St. Helena City Council
September 13, 2022

City of St. Helena
Regular City Council and Closed Session
Meeting
Tuesday, September 13, 2022 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena

PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.

The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 4:00 PM prior to the meeting. Emailed public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.

Simultaneous Spanish interpretation services during meetings can be scheduled upon request. To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.

Servicios de interpretación en español durante la reunión pueden ser solicitados por el público.

Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .

El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .

Page

1. CALL TO ORDER

2. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

5. PUBLIC FORUM:

Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:

Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1. Oaths of office for:
• Allan Lacson, Plant Operator I
• Darren Gardette, Plant Operator II
• Ashley Sylvester, Recreation Supervisor

8. YOUTH REPRESENTATIVE BRIEFING

8.1. Presentation from Youth Representatives on High School and Middle School Survey Results
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:

Receive presentation from Youth Representatives.

Staff Report - Pdf
7 - 48

9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)

9.1. Consideration and proposed approval of Regular Meeting Minutes of August 9, 2022
08-09-2022 Regular City Council - Minutes
49 - 53

9.2. Consideration and Proposed Approval of a Resolution (1) Approving the Memorandum of Understanding Between the City of St. Helena and the St. Helena Employees Association (SHEA) for a Three-year Contract Commencing on July 1, 2022 and Expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Employees Association Member
Classifications.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Staff recommends approval of the attached resolution.

Staff Report - Pdf
55 - 171

9.3. Consideration and recommended approval of a resolution approving:

1. Professional Services Agreement with Dudek to provide services associated with Phase I - St. Helena Defensible Space and Fuels Management Project for a total not to exceed $122,649; and 173 - 246

2. Approving a budget increase to 101-40-00-21-45 in the amount of $40,750 for the required City contribution of 25%.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Approve of a resolution authorizing:

1. Professional Services Agreement with Dudek to provide services associated with Phase I - St. Helena Defensible Space and Fuels Management Project for a total not to exceed $122,649; and

2. Approving a budget increase to 101-40-00-21-45 in the amount of $40,750 for the required City contribution of 25%.

Staff Report - Pdf

9.4. Second reading of an Ordinance adding Section 3.04.055 Standards of Conduct Pertaining to Procurement to St. Helena Municipal Code Chapter 3.04 Purchase of Supplies, Equipment and Services and Procedures for Public Works Projects.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Conduct the second reading and adopt the Ordinance adding Section

3.04.055 Standards of Conduct Pertaining to Procurement to St. Helena Municipal Code Chapter 3.04, by title only and waive further reading.

Staff Report - Pdf
247 - 297

9.5. Consideration and proposed adoption of a Resolution authorizing the City Manager to execute Amendment No. 1 to STH Contract: FY2023- 002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Staff recommends City Council adopt the attached Resolution and authorize the City Manager to execute Amendment No. 1 to STH Contract: FY2023-002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

Staff Report - Pdf
299 - 320

9.6. Consideration and Proposed Approval of A) a Resolution Authorizing Staffing Recommendations as Follows:

1. Add Administrative Analyst Classification and establish a salary range of $82,012 - $99,686; and

2. Increase the salary range for the Director of Public Works to $162,072 - $197,000; and

3. Reclassify the Planning & Building Director to Director of Community Development and establish a salary range of
$162,072 - $197,000; and
321 - 475

4. Add Human Resources Analyst Classification and establish a salary range of $80,646 - $98,026; and

5. Freeze the Human Resources Manager for the remainder of FY2023; and

6. Unfreeze the Parks & Trees Superintendent for the remainder of FY2023; and

7. Increase the salary range for the Senior Civil Engineer to $127,499 - $154,976; and
B) Approval of an Amendment to a Memorandum of Understanding Between the St. Helena Employees Association (SHEA) and the City and approval of Amendment #12 to the Unrepresented Compensation Program; and
C) Approval of a Resolution Duly Adopting and Approving a Publicly Available Pay Schedule for St. Helena Employees Association (SHEA), Publicly Available Pay Schedule for Mid-Management, and Publicly Available Pay Schedule for Executive Management - Departments Heads which Includes a Revised Salary Schedule for the Director of Public Works Classification, Reclassification of the Planning & Building Director to a Director of Community Development, and a Revised Salary Schedule for the Reclassified Director of Community Development effective September 13, 2022.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Approve the attached resolution.

Staff Report - Pdf

10. OLD BUSINESS

10.1. Water and Wastewater Rate Study Update regarding:

1. Pricing Objectives Exercise - Review and Discuss Exercise Results; and

2. Reserves Policies - Review and Discuss Existing Policy and Alternative Policies; and

3. Capital Improvement Program (CIP) - Presentation of Long-Term Capital Program for Water and Wastewater.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Discuss and provide feedback.

Staff Report - Pdf
477 - 519

10.2. Downtown Pedestrian Crossing Improvements Discussion and Direction CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

In light of the safety upgrades performed by Caltrans, and the planned redesign included in the Downtown Sidewalk Improvement Project, staff would recommend implementation of Option 1. This would provide 521 - 535

robust, permanent safety enhancements and will not conflict with the continued design efforts which will address the overall pedestrian safety concerns throughout the intersection.

Staff Report - Pdf
Public Comment.Chris Fowler

11. CLOSED SESSION:

11.1. PUBLIC COMMENT PERTAINING TO CLOSED SESSION

11.2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov’t Code Section 54956.9(b) (one case)

12. ADJOURNMENT
The next Regular City Council meeting is scheduled for September 27, 2022, at 6:00 p.m.

This agenda was posted at City Hall, 1572 Railroad Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on September 9, 2022.

Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St.

Helena, at or prior to the meeting. In addition, judicial challenge may be limited

or barred where the interested party has not sought and exhausted all available administrative remedies.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1572 Railroad Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.

Report to the City Council
Regular City Council - 13 Sep 2022
Agenda Section: YOUTH REPRESENTATIVE BRIEFING
Subject: Presentation from Youth Representatives on High School and Middle School Survey Results
CEQA
Determination:

Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The City Council Three Year adopted workplan Goal 5 is to support thriving families and enhance the safety, wellbeing and healthy development of our youth. Item 5B under this goal is to designate two to three Youth Representatives to speak periodically at City Council meetings on youth related issues in the community and to act as liaisons to youth when feedback is requested on City Council matters. Vice Mayor Dohring and Councilmember Chouteau have been the designated Councilmembers who were requested by the Council to advance this goal in partnership with City staff.

DISCUSSION
The Youth Representatives of Clayton Burton, Brandon Diaz and Talia Ricci will present the survey results from two (2) surveys that was developed by Vice Mayor Dohring and Councilmember Chouteau. The surveys were distributed to the High School and Middle School students in the St. Helena Unified School District. Clayton, Brandon and Talia will share key takeaways and potential solutions from the results of the surveys.

FISCAL IMPACT
None

RECOMMENDED ACTION
Receive presentation from Youth Representatives.

Agenda Item #8.1.

ATTACHMENTS
Middle School Survey Results
High School Survey Results
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
1 / 18

56.25% 45

46.25% 37

42.50% 34

35.00% 28

27.50% 22

20.00% 16
Q1 What do you think are the top issues facing youth (11-13) in St.

Helena? (Select all that apply)
Answered: 80 Skipped: 5
Total Respondents: 80
# OTHER (PLEASE SPECIFY) DATE
1 none of the above. 5/27/2021 8:01 PM
2 nothing 5/27/2021 10:01 AM
3 Many undisciplined children 5/27/2021 9:02 AM
4 Pressure with doing well in school. 5/26/2021 9:56 PM 5 I don't have issues 5/26/2021 4:40 PM
6 Racism, Homophobia, and sexism 5/26/2021 3:10 PM
7 We need an arcade with games and food and no tourists allowed 5/26/2021 12:13 PM Feeling
lonely/or be...

Nothing to do
during free...

Mental health
awareness an...

Peer
pressure/bul...

Getting along
with parents...

More sports
and...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Feeling lonely/or being alone/fitting in socially
Nothing to do during free time
Mental health awareness and support
Peer pressure/bullying
Getting along with parents or family members
More sports and recreational options
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
2 / 18
8 Not enough Access time. 5/26/2021 11:42 AM
9 There is no public space where there is free wifi for us to do homework. 5/26/2021 11:21 AM 10 there is this one kid at my school who has been putting pressure on me and some what bulling me but the shool did a great job to stop that
5/26/2021 9:24 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
3 / 18

77.11% 64

43.37% 36

32.53% 27

31.33% 26

28.92% 24

9.64% 8

4.82% 4
Q2 Where do you spend your free time in St. Helena? (select all that apply)
Answered: 83 Skipped: 2
Total Respondents: 83
# OTHER (PLEASE TELL US WHERE) DATE
1 around town with friends 6/1/2021 11:01 AM
2 Chocolate 5/28/2021 2:18 PM
3 swim team. but about 2-3 hours after school. 5/27/2021 8:01 PM 4 I usually go on bike rides after school. 5/27/2021 6:51 PM 5 Chocolate ice cream place 5/27/2021 7:22 AM
6 and with friends 5/26/2021 7:12 PM
At home
A friend's
house
Parks
Other (please
tell us where)
Sports Programs
Afterschool
program (Boy...

Library
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
At home
A friend's house
Parks
Other (please tell us where)
Sports Programs
Afterschool program (Boys and Girls other community organization) Library
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
4 / 18
7 Out and about with my friends. 5/26/2021 4:50 PM
8 library if it was open 5/26/2021 2:48 PM
9 Ice Cream store across from Elementary school and the city parks. 5/26/2021 2:39 PM 10 hang out at chocolatte with friends and family 5/26/2021 2:21 PM 11 Choclate 5/26/2021 11:44 AM
12 My grandparents house. 5/26/2021 11:42 AM
13 Sitting on a bench waiting for my parents to pick us up. 5/26/2021 11:21 AM 14 at chocolate or the coffe shop and after school ends the elementary school park 5/26/2021 10:45 AM 15 Napa valley roasting comapny 5/26/2021 10:29 AM
16 Sometimes at the Coffee Shop. 5/26/2021 10:29 AM
17 sitting or walking around town. 5/26/2021 10:22 AM
18 Caffe Dalla Valla (Dolche), Carnegie building, Coffee shop, Chocolatte, or where there's a bench
5/26/2021 10:18 AM
19 Just hanging out around the Carnige building, usually just after school. 5/26/2021 10:11 AM 20 with my friend at chocolatte 5/26/2021 10:04 AM
21 Grandparents houses. 5/26/2021 9:26 AM
22 walking around with my friends 5/26/2021 9:24 AM
23 Coffee shops/Ice cream shops 5/26/2021 9:18 AM
24 sometimes me and my friends will go out and walk to rivers and i love going to this one store in st helena.
5/26/2021 8:54 AM
25 Usally Cafe's with friends 5/26/2021 8:52 AM
26 around town 5/26/2021 8:39 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
5 / 18
Q3 Where do you get your information on activities and events happening in St. Helena? Please select as many as you want.

Answered: 83 Skipped: 2
From school
Parents or
other adults...

Friends
Email
Instagram
Snapchat
TikTok
Poster at a
store
Other (please
specify)
St. Helena Star
Facebook
Twitter
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
6 / 18

69.88% 58

69.88% 58

68.67% 57

38.55% 32

15.66% 13

14.46% 12

13.25% 11

12.05% 10

6.02% 5

4.82% 4

2.41% 2

1.20% 1
Total Respondents: 83
# OTHER (PLEASE SPECIFY) DATE
1 There's nothing to do here 8/12/2021 8:31 PM
2 Sometimes ads on my phone 5/26/2021 6:29 PM
3 email for Ms. Flynn 5/26/2021 2:48 PM
4 Recreation department 5/26/2021 11:42 AM
5 the place in st helena that puts together all the sports 5/26/2021 9:24 AM

ANSWER CHOICES RESPONSES
From school
Parents or other adults in my life
Friends
Email
Instagram
Snapchat
TikTok
Poster at a store
Other (please specify)
St. Helena Star
Facebook
Twitter
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
7 / 18
100.00% 66

71.21% 47

60.61% 40
Q4 What do you wish adults would understand about youth today in St.

Helena? Type in your answers.

Answered: 66 Skipped: 19
# 1. DATE
1 Its boring 8/12/2021 8:31 PM
2 I dont know 6/3/2021 11:45 AM
3 Grades 6/3/2021 11:45 AM
4 That we are tying to discover who we are in such a small town. 6/1/2021 5:22 PM 5 That children need support instead of just pushing their issues away 6/1/2021 11:01 AM 6 We need to get out more 5/28/2021 2:18 PM
7 that we play a lot of video games 5/28/2021 10:27 AM
8 That youth is good 5/28/2021 10:24 AM
9 going out with friends alone with no parents 5/27/2021 10:48 PM 10 I am not sure how to answer this. All the adults in my life are pretty understanding. 5/27/2021 9:11 PM 11 Homophobia/ Accepting being a homosexual. 5/27/2021 9:10 PM 12 we want to go places 5/27/2021 8:01 PM
13 Some kids have mental health issues that they need help with 5/27/2021 6:51 PM 14 that we want to go places WITHOUT THEM!!!!!! 5/27/2021 10:01 AM 15 We want to be with the crowd 5/27/2021 8:49 AM
16 If we are disrespected we are going to stand up for ourselves no matter if we are minors 5/27/2021 8:30 AM 17 Body shaming 5/27/2021 7:22 AM
18 That kids need free time and not just schoolwork time. 5/26/2021 9:56 PM 19 That it is much more harder 5/26/2021 9:27 PM
20 That some times we cant explain whats happening 5/26/2021 7:12 PM 21 That we should have our own privacy 5/26/2021 6:29 PM 22 we have nothing to do 5/26/2021 6:25 PM
23 what kids 5/26/2021 6:15 PM
24 That kids have energy in them and they need to spend it. 5/26/2021 4:50 PM 25 School is hard 5/26/2021 4:40 PM
26 That we are on our electronics all the time because there is nothing else to do. 5/26/2021 4:16 PM 27 we also have struggles and challenges in our lives outside of school 5/26/2021 3:31 PM

ANSWER CHOICES RESPONSES

1. 2.

3. Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
8 / 18
28 I dont know 5/26/2021 3:10 PM
29 how hard school can be 5/26/2021 2:48 PM
30 that we all aren't perfert 5/26/2021 2:21 PM
31 I wish adults would understand that kids should be able to wear what they want to wear. 5/26/2021 2:13 PM 32 That we want our voice to be herd as much as possible 5/26/2021 2:07 PM 33 English is hard. 5/26/2021 1:50 PM
34 everything 5/26/2021 12:51 PM
35 Nothing. 5/26/2021 12:29 PM
36 Parents should understand that social media can be good 5/26/2021 12:13 PM 37 Focus more on mental health 5/26/2021 12:10 PM
38 We are just as stressed as you. 5/26/2021 11:45 AM
39 That not everything will be done in a instant 5/26/2021 11:44 AM 40 That we should be able to go to parties or special events without permission 5/26/2021 11:42 AM 41 School isnt that easy 5/26/2021 11:26 AM
42 that school is hard 5/26/2021 11:24 AM
43 No, I don't want you to pay for the food that I ordered because you think that I can't pay for myself. I wouldn't have ordered the food if I didn't have money. 5/26/2021 11:21 AM
44 That we are trying our hardest even when it seems like we aren't. 5/26/2021 11:06 AM 45 Don't try to fit in with us, stay in your own generation 5/26/2021 11:04 AM 46 kids are on their phone pls we dont want to fight about how much we are on it 5/26/2021 10:45 AM 47 nothing really sorry I cant think of anything. 5/26/2021 10:37 AM 48 we arent in the same year when you were kids things are diffrent. 5/26/2021 10:34 AM 49 We are changing and its ok 5/26/2021 10:29 AM
50 idk 5/26/2021 10:23 AM
51 That out opinions, feelings, and ideas are valid. 5/26/2021 10:22 AM 52 Technology use isn't the reason for mental health problems 5/26/2021 10:18 AM 53 There isn't a lot to do around town. 5/26/2021 10:14 AM 54 That we may need a little space once and a while. 5/26/2021 10:11 AM 55 stress 5/26/2021 10:04 AM
56 Stress(online ) 5/26/2021 10:00 AM
57 Sometimes we need time to hang out with our friends. 5/26/2021 9:26 AM 58 that the side walks intown are not the best 5/26/2021 9:24 AM 59 That they need to give me more liberty. 5/26/2021 9:16 AM 60 have patience 5/26/2021 9:14 AM
61 love is love 5/26/2021 9:14 AM
62 I wish parents/adults would understand that not everything that they hear from other parents/adults gossiping, isn't always true.
5/26/2021 8:54 AM
63 That we're not perfect 5/26/2021 8:52 AM
64 How we feel 5/26/2021 8:47 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
9 / 18
65 our mental heath 5/26/2021 8:39 AM
66 i wish more adults would understand that school isn’t everything 5/26/2021 8:38 AM # 2. DATE
1 We aren't Perfect 8/12/2021 8:31 PM
2 School 6/3/2021 11:45 AM
3 Not all kids want to follow society's older more traditional norms. 6/1/2021 5:22 PM 4 Schools need to find more engaging activities for students 6/1/2021 11:01 AM 5 Understand what were going through 5/28/2021 2:18 PM
6 that we stay up late 5/28/2021 10:27 AM
7 Youth is the Future 5/28/2021 10:24 AM
8 racism. 5/27/2021 9:10 PM
9 more friend hangouts. 5/27/2021 8:01 PM
10 Some kids are apart of the LGBTQ+ community and they should be able to feel safe 5/27/2021 6:51 PM 11 and that the boys and girls club should lets kids go freely if there is permission instead of holding them in the building when the hate it. like me. 5/27/2021 10:01 AM
12 we want to do fun things that other people do 5/27/2021 8:49 AM 13 We are on our phones a lot because adults don’t give us enough attention 5/27/2021 8:30 AM 14 Racism (we all have equal rights!) 5/27/2021 7:22 AM 15 That it has different rules 5/26/2021 9:27 PM
16 Depreshon is real 5/26/2021 7:12 PM
17 we’re growing up faster, let us 5/26/2021 6:25 PM
18 It's hard to make friends 5/26/2021 4:40 PM
19 A lot of kids are sad, but don't show it. 5/26/2021 4:16 PM 20 that it is really ok to make mistakes in life 5/26/2021 2:21 PM 21 I wish adults would understand that phones help kids stay connected. 5/26/2021 2:13 PM 22 We don't want you to assume stuff without knowing the full story. 5/26/2021 2:07 PM 23 We can't always have perfect scores. 5/26/2021 1:50 PM 24 We need more entertainment in st Helena 5/26/2021 12:13 PM 25 How to express yourself 5/26/2021 12:10 PM
26 Our feelings and sexualitys should be vaild and its not "just a phase". 5/26/2021 11:45 AM 27 Kids should be able to do what they want especially if it is fun 5/26/2021 11:42 AM 28 Mental health is an issue 5/26/2021 11:26 AM
29 school is tiring 5/26/2021 11:24 AM
30 No, I don't want to talk to you about something, I was talking to my friends or minding my own business and you decided to talk to me.
5/26/2021 11:21 AM
31 We aren't perfect so stop making your expectations of us so high because it hurts us when we know we don't fit into them.
5/26/2021 11:06 AM
32 we should be able to wear crop tops or shorts its not up to them its our body 5/26/2021 10:45 AM 33 dont make us play/apply to things we dont wanna do. 5/26/2021 10:34 AM 34 to leave us alone sometimes 5/26/2021 10:29 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
10 / 18
35 Trusting us around town and with friends. 5/26/2021 10:22 AM 36 All social media isn't bad 5/26/2021 10:18 AM
37 Kids are all around town, so be aware of them. 5/26/2021 10:14 AM 38 That it is inmportant that we get our homework done on time, and pressure to do sports or something is a lot.
5/26/2021 10:11 AM
39 Tired because of P.E 5/26/2021 10:00 AM
40 Have some alone time. 5/26/2021 9:26 AM
41 Have more fun activities. 5/26/2021 9:16 AM
42 understand struggles 5/26/2021 9:14 AM
43 mental health matters more than grades 5/26/2021 9:14 AM 44 We need freedom 5/26/2021 8:52 AM
45 That sometimes we want to be free and how our time and let us spend some time with our friends
5/26/2021 8:47 AM
46 how we talk 5/26/2021 8:39 AM
47 i wish almost adults would understand that some people of today’s youth are having a hard time too
5/26/2021 8:38 AM
# 3. DATE
1 Be patient 8/12/2021 8:31 PM
2 Friends 6/3/2021 11:45 AM
3 Do not teach your kids to ignore their problems 6/1/2021 11:01 AM 4 School is stressing 5/28/2021 2:18 PM
5 english is hared 5/28/2021 10:27 AM
6 And overall the Youth is good. 5/28/2021 10:24 AM
7 Let boys hang out with girls and girls hang out with boys. 5/27/2021 9:10 PM 8 Comparing kids to others won't help deal with problems 5/27/2021 6:51 PM 9 we like to be outside but we stay inside just because its more conferrable. 5/27/2021 8:49 AM 10 Everyone looks at us like we can’t do anything because we are lazy and that’s not true. Ask us what’s wrong before assuming
5/27/2021 8:30 AM
11 Global awareness (we must help the environment!) 5/27/2021 7:22 AM 12 That we have less homework 5/26/2021 9:27 PM
13 you are never too young to know to what you identify as 5/26/2021 7:12 PM 14 we need money 5/26/2021 6:25 PM
15 we need safe place were we can hang out 5/26/2021 2:21 PM 16 I wish adults would understand that kids should have more freedom 5/26/2021 2:13 PM 17 Sometimes we need to be trusted and we love to be heard. 5/26/2021 2:07 PM 18 There aren't many fun things to do or fun events in St. Helena. 5/26/2021 1:50 PM 19 Privacy 5/26/2021 12:10 PM
20 Not everything should be blamed on our phones or social media, sometimes they help us. 5/26/2021 11:45 AM 21 Adults should be more easy with kids when they are having to share something. 5/26/2021 11:42 AM 22 How grading really works 5/26/2021 11:26 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
11 / 18
23 and that we can get more anxious 5/26/2021 11:24 AM
24 Mental Health is more important than grades. 5/26/2021 11:06 AM 25 stop telling kids what they arent 5/26/2021 10:45 AM 26 we have hard days too 5/26/2021 10:34 AM
27 let us make our own decisions so we can learn 5/26/2021 10:29 AM 28 School is very stressful and we may not always be in a good mood. 5/26/2021 10:22 AM 29 We don't want to be judged or pressured to do certain things 5/26/2021 10:18 AM 30 The kids in town do bad stuff, like all kids, but the word gets around quickly. 5/26/2021 10:14 AM 31 We want to be able to access all we can to expand our minds, and we should be able to access the internet/web with no trouble.
5/26/2021 10:11 AM
32 Homework 5/26/2021 10:00 AM
33 Let us walk around, we are old enough. (age 12) 5/26/2021 9:26 AM 34 Mind there own business. 5/26/2021 9:16 AM
35 understand our mistakes 5/26/2021 9:14 AM
36 grades arent everything 5/26/2021 9:14 AM
37 and we need you guys to trust us 5/26/2021 8:52 AM
38 That homework is hard and that sometimes we don't know everything. 5/26/2021 8:47 AM 39 how we dress 5/26/2021 8:39 AM
40 i wish adults would understand that some people have a hard time talking or getting along with people they aren’t close to
5/26/2021 8:38 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
12 / 18

30.59% 26

29.41% 25

22.35% 19

17.65% 15
Q5 Do you think that discrimination (race, gender identity etc…) is an issue in St. Helena for youth?
Answered: 85 Skipped: 0
TOTAL 85
No
A litttle
Yes
I don't know
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
No
A litttle
Yes
I don't know
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
13 / 18

46.34% 38

46.34% 38

45.12% 37

30.49% 25

25.61% 21
Q6 What type of discrimination have you seen or experienced? Answered: 82 Skipped: 3
Total Respondents: 82
# OTHER (PLEASE SPECIFY) DATE
1 There really isn't any I can think of 8/12/2021 8:31 PM 2 Discrimination about sexuality 6/1/2021 5:22 PM
3 Sexuality 5/27/2021 9:11 PM
4 none 5/27/2021 8:01 PM
5 Very little discrimination for being LGBTQ+ 5/27/2021 6:51 PM 6 none 5/27/2021 10:01 AM
7 sexual identification 5/27/2021 9:02 AM
8 I don't know if this is discrimination, but body shaming. 5/27/2021 7:22 AM 9 None really, maybe a little, but too little to actually put it in form. 5/26/2021 9:56 PM 10 I don't have one 5/26/2021 9:27 PM
11 NO experience 5/26/2021 4:40 PM
12 People using "Gay" as an insult like it's bad. 5/26/2021 3:10 PM Gender
How much money
my family ha...

