Regular Meeting Agenda 06.11.25 Page 1 of 3
AGENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, June 11, 2025
Regular Session – 7:00 PM
The City Council meeting will be held in person in the City Council Chambers. The Town will only accept public comments from the public attending in person and will not accept public comments via Zoom.
As a courtesy and technology permitting, the meeting can also be viewed /heard via Zoom Video Conference, but no public comment will be allowed or accepted by the Town via Zoom. The Town cannot guarantee that the public’s access to Zoom will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue, even if the public is unable to view/hear or otherwise access the meeting via Zoom.
To attend the meeting in person:
Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014
To view/hear the meeting via Zoom Video Conference:
Join Zoom Meeting:
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Meeting ID: 856 1002 8212
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To provide Public Comment:
Members of the public wishing to provide public comment are required to attend the meeting in person and are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less. If there appears to be a large number of speakers, time may be reduced to no less than one minute each, at the discretion of the Mayor.
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].
Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Juan Rumayor, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.
Regular Meeting Agenda 06.11.25 Page 2 of 3
PLEDGE OF ALLEGIANCE AND ROLL CALL
ADOPTION OF AGENDA
PRESENTATIONS
• Proclamation Recognizing June 12, 2025 as Philippines Independence Day • Proclamation Recognizing June 19, 2025, “Juneteenth”, as National Independence Day • Presentation of Colma Citizens’ Advisory Scholarships
PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.
Comments on Agenda Items will be heard when the item is called.
CONSENT CALENDAR
1. Motion to Approve the Minutes from the May 28, 2025 Regular Meeting
2. Motion to Adopt a Resolution Adopting a List of Projects for Fiscal Year 2025 -26 Funded by SB 1: The Road Repair and Accountability Act of 2017 Pursuant to CEQA Guidelines 15301 and 15378
NEW BUSINESS
3. a. M otion to Adopt the Following Resolutions:
i. Resolution Approving Memorandum of Understanding Between the Town of Colma and the Colma Peace Officers Association for the Period of July 1, 2025 through June 30, 2027 Pursuant to CEQA Guideline 15378; and
ii. Resolution Approving a Memorandum of Understanding Between the Town of Colma and the Colma Police Communication/Records Association for the Period of July 1, 2025 through June 30, 2027 Pursuant to CEQA Guideline 15378; and
iii. Resolution Amending Colma Administrative Code Sections 3.02.290 and 3.02.305 Regarding Compensatory Time Off and Retention Pay Pursuant to CEQA Guideline 15378
b. Introduce the Following Ordinance:
i. Ordinance Amending Section 1.01.050 of the Colma Municipal Code Relating to Town Holidays Pursuant to CEQA Guideline 15378 and Waive Further Reading
Regular Meeting Agenda 06.11.25 Page 3 of 3
STUDY SESSION
4. DAYLIGHTING LAW – ASSEMBLY BILL 413
This item is a study session. No City Council action is required, but staff will be seeking City Council input and direction.
REPORTS
Mayor/City Council
City Manager
ADJOURNMENT
Minutes – Regular Meeting 05.28.25 Page 1 of 4
MINUTES
REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also viewable via Zoom.us
Wednesday, May 28, 2025
Regular Session – 7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL
Vice Mayor Slaughter called the meeting to order at 7:02 p.m.
Council Present – Vice Mayor Carrie Slaughter and Council Members Helen Fisicaro, Joanne F. del Rosario and Thomas Walsh
Council Absent – Mayor Ken Gonzalez
Staff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Chief of Police John Munsey, Director of Planning and Public Works Brad Donohue, City Planner Farhad Mortazavi, Human Resources Analyst Juan Rumayor, City Clerk Michelle Estabillo and Deputy City Clerk Abigail Dometita
Council recited the Pledge of Allegiance.
ADOPTION OF THE AGENDA
Action: A motion was made by Council Member Walsh, seconded by Council Member del Rosario to adopt the agenda. The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
Thomas Walsh ✓
4 0
PRESENTATIONS
Chief Munsey introduced and swore in two new Explorers Brian Ferreira and Daniel Ferreira.
Vice Mayor Slaughter called for a brief recess for photos and resumed the meeting at 7:08 p.m.
Vice Mayor Slaughter read proclamations recognizing the following:
AGENDA ITEM #1
Minutes – Regular Meeting 05.28.25 Page 2 of 4
• May 18-24, 2025 as National Public Works Week
To accept the proclamation, the Vice Mayor invited Brad Donohue, Director of Planning and Public Works, to the podium. Director Donohue made a few remarks and thanked the Town for its recognition.
• June 15-June 21, 2025 as National Mosquito Control Awareness Week To accept the proclamation, the Vice Mayor invited Laura Walsh and Brian Weber from the San Mateo County Vector Control District to the podium. They made a few remarks and thanked the Town for its recognition. Mr. Weber also gave a short presentation on the District’s functions.
• Honoring Dennis and Helen Fisicaro’s 50th Wedding Anniversary To accept the proclamation, the Vice Mayor invited Dennis and Helen Fisicaro to the podium. They made a few remarks and thanked the Town for its recognition.
PUBLIC COMMENTS
Public comments were received from the following:
• Resident Alicia Marie Nevarez
• PG&E Government Liason Marjory Ruiz
CONSENT CALENDAR
1. Motion to Approve the Minutes from the May 14, 2025 Regular Meeting
2. Motion to Approve Report of Checks Paid for April 2025
3. Motion to Adopt Resolution 2025-14 Establishing the Authorized Subsidy at $56,673.09, With a $4,000 Contingency, for a Total of $60,673.09, for the Water Conservation Incentive Program in Fiscal Year 2025-26 Pursuant to CEQA Guidelines 15378, 15307, and 15308 There were no Public Comments.
Action: A motion was made by Council Member Walsh, seconded by Council Member del Rosario, to approve the Consent Calendar. The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
Thomas Walsh ✓
4 0
Minutes – Regular Meeting 05.28.25 Page 3 of 4
PUBLIC HEARING
4. AB 2651: PUBLIC DISCLOSURE OF STAFFING VACANCIES AND RECRUITMENT
EFFORTS
Human Resources Analyst Juan Rumayor presented the staff report.
There were no Public Comments.
Council discussion followed.
No City Council action was taken for this item.
STUDY SESSION
5. FY 2025-2026 PROPOSED MANAGER CAPITAL IMPROVEMENT BUDGET
City Manager Barros presented the staff report.
He clarified that the budget for the Police Drone Program will be shifted from the CIP to the operating budget, as the vendor supplying the tasers and cameras—already funded through operations—will also provide the drones. Including the drones in the existing contract makes the operational budget a more appropriate funding source.
