course Reimbursement
The City agrees to reimburse employees for the costs associated with college courses and training sessions approved in advance, in writing, by the Chief of Police or designee, up to a maximum of One Thousand Dollars

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($1,000) per employee per fiscal year. Reimbursable costs include only the following:
(a) Tuition
(b) Books
(c) Course-related fees
The City will not reimburse employees for supplies or mileage used traveling to and from such courses.

To ensure that the City budget has adequate funds to pay for an employee’s course reimbursement request, the Association member employee should submit a request for reimbursement no later than February 15 of each year preceding the July 1 through June 30 fiscal year.

23.00 RETIREMENT
A. CLASSIC SAFETY EMPLOYEES
The City provides the CalPERS pension formula of 3% at age 50 plan based on the highest average annual compensation during any consecutive 36- month (three-year) period for all eligible employees hired on or before December 31, 2012, or hired after such date but already in the CalPERS system as a classic member without a six-month break in service.

The contribution for classic safety employees shall be nine percent (9%) of PERSable compensation.

B. PEPRA SAFETY EMPLOYEES
For those safety employees hired on or after January 1, 2013 who are new to the City of Scotts Valley, the City shall provide 2.7% at 57plan. The contribution for new PEPRA safety employees shall be fifty percent (50%) of the normal cost as determined by CalPERS and may change on an annual basis.

C. CLASSIC MISCELLANEOUS EMPLOYEES
The City provides the CalPERS pension formula of 2.5% at age 55 plan for all eligible employees hired on or before December 31, 2012, or hired after such date but already in the CalPERS system as a classic without a sixmonth break in service. The contribution for all classic miscellaneous employees shall be nine percent (9.0%) PERSable compensation.

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D. PEPRA MISCELLANEOUS EMPLOYEES
For those employees hired on or after January 1, 2013 to the City of Scotts Valley, who are new to the CalPERS system, the City shall provide 2% at 62 for those employees in accordance with State law. The contribution for new PEPRA employees shall be (50%) of the normal cost as determined by CalPERS and may change on an annual basis.

24.00 LAYOFF POLICY

24.01 Layoffs
The following procedures will be followed in the event of layoffs and/or reductions of personnel.

24.02 Order
Layoffs and/or reductions shall occur in the following order:
(1) Temporary employees
(2) Probationary employees
(3) Regular part-time employees
(4) Regular employees on "Needs to Improve"
(5) Regular employees
The Police Department's monthly evaluations shall not be considered as the appropriate evaluation. The Chief of Police or designee shall evaluate the employee's last yearly evaluations concern #4 above.

24.03 Seniority
Within each classification of sworn or non-sworn personnel, layoffs and reductions shall be made on the basis of inverse order to seniority in City Service.

24.04 Special Skills
Where the Chief of Police or designee deems it in the best interest of the Department, they may waive the order of layoffs or reductions when loss of an employee's skills on a particular assignment or loss of his special skills would negatively affect the Department's work.

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24.05 Association President
The President of the Association shall be exempt from layoffs during his/her term of office.

24.06 Notification
The City Manager and the Association agree that the City Manager shall notify the Association immediately (at least thirty (30) days prior) of any pending layoffs and/or reductions affecting employees covered by the Agreement. The Association shall have the right to meet and confer concerning such layoffs and/or reductions.

25.00 MANAGEMENT RIGHTS
The City reserves all rights with respect to matters of general legislative and managerial policy including, among others, the exclusive right to determine the mission of its constituent departments, divisions, commissions and boards; set standards of service; determine the procedures and standards for recruitment and selection of employees within the law; direct its employees; take disciplinary action; relieve its employees of duties because of lack of work or for other good reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations will be conducted; require overtime; 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; and to develop positive and productive employer/employee relationships. These rights shall not be limited except as specified in this agreement.

26.00 PEACEFUL PERFORMANCE
The Association agrees that during the term of this Agreement neither it nor the employees it represents will engage in, encourage, sanction, or support: (1) strikes; (2) slowdowns; (3) mass resignations; (4) mass absenteeism; (5) picketing which would involve suspension of or interference with normal work of the department or other City departments; or (6) any other similar actions which would involve suspension of or interference with normal work of the department or other City departments.

27.00 STAY WELL PLAN – SUNSETS NOVEMBER 30, 2024
The City has implemented the following Stay Well Plan which includes the following conditions:
(1) Each stay well year will be from December 1 through November 30.

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(2) Eligible employees are those who have accumulated two hundred forty (240) hours of unused sick leave.
(3) The stay well bonus will be paid each year in a separate check on the first pay period after November 30.
(4) Eligible employees shall receive a bonus according to the following schedule, or a pro rata share of this bonus, should they achieve their two hundred forty (240) hours at some point during the stay well year.

Sick Leave Used Straight Time Bonus Pro Rata Bonus
0 sick hours 48 hours 50.0%
8 sick hours 40 hours 41.6%
12 sick hours 36 hours 37.5%
16 sick hours 32 hours 33.3%
24 sick hours 24 hours 25.0%
32 sick hours 16 hours 16.6%
36 sick hours 12 hours 12.5%
40 sick hours 8 hours 8.3%
48 - 96 sick hours 0 hours 0.0%
For example, if an employee has accumulated two hundred forty (240) hours by August of the stay well year and then accrues an additional twenty-four (24) hours from September 1 to November 30, the Association member employee will have a total of two hundred sixty-four (264) hours. If the Association member employee has taken sixteen (16) sick hours, the Association member employee will receive 33.3% of the twenty-four (24) hours in excess of the required two hundred forty (240) hour minimum.
(5) Personal leave hours are considered sick leave hours for the purpose of the stay well bonus, only if they are used immediately before or immediately following vacation or holidays (for those employees who receive holidays off) except as otherwise authorized by the Chief of Police.
(6) The stay well bonus is payable at straight time.
(7) Employees shall have the option of receiving the bonus or crediting their unused sick hours to their total accumulations. Such a decision must be received by the City Manager prior to December 1 of each year. The City Manager shall forward this notification to the Finance Department immediately.

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(8) Sick hours taken off by employees, regardless of the reason, shall be deducted from the potential stay well bonus.

The specific purpose of the Stay Well Plan is to encourage employees to stay physically fit and well and to miss as few work hours as possible due to illness or any other reason.

The last stay well bonus will be paid on November 30, 2024.

Effective December 1, 2024, the Stay Well Plan has ended.

28.00 PAYMENTS

28.01 Items Not Covered by Agreement
Existing wages, hours and other terms and conditions of employment including fringe benefits not changed, modified or specifically referenced in this Agreement and not inconsistent with the terms and conditions of this Agreement shall remain in full force and effect during the term of this Agreement.

28.02 New Job Classifications
If an Association member employee covered by this Agreement is assigned work of a substantially new or different nature so as to constitute a new job classification, the City and the Association will negotiate the wage rate applicable to the new classification.

28.03 Lieutenant Position
The filling of the Lieutenant position will be at the sole discretion of the City.

The position is exempt from all other forms of salary, including longevity, and holiday pay except as otherwise expressly provided in this Agreement.

The position will receive City holidays off with pay, but will be exempt from all overtime compensation.