Racial
Other (please
specify)
Discrimination
based on the...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Gender
How much money my family has or doesn’t have
Racial
Other (please specify)
Discrimination based on the language someone speaks
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
14 / 18
13 none at least that i have heard of 5/26/2021 2:48 PM 14 none 5/26/2021 2:02 PM
15 Don't remember? 5/26/2021 1:50 PM
16 Being part of Lgbtq+ is not fond here 5/26/2021 12:51 PM 17 If someone dresses in a way where people think they dont fit in. 5/26/2021 12:29 PM 18 None 5/26/2021 11:47 AM
19 sexuality 5/26/2021 11:45 AM
20 I dont know 5/26/2021 11:44 AM
21 Gender, specifically because I am non binary. 5/26/2021 10:22 AM 22 Sexuality 5/26/2021 10:14 AM
23 i dont really know waht discrimantion means 5/26/2021 9:24 AM 24 kids brag about how much money they have 5/26/2021 9:16 AM 25 im not sure 5/26/2021 8:54 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
15 / 18

42.11% 32

40.79% 31

17.11% 13
Q7 What is your age?
Answered: 76 Skipped: 9
TOTAL 76
12 13
11 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
12 13
11 Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
16 / 18

66.67% 54

28.40% 23

2.47% 2

2.47% 2

0.00% 0

0.00% 0
Q8 What is your gender?
Answered: 81 Skipped: 4
TOTAL 81
Female
Male
Gender
Variant/Non-...

Prefer not to
answer
Transgender
Female
Transgender
Male
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Female
Male
Gender Variant/Non-Conforming/Non-Binary
Prefer not to answer
Transgender Female
Transgender Male
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
17 / 18

46.84% 37

32.91% 26

18.99% 15

16.46% 13

7.59% 6

1.27% 1

0.00% 0
Q9 Which of the following best describes your race/ethnicity (check all that apply).

Answered: 79 Skipped: 6
Total Respondents: 79
# OTHER (PLEASE SPECIFY) DATE
1 Unicorn 8/12/2021 8:32 PM
2 mix of European and native american. 5/27/2021 10:01 AM 3 White, German 5/27/2021 9:45 AM
4 Australian 5/27/2021 9:04 AM
5 Half Indian. 5/26/2021 9:57 PM
6 im Hispanic/American 5/26/2021 7:13 PM
Hispanic
White or
Caucasian
Other (please
specify)
White/Caucasian
Asian
Black/African
American
Hawaiian or
Other Pacifi...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Hispanic
White or Caucasian
Other (please specify)
White/Caucasian
Asian
Black/African American
Hawaiian or Other Pacific Islander
Agenda Item #8.1.

City of St. Helena Youth Survey-Middle School
18 / 18
7 Cuban 5/26/2021 3:12 PM
8 Latino but born in the u.s. 5/26/2021 2:49 PM
9 Colombian 5/26/2021 11:43 AM
10 white 5/26/2021 10:30 AM
11 I know I am German and my grandmother is Hispanic. 5/26/2021 9:27 AM 12 i was born in america so i am an american, but yes my anstors are from eroupe 5/26/2021 9:26 AM 13 Mexican/ American 5/26/2021 9:17 AM
14 White/European 5/26/2021 8:57 AM
15 White/ Italian 5/26/2021 8:40 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
1 / 22
Q1 What do you think are the top issues facing teens (13-18) in St.

Helena? (Select all that apply)
Answered: 58 Skipped: 1
Peer
pressure/bul...

Feeling
lonely/or be...

Pressure to
achieve and ...

Getting along
with parents...

More Sports
and...

Mental Health
Awareness
LGBTQ+ Issues
Alcohol and
Substance Ab...

Not having a
voice in the...

Other (please
specify)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
2 / 22

18.97% 11

60.34% 35

62.07% 36

44.83% 26

13.79% 8

62.07% 36

27.59% 16

51.72% 30

36.21% 21

10.34% 6
Total Respondents: 58
# OTHER (PLEASE SPECIFY) DATE
1 Not even things to do. 6/1/2021 9:07 AM
2 Making all teens feel welcome and supported no matter their race, financial status, intellectual abilities.
5/26/2021 11:42 AM
3 Economic and educational gaps between overarching communities 5/25/2021 10:47 PM 4 Getting a lot of homework from teachers is really hard 5/25/2021 10:02 PM 5 Mental health awareness FOLLOW THROUGH. More than recognizing the problem, following through with programs and safe spaces to talk about what it’s like 5/25/2021 9:47 PM
6 Entitled teachers and officers who do not respect students 5/25/2021 9:38 PM

ANSWER CHOICES RESPONSES
Peer pressure/bullying
Feeling lonely/or being alone/fitting in socially
Pressure to achieve and get good grades
Getting along with parents or family members
More Sports and recreational activities
Mental Health Awareness
LGBTQ+ Issues
Alcohol and Substance Abuse Issues
Not having a voice in the community
Other (please specify)
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
3 / 22

82.76% 48

56.90% 33

6.90% 4

25.86% 15

13.79% 8

31.03% 18

29.31% 17

24.14% 14

13.79% 8
Q2 Where do you spend your free time in St. Helena? (select all that apply)
Answered: 58 Skipped: 1
Total Respondents: 58
# OTHER (PLEASE TELL US WHERE) DATE
At home
A friend's
house
Organized
afterschool...

Sports
facilities
Library
Parks
At School
I don't spend
my free time...

Other (please
tell us where)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
At home
A friend's house
Organized afterschool program (community organization, religious group) Sports facilities
Library
Parks
At School
I don't spend my free time in St. Helena
Other (please tell us where)
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
4 / 22
1 I usually prefer to go to other places to do things with my friends, finding that Saint Helena is very tourist, and winery oritented with very little thought or fun things for people in the actual community to do (especially families) Cheers for example was something as a little kid I enjoyed with my father roaming around and eating and listening to the live music. 6/6/2021 9:13 PM
2 The gym (Health Spa) 5/26/2021 10:35 PM
3 My work-Gott's Roadside 5/26/2021 5:30 PM
4 Doing something with friends. 5/26/2021 12:06 PM
5 St. Helena is a very unwelcoming and judgmental town. 5/26/2021 11:42 AM 6 I try to play at the beach volleyball court at Crane Park 5/25/2021 10:37 PM 7 In the woods or outdoors 5/25/2021 10:17 PM
8 I live in Calistoga, but go to school in St. Helena so not too much of my time is spent in St.

Helena
5/25/2021 10:11 PM
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
5 / 22

37.93% 22

18.97% 11

20.69% 12

37.93% 22

27.59% 16

0.00% 0

27.59% 16
Q3 What prevents you from participating in activities/events in St. Helena (select all that apply)
Answered: 58 Skipped: 1
Total Respondents: 58
# PLEASE INDICATE YOUR OTHER INTERESTS OR PREFERRED LANGUAGE DATE 1 What events? The most exciting thing around here is watching the elderly couples play at the tennis courts at crane park. We should have more events such as the pet parade that happen multiple times a year to engage more people of all ages. 6/6/2021 9:13 PM
2 I would like to see more music performances like the bottle rock. They should bring artist like Bts.
5/28/2021 9:26 AM
3 / 5/27/2021 9:00 AM
4 There are summer practices that I can not make so I would not be able to play during games 5/26/2021 1:10 PM 5 N/A 5/26/2021 12:06 PM
I don't have
enough time
Cost is too
much
I don't have
transportation
There are no
activities f...

Nothing
prevents me
The programs
are not...

Please
indicate you...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
I don't have enough time
Cost is too much
I don't have transportation
There are no activities for my interests (indicate your other interests in comments) Nothing prevents me
The programs are not provided in the language that I speak (indicate language you would prefer in comments) Please indicate your other interests or preferred language Agenda Item #8.1.

City of St. Helena Youth Survey-High School
6 / 22
6 Activities are only offered to students/people with the financial ability to participate 5/26/2021 11:42 AM 7 Somethings that prevent me from participating in activities/events is that not a lot of people are welcoming nor nice which makes me feel left out.
5/26/2021 9:53 AM
8 Most events in st helena are geared towards middle aged people 5/25/2021 11:13 PM 9 Anything outside parties centered around alcohol 5/25/2021 10:47 PM 10 The beach volleyball court is in horrible condition 5/25/2021 10:37 PM 11 This is an adult tourist trap. 5/25/2021 10:10 PM
12 From what I know, most students simply dislike the thought of participating in activities where the majority of people are older.
5/25/2021 9:47 PM
13 Hardly any flea markets, neighborhood yard sales, or thrift stores or otherwise reduced-price shopping opportunities.
5/25/2021 9:46 PM
14 Movie nights, teen stuff, sporting games 5/25/2021 9:39 PM 15 festivals, carnivals, large sport engagements 5/25/2021 9:39 PM 16 there isn’t a lot of options to choose for a picnic, barely any options to eat. 5/25/2021 9:37 PM Agenda Item #8.1.

City of St. Helena Youth Survey-High School
7 / 22
Q4 Where do you get your information on activities and events happening in St. Helena? Please select as many as you want.

Answered: 58 Skipped: 1
From school
Friends
Parents or
other adults...

Email
Facebook
Twitter
TikTok
Instagram
Snapchat
Poster at a
store
St. Helena Star
Other (please
specify)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
8 / 22

77.59% 45

62.07% 36

53.45% 31

36.21% 21

3.45% 2

0.00% 0

1.72% 1

25.86% 15

8.62% 5

20.69% 12

12.07% 7

6.90% 4
Total Respondents: 58
# OTHER (PLEASE SPECIFY) DATE
1 . 5/27/2021 9:00 AM
2 It is always hard to find out when a sport is starting and when tryouts are 5/26/2021 1:10 PM 3 I dont 5/25/2021 10:10 PM
4 None 5/25/2021 9:37 PM

ANSWER CHOICES RESPONSES
From school
Friends
Parents or other adults in my life
Email
Facebook
Twitter
TikTok
Instagram
Snapchat
Poster at a store
St. Helena Star
Other (please specify)
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
9 / 22
100.00% 51

96.08% 49

78.43% 40
Q5 What do you wish adults would understand about youth today in St.

Helena? Type in your answers.

Answered: 51 Skipped: 8
# 1. DATE
1 That a lot of parents children aren't innocent sweethearts. We have a drug epidemic happening, three kids at SHHS have overdosed, one resulting in a death, what will it take for parents to wake up and realize that we have a major problem. I am a junior at SHHS and kids didn't used to vape in middleschool, now anti vaping posters are all over that school. I think the city should host a town meeting inviting parents, and especially kids 12 and up to talk about these issues.
6/6/2021 9:13 PM
2 There is not a lot of fun things to do in st helena. 6/1/2021 9:07 AM 3 that teenagers struggle in life and its normal. 5/28/2021 11:00 AM 4 We would like better parks 5/28/2021 9:26 AM
5 We are not robots that can complete massive amounts of homework 5/27/2021 6:20 PM 6 I'm anxious 5/27/2021 9:40 AM
7 we struggle with anxiety. 5/27/2021 9:12 AM
8 They need to understand our mental health and cut us some slack 5/27/2021 9:00 AM 9 We don't have anything to do in town after school and evenings and weekends. 5/26/2021 10:35 PM 10 Mental health struggles. 5/26/2021 5:30 PM
11 It is hard to achieve certain goals 5/26/2021 3:54 PM 12 Teens dont always mean something to be bad even if it sounds so. 5/26/2021 1:43 PM 13 Everyone is always on their phones and its hard to be social 5/26/2021 1:10 PM 14 I wish that adults would understand that high school is difficult, especially in these times of the pandemic.
5/26/2021 12:06 PM
15 we struggle with anxiety. 5/26/2021 11:52 AM
16 We value the arts programs 5/26/2021 11:43 AM
17 We have more responsibilities than just school, especially now with a pandemic. 5/26/2021 11:42 AM 18 Mental health issues exist 5/26/2021 11:19 AM
19 social media 5/26/2021 10:01 AM
20 When kids go out with their friends they are not out doing drugs, or having sex kids just want to have fun.
5/26/2021 9:53 AM
21 I wish they would just understand how difficult school is right now. 5/26/2021 9:40 AM 22 Not everything is what it seems people are always doing things behind others 5/26/2021 9:38 AM 23 We are not perfect 5/26/2021 9:25 AM

ANSWER CHOICES RESPONSES

1. 2.

3. Agenda Item #8.1.

City of St. Helena Youth Survey-High School
10 / 22
24 We're not all just kids anymore 5/26/2021 9:07 AM
25 Nobody likes being forced to compete to get into a good college. 5/26/2021 8:59 AM 26 that we are in a different time than them 5/26/2021 8:41 AM 27 That pushing us to get super good grades and telling us if we dont that we will fail just makes us feel worse.
5/26/2021 8:41 AM
28 We are not always “up to something” 5/26/2021 8:12 AM 29 Stress is a thing, we need breaks 5/26/2021 7:05 AM
30 We want to be more involved in things (planning, politics, etc.) 5/26/2021 7:05 AM 31 Our education system is so different now versus when my parents went to school yet they still have unrealistic expectations for my schooling
5/26/2021 6:00 AM
32 Life isn't the same as it was 30 years ago 5/25/2021 11:13 PM 33 The culturally conservative side of St Helena, seeking to preserve the largely deceased rural aspect of St. Helena, has historically prevented and will continue to prevent any meaningful large scale connection between adults and youth.
5/25/2021 10:47 PM
34 That all kids are perfect and smart 5/25/2021 10:40 PM 35 We are more exposed to the world than you think 5/25/2021 10:37 PM 36 There is too much pressure to succeed and it causes people to burn out 5/25/2021 10:17 PM 37 This is more general for all teens, but we have more going on in our lives (academics, sports, extracurriculars, preparing for college, social life, mental health, figuring out our sexuality, so many things) than we have the time to do. I’m not trying to be whiny or make it a competition between generations, just that there is more going on in our heads than TikTok and vaping. 5/25/2021 10:11 PM
38 Therapy is not something to be ashamed about 5/25/2021 10:10 PM 39 We aren’t perfect 5/25/2021 10:02 PM
40 That their is alot of homework 5/25/2021 10:02 PM
41 We have a really hard time making friends and trusted them. 5/25/2021 9:53 PM 42 Just because we don’t follow the rules you want us to, doesn’t make us “delinquents” or “troublemakers”
5/25/2021 9:47 PM
43 They want cheaper items (like clothes, food, books, etc). 5/25/2021 9:46 PM 44 I think I wish adults would understand that we are only humans and we make mistakes.

Sometimes we are facing bullying, per pressure from all sorts of things not just drugs. There is such a high standard in how you have to be in order to be successful or looked at. I just think adults need to be kind and acknowledge that school is not the only thing occurring in our daily lives. We have families and a bunch of things going on in our minds. 5/25/2021 9:45 PM
45 Life is hard 5/25/2021 9:40 PM
46 We want to be social 5/25/2021 9:39 PM
47 We aren’t all bratty teens 5/25/2021 9:39 PM
48 We face way more pressure than they did to achieve and we have way more competition. 5/25/2021 9:38 PM 49 That school can be stressful 5/25/2021 9:37 PM
50 focus on teens instead of all focus to tourists and economy 5/25/2021 9:37 PM 51 That we work just as hard as our parents 5/25/2021 9:37 PM # 2. DATE
1 I wish parents would be better parents. Take sacrifices to raise their children instead of going to their countryclubs and party because I first hand have experienced my mom and many of 6/6/2021 9:13 PM
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
11 / 22
her friends (who were parents to my friends) priortize wine parties and meadowood instead of their children, which worsens and prolongs the problems we have with youth in this town. 2 Sports are the only fun thing to do sometimes. 6/1/2021 9:07 AM 3 that teenagers evolve and do not stay the exact same person throughout their life. 5/28/2021 11:00 AM 4 More interactive things to do in town. 5/28/2021 9:26 AM 5 The substance abuse by adults in town influences future generations substance abuse 5/27/2021 6:20 PM 6 I lost social skill 5/27/2021 9:40 AM
7 no time to do homework. 5/27/2021 9:12 AM
8 Not everything should involve school and how your doing in school 5/27/2021 9:00 AM 9 We don't need to go to Ivy League schools to be successful and community college is a very reasonable option.
5/26/2021 10:35 PM
10 How it is easy said than done to just "put down the phone" or "ignore what others think". 5/26/2021 5:30 PM 11 Sometimes we like to be alone 5/26/2021 3:54 PM
12 Teens are socially pressured to do stupid things by there peers 5/26/2021 1:43 PM 13 Students are always high 5/26/2021 1:10 PM
14 I wish that adults would understand the everyone is different. 5/26/2021 12:06 PM 15 no time to do homework. 5/26/2021 11:52 AM
16 Grades and extracurricular activities do not define us has a person or what we will achieve as people.
5/26/2021 11:42 AM
17 People have diffrent of escaping problems 5/26/2021 11:19 AM 18 going out 5/26/2021 10:01 AM
19 School is difficult even though it doesn't seem like it 5/26/2021 9:53 AM 20 We do stress over many things including school, ourselves and other people 5/26/2021 9:38 AM 21 Mistakes aren’t bad 5/26/2021 9:25 AM
22 We have a say and have a voice whether they like it or not 5/26/2021 9:07 AM 23 Pushing kids to overachieve is a bigger issue than you think. 5/26/2021 8:59 AM 24 phones are't bad 5/26/2021 8:41 AM
25 Taking our phones away doesn't solve problems 5/26/2021 8:41 AM 26 We care about our community as much if not more than you do 5/26/2021 8:12 AM 27 Videogames are not bad, we just want fun 5/26/2021 7:05 AM 28 Most of us can’t drive and have parents that work, so we can’t get to events. 5/26/2021 7:05 AM 29 We're smarter then you think. We might be teens but we've been through a lot 5/26/2021 6:00 AM 30 Its really boring in st helena for anyone under 21 5/25/2021 11:13 PM 31 A significant minority of youth being targeted with this survey do not live in St. Helena, so rather than passive attraction of the past, eg. The harvest festival and the skate park, which would function perfectly within any normal town, similar to the attraction of tourists, an active methodology must be employed.
5/25/2021 10:47 PM
32 Lots of kids are smoking 5/25/2021 10:40 PM
33 Therefore, we want more exciting things to do 5/25/2021 10:37 PM 34 When we have school breaks we need real breaks, no school or sports 5/25/2021 10:17 PM 35 Not everybody wants to go to a really prestigious or highly competitive college, and that’s ok. 5/25/2021 10:11 PM Agenda Item #8.1.

City of St. Helena Youth Survey-High School
12 / 22
36 Mental health is more important than memorizing information 5/25/2021 10:10 PM 37 Things change, we change 5/25/2021 10:02 PM
38 We have to manage our time 5/25/2021 10:02 PM
39 We do not want to fit in your image. 5/25/2021 9:53 PM 40 We live in a town where everything is perfectly manicured and is made for tourists, we have very few spots where we can exist naturally, without having to fit the “picture perfect town” mold.
5/25/2021 9:47 PM
41 They want more breaks during school to ease their minds from work and talk to friends (they can’t do it as much in class).
5/25/2021 9:46 PM
42 Another thing that I wish they can be more understandable because sometimes we have personal issues and don't get a second chance.
5/25/2021 9:45 PM
43 There is more pressure from peers than ever 5/25/2021 9:40 PM 44 Life is hard with Covid 5/25/2021 9:39 PM
45 We are in a bubble town and we should be able to go out on our own 5/25/2021 9:39 PM 46 Many of us have demanding home lives or jobs. Teachers shouldn’t threaten kids with bad grades because they don’t always have time for all the redundant homework. 5/25/2021 9:38 PM
47 I wish there were teachers that actually try to get to know us 5/25/2021 9:37 PM 48 add more community events like cheers saint helena 5/25/2021 9:37 PM 49 That we are aloud to ask for help 5/25/2021 9:37 PM
# 3. DATE
1 Kids are bored, thats why they often turn to drugs, involve your children in more sports and get them working.
6/6/2021 9:13 PM
2 I like my phone 5/27/2021 9:40 AM
3 space. 5/27/2021 9:12 AM
4 Issues like body insecurity, relationship problems, struggles with parents, depression and other normal teenage struggles are very present in community. 5/26/2021 10:35 PM
5 The importance to learn about other cultures (considering the fact that this town is a bubble with very little diversity or little effort put into creating opportunities for us the educate ourselves about cultures/racial injustice.
5/26/2021 5:30 PM
6 We have ideas to share and things to say 5/26/2021 3:54 PM 7 Teens are growing and as with old age comes great wisdom, with young age comes can much foolishness
5/26/2021 1:43 PM
8 I wish that adults would understand that teens already have some stress in their lives and don't need any more of it.
5/26/2021 12:06 PM
9 space. 5/26/2021 11:52 AM
10 Relationships are diffrent 5/26/2021 11:19 AM
11 activities 5/26/2021 10:01 AM
12 I wish adults would check up on their kids more, and I mean really check up on them. I know some kids who are cutting themselves and their parents have no idea, they think that they are happy just because they say/show it. I know some kids who have suicidal thoughts for many reasons for example, school and grades.
5/26/2021 9:53 AM
13 Don’t create a strict environment 5/26/2021 9:38 AM
14 We shouldn’t be treated like we are all the same but instead as individuals who get to separately earn trust and privileges.
5/26/2021 9:25 AM
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
13 / 22
15 Not all of us make bad decisions because we're just teenagers 5/26/2021 9:07 AM 16 Emphasizing good grades and doing extracurriculars just to get into college sucks the fun out of life.
5/26/2021 8:59 AM
17 you don't need all a's 5/26/2021 8:41 AM
18 Not accepting us for who we want to be hurts 5/26/2021 8:41 AM 19 We are not becoming lazy, we are adapting to society 5/26/2021 8:12 AM 20 Dunno 5/26/2021 7:05 AM
21 We all are different/ please don’t stereotype us. 5/26/2021 7:05 AM 22 Mental health is VERY important to us and we wish our parents would respect that 5/26/2021 6:00 AM 23 Most of us aren't too young to have opinions 5/25/2021 11:13 PM 24 Lots of kids are still on streets when its like 12 or 1 am 5/25/2021 10:40 PM 25 Please be more excepting of the ways we choose to express ourselves. 5/25/2021 10:37 PM 26 We're all just trying our best. 5/25/2021 10:17 PM
27 It’s just a little boring here. It’s really beautiful and we’re really lucky to live where we do, but in terms of fun, teen-friendly activities to do there’s not much. I don’t know what the solution is since we’re such a small town but it is understandable why few people who grow up here return.
5/25/2021 10:11 PM
28 Pronouns are extremely important. Don’t assume. 5/25/2021 10:10 PM 29 We are trying our hardest 5/25/2021 10:02 PM
30 We worry alot about finals, which is sooo stressing 5/25/2021 10:02 PM 31 We are worried about talking to you about issues we have with you. 5/25/2021 9:53 PM 32 Unrealistic scholarly expectations, just because of the quality of our schools, puts immense pressure and stress on us that ultimately drives us further away from what you would like us to achieve. Just because our town is perfect, does not mean we have to be. 5/25/2021 9:47 PM
33 They want to have a say in appropriate town decisions that involve voting, especially for those that regard school-related matters.
5/25/2021 9:46 PM
34 Lastly I would say that we are still kids and are learning to fail to succeed in the future and just need emotional support.
5/25/2021 9:45 PM
35 We want to be teenagers ans have fun 5/25/2021 9:39 PM 36 We want more to do in this tiny town 5/25/2021 9:39 PM 37 Teachers need to stop accusing students of not trying when they have no idea what’s going on in their personal lives or even other classes.
5/25/2021 9:38 PM
38 Understand that homework is a lot for us so if we have missing assignments please help us to be motivated or else we will keep doing the same routine. 5/25/2021 9:37 PM
39 more festivals 5/25/2021 9:37 PM
40 That we need to fail in order to learn and succeed 5/25/2021 9:37 PM Agenda Item #8.1.