Written public comment was received from Resident John Goodwin which was distributed to City Council and included in the agenda packet.
Council questions and comments followed.
City Manager Barros responded to Council questions.
COUNCIL CALENDARING
Vice Mayor Slaughter announced the following:
• There will be a Special Council meeting on June 11, 2025 at 9:30 am for the Philippine Flag Raising.
• The next Regular Council meeting will be on June 11, 2025.
REPORTS
Mayor/Council Reports
• Council Member Fisicaro announced volunteers will be needed for the veteran’s event on June 19 at 11 a.m. hosted by the Elks Lodge. She also announced in August an ice cream event will be held for the veterans as well.
Minutes – Regular Meeting 05.28.25 Page 4 of 4
Committee Reports
There were no reports.
City Manager Reports
City Manager Barros reported on the following:
• Blood Drive at Colma Community Center on May 31 from 9-2 p.m. • CPR/First Aid Class at Colma Community Center on May 31 from 11-1p.m. • Town upgraded the bulk agreement with Comcast/Xfinity to the Ultimate X1 Package. The new upgrade may not take effect on certain cable boxes. Residents are invited to swap their old box with the appropriate one at the Xfinity Store at the Serramonte Center. In addition, the Town will host a Swap Event at Town Hall on June 4 from 3-7 p.m. and June 5 from 10-2 p.m. where residents can trade the old box with a new one and speak to a Comcast representative on site. More information can be found in the LiveWire or on the Town’s website.
ADJOURNMENT AND CLOSE IN MEMORY
Vice Mayor Slaughter adjourned the meeting at 8:28 p.m. in memory of San Francisco Fire Battalion Chief Julio Delucchi.
Respectfully submitted,
Abigail Dometita
Deputy City Clerk
Staff Report – 2025-26 RMRA Project List Page 1 of 3
STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works and Planning Abdulkader Hashem, Principal Project Manager
VIA: Dan Barros, City Manager
MEETING DATE: June 11, 2025
SUBJECT: Road Maintenance and Rehabilitation Account (RMRA) Project List
RECOMMENDATION
Staff recommends that the City Council adopt the following:
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 PURSUANT TO CEQA GUIDELINES 15301 and 15378
COUNCIL ADOPTED VALUES
The adoption of the resolution is consistent with the City Council’s value of being responsible, staying committed to their strategic plan and goals, ultimately providing safe and high-quality roadways for residents and the public.
BACKGROUND
On April 28, 2017, the Governor Signed into law Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB1 legislation increased the per-gallon fuel excise taxes ($0.12 per gallon), as well as increased diesel fuel sales taxes and vehicle registration fees. The use of SB 1 funds - focus on using the new funds for basic road maintenance, rehabilitation, and critical safety projects on both the State Highway and local streets and roads system. Jurisdictions and agencies that receive SB 1 funding are required to report back to the California Transportation Commission (CTC) on how those funds are to be expensed or how they were expensed, this required reporting is done on an annual basis.
On November 1, 2017, the State Controller (Controller) began to deposit various portions of this new funding into the Road Maintenance and Rehabilitation Account (RMRA). Although the exact amount has not been determined by the Controller for Fiscal Year 2025-26, the Town of Colma’s RMRA apportionment will include an estimated $40,138 funds that will be expense per SB 1 Accountability and Transparency Guidelines, adopted on March 21, 2018.
AGENDA ITEM #2
Staff Report – 2025-26 RMRA Project List Page 2 of 3
ANALYSIS
The Town of Colma must submit to the California Transportation Commission (CTC) a list of projects to be funded with RMRA funds. To simplify the reporting and administration of the RMRA funds, the proposed Project List consists of adding the RMRA funds to various maintenance activities on portions of Serramonte Boulevard, Collins Avenue, and Junipero Serra Boulevard .
This programmed maintenance work is to take place during FY 2025-26.
The proposed Project List for Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funds for FY 2025-26 is a re-listing of the projects previously adopted by the City Council for FY 2024-25. No new projects have been added or removed from this list. This will allow the project to receive the FY 2025-26 RMRA apportionment.
If approved by the City Council, the adoption of the project list will appropriate $40,138 in SB 1 to Serramonte Boulevard, Collins Avenue, and Junipero Serra Boulevard for various roadway maintenance needs. If approved, Town Staff by way of a Resolution, will provide the annual RMRA project list and expenditure reporting to the CTC.
Detailed Description of the Project/Bid
Requirements have been imposed by the State as part of the State Gas Taxes that began collecting on November 1, 2017. To receive an allocation of the Gas Tax revenue, a list of proposed projects to be funded with SB 1 funds must be adopted. For Fiscal Year 202 5-26 the Town is projected to receive $40,138 revenue in gas tax revenue and is included in the proposed budget (See attachment “C”). The Town is also required to demonstrate that the revenue and expenditures are included in the Fiscal Year 2025-26 Annual Budget. The FY 2025-26 SB-1 funds are programed for various roadway maintenance activities on portions of Serramonte Boulevard, Collins Avenue, and Junipero Serra Boulevard, to be implemented during FY 2025-26.
FISCAL IMPACT
The 2025-26 Road Maintenance and Rehabilitation Account (RMRA) allocation of $40,138 will be programmed for roadway maintenance activities on portions of Serramonte Boulevard, Junipero Serra Boulevard and Collins Avenue.
ENVIRONMENTAL
The City Council’s adoption of the resolution is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) per CEQA Guideline 15378(b)(4) as a governmental fiscal activity. It is also exempt on an independent basis pursuant to CEQA Guideline 15301 as an action providing funding for the maintenance of an existing street.
ALTERNATIVES
The recommended actions are a requirement of the State program implementing the tracking of expenditures for the Gas Tax increase adopted by the State Legislature. If the action is not taken prior to July 1, 2025, the Town could potentially lose the estimated RMRA Gas Tax Funds for Fiscal Year 2025-26.
Staff Report – 2025-26 RMRA Project List Page 3 of 3
ATTACHMENTS
A. Resolution Adopting Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2025-26
B. RMRA Project List for FY 2025-26
C. LSR Projected FY2025-26 Revenues - May 2025
Res. 2025-_____, FY 2025-26 SB 1 Project List Page 1 of 3 RESOLUTION NO. 2025-_______
OF THE CITY COUNCIL OF THE TOWN OF COLMA
R
ESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 PURSUANT TO CEQA GUIDELINE 15301 AND 15378
T
he City Council of the Town of Colma does hereby resolve as follows:
1. Background
(a) Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and (b) SB 1 includes accountability and transparency provisions that will ensure the residents of o
ur Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
(c) The Town must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and (d) The Town, will receive an estimated $40,138 in RMRA funding in Fiscal Year 2025-26 from SB
1; and
(e) This is the nineth year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and (f) The Town has undergone a robust public process to ensure public input into ou r c
ommunity’s transportation priorities identifying roadway rehabilitation projects through the Town’s Capital Improvement Program; and
(g) The Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and (h) T he Towns allotment of SB 1 funds will assist in the funding of the Serramonte Boulevard, Collins Avenue, and Junipero Serra Boulevard for various roadway maintenance needs, such as base repairs and crack sealing.