29.00 TERM OF AGREEMENT
The term of this Agreement shall be July 1, 2024, through June 30, 2027.

30.00 ENTIRE AGREEMENT
This Agreement rescinds and replaces any prior agreements between the parties except side letter agreements that are in effect by their terms. *** signature page to follow ***

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“City” “Association”

CITY OF SCOTTS VALLEY SCOTTS VALLEY POLICE

SUPERVISORS ASSOCIATION
City of Scotts Valley:

By: Mali LaGoe, City Manager
Scotts Valley Police Supervisors
Association Representative:

By: Chris Galli
Approved as to Form:

By: Kirsten Powell, City Attorney
Lead Negotiator:

By: Joe Higby

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12553661.1 SC010-006

Memorandum of Understanding
Between the CITY OF SCOTTS VALLEY and the

SCOTTS VALLEY POLICE BARGAINING UNIT
July 1, 2024 – June 30, 2027

TABLE OF CONTENTS
Page
-i1.00 ASSOCIATION RECOGNITION ..........................................................................................................1

1.01 Recognition of Association.................................................................................................1

1.02 Notice of Recognized Association .....................................................................................1

1.03 Payroll Deduction and Pay Over........................................................................................1

1.04 Association Dues, Initiation Fees and Credit Union Share Contribution ...........................2

1.05 Indemnification...................................................................................................................2

1.06 Bulletin Boards ...................................................................................................................3

1.07 Use of Employer Facilities .................................................................................................3

1.08 Job Contacts ......................................................................................................................3

1.09 Bargaining Committee .......................................................................................................4

1.10 Alternative Locations..........................................................................................................4

2.00 HIRING PROVISIONS .........................................................................................................................4

2.01 Non-Discrimination.............................................................................................................4

2.02 Employment .......................................................................................................................4

3.00 SALARY...............................................................................................................................................5

3.01 General Salary Increases ..................................................................................................5

3.02 Additional Salary Increases for Emergency Dispatch Clerks (to be calculated after general salary increases are applied)........................................................................5

3.03 Additional Salary Increases for Police Officers (to be calculated after general salary increases are applied).............................................................................................5

4.00 HOURS OF WORK, SHIFTS, SCHEDULES, REST BREAKS, LUNCH BREAKS .............................6

4.01 Work Schedule and Departmental Shift Change ...............................................................6

4.02 Hours of Work ....................................................................................................................6

4.03 Voice Mail / Email...............................................................................................................7

4.04 Rest Breaks and Lunch Breaks .........................................................................................7

5.00 OVERTIME ..........................................................................................................................................7

5.01 Regular Work Schedule Requirement ...............................................................................7

5.02 Authorization of Overtime ..................................................................................................7

5.03 Statutory Definition of Overtime .........................................................................................7

5.04 Contractual Definition of Overtime.....................................................................................8

5.05 Reservation of Rights.........................................................................................................8

5.06 Fractions of Less than Eight (8) minutes ...........................................................................8

5.07 Compensatory Time-Off ("CTO").......................................................................................8

5.08 Shift Adjustments ...............................................................................................................9

6.00 HEALTH AND SAFETY .......................................................................................................................9

TABLE OF CONTENTS
(continued)
Page
-ii6.01 Health and Safety - Equipment ..........................................................................................9

6.02 Equipment ........................................................................................................................10

7.00 UNIFORMS........................................................................................................................................10

8.00 HOLIDAYS.........................................................................................................................................11

9.00 HEALTH AND WELFARE BENEFITS ...............................................................................................12

9.01 Medical Plan.....................................................................................................................12

9.02 Section 125 Plan..............................................................................................................14

9.03 Dental and Vision.............................................................................................................14

9.04 Deductibles ......................................................................................................................14

9.05 Long-Term Disability Insurance .......................................................................................14

9.06 Retiree Medical Coverage Program.................................................................................14

9.07 Life Insurance...................................................................................................................16

9.08 Joint Committee for Health Care Cost Containment........................................................17

10.00 CALL-BACK PAY.............................................................................................................................17

11.00 COURT APPEARANCE...................................................................................................................17

12.00 STANDBY PAY................................................................................................................................17

12.01 On-Call Pay......................................................................................................................18

13.00 ADDITIONAL COMPENSATION .....................................................................................................18

13.01 Temporary Assignment to Higher Level...........................................................................18

13.02 Bilingual Pay ....................................................................................................................18

13.03 Daylight Savings Time .....................................................................................................18

13.04 Mileage Allowance ...........................................................................................................19

13.05 Assignment Differential ....................................................................................................19

13.06 Canine Officer Differential................................................................................................20

13.07 Stacking of Incentives ......................................................................................................20

13.08 Wellness Stipend .............................................................................................................20

14.00 LEAVE OF ABSENCE .....................................................................................................................20

14.01 Other Leave Without Pay.................................................................................................20

14.02 Outside Employment........................................................................................................21

14.03 Military Leave ...................................................................................................................21

14.04 Leave for Jury Duty ..........................................................................................................21

14.05 Maternity Leave................................................................................................................21

14.06 Parental Leave.................................................................................................................21

14.07 Bereavement Leave.........................................................................................................22

15.00 VACATION.......................................................................................................................................22

TABLE OF CONTENTS
(continued)
Page
-iii15.01 Vacation ...........................................................................................................................22

15.02 Vacation Carry Over.........................................................................................................23

15.03 Effect of Absence on Continuous Service .......................................................................23

15.04 Vacation Scheduling ........................................................................................................23

15.05 Rate of Vacation Pay .......................................................................................................24

15.06 Vacation Request Notification..........................................................................................24

15.07 Vacation Buy-back ...........................................................................................................24

16.00 SICK LEAVE ....................................................................................................................................24

16.01 Definition of Sick Leave ...................................................................................................24

16.02 Industrial Sick Leave........................................................................................................25

16.03 Amount and Duration of Payment....................................................................................25

16.04 Denial of Payment............................................................................................................25

16.05 Sworn Employees ............................................................................................................26

16.06 Sick Leave Accrual Rate..................................................................................................26

16.07 Medical Report.................................................................................................................26

16.08 Sick Leave for Immediate Family Care............................................................................26

16.09 Sick Leave Compensation on Termination ......................................................................26

16.10 Personal Leave ................................................................................................................27

16.11 State Disability Insurance ................................................................................................27

17.00 LONGEVITY PAY ............................................................................................................................27

18.00 GRIEVANCE PROCEDURES .........................................................................................................28

18.01 Effect of Failure of Timely Action .....................................................................................28

18.02 Limitation on Stale Grievances ........................................................................................28

18.03 Exclusion of Non-Recognized Organizations ..................................................................28

19.00 SAVINGS CLAUSE..........................................................................................................................28

20.00 ENACTMENT...................................................................................................................................29

21.00 PUBLIC SAFETY OFFICERS BILL OF RIGHTS.............................................................................29

22.00 DEPARTMENT VEHICLES AND EQUIPMENT ..............................................................................29

22.01 Definition of Vehicles........................................................................................................29

22.02 Repairs.............................................................................................................................29

22.03 Unsafe Vehicles ...............................................................................................................29

22.04 Claims - Unsafe Vehicles.................................................................................................29

22.05 Vehicle Maintenance........................................................................................................29

22.06 Vehicle Equipment ...........................................................................................................30

22.07 Mileage.............................................................................................................................30

TABLE OF CONTENTS
(continued)
Page
-iv22.08 Vehicle Equipment Determination....................................................................................30

23.00 VOLUNTARY EDUCATIONAL INCENTIVE PROGRAM ................................................................30

23.01 Definition and Purpose.....................................................................................................30

23.02 Objectives ........................................................................................................................30

23.03 Procedures for Establishing Educational Incentive Pay ..................................................30

23.04 Eligibility ...........................................................................................................................31

23.05 Education Committee.......................................................................................................31

23.06 Certification ......................................................................................................................31

23.07 Effective Date...................................................................................................................31