City of St. Helena Youth Survey-High School
14 / 22

31.03% 18

68.97% 40
Q6 Would you be interested in participating as a youth representative on a City Board/Commission?
Answered: 58 Skipped: 1
TOTAL 58
Yes
No
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Yes
No
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
15 / 22

29.63% 8

25.93% 7

11.11% 3

74.07% 20
Q7 If Yes, select which committee you would be interested in participating with?
Answered: 27 Skipped: 32
Total Respondents: 27
Active
Transportati...

Parks and
Recreation...

Library Board
of Trustees:...

Diversity,
Equity and...
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Active Transportation/Sustainability Committee: This committee provides input on bike and walking routes/related issues, reviews and shares information on climate change initiatives in the City and in Napa Valley.

Parks and Recreation Committee: This committee reviews issues relating to public recreation and park development/management. They advise the City Council on development of recreation areas, facilities and programs.

Library Board of Trustees: This committee focuses on ensuring the library follows its mission statement and receives updates on Library programming and operations.

Diversity, Equity and Inclusion Committee: This new committee would focus on advancing and providing feedback related to social justice in St. Helena.

Agenda Item #8.1.

City of St. Helena Youth Survey-High School
16 / 22

12.50% 7

50.00% 28

37.50% 21
Q8 Would you be interested in sharing your ideas and issues about youth in St. Helena as a youth liaison to the City Council at select City Council meetings?
Answered: 56 Skipped: 3
TOTAL 56
Yes
No
I would like
to learn more
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Yes
No
I would like to learn more
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
17 / 22

36.84% 21

15.79% 9

40.35% 23

7.02% 4
Q9 Do you think that discrimination (race, gender identity etc…) is an issue in St. Helena for youth?
Answered: 57 Skipped: 2
TOTAL 57
Yes
No
A litttle
I don't know
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Yes
No
A litttle
I don't know
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
18 / 22

71.43% 40

50.00% 28

41.07% 23

64.29% 36

28.57% 16
Q10 What type of discrimination have you seen or experienced? Answered: 56 Skipped: 3
Total Respondents: 56
# OTHER (PLEASE SPECIFY) DATE
1 I have been bullied many times for my speech problems, and also called 'cracker' and other racial slurs, and excluded on friend groups based on my percieved 'white' race despite being half Hispanic. Both white and Latino communities are very cliquish in their own race. 6/6/2021 9:13 PM
2 People assume because we are white that we are all privallaged and soiled 6/1/2021 9:07 AM 3 lgbtq bullying. 5/28/2021 11:00 AM
4 Most of extracarriculars and honors classes are full of only white people when people of other races are just as qualified but they dont feel accepted in those enironments 5/27/2021 6:20 PM
5 LGBTQ 5/27/2021 9:12 AM
6 . 5/27/2021 9:00 AM
7 There are hints of discrimination just by the diversity of our student population which is almost solely white and Latino and even those two groups typically hang out separately. 5/26/2021 10:35 PM
8 St. Helena discriminates against everything and everyone. Not just students but teachers, staff, and parents especially!
5/26/2021 11:42 AM
9 mild homophobia/transphobia and discrimination based on mental health 5/26/2021 7:05 AM Racial
Gender
Discrimination
based on the...

How much money
my family ha...

Other (please
specify)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Racial
Gender
Discrimination based on the language someone speaks
How much money my family has or doesn’t have
Other (please specify)
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
19 / 22
10 LGBTQ discrimination 5/25/2021 10:37 PM
11 Homophobia 5/25/2021 10:11 PM
12 Sexuality 5/25/2021 10:10 PM
13 Weight 5/25/2021 10:08 PM
14 None 5/25/2021 10:02 PM
15 Sexual orientation or other orientations having to do with the LGBTQ+ community 5/25/2021 9:47 PM 16 sexual orientation 5/25/2021 9:39 PM
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
20 / 22

0.00% 0

7.27% 4

30.91% 17

27.27% 15

20.00% 11

14.55% 8
Q11 What is your age?
Answered: 55 Skipped: 4
TOTAL 55
13 14
15 16
17 18
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
13 14
15 16
17 18
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
21 / 22

67.27% 37

21.82% 12

0.00% 0

1.82% 1

5.45% 3

3.64% 2
Q12 What is your gender?
Answered: 55 Skipped: 4
TOTAL 55
Female
Male
Transgender
Female
Transgender
Male
Gender
Variant/Non-...

Prefer not to
answer
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
Female
Male
Transgender Female
Transgender Male
Gender Variant/Non-Conforming/Non-Binary
Prefer not to answer
Agenda Item #8.1.

City of St. Helena Youth Survey-High School
22 / 22

53.70% 29

1.85% 1

3.70% 2

0.00% 0

22.22% 12

38.89% 21

5.56% 3
Q13 Which of the following best describes your race/ethnicity (check all that apply).

Answered: 54 Skipped: 5
Total Respondents: 54
# OTHER (PLEASE SPECIFY) DATE
1 Why does race have a role play in any of this. This is a community problem, so we should fix it as a community, not try to section off people based on race to fix individual concerns. 6/6/2021 9:14 PM
2 native american 5/27/2021 9:13 AM
3 Portuquese 5/26/2021 1:44 PM
White or
Caucasian
Asian
Black/African
American
Hawaiian or
Other Pacifi...

White/Caucasian
Hispanic
Other (please
specify)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
White or Caucasian
Asian
Black/African American
Hawaiian or Other Pacific Islander
White/Caucasian
Hispanic
Other (please specify)
Agenda Item #8.1.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, August 9, 2022 @ 6:00 PM
Vintage Hall Board Room - Second Floor, 465 Main
Street, St. Helena
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

Present: Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall

Absent: Mayor Geoff Ellsworth

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ADOPTION OF THE AGENDA

3.1 Council Member Eric Hall moved to adopt the agenda. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
NOES: None
ABSENT: Mayor Geoff Ellsworth
ABSTAIN: None
RECUSE: None

4. ROLL CALL

5. PUBLIC FORUM:

Mike Quaglia addressed the City Council.

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:

Reports were made by staff and City Council.

Agenda Item #9.1.

Regular City Council
August 9, 2022
City Attorney Ethan Walsh noted that there was no reportable action taken at the August 9, 2022 closed session meeting.

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1 Proclamation Recognizing Julie Spencer's Many Contributions to Rianda House and the Community of St. Helena

7.2 Oaths of office for:
 Nathan Bowyer, Firefighter
 Daniel Martinez, Firefighter
 Bryan Sahagun, Firefighter

8. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)

8.1 Consideration and proposed approval of Regular Meeting Minutes of July 26, 2022
Prepared By: Cindy Tzafopoulos, City Clerk

8.2 Consideration and Proposed Approval of a Resolution Declaring Intention to Reimburse Expenditures Relating to Infrastructure Projects from the Proceeds of Tax-Exempt Obligations.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:

Adopt the attached resolution.

8.3 Designation of voting delegates at the League of California Cities Annual Conference business meeting
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Staff recommends for the City Council to designate Council Member Eric Hall as the voting delegate and Council Member Anna Chouteau as the alternate voting delegate.

8.4 Consideration and proposed adoption of a Resolution Authorizing (1) the City Manager to execute Amendment No. 3 to STH Contract: FY2021-077 in the amount of $270,750, to the Professional Service Agreement with Operational Technical Services for temporary Wastewater Treatment Operators for a total amount not-to-exceed $730,000; (2) a Wastewater Fund budget increase of $248,850 to 571-5029-2020; and (3) use of Wastewater Operations Fund Agenda Item #9.1.

Regular City Council
August 9, 2022
balance of $248,850; (4) the City Manager to execute Amendment No. 4 to STH Contract: FY2021-048 in the amount of $807,250 to the Professional Service Agreement with Operational Technical Services for temporary Water Treatment Operators for a total amount not-to-exceed $2,153,355; (5) a Water Fund budget increase of $765,189 to 561-5034-2020; and (6) use of Water Operations Fund balance of $765,189.

CEQA Determination: Not a CEQA project
Prepared By: Mark Rincon-Ibarra, Public Works Director and City Engineer Recommendation:

Staff recommends adoption of the attached Resolution.

Council Member Lester Hardy moved to approve Consent as presented. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
NOES: None
ABSENT: Mayor Geoff Ellsworth
ABSTAIN: None
RECUSE: None

9. OLD BUSINESS

9.1 Introduction and Proposed Approval for the First Reading of a Safe Firearm Storage Ordinance
CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:

Introduce and conduct the first reading of the proposed Safe Firearm Storage Ordinance, by title only and waive further reading.

Police Chief Chris Hartley reported on this item.

No public comment was received.

Council Member Anna Chouteau moved to introduce and approve the first reading of the proposed Safe Firearm Storage Ordinance, by title only and waive further reading. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
NOES: None
Agenda Item #9.1.

Regular City Council
August 9, 2022
ABSENT: Mayor Geoff Ellsworth
ABSTAIN: None
RECUSE: None

9.2 Consideration and Proposed Approval of a Resolution Amending the Appointment Process for City Commissions, Boards and Committees CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:

That the Council consider the enclosed resolution, and if desired, adopt the attached resolution with the preferred option.

City Attorney Ethan Walsh reported on this item.

No public comment was received.

Council Member Lester Hardy moved to adopt a resolution with option 1 which reads:

OPTION 1:

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. Council shall rank all applicants from highest to lowest and appoint by ballot process. At a council meeting following completion of the interviews, the Council shall discuss the applicants and open positions, including the Council members’ preferences for applicants.

Following these deliberations, the Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.] The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
NOES: None
ABSENT: Mayor Geoff Ellsworth
ABSTAIN: None
RECUSE: None

10. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 7:10 p.m.

The regular City Council meeting minutes of August 9, 2022 were approved at the regular City Council meeting of September 13, 2022.

Agenda Item #9.1.

Regular City Council
August 9, 2022
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.

Report to the City Council
Regular City Council - 13 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution (1) Approving the Memorandum of Understanding Between the
City of St. Helena and the St. Helena Employees Association (SHEA) for a Three-year Contract Commencing on July 1, 2022 and Expiring on June 30, 2025 and (2) Adopting and
Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Employees Association Member Classifications.

CEQA
Determination:

Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The St. Helena Employees Association (SHEA) Memorandum of Understanding (MOU) contract expired on June 30, 2022. The parties began meeting in July 2022 and on August 31, 2022 reached a tentative agreement which was ratified by SHEA on August 31st.

DISCUSSION
Staff is pleased to present a ratified MOU between the City of St. Helena and SHEA for City Council approval.

Ratification of this MOU directly supports City Council Goal 3 - Enhance Organizational Performance, Communications, and Commit to Full Public Participation and Regional Collaboration. The SHEA bargaining unit is comprised of 30 classifications which represent 34 budgeted positions.

Agenda Item #9.2.

The attached agreement reflects the agreed-upon changes with the following key components:
• Term - The contract is for a three-year term, effective July 1, 2022 through June 30, 2025. The City and SHEA may agree upon one reopener for each party during the terms of the agreement.
• Annual Cost of Living Adjustments (COLA) - COLA's will be made on July 1st of each year of the agreement as follows:
o 7/1/22 - 5%
o 7/1/23 & 7/1/24 - San Francisco/Oakland/Hayward CPI-U (April/April) minimum increase of 3% and a maximum increase of 5%
• Equity Adjustments - The City will provide equity adjustments for SHEA represented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation. Equity adjustments will take place every six months until each classification is within the range and will be as follows:
o 7/1/22 - 4.5% equity adjustment
o 1/1/23 - 2% equity adjustment
o 7/1/23 - 2% equity adjustment
o 1/1/24 - 2% equity adjustment
o 7/1/24 - 2% equity adjustment
o 1/1/25 - 2% equity adjustment
July 1st equity adjustments will be combined with the COLA for salary adjustment calculations.
• Standby Pay - On a rotational basis, the Public Works employees shall be assigned to provide standby coverage for an entire week (Friday 3:30 pm until the following Friday at 7:00 am). The employee shall take a City vehicle home when scheduled for this assignment and the compensation for the standby period shall be $525.00 for said week. If a holiday falls on the Friday at the end of the standby period the employee shall receive an additional $100.00 for the extension of the standby assignment. The same would apply if the holiday fall on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the following Friday.

Additionally, during the course of negotiations, both SHEA and the City are in agreement in emphasizing the desire for transparent and collaborative labor relations between the two parities and both parties wish to express their mutual intention and expectation for regular, constructive dialogue and discussion regarding labor and employment matters.

To this point, language confirming the meet and confer process pursuant to the MeyersAgenda Item #9.2.

Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. has been added to Article 1 - Preamble and Article 17 - Term & Completion of Negotiations and Side Letter #1 dated August 22, 2022 has been submitted to SHEA (Attachment 3).

The agreed upon updates to the SHEA MOU are provided as Attachment 1 (redlined version) and Attachment 2 (clean version). Please note Attachment 1 (redlined version) contains non-substantive "clean-up" edits and content previously approved by SHEA and ratified by City Council in July 2020, as noted below:
• Article 7 - Section M

FISCAL IMPACT
The estimated costs of agreement are as follows:
• FY 2022-23 - $232,415
• FY 2023-24 - $202,201
• FY 2024-25 - $212,311
Actual costs in FY 2023-24 and FY 2024-25 indicate the estimated increase over the previous fiscal year and are dependent on market median salary surveys as well as the annual CPI-U for the San Francisco/Oakland/Hayward area.

Costs for FY 2022-23 are included in the adopted budget.

RECOMMENDED ACTION
Staff recommends approval of the attached resolution.

ATTACHMENTS
Attachment 1 - SHEA MOU 2022.09.13 Full Document Clean Version Attachment 2 - SHEA MOU 2022.09.13 Full Document Redline Version Attachment 3 - SHEA Side Letter #1
Attachment 4 - SHEA Salary Schedule Effective 07.01.2022 Attachment 5 - Resolution SHEA MOU
Agenda Item #9.2.

MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA EMPLOYEES ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
JULY 1, 2022 THROUGH JUNE 30, 2025
EXHIBIT A Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

TABLE OF CONTENTS
ARTICLE 1: PREAMBLE………………………………………………………………. 6
ARTICLE 2: RECOGNITION…………………………………………………………… 7
ARTICLE 3: ASSOCIATION & CITY RIGHTS………………………………………... 8 A. ASSOCIATION RIGHTS………………………………………………... 8
B. CITY RIGHTS……………………………………………………………. 8
ARTICLE 4: DEFINITIONS……………………………………………………………... 10
ARTICLE 5: HOURS OF WORK & SCHEDULES…………………………………… 13
A. BUSINESS HOURS…………………………………………………….. 13
B. HOURS OF WORK………………………………………………...…. 13
C. FLEX SCHEDULE………………………………………………… ………13

1. Eligibility………………………………………………………... 13

2. Schedule………………………………………………………..... 14
D. MEAL BREAKS………………………………………………………... 15
E. REST BREAKS…………………………………………………………. 15
F. SHEA ATTENDANCE AT BUDGET MEETINGS………………….. 16
ARTICLE 6: PERSONNEL MATTERS………………………………………………... 17
A. PROBATIONARY PERIOD……………………………………………. 17

1. Probationary Period……………………………………………... 17

2. Termination during Probationary Period………………………... 17

3. Extension of Probationary Period……………………………….. 17
B. EMPLOYEE EVALUATIONS…………………………………………. 17
ARTICLE 7: PAY PLAN……………………………………………………………….. 18
A. SALARY SCHEDULE…………………………………………………. 18

1. 2022 Salary Schedule Increase …………………………………. 18

2. 2023 Salary Schedule Increase………………………………….. 18

3. 2024 Salary Schedule Increase………………………………….. 18
B. EQUITY ADJUSTMENTS……………………………………………... 18
C. SALARY UPON APPOINTMENT…………………………………….. 18
D. STEP INCREASES……………………………………………………... 19

1. Steps……………………………………………………………... 19

2. Qualifications for Step Increase…………………………………. 19
E. COST OF LIVING ADJUSTMENT……………………………………. 19
F. HOURLY RATES………………………………………………………. 19
G. OVERTIME…………………………………………………………....... 19

1. General Policy…………………………………………………… 19

2. Overtime Compensation………………………………………… 20
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

3. Compensatory Time Off………………………………………… 20

4. Overtime Meal…………………………………………………... 20
H. HOLIDAY PAY ON HOLIDAYS…...…………………………………. 20
I. STANDBY PAY………………………………………………………… 20
J. MINIMUM CALLOUT TIME………………………………………….. 21
K. LONGEVITY PAY……………………………………………………... 21
L. BILINGUAL PAY…………………………..…………………………... 21
M. OUT-OF-CLASS PAY…………………………………………………. 21
N. REPORTING TIME WORKED………………………………………... 22
O. SHIFT DIFFERENTIAL………………………………………………… 22
ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE……………………………… 23 A. VACATION LEAVE……………………………………………………. 23

1. Rate of Accrual or Award……………………………………….. 23

2. Administration…………………………………………………... 24
B. HOLIDAYS……………………………………………………………... 24

1. Holidays…………………………………………………………. 24

2. Exceptions……………………………………………………….. 24

3. Observance………………………………………………………. 24

4. Holiday Pay……………………………………………………… 25
C. PERSONAL CONVENIENCE HOLIDAY…………………………….. 25
D. SICK LEAVE AND FITNESS FOR
DUTY……………………………………………………………………. 25

1. Accrual and Use………………………………………………..… 25

2. Administration/Fitness for Duty………………………………….. 25

3. Reason for Granting……………………………………………... 26

4. Limitations and Related Provisions……………………….……… 26

5. Sick Leave Abuse……………………………………………….. 27

6. Pay-out of Sick Leave at Termination of Employment………… 27 E. BEREAVEMENT LEAVE……………………………………………… 27
F. JURY OR WITNESS DUTY……………………………………………. 28
G. ADMINISTRATIVE LEAVE WITH PAY……………………………... 28
H. DISCRETIONARY LEAVE WITHOUT PAY…………………………. 28

1. Permissible Reasons for Leave………………………………….. 28

2. Procedure………………………………………………………... 28

3. Regulation Relative to Discretionary Leave Without Pay………. 28 I. PREGNANCY DISABILITY LEAVE………………………………….. 29
J. CFRA AND FMLA LEAVE…………………………………………….. 29
ARTICLE 9: CERTIFICATION AND OTHER BENEFITS….……………………….. 30 A. SPECIALIZED SCHOOLS AND TRAINING…………………………. 30

1. Specialized Schools and Training……………………………….. 30

2. Certification Pay………………………………………………… 30
B. UNIFORMS……………………………………………………………... 31
C. TOOLS AND EQUIPMENT……………………………………………. 32
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE……….. 33 A. HEALTH INSURANCE………………………………………………… 33
B. DENTAL INSURANCE………………………………………………… 33
C. VISION INSURANCE………………………………………………….. 33
D. LIFE INSURANCE……………………………………………………... 33
E. SUPPLEMENTAL LIFE INSURANCE...……………………………… 33
F. DISABILITY INSURANCE…………………………………………… 33
ARTICLE 11: RETIREMENT, SOCIAL SECURITY, DEFERRED COMPENSATION A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)…………… 34 B. SOCIAL SECURITY PAYMENT…………………………………….… 37
C. DEFERRED COMPENSATION PLAN ……………………………….. 37
D. CAFETERIA PLAN DEPENDENT CARE ASSITANCE……………… 37
ARTICLE 12: BENEFITS ON TERMINATION/RETIREMENT……………………... 38 A. COBRA CONTINUATION…………………………………………….. 38
B. CONTINUATION OF CERTAIN INSURANCE POLICIES………….. 38

1. Conditions……………………………………………………….. 38

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums…………………………………………………… 38
ARTICLE 13: GRIEVANCE PROCEDURE…………………………………………… 39
A. GRIEVANCE DEFINED…..…………………………………………… 39
B. PROCEDURE…………………………………………………………… 39

1. Step 1: Information Discussion………………………………….. 39

2. Step 2: Department Head Determination………………………... 39

3. Step 3: City Manager Review…………………………………… 39

4. Step 4: City Council Review…………………………………….. 40
C. DEADLINES……………………………………………………………. 40
ARTICLE 14: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION… 41 A. RESIGNATION…………………………………………………………. 41
B. EXIT INTERVIEW……………………………………………………... 41
C. DISCIPLINARY AUTHORITY………………………………………... 41
D. PROBATIONARY EMPLOYEES…………………………………………41
E. DISCIPLINARY ACTIONS……………………………………………. 41

1. Reprimand……………………………………………………….. 42

2. Suspension………………………………………………………. 42

3. Reduction in Salary……………………………………………… 42

4. Demotion..………………………………………………………. 42

5. Dismissal………………………………………………………… 43
F. DISCIPLINARY PROCEDURE………………………………………... 43

1. Initial Investigation……………………………………………… 43

2. Notice of Proposed Discipline…………………………………... 43

3. Proposed Discipline Deferred…………………………………… 44
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

4. Pre-Disciplinary (Skelly) Hearing………………………………. 44

5. Notice of Disciplinary Action…………………………………… 44

6. Paid Administrative Leave………………………………………. 44

7. Exclusions……………………………………………………….. 44
G. APPEAL………………………………………………………………… 44

1. Right of Appeal………………………………………………….. 44

2. Procedure………………………………………………………... 45

3. Appointment of Hearing Panel.…………………………………. 45

4. Pre-Hearing Matters……………………………………………... 45

5. Conduct of Hearing……………………………………………… 45

6. Findings of the Panel……………………………………….. 46

7. Decision of the City Manager………………………………. 46
H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION,
SUSPENSION OR DISCHARGE INCLUDE………………………….. 46
ARTICLE 15: LAYOFF PROCEDURE………………………………………………… 49
ARTICLE 16: SEPARABILITY………………………………………………………... 50
ARTICLE 17: TERM & COMPLETION OF
NEGOTIATIONS………………………………………………………… 51
ARTICLE 18: SIGNATURES…………………………………………………………... 52
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 1

PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as “City,” and the St. Helena Employees Association, hereinafter referred to as “Association,” pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. This includes meeting and conferring on matters which have the potential to affect wages, hours, and other terms and conditions of employment. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment.

Employees subject to this MOU are also covered by the City of St. Helena’s Employee Handbook currently in effect (Employee Handbook) and related City policies and procedures. In the event of a conflict between this MOU and the Employee Handbook or other City policies or procedures, the MOU shall control.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 2

RECOGNITION
The City recognizes the Association as the recognized and exclusive representative for the following full-time classifications and the corresponding job descriptions (part-time positions are not included in the bargaining unit represented by the Association):
- Accounting Technician I, II
- Administrative Assistant
- Administrative Records Assistant
- Assistant Engineer
- Assistant Planner
- Associate Engineer
- Associate Planner
- Buildings & Streets Superintendent
- Chief Plant Operator - Water & Wastewater
- Environmental Services Technician I, II
- Executive Assistant
- Fire Inspector
- Human Resources Technician
- Junior Engineer
- Lead Maintenance Worker
- Lead Maintenance Worker – Underground Utilities
- Librarian I, II
- Library Associate I, II
- Maintenance Worker I, II
- Maintenance Worker I, II – Underground Utilities
- Office Assistant
- Parks & Trees Superintendent
- Permit Technician I, II, III
- Plant Operator I, II, III - Water & Wastewater
- Plant Operator in Training - Water & Wastewater
- Recreation Supervisor
- Senior Accounting Technician
- Senior Librarian
- Senior Library Associate
- Underground Utilities Superintendent
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 3

ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution or regulation directly relating to matters within the scope of this MOU.

2. Reasonable use of one (1) bulletin board at City Hall.

3. The right to payroll deductions made for payment of Association dues and for Cityapproved programs.

4. The right to represent its members before the City Council or the City Council’s designee with regard to wages, hours and other matters within the scope of representation, subject to the provisions of applicable Federal, State or City laws and regulations. Inclusion of topics in this MOU does not deem them “negotiable” as that term is defined by applicable law.