ATTACHMENT A
Res. 2025-_____, FY 2025-26 SB 1 Project List Page 2 of 3 (i) The scope of work for the project will improve the pavement road condition , which will increase the Pavement Condition Index (PCI) along with vehicle safety for Serramonte Boulevard, Collins Avenue and Junipero Serra Boulevard, funding these enhancements are Gas Tax / RMRA eligible expenses; and
(i) The Fiscal Year 202 5-26, SB 1 allocation is estimated at $ 40,138 these proposed SB1 funds are to be designated for the Serramonte Boulevard, Collins Avenue, and Junipero Serra Boulevard various roadway maintenance needs; and
(m) The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure , and using cutting-edge technology, materials and practices, will have significant positive benefits to local and statewide communities.
2. Findings and Order
The City Council finds and orders that:
(a) The foregoing recitals are true and correct.
(b) The City Council hereby authorizes the transfer of FY 2025-26 SB 1 allocation of $40,138 into Street Capital Fund (32).
(c) The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
RMRA 2025-26 New Proposed Project List
Project Title:
Serramonte Boulevard, Collins Avenue, and Junipero Serra Boulevard Maintenance Project, Town of Colma
Project Description:
Implementation of roadway maintenance for Serramonte Boulevard, Collins Avenue, and Junipero Serra Boulevard including base repair and crack sealing.
Project Location:
Serramonte Boulevard from Junipero Serra Boulevard to Hillside Boulevard, Collins Avenue from Serramonte Boulevard to El Camino Real , and Junipero Serra Boulevard from the Northern border of Colma and Daly City to the Southern border of City of South San Francisco and Colma.
Res. 2025-_____, FY 2025-26 SB 1 Project List Page 3 of 3 Estimated Project Schedule: Start 08/2025 – Completion 10/2025 Estimated Useful Life: 5-7 Years.
Certification of Adoption
I certify that the foregoing Resolution No. 2025-____ was duly adopted at a regular meeting of the City Council of the Town of Colma held on June 11, 2025, by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Voting Tally
Dated ______________________ ___________________________________ Ken Gonzalez, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
Submittal Report
LSR-C19-FY25/26-5264-001
FY 25/26
Submittal Details
Program
Local Streets and Roads
Agency
Town of Colma
Date Created
06/04/2025
Date Date
Address
1198 El Camino Real
City
Colma
State
CA
Zip Code
94014
Contact
Brad Donohue
Contact Title
Public Works Director
Contact Phone
(650) 757-8888
Contact Email
[email protected]
Avg. Network PCI
84 Measurement Date
9/2024
Support Documentation
Attached are the Town of Colma adopted Resolution No. 2025-XX and Staff Report specifying the Serramonte Boulevard, Collins Ave, and Junipero Serra Boulevard Maintenance Project for approving Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2025-26 funded by SB 1 - Road Repair and Accountability Act of 2017.
Additional Information
The Town's apportionment of RMRA fund will be allocated to the implementation of road rehabilitation for Serramonte Boulevard, Collins Ave, and Junipero Serra Boulevard Maintenance Project, during the Fiscal Year 2025-26.
Project Details
Title Description Location Component
Priority
Status
Est. Schedule Useful
Life
Assem SenateStart Complete Min Max
Serramonte
Boulevard,
Collins Ave,
and Junipero
Serra
Boulevard
Maintenance
Project
This project will include: Pavement Rehab/Repair
(Existing) | Additionally, the project scope
includes crack sealing, base repairs, striping
and markings.
Serramonte Boulevard,
Collins Ave, and Junipero
Serra Boulevard in the Town
of Colma
Constructio
n
Carried
Over 24/25
08/2025 10/2025
5 7 19 11
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26 Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct
SAN LUIS OBISPO COUNTY
ARROYO GRANDE 546,690 479,732 1,026,422 547,764 496,899 1,044,663 ATASCADERO 913,782 805,350 1,719,131 915,585 834,169 1,749,754 EL PASO DE ROBLES 930,874 820,594 1,751,468 932,711 849,958 1,782,669 GROVER BEACH 382,743 334,403 717,146 383,491 346,370 729,861 MORRO BAY 317,306 276,041 593,347 317,924 285,919 603,843 PISMO BEACH 242,924 210,594 453,518 243,395 218,130 461,525 SAN LUIS OBISPO 1,438,098 1,272,975 2,711,073 1,440,947 1,318,528 2,759,476 County of San Luis Obispo 10,413,862 10,396,583 20,810,445 10,407,405 10,768,622 21,176,027 Total Cities & County: San Luis Obispo 15,186,278 14,596,272 29,782,550 15,189,222 15,118,595 30,307,818
SAN MATEO COUNTY
ATHERTON 212,559 187,793 400,352 212,944 194,513 407,457 BELMONT 816,588 735,431 1,552,019 818,099 761,748 1,579,846 BRISBANE 144,777 126,843 271,620 145,038 131,382 276,420 BURLINGAME 905,888 816,933 1,722,821 907,566 846,167 1,753,732 COLMA 48,258 38,751 87,009 48,338 40,138 88,475 DALY CITY 3,018,270 2,741,222 5,759,492 3,023,901 2,839,315 5,863,216 EAST PALO ALTO 871,251 785,320 1,656,571 872,864 813,423 1,686,287 FOSTER CITY 975,878 880,812 1,856,690 977,687 912,331 1,890,019 HALF MOON BAY 344,457 307,262 651,719 345,088 318,257 663,345 HILLSBOROUGH 333,628 297,378 631,006 334,238 308,020 642,258 MENLO PARK 989,028 892,814 1,881,841 990,862 924,763 1,915,624 MILLBRAE 677,929 609,791 1,287,719 679,181 631,612 1,310,793 PACIFICA 1,118,809 1,011,263 2,130,072 1,120,886 1,047,451 2,168,337 PORTOLA VALLEY 132,917 116,017 248,934 133,155 120,169 253,324 REDWOOD CITY 2,403,192 2,182,131 4,585,324 2,407,675 2,260,218 4,667,893 SAN BRUNO 1,271,394 1,150,526 2,421,920 1,273,758 1,191,697 2,465,455 SAN CARLOS 891,420 803,728 1,695,148 893,071 832,490 1,725,560 SAN MATEO 3,043,510 2,764,258 5,807,768 3,049,188 2,863,176 5,912,364 SOUTH SAN FRANCISCO 1,910,540 1,732,495 3,643,035 1,914,099 1,794,492 3,708,591 WOODSIDE 158,841 138,766 297,607 159,126 143,732 302,858 County of San Mateo 16,678,671 13,926,675 30,605,346 16,691,363 14,425,037 31,116,400 Total Cities & County: San Mateo 36,947,803 32,246,207 69,194,011 36,998,127 33,400,129 70,398,255 May 2025 CaliforniaCityFinance.com Page 16 of 21
Staff Report - MOU Updating Subchapter 3.02 Page 1 of 4
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Daniel Barros, City Manager
MEETING DATE: June 11, 2025
SUBJECT: Adopt Resolutions Approving Memorandums of Understanding, Amending the Colma Administrative Code Subchapter 3.02 Relating to Compensatory Time Off and Retention Pay, and Ordinance Amending the Municipal Code relating to Town Holidays
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt the following resolutions:
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN O
F COLMA AND THE COLMA PEACE OFFICERS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN O
F COLMA AND THE COLMA POLICE COMMUNICATION/RECORDS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378
RESOLUTION AMENDING COLMA ADMINISTRATIVE CODE SECTIONS 3.02.290 AND 3 .02.305 REGARDING COMPENSATORY TIME OFF AND RETENTION PAY PURSUANT TO CEQA GUIDELINE 15378
2 . Introduce the following ordinance
O
RDINANCE AMENDING SECTION 1.01.050 OF THE COLMA MUNICIPAL CODE RELATING TO TOWN HOLIDAYS PURSUANT TO CEQA GUIDELINE 15378 AND WAIVE
FURTHER READING
AGENDA ITEM #3
Staff Report - MOU Updating Subchapter 3.02 Page 2 of 4
COUNCIL ADOPTED VALUES
T
he Staff recommendation is consistent with the Council adopted values of:
• Responsibility: Making decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the agency. • Fairness: Treat all persons, claims and transactions in a fair and equitable manner.
BACKGROUND
The Town’s MOUs with the Peace Officers Association (POA) and the Dispatch/Records Association (DRA) will expire on June 30, 2026. Per Article 8 – Duration and Renewal of the MOU’s, parties agreed to commence negotiations on March 1, 2025, to discuss the following items: Retention Pay, Bilingual Assessment, Shift Differential, Crisis Intervention Training Pay, Motorcycle Officer, and Compensatory Time Maximum. Upon direction from the City Council, the City Manager and the Town’s labor negotiator were directed to begin labor negotiations.
Due to both sides working diligently together, updated labor agreement terms have been reached between both sides.
In addition to the negotiations held for the POA and DRA, changes to the Colma Administrative Code were negotiated with specific unrepresented employees as it relates to Compensatory Time Off and Retention Pay.
The results of those negotiations are now being formally presented to Council for final approval.
ANALYSIS
Living and working in the Bay Area has become increasingly challenging over the past several years, and recruiting and retaining employees has been difficult with inflation continuing to rise in San Francisco/Bay Area. Because of this, the City Council directed staff to begin labor negotiations prior to the expiration of the existing contract. The City Council wanted to address concerns over existing employees’ ability to make a living wage for their family and in an effort to retain employees for their commitment to the Town.
Through the course of negotiations, the City Council came to the following agreements with the employee associations:
Peace Officer Association (POA):
Effective as of July 1, 2025 through June 30, 2027, the following changes will go into effect 1 . The Town’s Retention Pay will change to 2.5% for every 5 years of continuous service.
The maximum retention pay will be 10% for 20 years of continuous service with the Town of Colma. Retention Pay shall be calculated on base pay (not including incentive pay or any other differential pay).
2. Change City Holidays by deleting Columbus Day in exchange for New Year’s Eve.
3. Increase the maximum balance for Compensatory Time Off bank from eighty hours to one hundred twenty hours.
Staff Report - MOU Updating Subchapter 3.02 Page 3 of 4 The parties agree to commence negotiations for a new MoU on or about March 1, 2026. The items to be discussed are the following:
• Cost of Living Adjustment
Dispatch/Records Association (DRA):
The DRA will receive the same negotiated benefits as indicated above for the POA with nothing additional and/or separate.
Unrepresented Employees:
The unrepresented employees are not members of any employee association. The Town has had an informal policy for some time that the unrepresented employees should be treated similarly to the POA and Dispatch Association. As a result, the City Council authorized the City Manager to provide the same increases/changes to the unrepresented employees.
Colma Administrative Code (CAC):
The following changes to Chapter 3 of the CAC as it relates to Compensatory Time Off and Retention Pay will apply to unrepresented employees Effective July 1, 2025.
1. 3.02.290 Compensatory Time Off:
(a) The City Manager may allow an employee to take compensatory time off instead of receiving overtime pay for overtime work, as provided herein. (b) Compensatory time off is earned at the same rate as overtime pay. (c) Compensatory time off may be accumulated to a maximum of 48 88 hours to be used by the employee at a later time upon approval of the City Manager except as otherwise defined in any applicable Memorandum of Understanding.
(d) At any time, an employee may request that all or any part of his or her bank of compensatory time off hours be converted to the equivalent in pay.
2. 3.02.305 Retention Pay:
Effective in the first pay period after April 10, 2019 July 1, 2025, employees will be eligible for retention pay as follows:
(a) F ull- time employees will be eligible for retention pay in the amount of 2.5% for continuous ten (10) years of Town of Colma service, and an additional 2.5% for twenty (20) years of continuous Town of Colma service, to a combined maximum of 5% retention pay. The percentage of retention pay shall be calculated on the employee’s base pay (not including incentive pay or any other differential pay). After the effective date above, employees are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets the 10 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall include vacation, sick leave, other paid time off, as well as Town-approved leaves of absence and other leaves required by law.
Staff Report - MOU Updating Subchapter 3.02 Page 4 of 4 (a) Full-time employees will be eligible for retention pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an additional 2.5% for continuous 15 years of Town of Colma service and an additional
2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% retention pay. The percentage of retention pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service.
For purposes of this section, “continuous” service shall include Town-approved leaves of absence and other leaves required by law.
FISCAL IMPACT
The approval of the attached resolutions will increase Town salaries and benefits by a cost of approximately $297,941 over the life of the MOUs. This amount has been calculated into the Town’s long-term financial forecast and can be accommodated. As for the administrative changes to Chapters 3, it will increase the General Fund Reserve Budget for Accrued Leave Payouts by approximately 3% $20,173 per year.