23.08 Educational Incentive Pay................................................................................................31

23.09 Course Reimbursement ...................................................................................................32

24.00 RETIREMENT..................................................................................................................................32

25.00 LAYOFF POLICY.............................................................................................................................33

25.01 Layoffs..............................................................................................................................33

25.02 Order................................................................................................................................33

25.03 Seniority ...........................................................................................................................34

25.04 Special Skills ....................................................................................................................34

25.05 Association President.......................................................................................................34

25.06 Notification .......................................................................................................................34

26.00 MANAGEMENT RIGHTS.................................................................................................................34

27.00 PEACEFUL PERFORMANCE.........................................................................................................34

28.00 MISCELLANEOUS...........................................................................................................................35

28.01 Items Not Covered by Agreement....................................................................................35

28.02 New Job Classifications ...................................................................................................35

29.00 STAY WELL PLAN – SUNSETS NOVEMBER 30, 2024.................................................................35

30.00 TERM OF AGREEMENT .................................................................................................................36

31.00 ENTIRE AGREEMENT ....................................................................................................................37

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MEMORANDUM OF UNDERSTANDING
between

CITY OF SCOTTS VALLEY
and

SCOTTS VALLEY POLICE BARGAINING UNIT
July 1, 2024- June 30, 2027
This Memorandum of Understanding, (the "Agreement") is entered into by and between the Scotts Valley Police Bargaining Unit, hereinafter referred to as "Association," and the City of Scotts Valley, hereinafter referred to as "City," for and on behalf of its represented classification hereinafter identified.

1.00 ASSOCIATION RECOGNITION
Rights and Security.

1.01 Recognition of Association
The City hereby recognizes the Association as the exclusive collective bargaining agent for Police Officers and Emergency Dispatcher/Clerks I, II, & III (”EDCs” or Dispatchers).

1.02 Notice of Recognized Association
The Police Department ("Department") shall give written notice to persons newly employed in the classifications of Police Officers and Dispatchers, which shall contain the name and address of the Association as the organization recognized by the City as the exclusive bargaining agent for the Association. The City will direct all inquiries from employees about Association membership or dues deduction to the Association or Association’s designated agent.

1.03 Payroll Deduction and Pay Over
The City shall deduct Association dues, initiation fees, Peace Officers Research Association of California (“PORAC”), Credit Union Share Contribution, and premiums for approved insurance programs from employees' pay in conformance with State, Federal, and local regulations from the monthly pay of each member employee. The Association will provide the City with information regarding the amount of dues deductions and the list of Association member employees who have affirmatively consented to or authorized dues deductions. The City shall remit the deducted dues and any other mutually agreed payroll deductions, to the extent permitted by law, to the Association as soon as possible after the deduction.

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The Association is responsible for providing the City with timely information regarding changes to Association member employees’ dues and any other lawful Association-related payroll deduction.

The City agrees to direct each Association member employee to the Association with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law.

1.04 Association Dues, Initiation Fees and Credit Union Share Contribution

1.04.01 Dues and Initiation Fees and Association Certification The City shall make payroll deductions in reliance on the Association’s certification that the Association has and will maintain an authorization, signed by each Association member employee who affirmatively consents to pay Association membership dues. Similarly, the City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any Association member employees in reliance on the information provided by the Association. The City shall not request the Association to provide a copy of any Association member employees’ authorization unless a dispute arises about the existence or terms of the authorization on non-scheduled work days. The Association shall notify the City immediately in writing of any changes to the list of employees from which deductions shall be taken.

1.04.02 Credit Union Share Contributions
The City shall deduct credit union share contributions and transmit these deductions to the employee's applicable credit union at the employee's request. Such deduction(s) shall be authorized by signature on a proper assignment form.

1.05 Indemnification
The Association shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under Section 1.03 and 1.04, including, but not limited to, any claims made by any Association member employees for the membership dues deductions the City made in reliance on the Association’s certification, and any claims made by any Association member employees for any deduction cancellation or modification the City

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made in reliance on the information provided by the Association, provided that the City promptly notify the Association of any such matter for which it is seeking indemnification after the City has knowledge of the occurrence of such matter.

In the event any such action or proceeding is brought against the City by reason of any such claim, the Association, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Association agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Union’s actions or inaction. However, the Union shall have the exclusive right to direct counsel, control the defense of any action or proceeding, and determine whether any such action or proceeding shall or shall not be compromised, resisted, defended, tried or appealed—on the premise and condition that the Union shall fully compensate for any monetary loss to the City based on the Union’s determination, if any.

1.06 Bulletin Boards
Reasonable space shall be allowed on bulletin boards as specified by the Chief of Police for use by the Association to communicate with Association member employees. Material shall be posted on the bulletin board space as designated, and not upon the walls, doors, file cabinets or any other place. Posted material shall not be obscene, defamatory or of a partisan political nature, nor shall it pertain to public issues which do not involve the City or its relations with City employees. The City will post employment solicitations for police positions; however, Association shall maintain notices while they remain on the bulletin board and shall be responsible for their removal in a timely fashion. All posted material shall bear the identity of the sponsor, be neatly displayed and be removed when no longer timely.

1.07 Use of Employer Facilities
Members of this bargaining unit are entitled to a twenty five percent (25%) discount on all City facility rentals.

1.08 Job Contacts
Any authorized representative of the Association shall have the right to contact individual represented employees working within the Association in City facilities during business hours on matters within the scope of representation, providing prior arrangements have been made for each contact with the Chief of Police designee who shall grant permission for such contact if, in the Chief’s judgment, it will not disrupt the business of the work unit involved or the Department.

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1.09 Bargaining Committee
Members of the Association's bargaining committee shall be allowed time to absent themselves from duties for a reasonable period without loss of pay, for the purpose of participating in contract negotiations. No more than two (2) Members at a time may absent themselves from work for this purpose. Off-duty personnel participating in negotiations are not authorized compensation for this time. Members of Association's bargaining committee shall be extended the same privilege to participate in any meetings mutually called by the parties during the term of this Agreement for review of grievances and contract compliance questions. Adequate levels of police protection shall be maintained at all times.

1.10 Alternative Locations
When contact and bargaining on the work location is precluded by reason of confidentiality of records, work situations, health and safety of employees, the public, or disturbance to others, the Chief of Police or designee shall have the right to make other arrangements for a contact location removed from the work area.

2.00 HIRING PROVISIONS

2.01 Non-Discrimination
There shall be no discrimination because of a person’s political, or Union affiliation or belief, non-affiliation or non-belief, ancestry, age (40 and above), color, disability (physical and mental, including HIV and AIDS), genetic information, gender identity, gender expression, marital status, medical condition (genetic characteristics, cancer or a record or history of cancer), military or veteran status, national origin (includes use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law, race, religion (includes religious dress and grooming practices) sex/gender (includes pregnancy, childbirth, breastfeeding, and/or related medical conditions), sexual orientation, or any other status protected under state or federal law.

2.02 Employment
The City shall not discipline, discharge or otherwise discriminate against any represented employee for any Association activity that does not interfere with the proper performance of that employee's work.

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3.00 SALARY

3.01 General Salary Increases
Effective the first full pay period in July 2024, or the first full pay period after Council approval of this MOU, whichever is later, the salary range for each classification in the unit will receive a three percent (3.0%) salary increase.

Effective the first full pay period in July 2025, the salary range for each classification in the unit will receive a three percent (3.0%) salary increase.

Effective the first full pay period in July 2026, the salary range for each classification in the unit will receive a three percent (3.0%) salary increase.