5. The use of City facilities for regular, normal and lawful Association activities, providing the appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

6. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

7. In compliance with AB 119, the City will notify the SHEA Chairperson (or other designated representative) at least 10 days before a new employee orientation meeting, and allow a SHEA representative to meet with the new employees for up to 15 minutes at the end of the initial orientation meeting. If an employee is scheduled to receive orientation in fewer than 10 days from the date of hire, then the City will provide SHEA with as much advance notice as reasonably possible of the scheduled orientation meeting.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

To insure that the City is able to fulfill its constitutional and statutory functions and responsibilities, the City retains its rights, including, but not limited to, the right to direct the work force; to select and determine the number of employees and skills required; to determine job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with requirements of the City; to establish and change Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to determine and change methods of operations; to determine and change work locations and the processes and materials to the employee; to take all necessary actions to perform its functions in emergencies.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 4

DEFINITIONS
The words and terms have the following meanings:

Anniversary. The date upon which service time is computed for purposes of step advancement and accrual of vacation and sick leave benefits. (Usually the date of first employment.) Average Work Day. In any case for which the time period to be considered is twelve calendar months, the average work day is the number of hours worked in the preceding twelve months, divided by two thousand eighty, then multiplied by eight.

Benefits or Benefit Package. City-paid Insurance, paid leaves, holidays, and other non-salary items which are part of the compensation paid to any employee.

City. The City of St. Helena, California.

City Manager. The administrative head of the government of the City. The City Manager is responsible for the efficient administration of the affairs of the city, which affairs are under his or her control. The City Manager is considered a Department Head. The City Manager reports to and serves at the pleasure of the Council.

City Service. All positions in all departments and agencies of the City that are subject to control and regulation by the City Council of the City of St. Helena.

Classification. A particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or Compensation may fairly be made to apply.

Compensation. The salary, wages, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of his or her service in a Position, but not including reimbursement for expenses incurred in the course of employment.

Confidential Employee. An employee having access in the course of his/her duties to confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information to the Association.

Continuous Employment. Period of uninterrupted employment including holidays and authorized leave but not including periods of leave without pay or times on suspension.

Council. The City Council of the City of St. Helena.

Department Head. A member of the managerial staff of the City, consisting of the City Manager, the Assistant City Manager, the Fire Chief, the Police Chief, the City Clerk, the Director of Public Works, Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

the Planning & Building Director, the Library Director, the Parks & Recreation Director, the Administrative Services Director and the City Attorney.

Emergency. Emergency shall include an event that damages or continues to threaten damage to the public health, safety, welfare, or property and shall include but not be limited to the following:

The repair or clearance of streets necessary for continued access to properties, including street sweeping.

The repair of public utility facilities.

The repair of City equipment necessary to maintain public safety services.

Activities associated with natural or man-made catastrophe.

Ongoing investigation, surveillance, or similar police activities and the obtaining and serving of search warrants.

Shortage of personnel necessary to maintain public safety services.

Employee. A person legally occupying a full-time Position or office in the City Service that is listed in Article 2, and receiving compensation for services, other than an independent contractor. Employee and Full-Time Employee have the same meaning as used in this MOU.

Full-Time Employee. An employee who regularly works forty hours per week and is paid a monthly salary.

Job Description. A formal account of an employee’s responsibilities in regards to their classification and position.

Non-Probationary Employee. An employee who has successfully completed the Probationary Period.

Position. The title of an occupation along with a group of duties and responsibilities assigned or delegated by competent authority, which requires the full or part time service of one person.

Probationary Employee. An employee who has not yet completed a prescribed Probationary Period.

Probationary Period. The length of continuous service for which an employee must serve in order to attain the status of Non-Probationary Employee.

Salary or Pay. The monetary portion of compensation paid to an employee.

Standby. A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This will normally include either remaining at his/her home telephone or otherwise arranging for the immediate and convenient notification of an emergency condition, and being prepared to immediately report to the site of the emergency.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

Supervisor. The mid-management staff of the City to include the designated assistant to a Department Head or the head of a sub-department or division of a department.

Title. The name applied to a Classification or to each Position included in the Classification.

Work Day. One calendar day during which an employee is normally scheduled to work. If the employee is engaged in shift work that begins on one calendar day and ends on the following day, only one work day is denoted. The number of hours of work contained in a calendar day for a given employee, in no case more than eight hours for a Full-Time Employee unless specified otherwise.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 5

HOURS OF WORK & SCHEDULES
A. BUSINESS HOURS.

The normal business hours of the City are from 8:00 a.m. to 5:00 p.m. Monday through Friday, except:
 Library hours may vary.
 Parks hours include Saturday and Sunday.
 Streets, Parks, Water, Water Treatment and Waste Water Treatment Department Hours are from 7:00 a.m. to 3:30 p.m.
 Hours of operation differing from these guidelines may be established for any office or Department in order to meet the needs of the City and the citizens of St.

Helena.

Employee work schedules shall be established consistently with the provisions of this Article 5.

The City will provide SHEA and any affected employee with at least 21 days’ notice before making a permanent change to the employee’s work schedule.

B. HOURS OF WORK.

Five (5) days of eight (8) hours per day for forty (40) hours per week constitute the normal work schedule for all employees. The standard workweek for these employees shall begin on Sunday at 12:01 a.m. and end of the following Sunday at 12:00 a.m. To the maximum extent practicable, work schedules for employees not working normal business hours shall be arranged so that the employee will work for five (5) consecutive eight (8) hours days, followed by two (2) days off.

Employees are expected to be at their assigned place of work and prepared to commence work with tools at hand at the assigned time.

C. FLEX SCHEDULE.

1. Eligibility.

A Flex Schedule is available to Association employees in order to allow them time during the workweek to accomplish tasks which do not require public contact (i.e., outside of the 8:00 a.m. to 5:00 p.m. public hours).

The Flex Schedule is voluntary, and subject to agreement by the employee and approval by the Department Head. Except in cases of emergency, the Department Head must provide at least 30 days’ notice to terminate an employee’s Flex Schedule.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

The Flex Schedule will not impact the accrual of vacation, Sick Leave or other benefits. Vacation time or Sick Leave time will be deducted at the number of hours per day for those days which the leave is taken. For example, if an employee is absent on a day he or she was scheduled to work nine (9) hours, nine (9) hours of leave time shall be deducted, and if the employee is absent on a day he or she was scheduled to work eight (8) hours, eight (8) hours of leave time shall be deducted.

2. 9/80 Schedule and Workweek.

Employees on a 9/80 schedule are scheduled to work eight (8) nine hour days, one (1) eight hour day, and will have one (1) day off every two weeks.

The scheduled one (1) day off every two weeks shall be either Monday or Friday as approved by the Department Head, but must be consistent from week to week. Employees cannot change or flex their scheduled one (1) day off, unless the change is intended to be permanent and approved by the City.

For all employees working a 9/80 schedule, their workweek shall begin exactly four (4) hours into their eight (8) hour shift on the day of the week which constitutes their alternating day off.

For example, for an employee scheduled to work from 8:00 a.m. – 6:00 p.m. with every other Friday off, the workweek shall begin at noon on Friday, and end at noon the following Friday. a. Employees Scheduled with Every other Friday Off.

During a two week cycle, an employee working the 9/80 Flex Schedule will work nine hours per day Monday through Thursday and eight hours on Friday the first week. During the second week, the employee will work nine hours per day Monday through Thursday and be off on Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four hours into the employee’s eight hour shift.

In those instances where a holiday falls on the Friday-Off, the preceding work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time off; or (2) working one additional hour on a scheduled work day during the same workweek that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of nine hours per day Monday – Thursday and in excess of eight Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

hours on Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA. b. Employees Scheduled with Every Other Monday Off
During a two week cycle, an employee working the 9/80 Flex Schedule will work eight hours on Monday and nine hours per day Tuesday through Friday the first week.

During the second week, the employee will be off on Monday and work nine hours per day Tuesday through Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four (4) hours into the employee’s eight (8) hour shift.

In those instances where a holiday falls on the Monday-Off, the subsequent work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time-off; or (2) working one additional hour on a scheduled work day during the same work week that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of eight hours on Monday and in excess of nine hours per day Tuesday – Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA.

D. MEAL BREAKS.

Full-Time Employees are scheduled a period of between 30 and 60 minutes, generally in the middle of the workday, during which they are free to eat a meal or do personal errands. Unless directed otherwise, employees are not paid for this time and are free to leave the workplace.

E. REST BREAKS.

For each four (4) hours of work, conditions permitting, employees are granted a fifteen (15) minute rest break during which they may engage in personal conversations, move about, and otherwise “take a break” from the normal duties of their assignments. This time will be paid by the City as part of the workday.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

F. SHEA ATTENDANCE AT BUDGET MEETINGS.

One Association officer shall be permitted to attend Council budget meetings held during work hours provided their absence does not create a hardship in the employee’s department nor require employee overtime.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 6

PERSONNEL MATTERS
A. PROBATIONARY PERIOD.

1. Probationary Period.

Each new Employee shall be a Probationary Employee until successful completion of 12 months of Continuous Employment. The purpose of the Probationary Period is to give the Probationary Employee the opportunity to demonstrate that he or she is qualified, able, and willing to meet the expectations of the City with regard to the Position.

2. Termination During Probationary Period.

If at any time prior to successful completion of the Probationary Period the City Manager determines that it is in the best interest of the City to terminate the employment of the Probationary Employee, it will be in his or her discretion to do so without further justification. Probationary Employees are not entitled to the Disciplinary and Appeal Procedures set forth in Article 14 of this MOU and may be terminated at will, with or without notice.

3. Extension of Probationary Period.

If it appears that the employee will not successfully complete the prescribed Probationary Period, the City Manager also has the discretion of extending the Probationary Period once for an additional six months, if the City Manager feels it is in the best interest of the City to do so.

B. EMPLOYEE EVALUATIONS.

Each employee shall be evaluated no less than annually by his/her Supervisor, according to a system approved by the City Manager. Each employee’s evaluation shall be reviewed with the employee by the Department Head, after which the employee is expected to sign the evaluation.

Signing the evaluation does not indicate agreement with that evaluation, and the employee may submit reasonable comments in explanation or rebuttal to its contents. After review by the City Manager, employee evaluations, including reasonable material submitted by the employee, will be placed in the employee’s personnel file. A satisfactory or above evaluation must be obtained before each promotion, Classification upgrade, or step increase is granted.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 7

PAY PLAN
A. SALARY SCHEDULE
Salaries paid and any special compensation shall be in accordance with the most recent applicable salary resolution adopted by the City Council, and any amendments thereto. Such resolutions are hereby incorporated as part of this MOU and are available from the City Clerk. During the term of this MOU, the salary schedules shall be increased as follows:

1. 7/1/22 – COLA increase of 5% for all SHEA members

2. 7/1/23 – San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%

3. 7/1/24 - San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%
B. EQUITY ADJUSTMENT
The City will provide equity adjustments for SHEA represented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both the City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation. Ralph Anderson & Associates provided updated information to the City in May 2022 based off the cities/entities used in the previous study. Attachment A provides a summary of the percent increase in salary to arrive at market median (95%) for each SHEA position as of May 2022.

Equity adjustments will take place every 6 months until each classification is within the range and will be as follows:
 7/1/22 – Equity adjustment of 4.5%
 1/1/23 – 2% equity adjustment
 7/1/23 – 2% equity adjustment
 1/1/24 – 2% equity adjustment
 7/1/24 – 2% equity adjustment
 1/1/25 – 2% equity adjustment
July 1st equity adjustments will be combined with the COLA for salary adjustment calculations.

C. SALARY UPON APPOINTMENT.

Employees appointed to a Position in City Service shall normally be placed in Step “A” of the range. Subject to approval of the City Manager for reasons of an applicant’s outstanding qualifications or for the needs of the City, appointment may be at a higher step. A current City employee being promoted into a range with a higher top step will normally receive at least a five percent (5%) increase.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

D. STEP INCREASES.

1. Steps.

Upon completion of the following periods of service, a Full-Time Employee becomes eligible for the next higher step as follows:
 Six (6) months at Step A to become eligible for Step B  Six (6) months at Step B to become eligible for Step C  Six (6) months at Step C to become eligible for Step D  Twelve (12) months at Step D to become eligible for Step E

2. Qualifications for Step Increase.
a. Employees may be granted a step increase after having served for the designated qualifying period and after a performance evaluation finding that the employee’s performance was not less than satisfactory.
b. In unusual cases, upon recommendation of the Department Head, where special ability and aptitude is demonstrated, the City Manager may approve advancement of an employee to a higher step before completion of the normal qualifying period.

E. COST OF LIVING ADJUSTMENT (COLA).

In considering COLAs for subsequent agreements, the parties will consider the San Francisco/Oakland/Hayward CPI-U (April/April).

F. HOURLY RATES.

Where any annual pay rate is to be converted to a salary hourly equivalent, the annual rate of pay shall be divided by 2080 to determine the hourly rate. Daily rates are equivalent to the appropriate hourly rate multiplied by eight (8) hours.

G. OVERTIME.

1. General Policy.

Employees must get pre-approval from their supervisor before working overtime. In cases of emergency or other unusual unforeseen circumstances, if the employee’s supervisor is not available to approve the overtime work in advance, the employee shall contact the employee’s department head, Administrative Services Director, Assistant City Manager, or, City Manager as soon as possible to seek approval of the overtime Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

work, and may begin critical overtime work without specific advance authorization if needed to address emergency situations.

2. Overtime Compensation.

Unless the employee is working a Flex Schedule (see Article 5, section C.2 , above), work in excess of eight (8) hours per day or forty (40) hours in a workweek, shall be paid at the rate of one and one-half (1.5) times the regular rate of pay; work in excess of twelve (12) hours per day shall be paid at the rate of twice the regular rate of pay. If the employee requests, a Department Head may, at his/her discretion, approve the accumulation of compensatory time to be taken off in lieu of overtime pay. An employee may accumulate up to a maximum of eighty (80) hours of compensatory time. When earned, compensatory time is accumulated at the same rate as if it were to be paid (i.e., at the rate of 1.5 times the regular rate for hours above 8 but less than 12 in one day).

3. Compensatory Time Off.

An employee, who has accumulated compensatory time as described in Subsection 7.F.2 above, may request time off, to be charged against the accumulated compensatory time.

The Department Head will permit the requesting employee to use the time within a reasonable period after the request is made unless using the time will unduly disrupt the City’s operations.

4. Overtime Meal.

If an employee is required to work more than twelve (12) hours with no breaks longer than one (1) hour, the City will provide that employee a meal.

H. HOLIDAY PAY ON HOLIDAYS.

When required to work on a holiday, an employee shall be paid twice the rate of pay at which the employee would be paid on a non-holiday. This section is not applicable to Standby Pay since call-out is not a normal designated work day.

I. STANDBY PAY.

On a rotational basis, the Public Works employees shall be assigned to provide standby coverage for an entire week (Friday 3:30 pm until the following Friday at 7:00 am). The employee shall take a city vehicle home when scheduled for this assignment and the compensation for the standby period shall be $525.00 for said week. If a holiday falls on the Friday at the end of the of the standby period the employee shall receive an additional $100.00 for the extension of the standby assignment. The same would apply if the holiday falls on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the following Friday.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

Public Works employees shall be compensated in 15 minute increments for time worked while on standby handling phone calls from dispatch. City management shall develop a process for including such time on employee timesheets.

J. MINIMUM CALLOUT TIME.

The minimum time charged for being called to work for an emergency shall be two (2) hours (home to home). In addition, such call out time shall be paid at the overtime rate.

K. LONGEVITY PAY.

Full-Time Employees shall be eligible to receive longevity pay according to the dates and rates below:

Years of Continuous City Employment Total Longevity Pay 5 years 2.5% of base salary
10 years 5.0% of base salary
15 years 7.5% of base salary
20 years 10% of base salary
L. BILINGUAL PAY.

Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business. For employees who are certified as fluent in both written and verbal Spanish language, such pay will be five percent (5%) of the designated employee’s base salary. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and onehalf percent (2.5%) of the designated employee’s base salary. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.

M. OUT-OF-CLASS PAY.

Pay for Performing Full Duties of Higher Class
When, because of the absence of a Department Head or other Supervisory personnel, an employee performs substantially all of the functions (full-time) of the higher Classification, the employee will receive an increase of ten percent (10%) of his/her base hourly equivalent wage.

The increase will be effective after the third (3rd) week of the assumption of those duties and continue during the period those duties are being performed by the employee on a full-time basis.

Out-Of-Class-Pay must be pre-approved, in writing, by a Department Head or the City Manager.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

Pay for Performing Partial Duties of Higher Class
When an Employee is temporarily assigned for at least a period of one month to perform substantial functions of a higher classification for at least a period of one month, but does not perform those additional duties on a full-time basis and/or the Employee assigned to the position normally responsible for the duties is not absent, and/or the duties relate to a temporary project that would be assigned to a higher classification position but cannot be so assigned (as determined in the sole discretion of the City Manager) due to competing operational needs and workload, the City Manager has the discretion to provide an increase of up to ten percent (10%) of the Employee’s normal base wage effective on the first day of assumption of the substantial additional duties and continuing until the City Manager determines that the assignment of the additional duties ceases. This additional pay is provided at the City Manager’s sole discretion and must be pre-approved in writing. Under current CalPERS rules and regulations, this pay for performing partial duties of the higher class is not reportable special compensation.

N. REPORTING TIME WORKED.

Employees are responsible for reporting on a prescribed form, all hours worked and leave taken during the pay period. The employee is responsible for securing the signature of his/her immediate Supervisor on the form, indicating approval of the hours submitted. The employee is also responsible for seeing that the required documentation for approved leave or overtime worked is attached to the time report. In the event employees are unable to accurately report all time, due to the need to submit the time report prior to the end of the pay period, they shall be responsible for bringing that fact to the attention of their Department Head(s) as soon as practicable, so the payroll records can be adjusted accordingly.

O. SHIFT DIFFERENTIAL

1. Shift differential for purposes of the article is defined as a shift that occurs on a Saturday or Sunday.

2. Any miscellaneous employee who works an assigned regular time shift as described in “1” above, shall be paid an additional five percent (5%) of their base hourly rate for each hour worked. No shift differential will be paid on sick leave, vacation, CTO or any other time-off or for hours worked as a result of being called in while on standby.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 8

TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE.

1. Rate of Accrual or Award.

Employees shall accrue or be awarded vacation pay based on their years of Continuous Employment at the following rates:
a. Less than five years of Continuous Employment: Full-Time Employees earn vacation at the rate of ten days per year. Vacation accrues on a monthly basis (six hours and forty minutes per month).
b. After five years of Continuous Employment with the City, Full-Time Employees will accrue vacation at the rate of fifteen days per year; after six years, sixteen days; after seven years, seventeen days; eight years, eighteen days; nine years, nineteen days; and ten years, twenty days per year.
c. After twenty-five years of Continuous Employment with the City, Full-Time Employees will earn one additional day of vacation each year and continue to earn one additional day of vacation every five years thereafter.

2. Administration.
a. Approving Authority: Department Heads shall have the authority to schedule Vacation Leave according to the needs of the service and the wishes of the employee, in that order.
b. Leave Requests: An employee's request for approval of Vacation Leave shall be made in writing to the Department Head. Except in the case of an emergency, a request for leave for one to three days should be made at least two days before the commencement of the leave. A leave in excess of three days should be made at least three days prior to the commencement of the leave. c. Holidays: If a holiday recognized by the City occurs during Vacation Leave, absence for that holiday shall be charged as Holiday Leave and not as Vacation Leave.
d. Leave Accumulation: Except with the approval of the Council, accumulated Vacation Leave shall not exceed three hundred and eighty (380) hours and all employees who have accumulated at least eighty (80) hours of vacation shall expend at least eighty (80) Vacation Leave hours per calendar year with at least forty (40) hours being consecutive.

Any employee in a position represented by SHEA, who has more than 320 hours of accrued vacation leave, may have the option to receive a cash payment in lieu of their requested vacation time. This option to receive a cash payment in lieu of vacation time will only be available if (1) the employee has filed a written request for leave at least 30 days prior to the commencement of the leave; and (2) management denies the employee’s request for leave because of department workload and staffing needs. Any payment in lieu of requested vacation time will Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

not be PERSable and will not be credited towards the employee’s single highest year compensation for retirement purposes. This provision shall not apply to leave which is denied for a requested period due to management’s approval of leave for other employees and in which leave would still be available for a period close to the requested vacation period.

Leave Award and Compensation: Vacation Leave shall begin to be earned by an employee upon employment. In the event of a separation of employment, any unused accrued or awarded Vacation Leave shall be compensated with a lump sum payment based on the employee’s current rate of pay and included with the employee’s final paycheck.

Eligibility and Use: An employee may not take Vacation Leave until after the completion of six months of Continuous Employment. Vacation Leave shall be taken in not less than fifteen minute increments.

B. HOLIDAYS.

1. Holidays.

The following holidays shall be recognized for all Association employees:

New Year's Day (January 1st)
Martin Luther King Day (Third Monday in January)
President's Day (Third Monday in February)
Cesar Chavez Day (March 31)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (First Monday in September)
Veteran's Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving
Christmas Eve Day (December 24th)
Christmas Day (December 25th)

2. Exceptions.

When a holiday falls on a Saturday, the preceding Friday shall be deemed holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When Christmas Eve falls on a Friday, the preceding Thursday shall be deemed a holiday. When Christmas day falls on a Monday, the following Tuesday shall be deemed a holiday. When Christmas falls on a Thursday, the following Friday shall be a holiday in lieu of Christmas Eve Day

3. Observance.

Except for emergency services, all City offices shall be closed on recognized holidays established Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

by Council resolution or ordinance.

4. Holiday Pay
Full-Time Employees shall receive full pay provided they are employed and in a paid status on the first working day prior to and following the holiday.

C. PERSONAL CONVENIENCE HOLIDAY.

Each Full-Time Employee shall be eligible for two (2) Personal Convenience Holidays of eight (8) hours each per year. After five years of Continuous Employment, Full-Time Employees shall be eligible for an additional three (3) Personal Convenience Holidays each year. Personal Convenience Holidays are granted on January 1st of each year and must be used prior to the end of the calendar year and will not accrue. They may be taken at the employee's convenience, subject to the Department Head's approval. These Personal Convenience Holidays shall not incur additional expense to the City, e.g., causing another employee to work overtime, etc. Each Personal Convenience Holiday must be taken as a full day off. Employees do not receive Personal Convenience Holidays during the calendar year in which they are hired.

D. SICK LEAVE AND FITNESS FOR DUTY.

1. Accrual and Use.

Employees shall accrue and use sick leave in accordance with City of St. Helena Personnel/Administrative Sick Policy and the provisions of this Article 8(D). The provisions of this Article 8(D) shall supersede any inconsistent provisions of the Sick Leave.

Sick leave with pay shall accrue to all Full-Time Employees at the rate of one work day for each calendar month of service, with no limit to its maximum accumulation.

2. Administration/Fitness for Duty.

When the employee’s need to use sick leave is foreseeable (for example, prescheduled appointments), the employee must provide reasonable advance notice to his/her immediate supervisor or Department manager of the need to use sick leave and its probable duration, if known. In all other situations, an employee who must be absent from work shall personally (if able) notify his or her immediate superior or Department Head as soon as reasonably possible, and at least before or within the first thirty minutes of the absence. An employee may be required to provide a physician's certificate for absence due to illness of more than three working days or at the request of the Department Head. If the City requires an employee to provide a physician’s certificate for an absence pursuant to this paragraph, and the employee had not already seen or planned to see the physician for the illness or injury, the City shall reimburse the employee for the cost of any required co-pay associated with the visit to the physician if the visit was required solely to comply with the requirement to obtain the certificate of illness or injury.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

When the City Manager determines that it is job-related and consistent with business necessity, an employee may be required to submit to an examination by a licensed physician designated by the City and at the City’s expense to determine whether the employee is still able to perform the essential functions of his or her job. Any information obtained about the Employee’s health condition shall be treated confidentially as provided by federal and state law.