ALTERNATIVES
The City Council could choose to not adopt the resolutions approving the MOUs and updates to the CAC, or could chose to direct Staff to renegotiate any items within the MOUs. Doing so is not recommended, however, as that action could be construed as bad-faith bargaining and could create the potential for an unfair labor practices charge.
CONCLUSION
Staff recommends that the City Council adopt the resolutions and introduce the ordinance...
ATTACHMENTS
A. Resolution Approving Memorandum of Understanding Between the Town of Colma and the Colma Police Officers Association for the Period of July 1, 2025 to June 30, 2027 B. Memorandum of Understanding Between the Town of Colma and the Colma Police Officers Association for the Period of July 1, 2025 to June 30, 2027 C. Resolution Approving Memorandum of Understanding Between the Town of Colma and the Colma Police Communications/Records Association for the period of July 1, 2025 to June 30, 2027
D. Memorandum of Understanding Between the Town of Colma and the Colma Police Communications/Records Association for the period of July 1, 2025 to June 30, 2027 E. Resolution Amending Colma Administrative Code Subchapter 3.02.290 and 3.02.305 Regarding Compensatory Time Off and Retention Pay
F. Ordinance Amending Section 1.01.050 of the Colma Municipal Code Relating to Town Holidays
Res 2025-__, Approving POA MOU 2025-2027 Page 1 of 2
RESOLUTION 2025-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF COLMA AND THE COLMA PEACE OFFICERS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378
T
he City Council of the Town of Colma does hereby resolve as follows:
1 . Background.
(
a) The Town’s MOU with the Peace Officers Association will expire on June 30, 202 6. Per Article 8 – Duration and Renewal of the MOU, parties agreed to commence negotiations on March 1, 2025, to discuss the following items: Retention Pay, Bilingual Assessment, Shift Differential, Crisis Intervention Training Pay, Motorcycle Pay, and Compensatory Time Maximum.
(b) Upon direction from the City Council, the City Manager and the Town’s labor negotiator began labor negotiations. Due to both sides working diligently together, updated labor agreement terms have been reached between both sides.
(
c) Staff is now presenting the formal MOU detailing the conclusion of the labor negotiation terms for City Council consideration and approval.
2 . Order.
(
a) The City Council hereby approves the Memorandum of Understanding between the Town of Colma and the Colma Peace Officers Association for the time period of July 1, 202 5 through June 30, 202 7, which is attached hereto as Exhibit A. This MOU shall supersede the prior MOU upon its execution. (b) The Mayor shall be, and hereby is, authorized to execute the Memorandum of Understanding, subject to any changes in form or technical language approved by the City Manager and City Attorney.
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ATTACHMENT A
Res 2025-__, Approving POA MOU 2025-2027 Page 2 of 2
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Certification of Adoption
I certify that the foregoing Resolution No. 202 5-__ was duly adopted at a regular meeting of said City Council held June 11, 2025 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter, Vice Mayor
Helen Fisicaro, Councilmember
Joanne F. del Rosario,
Councilmember
Thomas Walsh,
Councilmember
Voting Tally
Dated ______________________ ___________________________________ Ken Gonzalez, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
DocuSign Envelope ID: 50B39089-C29E-463C-AF55-A616294B701D
MEMORANDUM OF UNDERSTANDING
BE
TWEEN
T
HE TOWN OF COLMA
AND
THE COLMA PEACE OFFICERS ASSOCIATION
Jul
y 1, 2025 to June 30, 2027
ATTACHMENT B
DocuSign Envelope ID: 50B39089-C29E-463C-AF55-A616294B701D
TABLE OF CONTENTS
ARTICLE 1 - PURPOSE AND INTENT .................................................................................. 3 ARTICLE 2 - REPRESENTATION................................................................................................... 3 ARTICLE 3 - RIGHTS RESERVED ................................................................................................. 3 ARTICLE 4 - MANAGEMENT OBLIGATIONS ................................................................................. 4 ARTICLE 5 - SEVERABILITY ......................................................................................................... 4 ARTICLE 6 - WAIVER ................................................................................................................... 4 ARTICLE 7 - MAINTENANCE OF BENEFITS ................................................................................. 5 ARTICLE 8 - DURATION AND RENEWAL ..................................................................................... 5 ARTICLE 9 - WORK PERIOD AND HOURS ................................................................................... 5 ARTICLE 10 - STAFFING LEVELS ................................................................................................. 6 ARTICLE 11 - SHIFT SELECTION ................................................................................................. 6 ARTICLE 12 - SHIFT EXCHANGE .................................................................................................. 6 ARTICLE 13 - SALARIES ............................................................................................................... 6 ARTICLE 14 - OVERTIME AND COMPENSATORY PAY ................................................................. 9 ARTICLE 15 - HOLIDAY PAY ...................................................................................................... 10 ARTICLE 16 - LEAVES ..................................................................................................... 11 ARTICLE 17 - REIMBURSEMENTS .............................................................................................. 12 ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS ........... Error! Bookmark not defined.4
ARTICLE 19 - PAYROLL ERRORS ............................................................................................... 20 ARTICLE 20 - GRIEVANCE PROCEDURE .................................... 21Error! Bookmark not defined.
ARTICLE 21 - SAFETY VESTS..................................................................................................... 21 ARTICLE 22 - DEFINITIONS ...................................................................................................... 21 ARTICLE 23 - TRANSITION ........................................................................................................ 22
Peace Officers Association MOU 2025-27 Page 3
MEMORANDUM OF UNDERSTANDING
[See Article 22 for definitions]
ARTICLE 1 - PURPOSE AND INTENT
A. It is the intent and purpose of the parties that this Memorandum of Understanding shall set forth rules of pay, hours of work, and other terms and conditions of employment to be observed by the parties in connection with the Peace Officers Unit. The provisions of this Memorandum of Understanding shall apply only to the Members of the Peace Officers Unit (Member) and shall in no way establish terms and conditions of employment of other employees of the Town of Colma who are not Members of that Unit. The classifications included in that Unit are all sworn officers of the Colma Police Department except Reserve Police Officers, Police Recruits, the Commander, and the Police Chief.
This agreement has been developed in the interest of promoting and improving employee relations between the Town of Colma (hereinafter referred to as the Town) and the Colma Peace Officers Association (hereinafter referred to as the Association).
B. This Memorandum is entered into pursuant to the Meyers-Milias-Brown Act (GOVERNMENT CODE sections 3500, et seq.) and Subchapter 3.09 of the Administrative Code of the Town.
ARTICLE 2 - REPRESENTATION
A. The Town hereby recognizes the Association as the Recognized Employee Organization to act as bargaining agent for the Peace Officers Unit.