3.02 Additional Salary Increases for Emergency Dispatch Clerks (to be calculated after general salary increases are applied)
Effective the first full pay period in July 2024, or the first full pay period after Council approval of this MOU, whichever is later, Emergency Dispatch Clerks shall receive an additional two percent (2%) market increase.

Effective the first full pay period in January 2025, Emergency Dispatch Clerks shall receive an additional two percent (2%) market increase.

Effective the first full pay period in July 2025, Emergency Dispatch Clerks shall receive an additional one percent (1%) market increase.

Effective the first full pay period in July 2026, Emergency Dispatch Clerks shall receive an additional two percent (2%) market increase.

Effective the first full pay period in January 2027, Emergency Dispatch Clerks shall receive an additional two percent (2%) market increase.

3.03 Additional Salary Increases for Police Officers (to be calculated after general salary increases are applied)
Effective the first full pay period in July 2024, or the first full pay period after Council approval of this MOU, whichever is later, Police Officers shall receive an additional three percent (3%) market increase.

Effective the first full pay period in January 2025, Police Officers shall receive an additional two percent (2%) market increase.

Effective the first full pay period in July 2025, Police Officers shall receive an additional three percent (3%) market increase.

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Effective the first full pay period in July 2026, Police Officers shall receive an additional two percent (3%) market increase.

Effective the first full pay period in January 2027, Police Officers shall receive an additional two percent (2%) market increase.

4.00 HOURS OF WORK, SHIFTS, SCHEDULES, REST BREAKS, LUNCH BREAKS

4.01 Work Schedule and Departmental Shift Change
The Chief of Police has implemented a 3/12 work schedule for the patrol division and emergency dispatch/clerical unit (except for the EDC-II and EDC-III positions).

The Chief of Police will designate the schedule that FTO's and their trainees will work. The SRO schedule is on a 4/10 plan with holidays off.

The Chief of Police or designee shall prepare a schedule showing the hours each employee is to work. Except under unforeseeable circumstances, the Chief of Police shall make every reasonable effort to assure that no represented employee shall have more than one shift change in any calendar month. Whenever shift changes are required, it shall not result in a reduction in salary where overtime is actually worked.

The normal working hours for detectives, when the investigations division is fully staffed, shall be a 4/10 schedule, which includes a one (1) hour lunch break.

4.02 Hours of Work
Hours of work for patrol officers and the EDC-1 classification will be seven twelve (12) hour shifts per biweekly pay period, which equates to 84 hours per pay period and 2184 hours per year. Hours of work for employees other than patrol and EDC-1 personnel will be forty (40) hours per week, which equates to eighty (80) hours per biweekly pay period and 2080 hours per year.

Regardless of scheduled work hours, the hourly base rate (also referred to as “straight time rate”) for all personnel is defined as base monthly pay times (12) months, divided by 2080 hours (per year).

All overtime hours will be compensated pursuant to the provisions of Section 5.0 of this Agreement.

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4.03 Voice Mail / Email
All employees are required to check their voice mail and email at least once daily on scheduled work days. Employees are not required to check voice mail or email during vacation leave. Employees are required to telephonically respond to text messages but will not be entitled to on-call pay.

4.04 Rest Breaks and Lunch Breaks
Each employee on the 3/12 plan will have three (3) fifteen (15) minute breaks that will be scheduled throughout the work day. Rest breaks will not be scheduled during the first or last hour of any period of work. Each employee will be granted a forty-five (45) minute lunch break close to the middle of the employee's shift. No wage deduction shall be made nor time off charged against employees taking authorized rest breaks, nor shall any rights or overtime be accrued for rest breaks voluntarily not taken. There is no obligation upon the City to provide facilities for refreshments during the rest breaks, or for procurement thereof.

5.00 OVERTIME

5.01 Regular Work Schedule Requirement
The Department shall prepare a schedule designating the hours each employee shall work. Work for the City by an employee at time other than those so scheduled shall be approved in advance by the Chief or designee.

5.02 Authorization of Overtime
No employee shall receive compensation for overtime in cash, in time off or a combination thereof unless such overtime work has been approved in advance by the Chief of Police or designee.

5.03 Statutory Definition of Overtime
Pursuant to 29 U.S.C. 207(k), City has adopted a fourteen (14) day work period for all eligible law enforcement personnel, i.e. sworn officers, for the purposes of measuring overtime under the Fair Labor Standards Act (FLSA). The applicable FLSA overtime threshold for each 14-day work period is eighty six (86) hours. The 14-day work period starts on the first day of the biweekly pay period and ends on the last day of the biweekly pay period.

For non-sworn personnel, FLSA overtime is measured on a seven (7) day workweek basis with an overtime threshold of forty hours. For day shift nonsworn personnel, the work week begins on Wednesday at 1200 hours and ends the following Wednesday at 1200 hours. For night shift non-sworn

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personnel, the work week on Wednesday at 2400 hours and end their work week the following Wednesday at 2400 hours.

5.04 Contractual Definition of Overtime
Notwithstanding the above, employees are entitled to overtime compensation at the rate of one and one half (1.5) times the regular rate for all hours worked in excess of their regularly scheduled work hours. For example, a patrol officer who works eighty six hours in one pay period will be entitled to two hours of contractual overtime whereas a detective who works eighty six hours in one pay period will be entitled to six hours of contractual overtime. All paid time off will be considered time worked for the purposes of determining contractual overtime due, except that for officers on the 3/12 work schedule, the four (4) hours or pro-rated hours of additional holiday pay for work on holidays other than the floating holiday will not be considered time worked in determining overtime.

5.05 Reservation of Rights
The City may elect to use the designated 14-day work period for eligible law enforcement personnel. If the City so elects, all hours worked up to eighty-six per work period will be compensated at the base hourly rate and all hours in excess of eighty-six will be compensated at 1.5 times the regular rate per the FLSA. If the City exercises its right to invoke the 14- day 7(k) work period exemption, the PBU maintains its right to meet and confer over the effects of the City’s decision on matters within the scope of representation.

5.06 Fractions of Less than Eight (8) minutes
No overtime payment shall be allowed for any period of less than eight (8) minutes, and fractions of less than eight (8) minutes worked shall not be considered overtime and may not be accumulated in order to total more than eight (8) minutes or more.

5.07 Compensatory Time-Off ("CTO")
At the sole option of an employee, CTO may be accrued in lieu of monetary compensation for overtime and is earned at a rate of one and one-half (1.5) times the hourly rate up to the maximum CTO accruals established herein.

All employees may accrue CTO in lieu of monetary compensation for overtime to a maximum of one hundred and twenty (120) hours. Such CTO may be replenished during the year up to the one hundred and twenty (120) hour maximum. The timing of taking the CTO shall be determined by the Division Captain or designee, considering the employee's preference.

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Use of CTO may be granted with a two (2) pay period notice at the discretion of the supervisor. Supervisors are not precluded from granting use of CTO with a shorter notice if the needs of the Department will allow this time off.

Use of CTO will not be approved if it creates undue disruption to cover the absence from the requested CTO.

Any accrued and unused CTO will be cashed out in the last paycheck of the calendar year.

5.08 Shift Adjustments
If the department intends to adjust an employee's shift due to overtime worked on a shift, the employee's supervisor must notify them of the intended shift adjustment on the day before the adjustment occurs. Such notice shall be given by the end of the employee's shift.

For patrol personnel, all shift adjustments shall be made within the fourteen (14) day work period. For all other employees, all shift adjustments shall be made within a forty (40) hour work week. All shift adjustments will be completed at the time that the change in the shift is made. Except for unforeseeable circumstances, the Chief of Police shall make every effort to assure that no employee shall have more than one shift adjustment occur during a pay period.