3. Reasons for Granting.

Sick leave shall be granted to eligible employees for the following reasons:
a. For the diagnosis, care or treatment of an existing health condition, or preventive care for the employee or a family member.
b. Sick leave with pay for illness or injury of a family member, subject to the limitations in Section D.4 of this Article.
c. Enforced quarantine of the employee in accordance with community health regulations.
d. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to obtain relief or attempt to obtain relief to help ensure his or her health, safety, or welfare, or that of his or her child(ren), to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons.
e. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to seek medical attention, to obtain services from a domestic violence program or psychological counseling, or to participate in safety planning, to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons. f. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.
g. Complication or disability resulting from or contributed to any pregnancy, termination of pregnancy, or recovery therefrom.

4. Limitations and Related Provisions.
a. An employee may use Sick Leave, in an amount not to exceed one-half of their annual accrual, or six days, to attend to an illness of a family member. This includes attending to the serious injury or illness of a family member covered under the Family Medical Leave Act and/or California Family Rights Act. b. For the purposes of using sick leave under this Article, “family member” shall mean an employee’s parent, child, spouse, registered domestic partner, parent-inlaw, sibling, grandchild, or grandparent. c. In the event of absence from work due to a work-related injury, an employee may receive pay for accrued Sick Leave to the extent necessary to supplement worker's compensation payments to effectively raise the employee's pay received to the level of full-time pay. For a new employee who, at the time of a work-related injury, has not yet earned three days of Sick Leave, up to three days of Sick Leave Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

may be advanced from anticipated future Sick Leave accruals as required to meet this described use.

5. Sick Leave Abuse.
“Sick leave abuse” shall mean: “any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary action as determined necessary to deter future abuse.

6. Pay-out of Sick Leave at Termination of Employment.
a. Effective July 1, 2012, the City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2012.

Upon separation in good standing from City employment, the City will pay the employee for unused Sick Leave in the following amount: The total number of hours of Sick Leave accumulated multiplied by the hourly rate of pay of the employee at the time of separation, divided by two (2). An employee is not “separating in good standing” if proceedings to terminate the employee have been initiated or concluded in accordance with the provisions of Article 14, Resignation, Termination or Disciplinary Action. When an employee uses sick leave, City will first reduce employee sick leave balances from sick leave accrued after July 1, 2012.
b. An employee’s termination of employment for reasons of illness, verified by doctor certifications relative to the nature, gravity, and duration of the illness (including maternity) may be paid a lump sum for all Sick Leave accrued and unused at the time of such termination.
c. An employee who retires or otherwise terminates his or her employment after a finding of industrial disability may not exhaust his or her Sick Leave before the retirement becomes effective.

E. BEREAVEMENT LEAVE.

All Full-Time Employees shall be allowed a leave of absence with full pay, not to exceed three (3) working days, or five (5) working days if the death occurs out of State, when such absence is due to death in the immediate family. Those in immediate family are: mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee, and the spouse, son, domestic partner son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

F. JURY OR WITNESS DUTY.

1. All employees shall be granted time off to serve, as required by law, on a jury or grand jury if the employee provides reasonable advance notice to the City. Leave with full pay shall be granted to Full-Time Employees for jury duty or when called as a witness for a job related law suit. Any compensation received for jury duty, excluding mileage and similar expense reimbursements, shall be remitted to the City.

2. Leave without pay shall be granted to all employees to appear in court or other judicial proceedings as a witness to comply with a valid subpoena or court order.

G. ADMINISTRATIVE LEAVE WITH PAY.

Administrative Leave with Pay may be assigned to employees by the City Manager if it appears to be in the best interest of the City. In the event such leave is assigned, the City Manager will report to the Council the facts and circumstances of such leave as soon as is practicable.

H. DISCRETIONARY LEAVE WITHOUT PAY.

1. Permissible reasons for leave.

Discretionary Leave Without Pay may be granted by the City Manager as follows:
a. For personal reasons which are approved by the City Manager. b. For reason of illness in the event Sick Leave has been exhausted. c. In conjunction with Pregnancy Disability or FMLA Leave. d. To pursue a course of education which will increase the employee's usefulness as a City employee.

2. Procedure.
a. The employee shall provide at least 30 days advance notice of the need for leave without pay, whenever possible. If 30 days’ notice is not practicable, the employee shall request the leave as soon as practicable. b. An employee’s request for Discretionary Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence. The City Manager has the discretion of approving or rejecting the request.
c. In the case of extended illness the Department Head shall notify the City Manager at such time as the employee has expended all Sick Leave and shall submit a regular status report thereafter pending consideration of termination, disability, retirement, or temporary replacement.

3. Regulations Relative to Discretionary Leave Without Pay are as Follows. a. The City Manager may grant Discretionary Leave Without Pay in his or her discretion and only when, in the opinion of the City Manager, it is in the best interest of the City.
b. In the case of illness, Discretionary Leave Without Pay shall commence at such time as Sick Leave is expended except that the employee may elect to expend any other leave prior to utilizing Discretionary Leave Without Pay.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

c. Except in cases of absence due to illness, Discretionary Leave Without Pay shall be deducted from service time for purposes of computing longevity, time in service, seniority, or for any other purpose.
d. Vacation or Sick Leave shall not accrue nor shall Holiday Pay be awarded during periods of leave without pay.
e. Unless the employee notifies the City Manager at the time of the request for Discretionary Leave Without Pay that he or she elects to pay the premiums for continuation of Health, Dental, and Insurance Benefits, those benefits will be terminated beginning with the calendar month following the start of the unpaid leave. If that election is made and the leave is approved, it is the responsibility of the employee to submit payment to the City such that it is received prior to the City processing payment to the insurance carrier. The City will not make a premium payment in anticipation of receipt of the payment from the employee. f. Reinstatement of all benefits shall occur at the first opportunity following the employee's return to duty.
g. Discretionary Leave Without Pay will not normally be approved until Sick Leave (if medically justified), Vacation Leave, and Comp Time have been exhausted. h. Retirement benefits shall be adjusted for leave without pay in accordance with Public Employees' Retirement System's (PERS) regulations. i. An employee shall, upon completion of authorized leave without pay, be reinstated to the Position held at the time of commencement of leave and at the salary range and step previously held.

I. PREGNANCY DISABILITY LEAVE
To the extent required by law, the City shall grant a leave of absence without pay to any probationary or permanent employee who becomes disabled as a result of pregnancy, which disability prevents her from performing the duties of her position. Such leave shall not exceed four months whether or not it is combined with sick leave, vacation, compensatory time off and/or leave without pay. Employee benefits will continue to be paid by the City during approved short-term leave. This paragraph shall be implemented consistently with the requirements of California’s Pregnancy Disability Leave law and the federal Family Medical Leave Act. (See also the City’s Employee Handbook.)
J. CFRA AND FMLA LEAVE
The Employee Handbook addresses leave rights under the federal Family and Medical Leave Act and the California Family Rights Act (also referred to as the California Medical Leave Act).

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 9

CERTIFICATION AND OTHER BENEFITS
A. SPECIALIZED SCHOOLS AND TRAINING, AND CERTIFICATION PAY.

1. Specialized Schools and Training.

Individual Full-Time employees will be reimbursed for up to $500.00 per year in educational expenses for job-related courses. The total amount reimbursed to all employees in the unit represented by the Association through this program will not exceed $6,000.00 per year. Employees will be reimbursed on a first-come, first-served basis, subject to the City Manager’s determination that a course or training is job-related. This provision does not include payment of fees or tuition for course work taken in pursuit of an academic degree.

2. Certification Pay.
a. In recognition of the fact that certain functions cannot be performed without special governmental certification or licensing, the City will pay Fifty Dollars ($50.00) per month for:
 “Operator cross-certification” (Class I or above) for employees assigned to the Water Treatment Plant or Waste Water Treatment Plant, enabling those employees to perform duties at the other plant;
 A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the City;  Certification for back-flow prevention devices for Public Works employees.
 Playground Inspection Certification for employees working in the Parks Division.
 Arborist Certificate for employees working in the Parks Division.
 Wastewater Collection Certificate
b. Fifty Dollars ($50.00) per month and any required physical examinations, the cost to renew the Class B license, and the appropriate time necessary during normal work hours to test for a Class B driver’s license, if the Director of Public Works, on a person-by-person basis, certifies the necessity to the City for such license and the City Manager authorizes.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

B. UNIFORMS.

1. As a condition of employment, the City requires appropriate apparel or uniforms to be worn during work hours.

2. The City will provide uniforms to employees in the following Public Works positions:

Public Works Supervisor, Maintenance Worker I, Maintenance Worker II, Maintenance Worker III, Maintenance Lead Worker, Chief Water Distribution Operator, Plant Operator in Training, Plant Operator I, Plant Operator II, Plant Operator III, Chief Plant Operator.
a. Employees Assigned to Water Distribution and Public Works For employees assigned to Water Distribution and Public Works, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year. The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $35.49 per pay period. b. Employees Assigned to Parks-Trees-Buildings
For employees assigned to Parks-Trees-Buildings, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $33.06 per pay period. c. Employees Assigned to the Wastewater Treatment Plant Chief Plant Operator and Plant Operator II - For employees assigned to the Wastewater Treatment Plant, except for employees in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.. The value of these uniforms is $9.29 per pay period. The City does not provide uniform cleaning for these Employees assigned to the Wastewater Treatment Plant.

Plant Operator III - For employees assigned to the Wastewater Treatment Plant in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts per year. The value of these uniforms is $5.79 per pay period.

The City does not provide uniform cleaning for the City Polo Shirts. Additionally, the City shall provide coveralls which are solely for personal health and safety purposes of the employee. The City will provide and pay for regular uniform cleaning service for the coveralls.
d. Employees Assigned to the Water Treatment Plant
For employees assigned to the Water Treatment Plant, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

The value of these uniforms is $11.49 per pay period for each employee. The City does not provide uniform cleaning for Employees assigned to the Water Treatment Plant.
e. Safety Reflective Coat and Safety Boots
In addition, the City will provide all employees in the classifications listed above in paragraph B.2. with one (1) safety reflective coat on initial hire with a replacement coat every 5 years, and one pair of OSHA approved safety steel toed boots or shoes to be replaced when warranted. The safety reflective coat and the safety boots are solely for personal health and safety purposes of the employee.

Any additional uniforms needed shall be supplied at the employee’s expense.

3. The parties acknowledge that the uniforms provided are not suitable for everyday wear, and that employees shall wear the provided uniforms only while on duty and traveling to and from work.

4. To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the required uniforms and cleaning service provided by numbers 2 and 4 above for classic members (as defined by CalPERS). For classic members, the City and employees will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. For example, classic members will be required to make the required employee contribution on this amount. Pursuant to CalPERS regulations, the value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not count as special compensation.

C. TOOLS AND EQUIPMENT.

1. For employees, except the City Mechanic, all items of essential equipment and tools will be provided by the City, except that an employee may elect to provide all or any part of his/her own equipment and tools.

2. City-owned equipment and tools shall be used solely in the exercise of official City business.

3. The City Mechanic will personally furnish all hand tools necessary for normal general maintenance to vehicles and equipment. The city will reimburse the Mechanic for onehalf (1/2) the Mechanic’s cost of hand tools, up to One Hundred Fifty Dollars ($150.00) per year.

4. Care of Tools and Equipment.

Each employee having care or custody of City-owned property (including money) or equipment has a responsibility to take appropriate care of the property or equipment, including safeguarding it against theft or damage. Any employee becoming aware of the theft of, or malicious damage to City-owned property or equipment shall immediately report it to the Police Department.

5. For employees who are required to use a cell phone during normal course of their duties and/or are required to be on-call for the day, the City will provide a City issued cell phone.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 10

HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE
A. HEALTH INSURANCE.

The City will pay provide medical insurance for each Full-Time Employee and his or her eligible dependents. City is currently a member of Redwood Empire Municipal Insurance Fund (REMIF) and subject to their decisions regarding type and number of plans offered. Should REMIF propose material changes to the insurance plans, City will meet and confer on medical insurance options.

B. DENTAL INSURANCE.

The City will pay the full premium for dental insurance benefits for each Full-Time Employee and all dependent family members.

C. VISION INSURANCE.

Subject to REMIF approval, the City will obtain and pay the full premium for a REMIF Vision Plan for all Full-Time Employees.

D. LIFE INSURANCE.

The City will pay the full premium for a $25,000.00 life insurance plan to cover each Full-Time Employee. At the employee’s expense, an employee has the option to increase the amount of life insurance coverage up to an additional $20,000.00.

E. SUPPLEMENTAL LIFE INSURANCE.

The City does not provide, however Full-Time Employees may purchase additional supplemental life insurance.

F. DISABILITY INSURANCE.

The City will pay the full premium for the California State Disability Insurance program primary disability insurance plan covering each Full-Time Employee.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 11

RETIREMENT, SOCIAL SECURITY, DEFERRED

COMPENSATION AND DEPENDENT CARE ASSISTANCE
A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS).

Employees covered by this MOU are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as described in this Article 11, Section A.

1. Tier One: 2% at 55 Retirement Program – Employees Hired Before July 1, 2012 (Tier 1 Classic Members)
This Section 1 (including subsections) shall apply to employees hired before July 1, 2012:
a. 2% at 55 Pension Formula
The “2% @ 55” retirement program will be available to employees covered by this Section.
b. Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 1 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 20042. c. Required Employee Contributions
i. Member Contribution
Employees covered by this Section 1 shall continue to pay, through payroll deduction, the full 7.0% member contribution.
ii. Pension Cost Sharing
Effective January 9, 2016, employees covered by this Section 1 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

2. Tier Two: 2% at 60 Retirement Program for Employees Hired On or After July 1, 2012, and Before January 1, 2013, and Employees Qualified for Reciprocity (Tier Two Classic Members)
This Section 2 (including subsections) shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, this Section 2 (including subsections) shall apply to employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:
a. 2% at 60 Pension Formula
The “2% @ 60” retirement program will be available to employees covered by this Section 2.
b. Final Compensation Based On 36-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 2 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
c. Required Employee Contributions
i. Employees covered by this Section 2 shall continue to pay, through payroll deduction, the 7.0% member contribution.
ii. Pension Cost Sharing
Effective the first full pay period in January 2016, employees covered by this Section 2 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

3. Tier Three: 2% at 62 PEPRA Retirement Tier Required For Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member) This Section 3 (including subsections) shall apply to employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c). a. 2% at 62 Pension Formula
The “2% @ 62” retirement program will be available to employees covered by this Section 3.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

b. Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for employees covered by this Section 3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32. c. Required Employee Contributions
i. Required 50% of Normal Costs
As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by this Section 3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.
ii. Pension Cost Sharing
Effective the first day of the first full pay period in January 2016, in addition to paying 50% of normal costs as described above, employees covered by this Section 3 shall pay, through payroll deduction, an additional 1.0% of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Government Code Section 20516.

4. Cost Sharing Implementation – All Tiers
The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee contributions will be made pursuant to Government Code Section 20516, Unit Member Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii), the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f) and shall extend beyond the expiration of this MOU and establish the status quo for purposes of future negotiations. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii).

5. Converting Sick Leave Balance
An employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965. Any accrued unused sick leave credit Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

that is paid out at termination pursuant to Article 8(D)(6) will not be available for conversion to service credit.

6. Other Options Included In CalPERS Contract
Employees shall be eligible for other options included in the City’s contract with CalPERS as stated in that contract, and allowed by law.

7. Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

8. All Provisions Subject to Requirements of Law
The parties recognize and agree that the City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this MOU and related practices, the City will comply with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or MOU terms.

B. SOCIAL SECURITY PAYMENT.

Employee contributions for Social Security are the responsibility of the employee and will not be reimbursed by the City.

C. DEFERRED COMPENSATION PLAN.

The City offers a deferred compensation plan under which employees may designate portions of their salaries to be deferred for tax purposes. The City will equally match an employee's deferred compensation contribution, not-to-exceed Fifty Dollars ($50.00) per month.

D. CAFETERIA PLAN.

The City allows employees to deposit up to $5,000.00 of their before-tax earnings into an account and pay themselves back for certain enumerated personal and dependent care expenses with tax-free dollars pursuant to Internal Revenue Code Section 125.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 12

BENEFITS ON TERMINATION/RETIREMENT
Upon termination/retirement of employment, all benefits provided by the City to an employee shall be terminated with the following exceptions:

A. COBRA CONTINUATION.

A terminated employee may be entitled to certain insurance coverage opportunities under the federally mandated COBRA Program.

B. CONTINUATION OF CERTAIN INSURANCE POLICIES.

Upon retirement, an employee enrolled in an insurance program (other than life insurance) maintained or sponsored by the City, may continue to be enrolled in such program subject to the conditions set forth below.

1. Conditions.
a. That continued enrollment has the approval of the insurance company concerned. b. Enrollment will cease at such time as the City terminates or converts an insurance program.
c. The retired employee shall either regularly reimburse the City for the full premium payment or make payments directly to the insurance company. d. Unused Sick Leave, Vacation Leave and/or Comp Time may be credited toward health insurance premium in the manner set forth below.

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums.

Retiring employees have the option of applying 100% of their unused sick leave accrued prior to July 1, 2012, Vacation Leave and/or Comp Time toward the payment of continuation insurance premiums, to the extent allowed by law. The total number of hours of leave shall be multiplied by the hourly rate of the employee at the time of retirement. The City will first apply Sick Leave, then Vacation Leave and finally Comp Time to the payment of the premiums. If the employee dies before the Sick Leave, Vacation Leave and/or Comp Time is depleted, the City will make a lump sum payment, less applicable withholdings, to the employee’s estate, at the following rates: the remaining Sick Leave multiplied by the employee’s hourly rate at retirement multiplied by .50; the remaining Vacation Leave and/or Comp Time multiplied by the employee’s hourly rate at retirement.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 13

GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINED.

A grievance is a formal allegation by a member of the Association or by the Association on behalf of a member, regarding an alleged violation of a specific provision of this MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline, including the content of performance evaluations, layoff, demotion, reprimand, transfer, denial of reinstatement or denial of step increase. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

B. PROCEDURE.

1. Step 1: Informal Discussion.

Within ten (10) calendar days of the occurrence of an act in dispute or within ten (10) calendar days of when a member should reasonably have become aware of the occurrence of the act in dispute, an employee shall discuss it with his or her immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, he or she may proceed to Step 2.

2. Step 2: Department Head Determination.

Any dispute not resolved at Step 1 may be submitted to the Department Manager in writing within ten (10) calendar days after the Supervisor’s response in Step 1. The written statement should cite the specific provision of this MOU in dispute. A copy of the written statement shall be provided to the affected employee’s immediate Supervisor.

Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee and the Department Head who shall attempt to resolve the matter. The Department Head shall give the employee a written reply within five (5) calendar days after such meeting.

If the employee is not satisfied with the response, he or she may proceed to the next step.

3. Step 3: City Manager Review.

Any dispute not resolved at Step 2 may be submitted in writing to the City Manager, with copies of the Step 2 response, within five (5) calendar days after the Department Manager’s response. The City Manager shall provide written confirmation of receipt of the dispute to the employee, and shall schedule a meeting within five (5) calendar days, to discuss the matter with the employee. After consideration of the facts, the City Manager shall give his or her written decision to the employee within ten (10) calendar days after the meeting.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

4. Step 4: City Council Review.

If the employee is not satisfied with the decision, the employee may request a hearing before the City Council. Such request for hearing must be submitted in writing within fifteen (15) days of receipt of the City Manager’s decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council Agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options: (1) refuse to hear the appeal; (2) make a decision on the documentation submitted; or (3) hold a hearing after which they shall make a decision.

The decision of the City Council shall be final.

C. DEADLINES.

The parties may mutually agree to extend any of the above deadlines in writing. Either party may extend the deadlines for reasons of prolonged illness, canceled meetings, or in response to other unavoidable circumstances.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 14

RESIGNATION, TERMINATION AND DISCIPLINARY ACTION
A. RESIGNATION.

An employee wishing to leave his or her service to the City in good standing shall file with the Department Head, at least two (2) weeks prior to leaving City service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Office with a Personnel Action Form. Failure to give two (2) weeks’ notice shall be entered upon the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give the required notice shall be reported immediately to the Human Resources Manager by the Department Head.

B. EXIT INTERVIEW.

Any person leaving City employment shall have the opportunity to meet with the City Manager.

The purpose of the meeting shall be to allow the City Manager to receive, and the employee the opportunity to provide, the employee’s candid observation of City employment in order to help improve personnel management and departmental functioning. Such interviews normally shall be conducted no earlier than fifteen (15) days prior to nor more than fifteen (15) days later than the employee’s effective date of retirement or termination of employment.

C. DISCIPLINARY AUTHORITY.

A Full-Time Employee may be disciplined or discharged by his or her Department Head, but shall have the right to appeal the discipline or discharge for final determination by the City Manager as set forth below.

D. PROBATIONARY EMPLOYEES.

In accordance with the City’s policy on Probationary Employees, Probationary Employees are not entitled to the Disciplinary Procedures or Appeal rights set forth in this Article 14.

Probationary Employees are at-will employees and may be disciplined or terminated at-will, without notice and without cause. The City has no obligation to limit its reasons for discipline or termination to those set forth in Subparagraph H. The City’s willingness to discipline or terminate an employee in accordance with this Article 14 does not alter the at-will status of the Probationary Employee’s employment.

E. DISCIPLINARY ACTIONS.

For employees who have passed the probationary period the City generally will apply principles of progressive discipline in response to actions constituting cause for discipline that reasonably are subject to remediation. However, the City may discipline employees without progression, up to and including termination, in instances where the City reasonably determines that the action at issue is sufficiently serious and/or remediation is not appropriate.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

The following are appropriate disciplinary actions that may be taken as corrective measures.

1. Reprimand.

An employee may be reprimanded by his or her Supervisor, Department Head, or the City Manager. A reprimand may be either verbal or written. A note may be made of a verbal reprimand and placed in the employee’s personnel file, and a written reprimand will be placed in the employee’s personnel file. Grounds for reprimand include, but are not limited to those listed in Subparagraph H below. Reprimands are not subject to Discipline Procedures and the right to Appeal. However, the employee has the right to meet with the Supervisor/Department Head who issued the reprimand before the reprimand is placed in the employee’s personnel file. The employee may also rebut the reprimand by providing a written statement which will be included in the employee’s personnel file along with the written reprimand.

2. Suspension.

An employee may be suspended by his or her Department Head. Suspension may be imposed for disciplinary purposes or may be imposed pending investigation and possible discharge. While the matter is being investigated, employee shall continue to receive salary and benefits.

Suspension shall be for a fixed period of time. Grounds for suspension include, but are not limited to those listed in Subparagraph H below. Suspension of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

3. Reduction in Salary.

A Department Head may reduce the salary of an employee for disciplinary reasons, provided that such reduction shall be to a step or percentage within the salary range of the Classification held by the employee. A new Anniversary date (for purpose of salary increases only) shall be established as of the effective date of the reduction in salary, unless the reduction is for a specified period of time, in which case the Anniversary date would not change, or unless otherwise recommended by the Department Head. Reductions in salary of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

4. Demotion.

A Department Head may demote an employee for disciplinary reasons to any Classification with a lower salary, provided the employee meets the minimum qualifications for the lower-level class. The employee shall not be eligible for promotion for a period of six (6) months unless otherwise recommended by the Department Head. Disciplinary demotions of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

5. Dismissal.

A Department Head may dismiss an employee for Cause, as set forth in Subparagraph H, below.

Dismissal of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

F. DISCIPLINARY PROCEDURE.

1. Initial Investigation.

An alleged violation of policy, procedure, rules, regulations, directives, orders, or laws shall be investigated by the employee’s Supervisor or other designated investigator before the employee may be subject to discipline for the violation. The investigator shall complete a written report of the investigation, including the employee’s statement, the specific violations, all available facts related to the alleged violation(s), and statements of witnesses, if any. The investigator may recommend appropriate discipline. Based on the information received in the investigation, the Supervisor shall determine appropriate disciplinary action.