B. The Town shall deduct the Association dues from the Members’ pay checks and transmit such monies to the duly authorized and designated employee organization representative or by direct deposit to the Association’s bank account.
ARTICLE 3 - RIGHTS RESERVED
A. The Association recognizes that the Town has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects subject to this Memorandum.
B. The City Manager and Police Chief have and will continue to retain exclusive decision- making authority on matters not officially and expressly modified by specific provisions of this Memorandum and such decision-making shall not be subject in any way, directly or indirectly, to the grievance procedure contained herein.
Peace Officers Association MOU 2025-27 Page 4
C. The exclusive rights of the Town shall include, but not be limited to, the right to determine the organization of Town government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect Administrative Regulations and Employment Rules and Regulations consistent with law and the specific provisions of this Memorandum to direct its employees, to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the methods, means and personnel by which the Town’s services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.
ARTICLE 4 - MANAGEMENT OBLIGATIONS
The Town shall, at its own expense, provide to every Member a copy of this Memorandum and all rules, regulations, general and special orders.
ARTICLE 5 - SEVERABILITY
If any article or section of this Memorandum of Understanding or if any chapter or section of the Town’s Personnel Policies referred to in this Memorandum should be found invalid, unlawful, or unenforceable by reason of any existing or subsequent enacted legislation by a court of competent jurisdiction, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the Town and Association may negotiate regarding that section or article on the anniversary of this Memorandum as provided by Article 8. However, in the event the legislation or decision referred to above affects wages, hours or working conditions, the Town and Association agree to meet and confer within sixty days of the effective date of the legislation or decision to renegotiate said article or section.
ARTICLE 6 - WAIVER
The parties acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the Town and the Association, for the life of this agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this agreement (except as provided in Article 5), even though such subject or matter may not have been within the knowledge and contemplation of either or both parties at the time they negotiated or signed this agreement. However, in the event the Police Chief, the City Manager or the City Council imposes a change in policy regarding the Association which substantially affects wages, hours or other terms and conditions of Peace Officers Association MOU 2025-27 Page 5
employment not covered by this Memorandum of Understanding, the Association may request that the Town meet and confer regarding that change.
ARTICLE 7 - MAINTENANCE OF BENEFITS
A. The status of all existing benefits and conditions of employment now enjoyed by classifications represented by the Association shall not be deemed affected by this agreement, except as specifically modified by provisions of this Memorandum.
B. Except as expressly stated in this Memorandum, where this Memorandum refers to a benefit in the Town’s Personnel Policies, that benefit may only be modified by the Town after meeting and conferring with the Association.
ARTICLE 8 - DURATION AND RENEWAL
Unless otherwise specifically provided herein, this Memorandum of Understanding shall run from July 1, 2025 to June 30, 2027. It shall be automatically renewed from year to year thereafter, with no scheduled salary increases, unless either party shall have notified the other, in writing, at least sixty days prior to the expiration date that it desires to modify the Memorandum of Understanding. In the event that such notice is given, negotiations shall begin within thirty days of delivery of the notice of intent to modify the Memorandum of Understanding.
The parties agree to commence negotiations for a new MoU on or about March 1, 2026.
ARTICLE 9 - WORK PERIOD AND HOURS
A. The work period established for Members is a regularly recurring period of eighty- four (84) hours in fourteen consecutive days. The Police Chief may, in writing, establish the beginning and ending day and time of a work period.
B. Except as provided in paragraph 9.C, all Members will be on the same fourteen-day work period and will be scheduled to work up to eighty-four (84) hours in fourteen consecutive workdays. Members may be assigned to a team concept, working three days one week and four days the following week.
C. The work schedule shall include paid time for meal breaks, except for Members attending training classes and Members attending court sessions, in which case meal breaks shall not be compensable time.
D. Daylight Savings-Standard Time Transition
(1) In the spring when transitioning to Daylight Savings Time, Members working during the one hour transition from Standard Time to Daylight Savings Time will be paid for actual hours worked. Members working on a shift that includes the one hour transition may be granted an option by the Chief to Peace Officers Association MOU 2025-27 Page 6
work an additional hour at his or her base hourly rate or use compensatory time or vacation time to make up for the lost work hour.
(2) In the fall when transitioning to Standard Time, Members working during the one-hour transition from Daylight Savings Time to Standard Time will be paid for actual hours worked and overtime pay, if actual hours worked or counted as worked in that work period exceed eighty-four (84) hours in a work period.
ARTICLE 10 - STAFFING LEVELS
The Police Chief shall maintain a minimum of two sworn employees on each shift for patrol purposes.
ARTICLE 11 - SHIFT SELECTION
Members will sign up for shifts by seniority in 6-month increments, for a one-year time frame (January through December). Shifts will rotate in January and July of every year, and each Member must work six consecutive months on an alternative shift every two years. The police Chief or his designee may assign a Member to an alternate shift at any time for the good of the organization. Members who have not rotated after eighteen months will be assigned to an alternative shift by the Chief or his or her designee.
ARTICLE 12 - SHIFT EXCHANGE
A. All Members may be permitted to substitute for another of equal rank during scheduled work hours, as herein provided. Any Member requesting a trade shall submit a written request to the Police Chief or designee seven days prior to the first day of the trade. No trade shall be made unless the Police Chief or designee approves the trade in writing. The traded shift shall be paid back within the same fourteen-day work period. This shift trading is strictly voluntary on the part of Members and is for their benefit, not the benefit of the Town. The Town shall exclude the hours worked as a trade in calculating overtime.
B. Once the exchange has been signed by both Members and approved by the Police Chief or his or her designee, it will be the responsibility of the person agreeing to work the shift to cover that shift.
ARTICLE 13 - SALARIES
A. Effective in the first pay period beginning after the Council ratifies this MOU, the Town shall pay each Member an amount determined by multiplying the number of hours worked in a pay period by the applicable hourly base rate of pay shown for the Member in Appendix A.
Peace Officers Association MOU 2025-27 Page 7
B. FICA and PERS Member Contributions
Each Member shall pay the employee share of FICA (Social Security and Medicare) taxes and the employee's contributions to the Public Employees Retirement System (PERS).
C. Educational Incentive Program
(1) Except as provided in this section, there are no incentive pays.
(2) This Program is adopted for the benefit of the Members in recognition of certain specified educational achievements. Eligible Members shall receive the specified additional compensation only under one of the formulas:
(a) A four percent increase of his or her hourly base rate shall be provided to Members who possess an Associates of Arts Degree in Administration of Justice, Police Science, or a related field, or an Intermediate POST Certificate. Members with this incentive shall be classified as Police Officer 2 or Police Sergeant 2 and compensated according to Appendix A. Once this salary increase is awarded it shall continue regardless of future promotions to higher non-management positions. However, it shall not be added to the incentive paid for more advanced degrees provided in subsections (b) and (c) below.