6.00 HEALTH AND SAFETY

6.01 Health and Safety - Equipment
City shall comply with all applicable State and Federal Safety Regulations and shall furnish all safety equipment required by law or deemed necessary by the Chief of Police or designee to all employees as appropriate. At the commencement of employment, each employee shall be provided safety equipment by the City as follows:

One (1) belt for slacks
One (1) leather duty belt with: holster, double magazine holder, double handcuff case, O.C. spray holder, baton ring, key ring, four (4) keepers, belt buckle
One (1) semiautomatic handgun with three magazines and duty ammunition sufficient for the capacity of a full loaded pistol and three magazines One (1) O.C. spray canister
One (1) soft body armor ballistic vest, replaced every five (5) years Two (2) pair of handcuffs with keys
One (1) baton
One (1) police flashlight

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6.02 Equipment
City shall provide all equipment deemed essential by the Chief of Police or designee to complete assigned duties.

7.00 UNIFORMS
At the commencement of employment, each employee shall be provided uniforms by the City as follows:

Officers:

One (1) uniform hat and hat piece
Three (3) uniform shirts, long or short sleeve
Three (3) uniform slacks
One (1) uniform duty jacket
One (1) uniform dress jacket
Patches as required for above uniforms
One (1) name tag for uniform shirt
One (1) name tag for uniform jacket
One (1) complete set of rain gear
Two (2) B.D.U. uniforms
One (1) duty badge
One (1) off-duty badge and badge wallet
Dispatchers:

Three (3) uniform shirts, long or short sleeve
Three (3) uniform slacks
One (1) uniform sweater
One (1) duty badge
One (1) name tag for uniform shirt
One (1) belt for slacks
Patches as required for above uniforms
During the course of employment, the City shall replace uniforms, at no cost to the employee, at the discretion of the Chief of Police or designee. The City further agrees to establish an account at a local dry cleaners to clean and maintain said uniforms at no cost to the employee. All above uniform costs shall be subject to the applicable public retirement rate as required by the California Public Employees Retirement System (PERS) regulations.

For the detectives, City will pay to clean clothes soiled as a result of a work-related incident, with the approval of the Chief of Police or designee. This cost will be paid through the City's local dry cleaners account.

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8.00 HOLIDAYS
The City recognizes the following days as holidays:

A. First day of January
B. Third Monday in January - Dr. Martin Luther King Jr. Day C. Third Monday in February - Presidents Day
D. Last Monday in May - Memorial Day
E. June 19 - Juneteenth
F. July 4th
G. First Monday in September - Labor Day
H. Second Monday in October - Columbus Day
I. November 11 - Veterans Day
J. Thanksgiving Day
K. The day following Thanksgiving Day
L. The day preceding Christmas
M. Christmas Day
N. The Day preceding New Year’s Day
P. One floating holiday per fiscal year. Employees must use the floating holiday in that fiscal year
Q. Every day declared a holiday by the City Council.

Detectives
Detectives shall take Holidays and shall be paid for those days off. Any holiday that would otherwise be on a Saturday will be taken on the preceding Friday, or the preceding Thursday if the employee does not work on Friday or Saturday. Any holiday that would otherwise be on a Sunday will be taken on the following Monday, or the following Tuesday if the employee does not work Sunday or Monday.

If a detective is mandated to work on a holiday, the detective may choose an alternate day in the same pay period to take off. If the Police Chief or designee denies the chosen alternate day and the parties do not agree on another day in the same pay period to take off or if the detective declines to choose an alternate day, the detective shall receive doubletime for hours worked on the holiday up to their regular shift length. Hours worked in excess of the regular shift length, if needed, will be compensated at time and one half times their regular rate.

Patrol Officers / Emergency Dispatcher/Clerks
Because patrol officers and emergency dispatcher/clerks have foregone paid holidays off and may be required to work on a holiday as part of their regular schedule, the City shall pay these employees an additional six percent (6%) of base salary in lieu of paid holidays off.

In recognition of the additional holiday-in-lieu pay received by emergency dispatcher/clerks, effective the first full pay period after Council approves this

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MOU, the additional pay has been rolled into EDC base salary in the form of a one percent (1%) salary increase.

The parties agree that, to the extent permitted by law, this is a special compensation, and the City shall report this pay to CalPERS as a “Statutory Item” under 2 C.C.R. 571(a)(5) and “Additional Item” under 2 C.C.R. 571.1(b)(4).

In addition, employees who work a twelve (12) hour shift on a City-recognized holiday (other than a floating holiday) will receive doubletime for the first four hours of work on the holiday, in addition to regular pay for the rest of the day worked.

Employees on the 3/12 schedule who works less than twelve (12) hours on a Cityrecognized holiday (other than the floating holiday) will receive prorated doubletime for the first hours of work on the holiday (e.g. employees who work six hours will receive doubletime for the first two hours of work on the holiday).

9.00 HEALTH AND WELFARE BENEFITS

9.01 Medical Plan

9.01.01 CalPERS Medical
The City provides medical insurance through the California Public Employees’ Retirement System (CalPERS). The City’s contribution towards medical coverage will be the minimum amount required by Government Code section 22892 for regular full-time employees and retirees (“PEMHCA minimum”).

9.01.02 Cafeteria Plan
The City will also make available a Flexible Benefit Plan (Cafeteria Plan) for active employees. The City shall pay any administrative fees and contingency reserve fund assessments, if any.

9.01.03 City Contribution
a. Beginning January 1, 2022, the City will contribute the following amounts per month toward the cost of health benefits for each bargaining unit member. The flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year. Unit members electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit member’s pay.

In the event the actual monthly premium is less than the amount

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shown on the chart below, the difference shall be provided as contribution to the employee’s deferred compensation account.

Effective July 1, 2024, the difference shall no longer be provided as a contribution to an employee’s deferred compensation account but shall be provided to the employee as taxable cash.

Enrollment Level City Contribution
Employee Only $1,000.00
Employee + 1 $2,000.00
Employee + 2 Or More $3,000.00
The above amounts are inclusive of the City contribution set forth in section 9.01.01 above.
b. Effective January 2025, the City shall contribute the following amounts to the cafeteria plan per month on behalf of each bargaining unit member. The below amounts are inclusive of the City contribution set forth in section 9.01.01 above.

The City’s monthly contribution for employee only shall be equal to the monthly medical premium cost for the plan chosen by the employee or one hundred percent (100%) of the cost at the Employee Only level of the average plan premiums offered by the CalPERS Health Benefit Medical Program for Region 1 (excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties), whichever is less.

The City’s monthly contribution for employee + dependents shall be equal to the monthly medical premium cost for the plan chosen by the employee or one hundred percent (100%) of the average premium cost of health plans offered in CalPERS Medical Region 1 (excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties), whichever is less. c. Effective January 2027, for employee + dependents, the City’s monthly contribution shall be equal to the monthly medical premium cost for the plan chosen by the employee or ninety percent (90%) of the difference between the average employee only premium calculation above (see subdivision b) and same average premium calculation at the employee’s coverage level, whichever is less (excluding out of state plans and plans not available in Monterey, Santa Cruz, or Santa Clara counties) This amount is inclusive of the City contribution set forth in section 9.01.01 above.

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9.01.04 Optional Benefits
Employees may also elect the following optional benefits:

1. Medical reimbursement account

2. Dependent care assistance plan

3. AFLAC supplemental insurance
Employees who elect optional benefits, shall use pre-tax salary deduction to cover the cost of the optional benefits.