2. Notice of Proposed Discipline.

The Supervisor shall provide written notice of the proposed disciplinary action to the affected employee. The notice of proposed discipline shall contain the following information:
 A statement which clearly defines the intent to take action and the specific action to be taken;
 The date the action is intended to take effect;
 A statement of the rule(s) or regulation(s) that has/have allegedly been violated;  A statement of the specific action, charge(s), and facts on which the proposed action is based;
 Copies of the written materials, reports, and documents considered by the Department Head in his/her decision to impose the proposed action.  Notice of the employee’s right to respond to the charges, verbally or in writing, to the Department Head within seven (7) calendar days of receipt of the Notice of Proposed Discipline. A statement that the failure to respond within the prescribed time period following receipt of the Notice of Proposed Discipline shall constitute a waiver of the right to respond and the proposed discipline will be imposed.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

3. Proposed Discipline Deferred.

If the employee or designated representative requests the right to respond, either orally or in writing, the imposition of proposed discipline shall be deferred until after a pre-disciplinary (Skelly) hearing.

4. Pre-Disciplinary (Skelly) Hearing.

Where a written or oral response has been elected, the Department Head shall schedule, coordinate, and conduct a Pre-Disciplinary Hearing within ten (10) calendar days of the employee’s request. The purpose of the hearing is for the employee to provide additional information and facts relevant to the alleged violation in order for the Department Head to have all the facts prior to making a final decision regarding the proposed disciplinary action. The employee may elect to have representation at the hearing. If the employee fails to appear at or provide a written statement for the Pre-Disciplinary Hearing, his or her right to appeal the proposed discipline is forfeited.

5. Notice of Disciplinary Action.

Within seven (7) working days of the Pre-Disciplinary Hearing, the Department Head will notify the affected employee with a written Notice of Disciplinary Action. The Disciplinary Action will have been made following a factual finding and review of all the information provided. If the Department Head determines not to impose any disciplinary action, he or she will notify the employee of this as well. The Notice of Disciplinary Action shall state the disciplinary action, the date it will take effect, and the employee’s right to appeal, if any. Disciplinary actions may be imposed prior to hearing the employee’s post Skelly Appeal hearing or other disciplinary hearing.

6. Paid Administrative Leave.

The Department Head shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action.

7. Exclusions.

The provisions of this Article 14 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions, employee reclassifications, reprimand, transfers without loss of pay, performance evaluations, or economic layoffs. Nor do the provisions of this Article 14 apply to Probationary Employees.

G. APPEAL.

1. Right of Appeal.

An employee who has received a Notice of Disciplinary Action that provides for the right to appeal may, within fourteen (14) calendar days of its receipt, appeal the decision pursuant to the Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

procedures set forth below. An employee, who fails to appeal the disciplinary action within the fourteen (14) day time period, forfeits his or her appeal and the disciplinary action shall be final and binding.

2. Procedure.

In order to Appeal the Disciplinary Action, the employee shall file with the City Manager a written answer to the charges contained in the Notice of Proposed Disciplinary Action and/or the Notice of Disciplinary Action and request the right to appeal the City’s disciplinary action (collectively, the “Request to Arbitrate”). Upon receipt of the Request to Arbitrate, the City Manager shall initiate the Appeal process.

3. Appointment of Hearing Panel.
a. The Hearing Panel shall consist of one person selected by the City, one person selected by the Association, and a neutral chairperson selected jointly by the City and the Association.
b. The neutral panel chairperson shall be selected jointly by the parties within fourteen (14) calendar days of receipt by the City Manager of the employee’s Request to Appeal.
c. If the parties are unable to mutually agree on a neutral panel chairperson within the fourteen-day period, the City shall solicit a list of seven (7) neutrals from the State of California Mediation/Conciliation Service. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrators’ names from the list until one remains. The parties shall make every effort to complete the striking process within ten (10) calendar days of receipt of the list from the State. d. If the neutral selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated within the same time period, unless the parties can otherwise mutually agree on the selection of a neutral chairperson.
e. The cost of the neutral shall be shared equally, with fifty percent (50%) of the fee paid by the City and fifty percent (50%) of the fee paid by the Employee.

4. Pre-Hearing Matters.

The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the panel members and the availability of counsel and witnesses. The arbitration hearing shall be private. The panel may, prior to or during the hearing, grant a continuance for any reason the panel believes to be important in order to reach a fair and proper decision. Neither party shall have ex parte communications with the neutral panel chairperson.

5. Conduct of the Hearing.
a. The hearing shall be conducted in the manner most conducive to the determination of the truth. Both the City and the employee may be represented by legal counsel Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

or may elect to proceed without counsel. The employee may choose to be represented by an Association representative.
b. The panel shall determine the relevancy, weight, and credibility of the testimony and evidence. The panel shall not be bound by the technical rules of evidence. The panel shall base its finding on the preponderance of the evidence. The City shall have the burden of proof.
c. Each side will be permitted an opening statement and closing argument. The City shall first present its witnesses and evidence to sustain the charges and the employee will then present his/her witness(es) and evidence to rebut the charges. d. A court reporter will be retained by the City to make a transcript of the hearing. No audio or video tape recording will be permitted. The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and at his/her own cost.
e. Each side will be allowed to examine and cross-examine witnesses. The employee filing the appeal may be called and examined as if under cross-examination. f. The panel shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence. The panel may consider the records of any relevant prior disciplinary actions against the employee, as long as those actions are final.

6. Findings of the Panel.

After the conclusion of the hearing, the hearing panel shall prepare a recommended decision based on its findings of fact and application of law, and forward it to the City, the employee, and the Association. The recommended decision shall set forth which charges the panel sustains or does not sustain and the reason(s) for the panel’s decision. The panel’s findings and recommended decision must be supported by a majority of the panel members (i.e., at least two panel members must agree on each finding or recommendation).

7. Decision of the City Manager.

After receiving and considering the recommendation of the hearing panel, the City Manager may sustain or reject any or all of the charges filed against the employee. The City Manager may sustain, reject or modify the disciplinary action invoked against the employee. However, the City Manager may not increase the severity of the discipline originally invoked by the City.

H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE:

The following are deemed sufficient cause to warrant disciplinary action. However, cause to discipline an employee is not limited to these reasons alone:
 Absence without prior approval or excessive tardiness.  Use of, or being under the influence of illegal drugs or alcohol while on City business, or during work hours, or while representing the City.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

 Violation of the City’s anti-discrimination, anti-harassment policies and/or workplace violence policies.
 Failure to maintain any employment qualification, including but not limited to driver’s license or other certifications.
 Theft, pilferage, or misuse of City property.
 Falsification of public records.
 Dishonesty.
 Disorderly or immoral conduct.
 Incompetence.
 Failure to meet expected performance standards.
 Neglecting to perform expected job duties.
 Inability to perform the essential duties of the job (with reasonable accommodation, if required by law).
 Insubordination or willful or disobedience.
 Negligence or willful damage to public property or the personal property of another employee.
 Fraud in securing employment.
 Discourteous treatment of the public or other employees.  Conviction of a felony (including pleas of guilty and nolo contendere), or a conviction of a misdemeanor (including pleas of guilty) where the misdemeanor conviction is related to the position held.
 Violation of any reasonable regulation, policy, rule, SOP, or order.  Failure to maintain satisfactory working relationships with supervisors, employees, contractors, or the public.
 Interference with the work performance of others.
 Acceptance of bribes or extortion.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

 Acceptance of any gift, reward, or other form of compensation in addition to regular compensation for performance of official duties other than as provided for by written City policy.
 Illegal gambling on City property or during working hours.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 15

LAYOFF PROCEDURE
The procedures set forth in the City of St. Helena Layoffs and Furloughs Policy shall apply during the term of this MOU.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 16

SEPARABILITY
Notwithstanding any provisions of this MOU to the contrary, in the event that any Article or Subsections thereof of this MOU shall be declared invalid by any Court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any Court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this MOU or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles and Subsections thereof affected. All other provisions of this MOU shall continue in full force and effect.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 17

TERM & COMPLETION OF NEGOTIATIONS
Following approval by the City and the Association and ratification by the City Council, the term of this MOU shall commence on July 1, 2022 and shall expire on June 30, 2025.

The City and the Association shall have one reopener for each party during the term of the agreement.

During the term of this Agreement, the Association and the City agree that neither party shall be obligated to meet and confer with respect to any subject or matter covered by this Agreement, except as follows:
 The parties agree to meet and confer on any mandatory subjects of bargaining which have the potential to affect wages, hours, and other terms and conditions of employment (as defined by the MMBA), any City-proposed changes to the SHEA job descriptions, Employee Handbook and/or related policies and procedures;
 The parties may mutually agree to meet and confer on any topic.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

ARTICLE 18

SIGNATURES
This Memorandum of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:

ST. HELENA EMPLOYEES ASSOCIATION

REPRESENTATIVE
__________________________________________

REPRESENTATIVE
CITY OF ST. HELENA
Approved by the City Council by Resolution Number 2022-XX

CITY MANAGER
Agenda Item #9.2.

MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA EMPLOYEES ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
JULYANUARY 1, 202218 THROUGH JUNE 30, 20250
EXHIBIT A Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

TABLE OF CONTENTS
ARTICLE 1: PREAMBLE………………………………………………………………. 6
ARTICLE 2: RECOGNITION…………………………………………………………… 7
ARTICLE 3: ASSOCIATION & CITY RIGHTS………………………………………... 8 A. ASSOCIATION RIGHTS………………………………………………... 8
B. CITY RIGHTS……………………………………………………………. 8
ARTICLE 4: DEFINITIONS……………………………………………………………... 10
ARTICLE 5: HOURS OF WORK & SCHEDULES…………………………………… 13
A. BUSINESS HOURS…………………………………………………….. 13
B. HOURS OF WORK………………………………………………...…. 13
C. FLEX SCHEDULE………………………………………………… ………13

1. Eligibility………………………………………………………... 13

2. Schedule………………………………………………………..... 14
D. MEAL BREAKS………………………………………………………... 15
E. REST BREAKS…………………………………………………………. 15
F. SHEA ATTENDANCE AT BUDGET MEETINGS………………….. 16
ARTICLE 6: PERSONNEL MATTERS………………………………………………... 17
A. PROBATIONARY PERIOD……………………………………………. 17

1. Probationary Period……………………………………………... 17

2. Termination during Probationary Period………………………... 17

3. Extension of Probationary Period……………………………….. 17
B. EMPLOYEE EVALUATIONS…………………………………………. 17
ARTICLE 7: PAY PLAN……………………………………………………………….. 18
A. SALARY SCHEDULE…………………………………………………. 18

1. 202218 Salary Schedule Increase …………………………………. 18

2. 202319 Salary Schedule Increase………………………………….. 18

2.3. 2024 Salary Schedule Increase………………………………….. 18
B. EQUITY ADJUSTMENTS……………………………………………... 18
CB. SALARY UPON APPOINTMENT…………………………………….. 198
DC. STEP INCREASES……………………………………………………... 198

1. Steps……………………………………………………………... 198

2. Qualifications for Step Increase…………………………………. 198
ED. COST OF LIVING ADJUSTMENT……………………………………. 19
FE. HOURLY RATES………………………………………………………. 19
GF. OVERTIME…………………………………………………………....... 2019

1. General Policy…………………………………………………… 2019

2. Overtime Compensation………………………………………… 2019
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

3. Compensatory Time Off………………………………………… 2019

4. Overtime Meal…………………………………………………... 20
HG. HOLIDAY PAY ON HOLIDAYS…...…………………………………. 20
IH. STANDBY PAY………………………………………………………… 210
JI. MINIMUM CALLOUT TIME………………………………………….. 210
KJ. LONGEVITY PAY……………………………………………………... 210
LK. BILINGUAL PAY…………………………..…………………………... 21
ML. OUT-OF-CLASS PAY…………………………………………………. 221
NM. REPORTING TIME WORKED………………………………………... 221
ON. SHIFT DIFFERENTIAL………………………………………………… 221
ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE……………………………… 22 A. VACATION LEAVE……………………………………………………. 22

1. Rate of Accrual or Award……………………………………….. 22

2. Administration…………………………………………………... 22
B. HOLIDAYS……………………………………………………………... 23

1. Holidays…………………………………………………………. 23

2. Exceptions……………………………………………………….. 24

3. Observance………………………………………………………. 24

4. Holiday Pay……………………………………………………… 24
C. PERSONAL CONVENIENCE HOLIDAY…………………………….. 24
D. SICK LEAVE AND FITNESS FOR
DUTY……………………………………………………………………. 24

1. Accrual and Use………………………………………………..… 24

2. Administration/Fitness for Duty………………………………….. 25

3. Reason for Granting……………………………………………... 25

4. Limitations and Related Provisions……………………….……… 25

5. Sick Leave Abuse……………………………………………….. 26

6. Pay-out of Sick Leave at Termination of Employment………… 26 E. BEREAVEMENT LEAVE……………………………………………… 27
F. JURY OR WITNESS DUTY……………………………………………. 27
G. ADMINISTRATIVE LEAVE WITH PAY……………………………... 27
H. DISCRETIONARY LEAVE WITHOUT PAY…………………………. 27

1. Permissible Reasons for Leave………………………………….. 27

2. Procedure………………………………………………………... 27

3. Regulation Relative to Discretionary Leave Without Pay………. 27 I. PREGNANCY DISABILITYMATERNITY
LEAVE………………………………………………….. 29
J. CFRA AND FMLA LEAVE……………………………………………. 29
ARTICLE 9: CERTIFICATION AND OTHER BENEFITS….……………………….. 30 A. SPECIALIZED SCHOOLS AND TRAINING…………………………. 30

1. Specialized Schools and Training……………………………….. 30

2. Certification Pay………………………………………………… 30
B. UNIFORMS……………………………………………………………... 31
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

C. TOOLS AND EQUIPMENT……………………………………………. 32
ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE……….. 34 A. HEALTH INSURANCE………………………………………………… 34
B. DENTAL INSURANCE………………………………………………… 34
C. VISION INSURANCE………………………………………………….. 34
D. LIFE INSURANCE……………………………………………………... 34
E. SUPPLEMENTAL LIFE INSURANCE...……………………………… 34
F. DISABILITY INSURANCE…………………………………………… 34
ARTICLE 11: RETIREMENT, SOCIAL SECURITY, DEFERRED COMPENSATION A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)…………… 35 B. SOCIAL SECURITY PAYMENT…………………………………….… 38
C. DEFERRED COMPENSATION PLAN ……………………………….. 38
D. CAFETERIA PLAN DEPENDENT CARE ASSITANCE……………… 38
ARTICLE 12: BENEFITS ON TERMINATION/RETIREMENT……………………... 39 A. COBRA CONTINUATION…………………………………………….. 39
B. CONTINUATION OF CERTAIN INSURANCE POLICIES………….. 39

1. Conditions……………………………………………………….. 39

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums…………………………………………………… 39
ARTICLE 13: GRIEVANCE PROCEDURE…………………………………………… 40
A. GRIEVANCE DEFINED…..…………………………………………… 40
B. PROCEDURE…………………………………………………………… 40

1. Step 1: Information Discussion………………………………….. 40

2. Step 2: Department Head Determination………………………... 40

3. Step 3: City Manager Review…………………………………… 40

4. Step 4: City Council Review…………………………………….. 41
C. DEADLINES……………………………………………………………. 41
ARTICLE 14: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION… 42 A. RESIGNATION…………………………………………………………. 42
B. EXIT INTERVIEW……………………………………………………... 42
C. DISCIPLINARY AUTHORITY………………………………………... 42
D. PROBATIONARY EMPLOYEES…………………………………………42
E. DISCIPLINARY ACTIONS……………………………………………. 42

1. Reprimand……………………………………………………….. 43

2. Suspension………………………………………………………. 43

3. Reduction in Salary……………………………………………… 43

4. Demotion..………………………………………………………. 43

5. Dismissal………………………………………………………… 44
F. DISCIPLINARY PROCEDURE………………………………………... 44

1. Initial Investigation……………………………………………… 44

2. Notice of Proposed Discipline…………………………………... 44
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

3. Proposed Discipline Deferred…………………………………… 45

4. Pre-Disciplinary (Skelly) Hearing………………………………. 45

5. Notice of Disciplinary Action…………………………………… 45

6. Paid Administrative Leave………………………………………. 45

7. Exclusions……………………………………………………….. 45
G. APPEAL………………………………………………………………… 45

1. Right of Appeal………………………………………………….. 46

2. Procedure………………………………………………………... 46

3. Appointment of Hearing Panel.…………………………………. 46

4. Pre-Hearing Matters……………………………………………... 46

5. Conduct of Hearing……………………………………………… 46

6. Findings of the Panel……………………………………….. 45

7. Decision of the City Manager………………………………. 45
H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION,
SUSPENSION OR DISCHARGE INCLUDE………………………….. 47
ARTICLE 15: LAYOFF PROCEDURE………………………………………………… 50
ARTICLE 16: SEPARABILITY………………………………………………………... 51
ARTICLE 17: TERM & COMPLETION OF
NEGOTIATIONS………………………………………………………… 52
ARTICLE 18: SIGNATURES…………………………………………………………... 53
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 1

PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as “City,” and the St. Helena Employees Association, hereinafter referred to as “Association,” pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. This includes meeting and conferring on matters which have the potential to affect wages, hours, and other terms and conditions of employment. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment.

Employees subject to this MOU are also covered by the City of St. Helena’s Employee Handbook currently in effect (Employee Handbook) and related City policies and procedures. In the event of a conflict between this MOU and the Employee Handbook or other City policies or procedures, the MOU shall control. As noted in Article 17, the City is in the process of replacing the Employee Handbook with updated policies, has provided notice to the Association of proposed changes, and will meet and confer regarding those changes to the extent required by the MMBA.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 2

RECOGNITION
The City recognizes the Association as the recognized and exclusive representative for the following full-time classifications and the corresponding job descriptions (part-time positions are not included in the bargaining unit represented by the Association):
- Accounting TechnicianAssistant I, II, III
Accounting Technician
- Administrative Assistant
- Administrative Records Assistant
Administrative Secretary
- Assistant Engineer
- Associate Engineer
- Assistant Planner
- Associate Planner
- Buildings & Streets Superintendent
Building Permit Technician I, II, III
- Capital Project Coordinator
- Chief Plant Operator - Water & Wastew Water
- Chief Water Distribution Operator
- Environmental Services Technician I, II
- Executive Assistant
- Fire Inspector
- Human Resources TechnicianManager/Accounting Technician II - Junior Engineer
- Lead Maintenance Worker
- Lead Maintenance Worker – Underground Utilities
- Librarian I, II
Library Assistant I, II
- Library Associate I, II
- Maintenance Worker I, II, III
- Maintenance Worker I, II – Underground Utilities
- Office Assistant
- Parks & Trees Superintendent
- Permit Technician I, II, III
- Plant Operator I, II, III - Water & Wastew Water
- Plant Operator in Training - Water & Wastew Water
- Recreation Supervisor
- Public Works Supervisor
- Senior Accounting Technician
- Senior Librarian
- Senior Libraryian Associateistant
- Underground Utilities Superintendent
Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 3

ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution or regulation directly relating to matters within the scope of this MOU.

2. Reasonable use of one (1) bulletin board at City Hall.

3. The right to payroll deductions made for payment of Association dues and for Cityapproved programs.

4. The right to represent its members before the City Council or the City Council’s designee with regard to wages, hours and other matters within the scope of representation, subject to the provisions of applicable Federal, State or City laws and regulations. Inclusion of topics in this MOU does not deem them “negotiable” as that term is defined by applicable law.

5. The use of City facilities for regular, normal and lawful Association activities, providing the appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

6. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

7. In compliance with AB 119, the City will notify the SHEA Chairperson (or other designated representative) at least 10 days before a new employee orientation meeting, and allow a SHEA representative to meet with the new employees for up to 15 minutes at the end of the initial orientation meeting. If an employee is scheduled to receive orientation in fewer than 10 days from the date of hire, then the City will provide SHEA with as much advance notice as reasonably possible of the scheduled orientation meeting.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

To insure that the City is able to fulfill its constitutional and statutory functions and responsibilities, the City retains its rights, including, but not limited to, the right to direct the work force; to select and determine the number of employees and skills required; to determine job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with requirements of the City; to establish and change Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to determine and change methods of operations; to determine and change work locations and the processes and materials to the employee; to take all necessary actions to perform its functions in emergencies.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 4

DEFINITIONS
The words and terms have the following meanings:

Anniversary. The date upon which service time is computed for purposes of step advancement and accrual of vacation and sick leave benefits. (Usually the date of first employment.) Average Work Day. In any case for which the time period to be considered is twelve calendar months, the average work day is the number of hours worked in the preceding twelve months, divided by two thousand eighty, then multiplied by eight.

Benefits or Benefit Package. City-paid Insurance, paid leaves, holidays, and other non-salary items which are part of the compensation paid to any employee.

City. The City of St. Helena, California.

City Manager. The administrative head of the government of the City. The City Manager is responsible for the efficient administration of the affairs of the city, which affairs are under his or her control. The City Manager is considered a Department Head. The City Manager reports to and serves at the pleasure of the Council.

City Service. All positions in all departments and agencies of the City that are subject to control and regulation by the City Council of the City of St. Helena.

Classification. A particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or Compensation may fairly be made to apply.

Compensation. The salary, wages, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of his or her service in a Position, but not including reimbursement for expenses incurred in the course of employment.

Confidential Employee. An employee having access in the course of his/her duties to confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information to the Association.

Continuous Employment. Period of uninterrupted employment including holidays and authorized leave but not including periods of leave without pay or times on suspension.

Council. The City Council of the City of St. Helena.

Department Head. A member of the managerial staff of the City, consisting of the City Manager, the Assistant City Manager, the Fire Chief, the Police Chief, the City Clerk, the Director of Public Works, Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

the Planning & Building Director, the Library Director, the Parks & Recreation Director, the Administrative ServicesFinance Director and the City Attorney.

Emergency. Emergency shall include an event that damages or continues to threaten damage to the public health, safety, welfare, or property and shall include but not be limited to the following:

The repair or clearance of streets necessary for continued access to properties, including street sweeping.

The repair of public utility facilities.

The repair of City equipment necessary to maintain public safety services.

Activities associated with natural or man-made catastrophe.

Ongoing investigation, surveillance, or similar police activities and the obtaining and serving of search warrants.

Shortage of personnel necessary to maintain public safety services.

Employee. A person legally occupying a full-time Position or office in the City Service that is listed in Article 2, and receiving compensation for services, other than an independent contractor. Employee and Full-Time Employee have the same meaning as used in this MOU.

Full-Time Employee. An employee who regularly works forty hours per week and is paid a monthly salary.

Job Description. A formal account of an employee’s responsibilities in regards to their classification and position.

Non-Probationary Employee. An employee who has successfully completed the Probationary Period.

Position. The title of an occupation along with a group of duties and responsibilities assigned or delegated by competent authority, which requires the full or part time service of one person.

Probationary Employee. An employee who has not yet completed a prescribed Probationary Period.

Probationary Period. The length of continuous service for which an employee must serve in order to attain the status of Non-Probationary Employee.

Salary or Pay. The monetary portion of compensation paid to an employee.

Standby. A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This will normally include either remaining at his/her home telephone or otherwise arranging for the immediate and convenient notification of an emergency condition, and being prepared to immediately report to the site of the emergency.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

Supervisor. The mid-management staff of the City to include the designated assistant to a Department Head or the head of a sub-department or division of a department.

Title. The name applied to a Classification or to each Position included in the Classification.

Work Day.

One calendar day during which an employee is normally scheduled to work. If the employee is engaged in shift work that begins on one calendar day and ends on the following day, only one work day is denoted.

The number of hours of work contained in a calendar day for a given employee, in no case more than eight hours for a Full-Time Employee unless specified otherwise.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 5

HOURS OF WORK & SCHEDULES
A. BUSINESS HOURS.

The normal business hours of the City are from 8:00 a.m. to 5:00 p.m. Monday through Friday, except:
 Library hours may vary.
 Parks hours include Saturday and Sunday.
 Streets, Parks, Water, Water Treatment and Waste Water Treatment Department Hours are from 7:00 a.m. to 3:30 p.m.
 Hours of operation differing from these guidelines may be established for any office or Department in order to meet the needs of the City and the citizens of St.

Helena.

Employee work schedules shall be established consistently with the provisions of this Article 5.

The City will provide SHEA and any affected employee with at least 21 days’ notice before making a permanent change to the employee’s work schedule.