(b) A six percent increase of his or her hourly base rate shall be provided to Members who possess a Baccalaureate Degree in Administration of Justice, Police Science, or a related field, or an Advanced POST Certificate. Members with this incentive shall be classified as Police Officer 3 or Police Sergeant 3 and compensated according to Appendix A. Once this salary increase is awarded it shall continue regardless of future promotions to higher non-management positions.
However, it shall not be added to the incentive paid for a more advanced degree provided in subsection (c) below.
(3) The following Members are eligible for Education Incentive Pay:
(a) A Member who is a regular, non-probationary employee of the Town and has had at least twelve months of sworn law enforcement experience in a municipal law enforcement agency; or
(b) A lateral hire with five years of law enforcement experience when the Police Chief has determined in his or her discretion to grant Education Incentive prior to the conclusion of the Member’s probationary period.
Peace Officers Association MOU 2025-27 Page 8
(4) Documentation must be provided in order to receive the incentive. It is the Member’s responsibility to forward to the Police Chief the documents which certify eligibility for educational incentives. The incentive will commence on the first day of the pay period following the award date of the degree and/or certificate.
D. Field Training Officer
A Member assigned to serve as a Field Training Officer will receive a five percent differential of his or her base rate as shown in salary tables above for actual hours worked as Field Training Officer, which may be less than an entire shift.
E. Detective
A Member assigned to serve as a Detective will receive a five percent differential of his or her base rate as shown in salary tables above for all hours compensated during the assignment.
F. Officer in Charge
A Police Officer assigned to serve as Officer in Charge will receive a five percent differential of his or her base rate as shown in salary tables above for actual hours worked, which may be less than an entire shift. The Officer in Charge (OIC) assignment and duration is made at the discretion of the Police Chief. Members who are currently under a performance improvement plan, received a sub-standard rating in one or more categories on his or her most recent annual evaluation, or received a written reprimand or more serious discipline within six months from assignment may be restricted from applying for the OIC assignment . A minimum of
at least two years of sworn Police Officer experience with the Colma Police Department is preferred.
G. Retention Pay
Effective on the first pay period after July 1, 2025, eligible Members may begin to receive Retention Pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an additional 2.5% for continuous 15 years of Town of Colma service and an additional 2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% Retention Pay. The percentage of Retention Pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for Retention Pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service.
For purposes of this section, “continuous” service shall include Town-approved leaves of absence and other leaves required by law.
Peace Officers Association MOU 2025-27 Page 9
ARTICLE 14 - OVERTIME AND COMPENSATORY PAY
A. Members will be routinely scheduled to work eighty-four (84) hours in a fourteen- day work period. Members will receive overtime when a Member has worked in excess of eighty- four (84) hours during the fourteen-day work period, subject to the provisions below. For purposes of this section, vacation leave that was scheduled and approved at least twenty-eight (28) days prior to the date taken off, sick leave, bereavement leave and training hours will count towards hours worked.
Vacation leave not scheduled and approved at least twenty-eight (28) days prior to the date taken off, administrative leave and compensatory time used will not count as hours worked for purposes of this section.
(1) Overtime must be approved in advance by the Police Chief or Designee.
(2) The overtime pay rate will be paid as defined in the FLSA.
(3) All overtime worked which is less than one-hour increments in a work shift shall be compensated in fifteen-minute increments.
B. Notwithstanding the foregoing, the Member may, in his or her sole discretion, take or bank Compensatory Time Off at the rate of one and one-half hours for each hour of overtime worked. A Member’s Compensatory Time Leave Bank will be established with a maximum leave balance of eighty-one hundred twenty hours.
C. A Member who is subpoenaed to testify on his or her day off at any judicial, civil or administrative hearing, including but not limited to Superior Court, Municipal Court, Traffic Court, DMV hearing, civil deposition or parole hearing, on a matter arising out of the Member's course and scope of employment, shall earn overtime as follows:
(1) While at the place of the hearing, the Member shall earn overtime from the time first required to be there until the time released, except for meal breaks. The Member will be paid for only one block of time in a day, regardless of the number of matters that may require the Member's appearance. Except for the circumstances described in paragraphs (2) and (3), the Member will earn a minimum of four hours of overtime for the day.
(2) If placed on telephone standby by the District Attorney, the Member shall earn two hours of overtime for all time on standby. If the Member is called to court, he or she will receive overtime from the time first required to be there until the time released, except for meal breaks. The Member called to court will receive court overtime in lieu of standby overtime. In all cases, Members must have authorization from a supervisor prior to accepting the telephone standby.
Peace Officers Association MOU 2025-27 Page 10
(3) When a Member is required to be at the place of the hearing within four hours prior to his or her shift, the Member shall earn overtime from the time first required to be at the hearing until the beginning of his or her scheduled shift, except for meal breaks. When a Member is required to be at the place of the hearing within one hour after his or her shift, the Member shall earn overtime from the end of his or her shift until the time released, except for meal breaks.
(4) While testifying by telephone, Members shall earn overtime for the time the Member is required to be on the telephone.
D. A Member who is called to work within four hours of the start of his or her shift will receive at least one hour of regular pay, if actual time worked is less than one hour, and overtime pay, if actual hours worked or counted as worked in a work period exceed eighty-four (84) hours.
E. A Member, who is called to work on his or her day off, or after having been relieved of duty for the day at least one hour prior, shall earn overtime for the time the Member is called back, with a minimum of four hours of overtime. If the callback shift exceeds four hours, the Member will be compensated overtime on an hour for hour basis after the first four hours.
F. All training scheduled on a Member’s day off will be compensated on an hour-for- hour basis and overtime pay, if actual hours worked or counted as worked in a work period exceed eighty-four (84) hours. Firearms training will normally be conducted while the Member is on duty. If the Member must attend the range while off duty, he or she will be limited to two hours per quarter and will be compensated on an hour-for-hour basis and overtime pay as required by FLSA. The first quarter begins in January of every year.
G. K-9 handlers will receive seven hours of overtime pay per pay period to compensate for any work after scheduled hours that may be required to feed and care for the canine unit in Member’s charge.
ARTICLE 15 - HOLIDAY PAY
A. In lieu of holiday pay, Members will be paid additional compensation at the rate of five percent of his or her base hourly rate of pay according to his or her classification as shown in salary tables above for all hours except overtime. Said compensation shall be paid at the same time and manner as the Member is usually paid his or her salary, without regard for the number of holidays occurring or worked during the pay period and will be included in the FLSA overtime calculation.