9.01.05 Cash in Lieu
Effective January 1, 2025, employees who provide adequate proof of alternative essential minimum medical coverage for themselves and their tax family shall receive three hundred dollars ($300) per month in lieu of City-provided medical insurance. Cash in lieu is paid in equal installments in the first two pay periods of the month.

9.02 Section 125 Plan
The City also agrees, to the extent allowable by law, to adopt the provisions of Section 125 of the Internal Revenue Code, thereby enabling employees to pay allowable medical costs with pre-tax dollars.

9.03 Dental and Vision
As soon as administratively possible after Council approval of this MOU, the City shall provide dental insurance to employees. The City shall pay 100% of the employee only premium and shall pay 100% of the employee + dependents premium.

The City will continue to cover the cost of vision coverage benefits under the Vision Service Plan up to twenty dollars ($20) per month.

9.04 Deductibles
Employees shall be responsible for paying the deductible portion of their medical, dental and vision insurance plans, where applicable.

9.05 Long-Term Disability Insurance
City agrees to maintain a long-term disability plan at City's sole cost, not to exceed one and eight-tenths (1.8%) of annual salary per month.

9.06 Retiree Medical Coverage Program

9.06.01 Employees Hired Prior to January 1, 2025

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It is the purpose of the employees Retiree Medical Coverage program to provide for medical insurance compensation to retired employees in order to insure that these individuals, who have dedicated a number of years of service to the City of Scotts Valley, do not face an economic hardship at the time of retirement in paying for medical insurance coverage. Employees hired prior to January 1, 2025 and who met the requirements set forth in this section shall be vested at the levels indicated below.

By the term “vested,” the parties hereby expressly demonstrate their intent to memorialize the obligation of the City to provide retiree medical insurance benefits described in this section to eligible retirees (those hired before January 1, 2025) who retire directly from the City. The City’s obligations described herein will not cease upon expiration, termination or modification of this agreement.

To be eligible, an employee:

1. Must have been employed with the City for ten (10) years or longer.

2. Shall retire from the City of Scotts Valley. Public safety employees shall be eligible for this benefit upon retiring at age 50 or older; all other employees shall be eligible upon retiring at age 55 or older.

Retirement shall be defined as "retiring under the provisions of the CalPERS Retirement Plan."

3. The retired employee shall provide annual proof on annual basis during retirement of current medical insurance coverage including the costs to the retiree. The retiree must notify the City if the medical insurance policy is cancelled. Failure to carry medical insurance or to notify the City of its cancellation will eliminate eligibility for this benefit. The retired employee must secure his/her own medical insurance coverage.

4. The retiree medical benefit shall be provided to the retiree and the retiree’s spouse. However, this benefit shall only be payable while the retiree is living, and shall not be payable to the retiree’s spouse after the retiree’s death.

The medical benefit will be provided at the following rates, which are inclusive of the Public Employees Medical & Hospital Care Act (PEMHCA) minimum for those utilizing a CalPERS medical plan:

A. For employees hired on or before June 30, 2018

1. For employees who have served 10 to 15 years with the City:
100% of premiums to a maximum of 33% of the premiums for

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the PERS Platinum plan (benchmark plan); reduced to 16.5% at Medicare eligibility.

2. For employees who have served 15-20 years with the City:
100% of premiums to a maximum of 50% of the PERS
Platinum plan; reduced to 25% at Medicare eligibility age.

3. For employees who have served over 20 years: 100% of premiums to a maximum of 67% of the PERS Platinum plan; reduced to 33.5% at Medicare eligibility.

B. For employees hired on or after July 1, 2018

1. For employees who have served 10 to 15 years with the City up to a maximum of monthly contribution of:

Employee Only: $250.00
Employee plus Spouse: $375.00

2. For employees who have served 15 to 20 years with the City up to a maximum of monthly contribution of:

Employee Only: $350.00
Employee plus Spouse: $550.00

3. For employees who have served over 20 years with the City up to a maximum of monthly contribution of:

Employee Only: $500.00
Employee plus Spouse: $750.00

9.06.02 Employees Hired on or After January 1, 2025
For bargaining unit members hired on or after January 1, 2025, and who retire from the City while meeting the eligibility of CalPERS retiree health insurance, the City’s contribution toward employee retiree medical coverage shall be the statutory minimum amount required under the PEMHCA as determined by CalPERS under Government Code Section 22892.

9.07 Life Insurance
The City shall pay the premium for a $50,000 life insurance plan for all employees.

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9.08 Joint Committee for Health Care Cost Containment
City and Association agree to participate in a “Joint Health Care Cost Containment Committee” for the purpose of controlling health care costs.

The Committee shall make recommendations consistent with this goal.

Recommendations shall be implemented if approved by the City and Association.

9.09 Deferred Compensation
Employees may contribute to a City authorized deferred compensation account (authorized under the Internal Revenue Code Section 457) via salary redirection.

Effective January 1, 2025, the City will match up to $50.00 during the 1st and 2nd pay period of each month (up to a maximum of $100.00 per month) of an employee’s contribution. The combined contribution between the City’s and the employee’s contribution cannot exceed the maximum permitted by law.

10.00 CALL-BACK PAY
Any employee who has departed from the employee's work location and is called back to work by the Chief of Police or designee on a regularly scheduled work day for that employee shall be guaranteed a minimum of two (2) hours compensation at one and one-half (1.5) times the hourly rate in accordance with Section 4.02.

Any employee who has departed from the employee's work location and is called back to work by the Chief of Police or designee on a day for which the employee is not scheduled to work shall be guaranteed a minimum of four (4) hours compensation at one and one-half times (1.5) the hourly rate in accordance with Section 4.02. A regularly scheduled work day is defined as each day on which the majority of hours worked in each shift falls.

11.00 COURT APPEARANCE
Any employee who is required to testify in connection with an employee's usual official duties or in connection with a case in which the City or Police Department is a party shall be guaranteed a minimum of four (4) hours compensation at one and one-half (1.5) times the hourly rate.

12.00 STANDBY PAY
Employees who are required to perform standby duty by the Chief of Police or designee, or the court shall be compensated at the flat rate of one hundred dollars ($100.00) per day. Standby duty is that period of time an employee is required to be available by phone for immediate call out.

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12.01 On-Call Pay
On-call positions shall receive a flat rate of one hundred dollars ($100.00) per day. The detective sergeant will rotate the on-call duty with the detectives and juvenile officer.

13.00 ADDITIONAL COMPENSATION

13.01 Temporary Assignment to Higher Level
An employee specifically assigned on a temporary basis to a higher level position shall be compensated at the pay rate for the higher level position if the service in such position exceeds a total of twenty (20) days in any twelve (12) month period. Payment shall be retroactive to the first day of such service. Temporary assignments may not exceed the limits set forth in the Public Employment Retirement Law. In accordance with the Public Employees’ Pension Reform Act (PEPRA), temporary assignment pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).

If the temporary assignment lasts longer than six (6) months, then the employee will be able to use and accrue forty-eight (48) hours of CTO per fiscal year.

The parties agree that, to the extent permitted by law, this is special compensation, and the City shall report this pay to CalPERS for Classic Members only as "Temporary Upgrade Pay" under 2 C.C.R. 571(a)(3).

13.02 Bilingual Pay
Upon the recommendation of the Chief of Police or the Chief's designated representative and with the approval of the City Manager, an employee occupying a position designated as requiring fluency in a language other than English shall receive Two Hundred Dollars ($200) per month, paid in equal amounts the first two pay periods of each month.