B. HOURS OF WORK.

Five (5) days of eight (8) hours per day for forty (40) hours per week constitute the normal work schedule for all employees. The standard workweek for these employees shall begin on Sunday at 12:01 a.m. and end of the following Sunday at 12:00 a.m. To the maximum extent practicable, work schedules for employees not working normal business hours shall be arranged so that the employee will work for five (5) consecutive eight (8) hours days, followed by two (2) days off.

Employees are expected to be at their assigned place of work and prepared to commence work with tools at hand at the assigned time.

C. FLEX SCHEDULE.

1. Eligibility.

A Flex Schedule is available to Association employees in order to allow them time during the workweek to accomplish tasks which do not require public contact (i.e., outside of the 8:00 a.m. to 5:00 p.m. public hours).

The Flex Schedule is voluntary, and subject to agreement by the employee and approval by the Department Head. Except in cases of emergency, the Department Head must provide at least 30 days’ notice to terminate an employee’s Flex Schedule.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

The Flex Schedule will not impact the accrual of vacation, Sick Leave or other benefits. Vacation time or Sick Leave time will be deducted at the number of hours per day for those days which the leave is taken. For example, if an employee is absent on a day he or she was scheduled to work nine (9) hours, nine (9) hours of leave time shall be deducted, and if the employee is absent on a day he or she was scheduled to work eight (8) hours, eight (8) hours of leave time shall be deducted.

2. 9/80 Schedule and Workweek.

Employees on a 9/80 schedule are scheduled to work eight (8) nine hour days, one (1) eight hour day, and will have one (1) day off every two weeks.

The scheduled one (1) day off every two weeks shall be either Monday or Friday as approved by the Department Head, but must be consistent from week to week. Employees cannot change or flex their scheduled one (1) day off, unless the change is intended to be permanent and approved by the City.

For all employees working a 9/80 schedule, their workweek shall begin exactly four (4) hours into their eight (8) hour shift on the day of the week which constitutes their alternating day off.

For example, for an employee scheduled to work from 8:00 a.m. – 6:00 p.m. with every other Friday off, the workweek shall begin at noon on Friday, and end at noon the following Friday. a. Employees Scheduled with Every other Friday Off.

During a two week cycle, an employee working the 9/80 Flex Schedule will work nine hours per day Monday through Thursday and eight hours on Friday the first week. During the second week, the employee will work nine hours per day Monday through Thursday and be off on Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four hours into the employee’s eight hour shift.

In those instances where a holiday falls on the Friday-Off, the preceding work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time off; or (2) working one additional hour on a scheduled work day during the same workweek that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of nine hours per day Monday – Thursday and in excess of eight Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

hours on Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA. b. Employees Scheduled with Every Other Monday Off
During a two week cycle, an employee working the 9/80 Flex Schedule will work eight hours on Monday and nine hours per day Tuesday through Friday the first week.

During the second week, the employee will be off on Monday and work nine hours per day Tuesday through Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four (4) hours into the employee’s eight (8) hour shift.

In those instances where a holiday falls on the Monday-Off, the subsequent work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time-off; or (2) working one additional hour on a scheduled work day during the same work week that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of eight hours on Monday and in excess of nine hours per day Tuesday – Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA.

D. MEAL BREAKS.

Full-Time Employees are scheduled a period of between 30 and 60 minutes, generally in the middle of the workday, during which they are free to eat a meal or do personal errands. Unless directed otherwise, employees are not paid for this time and are free to leave the workplace.

E. REST BREAKS.

For each four (4) hours of work, conditions permitting, employees are granted a fifteen (15) minute rest break during which they may engage in personal conversations, move about, and otherwise “take a break” from the normal duties of their assignments. This time will be paid by the City as part of the workday.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

F. SHEA ATTENDANCE AT BUDGET MEETINGS.

One Association officer shall be permitted to attend Council budget meetings held during work hours provided their absence does not create a hardship in the employee’s department nor require employee overtime.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 6

PERSONNEL MATTERS
A. PROBATIONARY PERIOD.

1. Probationary Period.

Each new Employee shall be a Probationary Employee until successful completion of 12 months of Continuous Employment. The purpose of the Probationary Period is to give the Probationary Employee the opportunity to demonstrate that he or she is qualified, able, and willing to meet the expectations of the City with regard to the Position.

2. Termination During Probationary Period.

If at any time prior to successful completion of the Probationary Period the City Manager determines that it is in the best interest of the City to terminate the employment of the Probationary Employee, it will be in his or her discretion to do so without further justification. Probationary Employees are not entitled to the Disciplinary and Appeal Procedures set forth in Article 14 of this MOU and may be terminated at will, with or without notice.

3. Extension of Probationary Period.

If it appears that the employee will not successfully complete the prescribed Probationary Period, the City Manager also has the discretion of extending the Probationary Period once for an additional six months, if the City Manager feels it is in the best interest of the City to do so.

B. EMPLOYEE EVALUATIONS.

Each employee shall be evaluated no less than annually by his/her Supervisor, according to a system approved by the City Manager. Each employee’s evaluation shall be reviewed with the employee by the Department Head, after which the employee is expected to sign the evaluation.

Signing the evaluation does not indicate agreement with that evaluation, and the employee may submit reasonable comments in explanation or rebuttal to its contents. After review by the City Manager, employee evaluations, including reasonable material submitted by the employee, will be placed in the employee’s personnel file. A satisfactory or above evaluation must be obtained before each promotion, Classification upgrade, or step increase is granted.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 7

PAY PLAN
A. SALARY SCHEDULE
Salaries paid and any special compensation shall be in accordance with the most recent applicable salary resolution adopted by the City Council, and any amendments thereto. Such resolutions are hereby incorporated as part of this MOU and are available from the City Clerk. During the term of this MOU, the salary schedules shall be increased as follows:

1. 2018 Salary Schedule Increase: Effective January 9, 2018, the Salary Schedule shall be increased by 2.5% over the 2017 salary schedule.

2. 2019 Salary Schedule Increase: Effective July 1, 2018, the Salary Schedule shall be increased by 3.5% over the 2018 salary schedule.

1. 7/1/22 – COLA increase of 5% for all SHEA members

2. 7/1/23 – San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%

3. 7/1/24 - San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%
B. EQUITY ADJUSTMENT
The City will provide equity adjustments for SHEA represented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both the City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation. Ralph Anderson & Associates provided updated information to the City in May 2022 based off the cities/entities used in the previous study. Attachment A provides a summary of the percent increase in salary to arrive at market median (95%) for each SHEA position as of May 2022.

Equity adjustments will take place every 6 months until each classification is within the range and will be as follows:
 7/1/22 – Equity adjustment of 4.5%
 1/1/23 – 2% equity adjustment
 7/1/23 – 2% equity adjustment
 1/1/24 – 2% equity adjustment
 7/1/24 – 2% equity adjustment
 1/1/25 – 2% equity adjustment
July 1st equity adjustments will be combined with the COLA for salary adjustment calculations.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

C. SALARY UPON APPOINTMENT.

Employees appointed to a Position in City Service shall normally be placed in Step “A” of the range. Subject to approval of the City Manager for reasons of an applicant’s outstanding qualifications or for the needs of the City, appointment may be at a higher step. A current City employee being promoted into a range with a higher top step will normally receive at least a five percent (5%) increase.

D. STEP INCREASES.

1. Steps.

Upon completion of the following periods of service, a Full-Time Employee becomes eligible for the next higher step as follows:
 Six (6) months at Step A to become eligible for Step B  Six (6) months at Step B to become eligible for Step C  Six (6) months at Step C to become eligible for Step D  Twelve (12) months at Step D to become eligible for Step E

2. Qualifications for Step Increase.
a. Employees may be granted a step increase after having served for the designated qualifying period and after a performance evaluation finding that the employee’s performance was not less than satisfactory.
b. In unusual cases, upon recommendation of the Department Head, where special ability and aptitude is demonstrated, the City Manager may approve advancement of an employee to a higher step before completion of the normal qualifying period.

E. COST OF LIVING ADJUSTMENT (COLA).

In considering COLAs for subsequent agreements, the parties will consider the San Francisco/Oakland/Hayward CPI-U (April/April)San Francisco, Oakland-San Jose All Urban Consumers Index.

F. HOURLY RATES.

Where any annual pay rate is to be converted to a salary hourly equivalent, the annual rate of pay shall be divided by 2080 to determine the hourly rate. Daily rates are equivalent to the appropriate hourly rate multiplied by eight (8) hours.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

G. OVERTIME.

1. General Policy.

Employees must get pre-approval from their supervisor before working overtime. In cases of emergency or other unusual unforeseen circumstances, if the employee’s supervisor is not available to approve the overtime work in advance, the employee shall contact the employee’s department head, Administrative ServicesHuman Resources Director, Assistant City Manager, or, City Manager as soon as possible to seek approval of the overtime work, and may begin critical overtime work without specific advance authorization if needed to address emergency situations.

2. Overtime Compensation.

Unless the employee is working a Flex Schedule (see Article 5, section C.2 , above), work in excess of eight (8) hours per day or forty (40) hours in a workweek, shall be paid at the rate of one and one-half (1.5) times the regular rate of pay; work in excess of twelve (12) hours per day shall be paid at the rate of twice the regular rate of pay. If the employee requests, a Department Head may, at his/her discretion, approve the accumulation of compensatory time to be taken off in lieu of overtime pay. An employee may accumulate up to a maximum of eighty (80) hours of compensatory time. When earned, compensatory time is accumulated at the same rate as if it were to be paid (i.e., at the rate of 1.5 times the regular rate for hours above 8 but less than 12 in one day).

3. Compensatory Time Off.

An employee, who has accumulated compensatory time as described in Subsection 7.F.2 above, may request time off, to be charged against the accumulated compensatory time.

The Department Head will permit the requesting employee to use the time within a reasonable period after the request is made unless using the time will unduly disrupt the City’s operations.

4. Overtime Meal.

If an employee is required to work more than twelve (12) hours with no breaks longer than one (1) hour, the City will provide that employee a meal.

H. HOLIDAY PAY ON HOLIDAYS.

When required to work on a holiday, an employee shall be paid twice the rate of pay at which the employee would be paid on a non-holiday. This section is not applicable to Standby Pay since call-out is not a normal designated work day.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

I. STANDBY PAY.

Standby Pay shall be paid at a rate of $100.00 per weekend to those employees in the Public Works Department who are required to be on Standby on weekends (3:30 p.m. Friday to 7:00 a.m. Monday), $100.00 per week for those employees who are required to Standby for the week (Monday – Friday) and $100.00 for those employees who are required to Standby on holidays (3:30 p.m. to 7:00 a.m. of the next regular work day).

On a rotational basis, the Public Works employees shall be assigned to provide standby coverage for an entire week (Friday 3:30 pm until the following Friday at 7:00 am). The employee shall take a city vehicle home when scheduled for this assignment and the compensation for the standby period shall be $525.00 for said week. If a holiday falls on the Friday at the end of the of the standby period the employee shall receive an additional $100.00 for the extension of the standby assignment. The same would apply if the holiday falls on a Friday at the beginning of the standby period and the employee would be on call from ThursTuesday throughu the following Friday.

Public Works employees shall be compensated in 15 minute increments for time worked while on standby handling phone calls from dispatch. City management shall develop a process for including such time on employee timesheets.

J. MINIMUM CALLOUT TIME.

The minimum time charged for being called to work for an emergency shall be two (2) hours (home to home). In addition, such call out time shall be paid at the overtime rate.

K. LONGEVITY PAY.

Full-Time Employees shall be eligible to receive longevity pay according to the dates and rates below:

Years of Continuous City Employment Total Longevity Pay 5 years 2.5% of base salary
10 years 5.0% of base salary
15 years 7.5% of base salary
20 years 10% of base salary
L. BILINGUAL PAY.

Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business. For employees who are certified as fluent in both written and verbal Spanish language, Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

such pay will be five percent (5%) of the designated employee’s base salary. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and onehalf percent (2.5%) of the designated employee’s base salary. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.

M. OUT-OF-CLASS PAY.

Pay for Performing Full Duties of Higher Class
When, because of the absence of a Department Head or other Supervisory personnel, an employee performs substantially all of the functions (full-time) of the higher Classification, the employee will receive an increase of ten percent (10%) of his/her base hourly equivalent wage.

The increase will be effective after the third (3rd) week of the assumption of those duties and continue during the period those duties are being performed by the employee on a full-time basis.

Out-Of-Class-Pay must be pre-approved, in writing, by a Department Head or the City Manager.

Pay for Performing Partial Duties of Higher Class
When an Employee is temporarily assigned for at least a period of one month to perform substantial functions of a higher classification for at least a period of one month, but does not perform those additional duties on a full-time basis and/or the Employee assigned to the position normally responsible for the duties is not absent, and/or the duties relate to a temporary project that would be assigned to a higher classification position but cannot be so assigned (as determined in the sole discretion of the City Manager) due to competing operational needs and workload, the City Manager has the discretion to provide an increase of up to ten percent (10%) of the Employee’s normal base wage effective on the first day of assumption of the substantial additional duties and continuing until the City Manager determines that the assignment of the additional duties ceases. This additional pay is provided at the City Manager’s sole discretion and must be pre-approved in writing. Under current CalPERS rules and regulations, tThis pay for performing partial duties of the higher class is not reportable special compensation.

N. REPORTING TIME WORKED.

Employees are responsible for reporting on a prescribed form, all hours worked and leave taken during the pay period. The employee is responsible for securing the signature of his/her immediate Supervisor on the form, indicating approval of the hours submitted. The employee is also responsible for seeing that the required documentation for approved leave or overtime worked is attached to the time report. In the event employees are unable to accurately report all time, due to the need to submit the time report prior to the end of the pay period, they shall be responsible for bringing that fact to the attention of their Department Head(s) as soon as practicable, so the payroll records can be adjusted accordingly.

O. SHIFT DIFFERENTIAL

1. Shift differential for purposes of the article is defined as a shift that occurs on a Saturday or Sunday.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

2. Any miscellaneous employee who works an assigned regular time shift as described in “1” above, shall be paid an additional five percent (5%) of their base hourly rate for each hour worked. No shift differential will be paid on sick leave, vacation, CTO or any other time-off or for hours worked as a result of being called in while on standby.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 8

TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE.

1. Rate of Accrual or Award.

Employees shall accrue or be awarded vacation pay based on their years of Continuous Employment at the following rates:
a. Less than five years of Continuous Employment: Full-Time Employees earn vacation at the rate of ten days per year. Vacation accrues on a monthly basis (six hours and forty minutes per month).
b. After five years of Continuous Employment with the City, Full-Time Employees will accrue vacation at the rate of fifteen days per year; after six years, sixteen days; after seven years, seventeen days; eight years, eighteen days; nine years, nineteen days; and ten years, twenty days per year.
c. After twenty-five years of Continuous Employment with the City, Full-Time Employees will earn one additional day of vacation each year and continue to earn one additional day of vacation every five years thereafter.

2. Administration.
a. Approving Authority: Department Heads shall have the authority to schedule Vacation Leave according to the needs of the service and the wishes of the employee, in that order.
b. Leave Requests: An employee's request for approval of Vacation Leave shall be made in writing to the Department Head. Except in the case of an emergency, a request for leave for one to three days should be made at least two days before the commencement of the leave. A leave in excess of three days should be made at least three days prior to the commencement of the leave. c. Holidays: If a holiday recognized by the City occurs during Vacation Leave, absence for that holiday shall be charged as Holiday Leave and not as Vacation Leave.
d. Leave Accumulation: Except with the approval of the Council, accumulated Vacation Leave shall not exceed three hundred and eighty (380) hours and all employees who have accumulated at least eighty (80) hours of vacation shall expend at least eighty (80) Vacation Leave hours per calendar year with at least forty (40) hours being consecutive.

Any employee in a position represented by SHEA, who has more than 320 hours of accrued vacation leave, may have the option to receive a cash payment in lieu of their requested vacation time. This option to receive a cash payment in lieu of vacation time will only be available if (1) the employee has filed a written request for leave at least 30 days prior to the commencement of the leave; and (2) management denies the employee’s request for leave because of department workload and staffing needs. Any payment in lieu of requested vacation time will Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

not be PERSable and will not be credited towards the employee’s single highest year compensation for retirement purposes. This provision shall not apply to leave which is denied for a requested period due to management’s approval of leave for other employees and in which leave would still be available for a period close to the requested vacation period.

Leave Award and Compensation: Vacation Leave shall begin to be earned by an employee upon employment. In the event of a separation of employment, any unused accrued or awarded Vacation Leave shall be compensated with a lump sum payment based on the employee’s current rate of pay and included with the employee’s final paycheck.

Eligibility and Use: An employee may not take Vacation Leave until after the completion of six months of Continuous Employment. Vacation Leave shall be taken in not less than fifteen minute increments.

B. HOLIDAYS.

1. Holidays.

The following holidays shall be recognized for all Association employees:

New Year's Day (January 1st)
Martin Luther King Day (Third Monday in January)
President's Day (Third Monday in February)
Cesar Chavez Day (March 31)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (First Monday in September)
Veteran's Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving
Christmas Eve Day (December 24th)
Christmas Day (December 25th)

2. Exceptions.

When a holiday falls on a Saturday, the preceding Friday shall be deemed holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When Christmas Eve falls on a Friday, the preceding Thursday shall be deemed a holiday. When Christmas day falls on a Monday, the following Tuesday shall be deemed a holiday. When Christmas falls on a Thursday, the following Friday shall be a holiday in lieu of Christmas Eve Day

3. Observance.

Except for emergency services, all City offices shall be closed on recognized holidays established Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

by Council resolution or ordinance.

4. Holiday Pay
Full-Time Employees shall receive full pay provided they are employed and in a paid status on the first working day prior to and following the holiday.

C. PERSONAL CONVENIENCE HOLIDAY.

Each Full-Time Employee shall be eligible for two (2) Personal Convenience Holidays of eight (8) hours each per year. After five years of Continuous Employment, Full-Time Employees shall be eligible for an additional three (3) Personal Convenience Holidays each year. Personal Convenience Holidays are granted on January 1st of each year and must be used prior to the end of the calendar year and will not accrue. They may be taken at the employee's convenience, subject to the Department Head's approval. These Personal Convenience Holidays shall not incur additional expense to the City, e.g., causing another employee to work overtime, etc. Each Personal Convenience Holiday must be taken as a full day off. Employees do not receive Personal Convenience Holidays during the calendar year in which they are hired.

D. SICK LEAVE AND FITNESS FOR DUTY.

1. Accrual and Use.

Employees shall accrue and use sick leave in accordance with City of St. Helena Personnel/Administrative Sick Policy and the provisions of this Article 8(D). The provisions of this Article 8(D) shall supersede any inconsistent provisions of the Sick Leave.

Sick leave with pay shall accrue to all Full-Time Employees at the rate of one work day for each calendar month of service, with no limit to its maximum accumulation.

2. Administration/Fitness for Duty.

When the employee’s need to use sick leave is foreseeable (for example, prescheduled appointments), the employee must provide reasonable advance notice to his/her immediate supervisor or Department manager of the need to use sick leave and its probable duration, if known. In all other situations, an employee who must be absent from work shall personally (if able) notify his or her immediate superior or Department Head as soon as reasonably possible, and at least before or within the first thirty minutes of the absence. An employee may be required to provide a physician's certificate for absence due to illness of more than three working days or at the request of the Department Head. If the City requires an employee to provide a physician’s certificate for an absence pursuant to this paragraph, and the employee had not already seen or planned to see the physician for the illness or injury, the City shall reimburse the employee for the cost of any required co-pay associated with the visit to the physician if the visit was required solely to comply with the requirement to obtain the certificate of illness or injury.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

When the City Manager determines that it is job-related and consistent with business necessity, an employee may be required to submit to an examination by a licensed physician designated by the City and at the City’s expense to determine whether the employee is still able to perform the essential functions of his or her job. Any information obtained about the Employee’s health condition shall be treated confidentially as provided by federal and state law.

3. Reasons for Granting.

Sick leave shall be granted to eligible employees for the following reasons:
a. For the diagnosis, care or treatment of an existing health condition, or preventive care for the employee or a family member.
b. Sick leave with pay for illness or injury of a family member, subject to the limitations in Section D.4 of this Article.
c. Enforced quarantine of the employee in accordance with community health regulations.
d. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to obtain relief or attempt to obtain relief to help ensure his or her health, safety, or welfare, or that of his or her child(ren), to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons.
e. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to seek medical attention, to obtain services from a domestic violence program or psychological counseling, or to participate in safety planning, to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons. f. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.
g. Complication or disability resulting from or contributed to any pregnancy, termination of pregnancy, or recovery therefrom.

4. Limitations and Related Provisions.
a. An employee may use Sick Leave, in an amount not to exceed one-half of their annual accrual, or six days, to attend to an illness of a family member. This includes attending to the serious injury or illness of a family member covered under the Family Medical Leave Act and/or California Family Rights Act. b. For the purposes of using sick leave under this Article, “family member” shall mean an employee’s parent, child, spouse, registered domestic partner, parent-inlaw, sibling, grandchild, or grandparent. c. In the event of absence from work due to a work-related injury, an employee may receive pay for accrued Sick Leave to the extent necessary to supplement worker's compensation payments to effectively raise the employee's pay received to the level of full-time pay. For a new employee who, at the time of a work-related injury, has not yet earned three days of Sick Leave, up to three days of Sick Leave Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

may be advanced from anticipated future Sick Leave accruals as required to meet this described use.

5. Sick Leave Abuse.
“Sick leave abuse” shall mean: “any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary action as determined necessary to deter future abuse.

6. Pay-out of Sick Leave at Termination of Employment.
a. Effective July 1, 2012, the City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2012.

Upon separation in good standing from City employment, the City will pay the employee for unused Sick Leave in the following amount: The total number of hours of Sick Leave accumulated multiplied by the hourly rate of pay of the employee at the time of separation, divided by two (2). An employee is not “separating in good standing” if proceedings to terminate the employee have been initiated or concluded in accordance with the provisions of Article 14, Resignation, Termination or Disciplinary Action. When an employee uses sick leave, City will first reduce employee sick leave balances from sick leave accrued after July 1, 2012.
b. An employee’s termination of employment for reasons of illness, verified by doctor certifications relative to the nature, gravity, and duration of the illness (including maternity) may be paid a lump sum for all Sick Leave accrued and unused at the time of such termination.
c. An employee who retires or otherwise terminates his or her employment after a finding of industrial disability may not exhaust his or her Sick Leave before the retirement becomes effective.

E. BEREAVEMENT LEAVE.

All Full-Time Employees shall be allowed a leave of absence with full pay, not to exceed three (3) working days, or five (5) working days if the death occurs out of State, when such absence is due to death in the immediate family. Those in immediate family are: mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee, and the spouse, son, domestic partner son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

F. JURY OR WITNESS DUTY.

1. All employees shall be granted time off to serve, as required by law, on a jury or grand jury if the employee provides reasonable advance notice to the City. Leave with full pay shall be granted to Full-Time Employees for jury duty or when called as a witness for a job related law suit. Any compensation received for jury duty, excluding mileage and similar expense reimbursements, shall be remitted to the City.

2. Leave without pay shall be granted to all employees to appear in court or other judicial proceedings as a witness to comply with a valid subpoena or court order.

G. ADMINISTRATIVE LEAVE WITH PAY.

Administrative Leave with Pay may be assigned to employees by the City Manager if it appears to be in the best interest of the City. In the event such leave is assigned, the City Manager will report to the Council the facts and circumstances of such leave as soon as is practicable.

H. DISCRETIONARY LEAVE WITHOUT PAY.

1. Permissible reasons for leave.

Discretionary Leave Without Pay may be granted by the City Manager as follows:
a. For personal reasons which are approved by the City Manager. b. For reason of illness in the event Sick Leave has been exhausted. c. In conjunction with Pregnancy Disability or FMLA Leave. d. To pursue a course of education which will increase the employee's usefulness as a City employee.

2. Procedure.
a. The employee shall provide at least 30 days advance notice of the need for leave without pay, whenever possible. If 30 days’ notice is not practicable, the employee shall request the leave as soon as practicable. b. An employee’s request for Discretionary Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence. The City Manager has the discretion of approving or rejecting the request.
c. In the case of extended illness the Department Head shall notify the City Manager at such time as the employee has expended all Sick Leave and shall submit a regular status report thereafter pending consideration of termination, disability, retirement, or temporary replacement.