The parties agree that, to the extent permitted by law, this is special compensation, and the City shall report this pay to CalPERS as "Special Assignment Pay" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3).

13.03 Daylight Savings Time
All employees working at the time daylight savings time starts or ends shall be paid for actual time worked in accordance with Section 4.00 and its provisions.

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13.04 Mileage Allowance
When an employee is required to use the employee's personal vehicle on City business, the City shall pay the mileage allowance provided by the rules and regulations of the International Revenue Service.

13.05 Assignment Differential
A. A five percent (5%) additional salary differential over base pay shall be paid to all employees assigned to the following job assignments.

The parties agree that, to the extent permitted by law, this is special compensation, and the City shall report this pay to CalPERS as "Special Assignment Pay" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3).
(1) Motorcycle Officer
(2) Field Training Officer (FTO) and Communications Training Officer (CTO) shall receive a five percent (5%) differential for the hours actually worked in the capacity as FTO or CTO when assigned a trainee at the discretion of the Police Chief.

No more than two (2) FTOs and/or (2) CTOs will receive this benefit at any one time, unless more are authorized by the Police Chief.

B. Effective July 1, 2024, A sixteen percent (16%) salary differential over base pay shall be paid to all employees assigned to detective positions, inclusive of juvenile officer / School Resource Officer.

Effective July 1, 2025, this salary differential over base pay will reduce to fourteen percent (14%). Effective July 1, 2026, this salary differential over base pay will reduce to twelve percent (12%). The Chief of Police or designee will develop an on-call schedule for all individuals assigned to the investigations unit on a rotational basis.

When a detective has been placed on-call, they are expected to be able to respond to the department within one (1) hour and carry a pager during the on-call assignment period (maximum one (1) detective on-call at a time). Detectives may drive a City-issued vehicle to and from their homes while on-call, provided their home is within sixty (60) miles of the Scotts Valley Police Department. City and Department policy governing the use of City-issued vehicles must be followed.

All assignments shall be approved in advance by the Chief of Police or designee. The assignment as stated above shall be noted on the employee time card.

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13.06 Canine Officer Differential
All employees assigned as Canine Officers will receive additional compensation at the rate of five percent (5%) of base pay for the care and maintenance of their dog, whether the actual time is more or less than that.

The parties mutually agree that this is adequate for care and maintenance.

The parties agree that, to the extent permitted by law, this is special compensation, and the City shall report this pay to CalPERS as "Special Assignment Pay" under 2 C.C.R. 571(a)(4) and 2 C.C.R. 571.1(b)(3).

The California Police Officers Standards of Training currently require canine units to receive a minimum of sixteen (16) hours of training a month. These hours will be offset by allowing the Canine Officer to train on duty or during a scheduled training time and then adjust the start time of their work day by four (4) hours.

13.07 Stacking of Incentives
As a general rule, employees are not permitted to receive more than one (1) Differential pay at a time. However, except for when assigned to detectives, an employee is eligible to be paid the Canine Officer Differential, FTO Pay and Temporary Assignment to a Higher Classification pay when performing any or all of these assignments.

13.08 Wellness Stipend
Effective the first full pay period in 2027, the City shall provide a fifty dollar ($50) per month wellness stipend through payroll as taxable income to all bargaining unit members.

14.00 LEAVE OF ABSENCE

14.01 Other Leave Without Pay
The appointing authority may grant an employee a leave of absence without pay for a definite period not to exceed three (3) months. The City Council may grant an employee a leave of absence without pay for a definite period not to exceed one (1) year. The request for leave, and the reasons therefore, shall be submitted in writing by the employee and must be approved by both the Chief of Police or designee and City Manager or designee.

Upon expiration of the approved leave, the employee shall be reinstated to his/her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off.

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Failure on the part of an employee to return to work on the date scheduled shall be cause for termination.

14.02 Outside Employment
A leave of absence without pay may not be granted to an employee for purposes of accepting either private or other public employment outside the service of the City, except as hereinafter provided in this Article 14.00.

An employee may not work outside employment without the prior written approval of the Chief of Police or designee.

14.03 Military Leave
Every employee shall be entitled to military leaves of absence as specified in Chapter 7, Part 1, Division 2, of the California Military and Veterans Code.

If such employee shall have been in the service of the City for at least one (1) year prior to the date such absence begins, they shall be entitled to receive pay for up to one (1) month of military leave during any fiscal year at the rate they would have received for service to the City. Time spent on military leave shall be included in determining eligibility to occupy a classification based upon length of service.

14.04 Leave for Jury Duty
Leave of absence with pay shall be granted to an employee while going to and from court and serving on jury duty. Any jury fee awarded to such person shall be deposited with the City Treasurer. Any employee who serves jury duty on any calendar day in which they would have commenced a regularly scheduled shift shall receive that shift off as leave of absence with pay.

14.05 Maternity Leave
Refer to City Personnel Rules and Regulations (Section 17.08 adopted 11/11/86).

14.06 Parental Leave
All employees whose spouse or significant other is pregnant may take up to a four (4) month leave of absence. Said leave shall be called a “Parental Leave” and must be applied for, in writing, to the Chief of Police or designee.

Included with said application shall be a doctor’s certificate, certifying the pregnancy, and estimating the delivery date. Application will also state the beginning and ending dates of requested leave.

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A longer leave may be granted where extenuating circumstances exist. All paternity leaves shall be without pay and without a loss in seniority.

Employees shall use accumulated sick leave, vacation, or compensatory time during this period, immediately preceding this period, or immediately following this period; subject to the City approval of any leave totaling more than four (4) months.

Vacation and sick leave benefits do not accrue during parental leave. All other benefits accrue in accordance with the provisions of the City Personnel Rules and Regulations.

14.07 Bereavement Leave
Employees shall be granted leave in the event of the death of a member of the employee's immediate family. The leave available is up to five (5) working days per death. Up to forty such hours are paid. To receive pay for hours in excess of forty, the employee may use any of his or her paid leave accruals, e.g. sick leave, vacation leave, compensatory time off. The immediate family is defined as mother, step-mother, father, step-father, husband, wife, domestic partner, son, step-son, daughter, step-daughter, foster parent, foster child or any person sharing the relationship of loco parentis, and which living in the household of the employee, a brother, sister, brother-in-law, sister-in-law, mother-in-law, father-in-law, or grandparent, or any other special circumstance as approved the City Manager.

The leave need not be used consecutively but must be used within three months.

15.00 VACATION

15.01 Vacation
Employees covered by the provisions of this Agreement shall receive annual vacation leave in accordance with the following schedule:

Years of Service Vacation Hours
Less than 5 years 80 hours
5-10 years 120 hours
10 years 160 hours
15 or more years 168 hours
Vacation hours are those an employee would be normally scheduled to work. Holidays, hours off, sick leave hours and emergency or personal leave hours shall not be considered or charged as vacation hours.

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Upon providing sufficient proof to the Human Resources Department, current employees and new hires will receive credit for prior experience as a sworn officer or dispatcher and their prior years of experience will be counted as years of service for the purposes of accruing vacation. Any changes to a current employee’s accrual rate due to this section shall be on a prospective basis only and previously accrued hours will not be adjusted.

15.02 Vacation Carry Over
An employee may not carry forward from calendar year to calendar year more than two (2) times their annual vacation rate unless the employee has first received a written extension granted by the City Manager or designee at the recommendation of the Chief of Police or designee. Written extensions shall be granted in cases where, due to service requirements of the department, it was not reasonably possible for the employee to reduce his/her vacation accumulation below two (2) times. Employees who have refused to take vacation during the calendar year are not guaranteed of receiving written extension.

15.03 Effect of Absence on Continuous Service
Absence or authorized leave with or without pay, time during which an employee is laid off because his services are not needed and time during which an employee is temporarily not employed by the City shall not be considered as an interruption of continuous service if such absence is followed by re-employment within one (1) year. However, such absences shall not be counted in computing the employee's years of continuous service.

15.04 Vacation Scheduling
The Chief of Police or the Chief's designated representative shall determine when vacation leave may be taken. The employee shall be allowed to divide vacation leave in any calendar year into two (2) segments. The Chief of Police may grant an employee additional segments of vacation. Seniority in department service among employees in a classification and working unit consistent with Department operating requirements shall be the basis on which vacation schedule conflicts shall be resolved in favor of the most senior employee who has not, by virtue of employee's senior position, previously had such a conflict resolved in the employee’s favor during the calendar year. In the event of vacation schedule conflicts among employees who have had such conflicts resolved in their favor before, the senior employee who has had the least number of successful conflict resolutions shall prevail. Vacation may be started on any day of the week.

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15.05 Rate of Vacation Pay
Compensation during vacation shall be at the rate that the employee is entitled to receive, including premium pay, as if the employee was on active service during such vacation.

15.06 Vacation Request Notification
All vacation requests will be made no less than ninety (90) days prior to the requested time for leave. Supervisors will not be precluded from granting vacation requests upon shorter notice provided that the needs of the Department will allow for the requested time off.

15.07 Vacation Buy-back
The City will buy back up to eighty (80) hours of vacation annually, provided the employee irrevocably elects to do so by December 15 of the prior calendar year per the below requirements, and as long as the employee has an accrued vacation balance of at least forty (40) hours remaining following the buy back.

To make the irrevocable election, the employee must submit a written irrevocable election form to the City Manager or designee by December 15, which requests to cash out up to eighty (80) hours of vacation leave earned in the subsequent calendar year. The cash-out will occur in the first full pay period in December of the following calendar year. For example, an employee who submits an irrevocable election form by December 15, 2024 shall receive the cash out in December 2025, assuming the employee has accrued sufficient vacation in 2025 for the cash out and assuming forty (40) hours of vacation remains following the buy back.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that same year, the vacation used will come from vacation earned in the prior year. This is to ensure the vacation used will not reduce the amount of vacation the employee will be eligible to cash out.

16.00 SICK LEAVE

16.01 Definition of Sick Leave
As used in this section, "sick leave" means leave of absence of an employee because of any of the following: (1) illness or injury which renders them incapable of performing the employee's work or duties for the City; (2) the employee's exposure to contagious disease as evidenced by a doctor's

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certification that this exposure necessitates the employee being on sick leave; and (3) routine medical or dental appointments of the employee.

16.02 Industrial Sick Leave
If an employee is incapacitated by sickness or injury received in the course of their employment with the City, they shall be entitled to pay as provided herein.

16.03 Amount and Duration of Payment
Such employee shall be entitled to receive industrial sick leave with pay equal to the difference between 100% of his normal salary and the amount of any Workers’ Compensation temporary disability payments to which they are entitled during such incapacity for a period not to exceed one (1) calendar year from the date of such sickness or injury.

16.04 Denial of Payment
Notwithstanding the foregoing provisions of this section, such payment shall not be made pursuant to this subsection to an employee:
(1) who does not apply for or receive temporary disability benefits under the Worker's Compensation Law;
(2) whose injury or illness has become permanent;
(3) whose injury or illness, although continuing to show improvement, is unlikely to improve sufficiently to permit the employee's return to work in his position;
(4) who is retired on permanent disability or pension;
(5) whose injury or illness is the result of intentional failure to observe City health or safety regulations or the commission of a criminal offense;
(6) whose injury or illness has been aggravated or delayed in healing by reason of the employee's failure to receive medical treatment or follow medical advice, except where such treatment or advice has not been sought or followed by reason of the employee's religious beliefs; and
(7) whose injury or illness is a recurrence or re-injury of an earlier jobrelated injury or illness or is contributed to by a susceptibility or predisposition to such injury.

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16.05 Sworn Employees
Sworn personnel are subject to the provisions of California Labor Code section 4850 in lieu of conflicting terms in this section.

16.06 Sick Leave Accrual Rate
Each employee will accumulate sick leave at the rate of eight (8) hours per each full calendar month on a paid status. The Chief of Police or designee shall grant sick leave with pay, not to exceed an employee's accumulated unused sick leave, to an employee incapacitated by injuries or sickness.

16.07 Medical Report
As a condition of granting sick leave with pay, the Chief of Police may require medical evidence of sickness or injury acceptable to the Department, which may include a statement of diagnosis and treatment from a licensed physician or a medical clearance to return to work.

16.08 Sick Leave for Immediate Family Care
Leave of absence with pay because of sickness or injury in the immediate family of an employee shall be granted consistent with California law. For the purposes of this subsection, "immediate family" means mother, stepmother, father, step-father, husband, wife, domestic partner, son, step-son, daughter, step-daughter, foster parent, foster child or any person sharing the relationship of loco parentis; and, which living in the household of the employee, a brother, sister, brother-in-law, sister-in-law, mother-in-law, father-in-law or grandparent.

16.09 Sick Leave Compensation on Termination
City shall pay to each terminated, separated employee the value of his accrued and unused sick leave not to exceed a maximum of nine hundred and sixty (960) hours, based on the following sliding scale, representing the percentage of salary to be applied to available accumulated hours of sick leave applicable at the time of separation from City service:

Years of Service % of Compensation
5 years, 1 day - 10 years 20%
10 years, 1 day - 15 years 25%
15 years, 1 day - 20 years 30%
20 years, 1 day - 25 years 40%
25 years, 1 day - 30 years 50%
Over 30 years or at retirement 60%

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This compensation will be paid with the final paycheck.

The City has implemented PERS option Section 20862.8 (Credit for Unused Sick Leave) for sworn personnel.

16.10 Personal Leave
City shall allow each employee twenty-four (24) hours of accrued sick leave annually for personal reasons. Personal Leave shall be taken in minimum of four (4) hour periods, and shall be approved in advance by the Chief of Police or designee with due consideration for the needs of the employee and the Department.

Personal Leave periods taken will not be charged against the stay well bonus described in Section 28.00, unless the periods are used immediately before or immediately following vacation or holidays (for those employees who receive holidays off), except as otherwise authorized by the Chief of Police or designee.

16.11 State Disability Insurance
Employees receiving State Disability Insurance payments shall file the "notice of calculation" for disability insurance with the City immediately upon receipt from the Employment Development Department. Upon receipt of notice, the City shall adjust the employee's sick leave usage and wages for the effective period so that his net pay, including SDI, is equal to that which they would receive if working.

17.00 LONGEVITY PAY
Prior to the first full pay period in July 2025, all employees are eligible to receive a one percent (1%) longevity stipend upon completion of five consecutive years of service, an additional two percent (2%) longevity stipend upon completion of ten consecutive years of service and an additional three percent (3%) longevity stipend upon completion of fifteen consecutive years of service.

Effective the first full pay period in July 2025, all employees will be eligible to receive a two- and one-half percent (2.5%) longevity stipend upon completion of five (5) years of service, an additional two and one half percent (2.5%) longevity stipend upon completion of ten (10) years of service and an additional one percent (1%) longevity stipend upon completion of fifteen (15) years of service.