3. Regulations Relative to Discretionary Leave Without Pay are as Follows. a. The City Manager may grant Discretionary Leave Without Pay in his or her discretion and only when, in the opinion of the City Manager, it is in the best interest of the City.
b. In the case of illness, Discretionary Leave Without Pay shall commence at such time as Sick Leave is expended except that the employee may elect to expend any other leave prior to utilizing Discretionary Leave Without Pay.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

c. Except in cases of absence due to illness, Discretionary Leave Without Pay shall be deducted from service time for purposes of computing longevity, time in service, seniority, or for any other purpose.
d. Vacation or Sick Leave shall not accrue nor shall Holiday Pay be awarded during periods of leave without pay.
e. Unless the employee notifies the City Manager at the time of the request for Discretionary Leave Without Pay that he or she elects to pay the premiums for continuation of Health, Dental, and Insurance Benefits, those benefits will be terminated beginning with the calendar month following the start of the unpaid leave. If that election is made and the leave is approved, it is the responsibility of the employee to submit payment to the City such that it is received prior to the City processing payment to the insurance carrier. The City will not make a premium payment in anticipation of receipt of the payment from the employee. f. Reinstatement of all benefits shall occur at the first opportunity following the employee's return to duty.
g. Discretionary Leave Without Pay will not normally be approved until Sick Leave (if medically justified), Vacation Leave, and Comp Time have been exhausted. h. Retirement benefits shall be adjusted for leave without pay in accordance with Public Employees' Retirement System's (PERS) regulations. i. An employee shall, upon completion of authorized leave without pay, be reinstated to the Position held at the time of commencement of leave and at the salary range and step previously held.

I. PREGNANCY DISABILITY LEAVE
To the extent required by law, the City shall grant a leave of absence without pay to any probationary or permanent employee who becomes disabled as a result of pregnancy, which disability prevents her from performing the duties of her position. Such leave shall not exceed four months whether or not it is combined with sick leave, vacation, compensatory time off and/or leave without pay. Employee benefits will continue to be paid by the City during approved short-term leave. This paragraph shall be implemented consistently with the requirements of California’s Pregnancy Disability Leave law and the federal Family Medical Leave Act. (See also the City’s Employee Handbook.)
J. CFRA AND FMLA LEAVE
The Employee Handbook addresses leave rights under the federal Family and Medical Leave Act and the California Family Rights Act (also referred to as the California Medical Leave Act).

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 9

CERTIFICATION AND OTHER BENEFITS
A. SPECIALIZED SCHOOLS AND TRAINING, AND CERTIFICATION PAY.

1. Specialized Schools and Training.

Individual Full-Time employees will be reimbursed for up to $500.00 per year in educational expenses for job-related courses. The total amount reimbursed to all employees in the unit represented by the Association through this program will not exceed $6,000.00 per year. Employees will be reimbursed on a first-come, first-served basis, subject to the City Manager’s determination that a course or training is job-related. This provision does not include payment of fees or tuition for course work taken in pursuit of an academic degree.

2. Certification Pay.
a. In recognition of the fact that certain functions cannot be performed without special governmental certification or licensing, the City will pay Fifty Dollars ($50.00) per month for:
 “Operator cross-certification” (Class I or above) for employees assigned to the Water Treatment Plant or Waste Water Treatment Plant, enabling those employees to perform duties at the other plant;
 A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the City;  Certification for back-flow prevention devices for Public Works employees.
 Playground Inspection Certification for employees working in the Parks Division.
 Arborist Certificate for employees working in the Parks Division.
 Wastewater Collection Certificate
b. Fifty Dollars ($50.00) per month and any required physical examinations, the cost to renew the Class B license, and the appropriate time necessary during normal work hours to test for a Class B driver’s license, if the Director of Public Works, on a person-by-person basis, certifies the necessity to the City for such license and the City Manager authorizes.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

B. UNIFORMS.

1. As a condition of employment, the City requires appropriate apparel or uniforms to be worn during work hours.

2. The City will provide uniforms to employees in the following Public Works positions:

Public Works Supervisor, Maintenance Worker I, Maintenance Worker II, Maintenance Worker III, Maintenance Lead Worker, Chief Water Distribution Operator, Plant Operator in Training, Plant Operator I, Plant Operator II, Plant Operator III, Chief Plant Operator.
a. Employees Assigned to Water Distribution and Public Works For employees assigned to Water Distribution and Public Works, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year. The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $35.49 per pay period. b. Employees Assigned to Parks-Trees-Buildings
For employees assigned to Parks-Trees-Buildings, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $33.06 per pay period. c. Employees Assigned to the Wastewater Treatment Plant Chief Plant Operator and Plant Operator II - For employees assigned to the Wastewater Treatment Plant, except for employees in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.. The value of these uniforms is $9.29 per pay period. The City does not provide uniform cleaning for these Employees assigned to the Wastewater Treatment Plant.

Plant Operator III - For employees assigned to the Wastewater Treatment Plant in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts per year. The value of these uniforms is $5.79 per pay period.

The City does not provide uniform cleaning for the City Polo Shirts. Additionally, the City shall provide coveralls which are solely for personal health and safety purposes of the employee. The City will provide and pay for regular uniform cleaning service for the coveralls.
d. Employees Assigned to the Water Treatment Plant
For employees assigned to the Water Treatment Plant, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

The value of these uniforms is $11.49 per pay period for each employee. The City does not provide uniform cleaning for Employees assigned to the Water Treatment Plant.
e. Safety Reflective Coat and Safety Boots
In addition, the City will provide all employees in the classifications listed above in paragraph B.2. with one (1) safety reflective coat on initial hire with a replacement coat every 5 years, and one pair of OSHA approved safety steel toed boots or shoes to be replaced when warranted. The safety reflective coat and the safety boots are solely for personal health and safety purposes of the employee.

Any additional uniforms needed shall be supplied at the employee’s expense.

3. The parties acknowledge that the uniforms provided are not suitable for everyday wear, and that employees shall wear the provided uniforms only while on duty and traveling to and from work.

4. To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the required uniforms and cleaning service provided by numbers 2 and 4 above for classic members (as defined by CalPERS). For classic members, the City and employees will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. For example, classic members will be required to make the required employee contribution on this amount. Pursuant to CalPERS regulations, the value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not count as special compensation.

C. TOOLS AND EQUIPMENT.

1. For employees, except the City Mechanic, all items of essential equipment and tools will be provided by the City, except that an employee may elect to provide all or any part of his/her own equipment and tools.

2. City-owned equipment and tools shall be used solely in the exercise of official City business.

3. The City Mechanic will personally furnish all hand tools necessary for normal general maintenance to vehicles and equipment. The city will reimburse the Mechanic for onehalf (1/2) the Mechanic’s cost of hand tools, up to One Hundred Fifty Dollars ($150.00) per year.

4. Care of Tools and Equipment.

Each employee having care or custody of City-owned property (including money) or equipment has a responsibility to take appropriate care of the property or equipment, including safeguarding it against theft or damage. Any employee becoming aware of the theft of, or malicious damage to City-owned property or equipment shall immediately report it to the Police Department.

5. For employees who are required to use a cell phone during normal course of their duties and/or are required to be on-call for the day, the City will provide a City issued cell phone.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 10

HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE
A. HEALTH INSURANCE.

The City will pay provide medical insurance for each Full-Time Employee and his or her eligible dependents. City is currently a member of Redwood Empire Municipal Insurance Fund (REMIF) and subject to their decisions regarding type and number of plans offered. Should REMIF propose material changes to the insurance plans, City will meet and confer on medical insurance options.

B. DENTAL INSURANCE.

The City will pay the full premium for dental insurance benefits for each Full-Time Employee and all dependent family members.

C. VISION INSURANCE.

Subject to REMIF approval, the City will obtain and pay the full premium for a REMIF Vision Plan for all Full-Time Employees.

D. LIFE INSURANCE.

The City will pay the full premium for a $25,000.00 life insurance plan to cover each Full-Time Employee. At the employee’s expense, an employee has the option to increase the amount of life insurance coverage up to an additional $20,000.00.

E. SUPPLEMENTAL LIFE INSURANCE.

The City does not provide, however Full-Time Employees may purchase additional supplemental life insurance.

F. DISABILITY INSURANCE.

The City will pay the full premium for the California State Disability Insurance program primary disability insurance plan covering each Full-Time Employee.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 11

RETIREMENT, SOCIAL SECURITY, DEFERRED

COMPENSATION AND DEPENDENT CARE ASSISTANCE
A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS).

Employees covered by this MOU are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as described in this Article 11, Section A.

1. Tier One: 2% at 55 Retirement Program – Employees Hired Before July 1, 2012 (Tier 1 Classic Members)
This Section 1 (including subsections) shall apply to employees hired before July 1, 2012:
a. 2% at 55 Pension Formula
The “2% @ 55” retirement program will be available to employees covered by this Section.
b. Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 1 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 20042. c. Required Employee Contributions
i. Member Contribution
Employees covered by this Section 1 shall continue to pay, through payroll deduction, the full 7.0% member contribution.
ii. Pension Cost Sharing
Effective January 9, 2016, employees covered by this Section 1 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

2. Tier Two: 2% at 60 Retirement Program for Employees Hired On or After July 1, 2012, and Before January 1December 31, 20132, and Employees Qualified for Reciprocity (Tier Two Classic Members)
This Section 2 (including subsections) shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, this Section 2 (including subsections) shall apply to employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:
a. 2% at 60 Pension Formula
The “2% @ 60” retirement program will be available to employees covered by this Section 2.
b. Final Compensation Based On 36-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 2 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
c. Required Employee Contributions
i. Employees covered by this Section 2 shall continue to pay, through payroll deduction, the 7.0% member contribution.
ii. Pension Cost Sharing
Effective the first full pay period in January 2016, employees covered by this Section 2 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

3. Tier Three: 2% at 62 PEPRA Retirement Tier Required For Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member) This Section 3 (including subsections) shall apply to employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c). a. 2% at 62 Pension Formula
The “2% @ 62” retirement program will be available to employees covered by this Section 3.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

b. Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for employees covered by this Section 3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32. c. Required Employee Contributions
i. Required 50% of Normal Costs
As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by this Section 3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.
ii. Pension Cost Sharing
Effective the first day of the first full pay period in January 2016, in addition to paying 50% of normal costs as described above, employees covered by this Section 3 shall pay, through payroll deduction, an additional 1.0% of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Government Code Section 20516.

4. Cost Sharing Implementation – All Tiers
The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee contributions will be made pursuant to Government Code Section 20516, Unit Member Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii), the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f) and shall extend beyond the expiration of this MOU and establish the status quo for purposes of future negotiations. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii).

5. Converting Sick Leave Balance
An employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965. Any accrued unused sick leave credit Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

that is paid out at termination pursuant to Article 8(D)(6) will not be available for conversion to service credit.

6. Other Options Included In CalPERS Contract
Employees shall be eligible for other options included in the City’s contract with CalPERS as stated in that contract, and allowed by law.

7. Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

8. All Provisions Subject to Requirements of Law
The parties recognize and agree that the City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this MOU and related practices, the City will comply with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or MOU terms.

B. SOCIAL SECURITY PAYMENT.

Employee contributions for Social Security are the responsibility of the employee and will not be reimbursed by the City.

C. DEFERRED COMPENSATION PLAN.

The City offers a deferred compensation plan under which employees may designate portions of their salaries to be deferred for tax purposes. The City will equally match an employee's deferred compensation contribution, not-to-exceed Fifty Dollars ($50.00) per month.

D. CAFETERIA PLAN.

The City allows employees to deposit up to $5,000.00 of their before-tax earnings into an account and pay themselves back for certain enumerated personal and dependent care expenses with tax-free dollars pursuant to Internal Revenue Code Section 125.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 12

BENEFITS ON TERMINATION/RETIREMENT
Upon termination/retirement of employment, all benefits provided by the City to an employee shall be terminated with the following exceptions:

A. COBRA CONTINUATION.

A terminated employee may be entitled to certain insurance coverage opportunities under the federally mandated COBRA Program.

B. CONTINUATION OF CERTAIN INSURANCE POLICIES.

Upon retirement, an employee enrolled in an insurance program (other than life insurance) maintained or sponsored by the City, may continue to be enrolled in such program subject to the conditions set forth below.

1. Conditions.
a. That continued enrollment has the approval of the insurance company concerned. b. Enrollment will cease at such time as the City terminates or converts an insurance program.
c. The retired employee shall either regularly reimburse the City for the full premium payment or make payments directly to the insurance company. d. Unused Sick Leave, Vacation Leave and/or Comp Time may be credited toward health insurance premium in the manner set forth below.

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums.

Retiring employees have the option of applying 100% of their unused sick leave accrued prior to July 1, 2012, Vacation Leave and/or Comp Time toward the payment of continuation insurance premiums, to the extent allowed by law. The total number of hours of leave shall be multiplied by the hourly rate of the employee at the time of retirement. The City will first apply Sick Leave, then Vacation Leave and finally Comp Time to the payment of the premiums. If the employee dies before the Sick Leave, Vacation Leave and/or Comp Time is depleted, the City will make a lump sum payment, less applicable withholdings, to the employee’s estate, at the following rates: the remaining Sick Leave multiplied by the employee’s hourly rate at retirement multiplied by .50; the remaining Vacation Leave and/or Comp Time multiplied by the employee’s hourly rate at retirement.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 13

GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINED.

A grievance is a formal allegation by a member of the Association or by the Association on behalf of a member, regarding an alleged violation of a specific provision of this MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline, including the content of performance evaluations, layoff, demotion, reprimand, transfer, denial of reinstatement or denial of step increase. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

B. PROCEDURE.

1. Step 1: Informal Discussion.

Within ten (10) calendar days of the occurrence of an act in dispute or within ten (10) calendar days of when a member should reasonably have become aware of the occurrence of the act in dispute, an employee shall discuss it with his or her immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, he or she may proceed to Step 2.

2. Step 2: Department Head Determination.

Any dispute not resolved at Step 1 may be submitted to the Department Manager in writing within ten (10) calendar days after the Supervisor’s response in Step 1. The written statement should cite the specific provision of this MOU in dispute. A copy of the written statement shall be provided to the affected employee’s immediate Supervisor.

Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee and the Department Head who shall attempt to resolve the matter. The Department Head shall give the employee a written reply within five (5) calendar days after such meeting.

If the employee is not satisfied with the response, he or she may proceed to the next step.

3. Step 3: City Manager Review.

Any dispute not resolved at Step 2 may be submitted in writing to the City Manager, with copies of the Step 2 response, within five (5) calendar days after the Department Manager’s response. The City Manager shall provide written confirmation of receipt of the dispute to the employee, and shall schedule a meeting within five (5) calendar days, to discuss the matter with the employee. After consideration of the facts, the City Manager shall give his or her written decision to the employee within ten (10) calendar days after the meeting.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

4. Step 4: City Council Review.

If the employee is not satisfied with the decision, the employee may request a hearing before the City Council. Such request for hearing must be submitted in writing within fifteen (15) days of receipt of the City Manager’s decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council Agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options: (1) refuse to hear the appeal; (2) make a decision on the documentation submitted; or (3) hold a hearing after which they shall make a decision.

The decision of the City Council shall be final.

C. DEADLINES.

The parties may mutually agree to extend any of the above deadlines in writing. Either party may extend the deadlines for reasons of prolonged illness, canceled meetings, or in response to other unavoidable circumstances.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

ARTICLE 14

RESIGNATION, TERMINATION AND DISCIPLINARY ACTION
A. RESIGNATION.

An employee wishing to leave his or her service to the City in good standing shall file with the Department Head, at least two (2) weeks prior to leaving City service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Office with a Personnel Action Form. Failure to give two (2) weeks’ notice shall be entered upon the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give the required notice shall be reported immediately to the Human Resources Manager by the Department Head.

B. EXIT INTERVIEW.

Any person leaving City employment shall have the opportunity to meet with the City Manager.

The purpose of the meeting shall be to allow the City Manager to receive, and the employee the opportunity to provide, the employee’s candid observation of City employment in order to help improve personnel management and departmental functioning. Such interviews normally shall be conducted no earlier than fifteen (15) days prior to nor more than fifteen (15) days later than the employee’s effective date of retirement or termination of employment.

C. DISCIPLINARY AUTHORITY.

A Full-Time Employee may be disciplined or discharged by his or her Department Head, but shall have the right to appeal the discipline or discharge for final determination by the City Manager as set forth below.

D. PROBATIONARY EMPLOYEES.

In accordance with the City’s policy on Probationary Employees, Probationary Employees are not entitled to the Disciplinary Procedures or Appeal rights set forth in this Article 14.

Probationary Employees are at-will employees and may be disciplined or terminated at-will, without notice and without cause. The City has no obligation to limit its reasons for discipline or termination to those set forth in Subparagraph H. The City’s willingness to discipline or terminate an employee in accordance with this Article 14 does not alter the at-will status of the Probationary Employee’s employment.

E. DISCIPLINARY ACTIONS.

For employees who have passed the probationary period the City generally will apply principles of progressive discipline in response to actions constituting cause for discipline that reasonably are subject to remediation. However, the City may discipline employees without progression, up to and including termination, in instances where the City reasonably determines that the action at issue is sufficiently serious and/or remediation is not appropriate.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

The following are appropriate disciplinary actions that may be taken as corrective measures.

1. Reprimand.

An employee may be reprimanded by his or her Supervisor, Department Head, or the City Manager. A reprimand may be either verbal or written. A note may be made of a verbal reprimand and placed in the employee’s personnel file, and a written reprimand will be placed in the employee’s personnel file. Grounds for reprimand include, but are not limited to those listed in Subparagraph H below. Reprimands are not subject to Discipline Procedures and the right to Appeal. However, the employee has the right to meet with the Supervisor/Department Head who issued the reprimand before the reprimand is placed in the employee’s personnel file. The employee may also rebut the reprimand by providing a written statement which will be included in the employee’s personnel file along with the written reprimand.

2. Suspension.

An employee may be suspended by his or her Department Head. Suspension may be imposed for disciplinary purposes or may be imposed pending investigation and possible discharge. While the matter is being investigated, employee shall continue to receive salary and benefits.

Suspension shall be for a fixed period of time. Grounds for suspension include, but are not limited to those listed in Subparagraph H below. Suspension of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

3. Reduction in Salary.

A Department Head may reduce the salary of an employee for disciplinary reasons, provided that such reduction shall be to a step or percentage within the salary range of the Classification held by the employee. A new Anniversary date (for purpose of salary increases only) shall be established as of the effective date of the reduction in salary, unless the reduction is for a specified period of time, in which case the Anniversary date would not change, or unless otherwise recommended by the Department Head. Reductions in salary of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

4. Demotion.

A Department Head may demote an employee for disciplinary reasons to any Classification with a lower salary, provided the employee meets the minimum qualifications for the lower-level class. The employee shall not be eligible for promotion for a period of six (6) months unless otherwise recommended by the Department Head . Disciplinary demotions of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

5. Dismissal.

A Department Head may dismiss an employee for Cause, as set forth in Subparagraph H, below.

Dismissal of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

F. DISCIPLINARY PROCEDURE.

1. Initial Investigation.

An alleged violation of policy, procedure, rules, regulations, directives, orders, or laws shall be investigated by the employee’s Supervisor or other designated investigator before the employee may be subject to discipline for the violation. The investigator shall complete a written report of the investigation, including the employee’s statement, the specific violations, all available facts related to the alleged violation(s), and statements of witnesses, if any. The investigator may recommend appropriate discipline. Based on the information received in the investigation, the Supervisor shall determine appropriate disciplinary action.

2. Notice of Proposed Discipline.

The Supervisor shall provide written notice of the proposed disciplinary action to the affected employee. The notice of proposed discipline shall contain the following information:
 A statement which clearly defines the intent to take action and the specific action to be taken;
 The date the action is intended to take effect;
 A statement of the rule(s) or regulation(s) that has/have allegedly been violated;  A statement of the specific action, charge(s), and facts on which the proposed action is based;
 Copies of the written materials, reports, and documents considered by the Department Head in his/her decision to impose the proposed action.  Notice of the employee’s right to respond to the charges, verbally or in writing, to the Department Head within seven (7) calendar days of receipt of the Notice of Proposed Discipline. A statement that the failure to respond within the prescribed time period following receipt of the Notice of Proposed Discipline shall constitute a waiver of the right to respond and the proposed discipline will be imposed.

Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

3. Proposed Discipline Deferred.

If the employee or designated representative requests the right to respond, either orally or in writing, the imposition of proposed discipline shall be deferred until after a pre-disciplinary (Skelly) hearing.

4. Pre-Disciplinary (Skelly) Hearing.

Where a written or oral response has been elected, the Department Head shall schedule, coordinate, and conduct a Pre-Disciplinary Hearing within ten (10) calendar days of the employee’s request. The purpose of the hearing is for the employee to provide additional information and facts relevant to the alleged violation in order for the Department Head to have all the facts prior to making a final decision regarding the proposed disciplinary action. The employee may elect to have representation at the hearing. If the employee fails to appear at or provide a written statement for the Pre-Disciplinary Hearing, his or her right to appeal the proposed discipline is forfeited.

5. Notice of Disciplinary Action.

Within seven (7) working days of the Pre-Disciplinary Hearing, the Department Head will notify the affected employee with a written Notice of Disciplinary Action. The Disciplinary Action will have been made following a factual finding and review of all the information provided. If the Department Head determines not to impose any disciplinary action, he or she will notify the employee of this as well. The Notice of Disciplinary Action shall state the disciplinary action, the date it will take effect, and the employee’s right to appeal, if any. Disciplinary actions may be imposed prior to hearing the employee’s post Skelly Appeal hearing or other disciplinary hearing.

6. Paid Administrative Leave.

The Department Head shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action.

7. Exclusions.

The provisions of this Article 14 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions, employee reclassifications, reprimand, transfers without loss of pay, performance evaluations, or economic layoffs. Nor do the provisions of this Article 14 apply to Probationary Employees.

G. APPEAL.

1. Right of Appeal.

An employee who has received a Notice of Disciplinary Action that provides for the right to appeal may, within fourteen (14) calendar days of its receipt, appeal the decision pursuant to the Agenda Item #9.2.

Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250

procedures set forth below. An employee, who fails to appeal the disciplinary action within the fourteen (14) day time period, forfeits his or her appeal and the disciplinary action shall be final and binding.

2. Procedure.

In order to Appeal the Disciplinary Action, the employee shall file with the City Manager a written answer to the charges contained in the Notice of Proposed Disciplinary Action and/or the Notice of Disciplinary Action and request the right to appeal the City’s disciplinary action (collectively, the “Request to Arbitrate”). Upon receipt of the Request to Arbitrate, the City Manager shall initiate the Appeal process.

3. Appointment of Hearing Panel.
a. The Hearing Panel shall consist of one person selected by the City, one person selected by the Association, and a neutral chairperson selected jointly by the City and the Association.
b. The neutral panel chairperson shall be selected jointly by the parties within fourteen (14) calendar days of receipt by the City Manager of the employee’s Request to Appeal.
c. If the parties are unable to mutually agree on a neutral panel chairperson within the fourteen-day period, the City shall solicit a list of seven (7) neutrals from the State of California Mediation/Conciliation Service. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrators’ names from the list until one remains. The parties shall make every effort to complete the striking process within ten (10) calendar days of receipt of the list from the State. d. If the neutral selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated within the same time period, unless the parties can otherwise mutually agree on the selection of a neutral chairperson.
e. The cost of the neutral shall be shared equally, with fifty percent (50%) of the fee paid by the City and fifty percent (50%) of the fee paid by the EmployeeAssociation.

4. Pre-Hearing Matters.

The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the panel members and the availability of counsel and witnesses. The arbitration hearing shall be private. The panel may, prior to or during the hearing, grant a continuance for any reason the panel believes to be important in order to reach a fair and proper decision. Neither party shall have ex parte communications with the neutral panel chairperson .

5. Conduct of the Hearing.
a. The hearing shall be conducted in the manner most conducive to the determination of the truth. Both the City and the employee may be represented by legal counsel, Agenda Item #9.2.