This policy is in lieu of the holiday schedule and holiday leave policy set forth in the Town’s Personnel Policies.
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B. Notwithstanding the above, Members who work on designated significant holiday shifts will be compensated at one and a half (1.5) times his/her base rate as defined in the salary tables. The designated significant holiday shifts are 6:00pm to 6:00am on Thanksgiving, December 24 and December 31 and 6:00am to 6:00pm on Thanksgiving, December 25 and January 1.
Change City Holidays by deleting Lincoln’s Birthday for Juneteenth.
ARTICLE 16 - LEAVES
A. Vacation Leave
(1) Sign up for vacation periods for the upcoming calendar year shall be completed by December 31. Any Member who has not signed up for all vacation time he or she is entitled to by midnight on December 31 shall lose all priority he or she is entitled to because of higher seniority.
(2) A Member may accrue unused vacation time up to two times the number of hours the Member may earn in one year. For example, a Member with two years of service may accrue up to one hundred-sixty (160) hours of unused vacation time while a Member with more than fifteen years of service may accrue up to four hundred (400) hours.
(3) Once a Member has accrued the maximum number of unused vacation hours set forth in Article 16A(2) above, the Member shall not earn any additional vacation hours until vacation is utilized to bring the amount of accrued vacation below the applicable cap or vacation is cashed out as permitted by this policy.
(4) A Member may cash out a portion of his/her accrued vacation hours in accordance with Town’s Personnel Policies.
B. Personnel Leave
Notwithstanding the provisions of the Town’s Personnel Policies regarding Leaves:
(1) A Member shall accrue personal leave (as defined in the Town's Personnel Policies) while on disability leave of absence under Labor Code section 4850.
(2) Members will accrue sick leave at a rate of eight hours per month.
Peace Officers Association MOU 2025-27 Page 12
(3) Upon separation of employment with the Town, a Member is not entitled to be paid for his or her accrued and unused sick leave except as follows:
(a) a Member hired prior to or on July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty (60) days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit or be paid for unused and accrued sick leave, provided that the number of hours to be converted or paid shall not exceed 1,092 hours.
(b) a Member hired after July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty (60) days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit provided that the number of hours to be converted shall not exceed 1,092 hours.
Accrued but unused sick leave shall have no cash value at separation for such Members.
(4) Nothing herein shall prevent a Member from accruing sick leave beyond 1,092 hours and, while employed, taking paid sick leave from the total amount of accrued sick leave in accordance with the Town’s Sick Leave Policy.
C. The Town will administer Family Leave in accordance with state and federal law.
ARTICLE 17 - REIMBURSEMENTS
A. Uniform and Equipment Allowance
(1) The Town agrees to pay to full-time Members a uniform allowance. The amount of the annual allowance shall be one thousand and twenty-five dollars ($1,025). Payment of the uniform allowance shall be paid a pro-rata amount on each paycheck (for example $1,025 divided by 26 = $39.43 per pay period). A one-time payment shall be issued on the next regular pay period after ratification of this MOU which shall equal to amounts earned March 1, 2016 to the date of contract ratification. This uniform allowance is not CalPERS reportable compensation for Members hired on or after January 1, 2013, who were never members of a public employee retirement system or who had a break in service of more than six months.
Peace Officers Association MOU 2025-27 Page 13
(2) A Member shall not be required to purchase any item that the Town is required by law to provide to peace officers.
(3) The service weapon for new Members or for current Members who need to replace their existing personal weapon, shall be the service weapon provided and maintained by the Town at the Town’s own expense, or a weapon provided and maintained by the Member which the Police Chief has approved. Upon termination of employment for any reason, a Member using a service weapon provided by the Town shall return the weapon to the department.
(4) The Town shall provide, at the Town’s own expense, new full-time Members an initial uniform consisting of the items determined by the Chief and approved by the City Manager.
B. Damage to Personal Property and Uniforms
(1) The Town shall reimburse a Member for damage to uniforms that are damaged during duty hours or while stored in their locker at a Town facility, providing that the Member made a reasonable effort to safeguard the uniform. This reimbursement shall be made on approval of the Police Chief.
(2) The Town shall reimburse a Member for damage of personal property in the performance of his/her duty, subject to the following restrictions:
(a) The maximum reimbursement for items of personal property necessity such as eyeglasses and hearing aids shall be two hundred dollars ($200.00).
(b) The maximum reimbursement for the damage of all other personal property shall be fifty dollars ($50.00).
(c) Requests for reimbursement for the damage of personal property must be made within the shift in which the damage occurs. (d) Reimbursement of damaged property must be approved by the Police Chief.
C. Tuition Reimbursement
Regular, full-time Members shall be entitled to the Tuition Reimbursement benefits as described in the Town’s Personnel Policies.
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ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS
A. PERS Retirement
(1) Classic – Tier One Hired before August 1, 2012
Members hired before August 1, 2012, that are enrolled in the California Public Employees Retirement System (PERS) shall receive a retirement allowance under the “3% at 50 Modified," formula, One-Year Final Compensation retirement plan, to the extent provided by law.
(2) Classic – Tier Two Hired on or after August 1, 2012
Members hired on or after August 1, 2012, including Members hired on or after January 1, 2013 who are not classified as “new members” (as defined in Gov’t Code 7522.04(f)) under Public Employees’ Pension Reform Act (PEPRA), that are enrolled in PERS shall receive a retirement allowance under the “3% at 55 Modified” formula, Three-Year Final Compensation retirement plan, to the extent provided by law.
(3) PEPRA - Hired on or after January 1, 2013
Members hired on or after January 1, 2013, who are classified as “new members” (as defined in Gov’t Code 7522.04(f)) under PEPRA, that are enrolled in PERS shall receive a retirement allowance under the “2.7% @ 57 formula”, Three-Year Final Compensation retirement plan, to the extent provided by law.
Each Member shall contribute to PERS the employee’s rate of contribution required by law relevant to his/her retirement formula, as may be amended from time to time by the State of California. The Member does not have the right to directly receive the Member’s PERS contribution in lieu of payment to PERS. The Town shall contribute all other costs and contributions necessary to implement this plan.
If the Employer’s contribution required by PERS increases over the present contribution, the Town shall pay the increase; if the Employer’s contribution decreases, the Town shall keep the savings.
Peace Officers Association MOU 2025-27 Page 15
B. Deferred Compensation Plan
As to any Member who participates in the Town’s deferred compensation plan, the Town will pay a sum equal to the amount withheld from salary by the Member and contributed to the Plan, up to one hundred dollars ($100) per month. The City Manager may establish reasonable rules and procedures for implementing this plan.
If the additional sum contributed by the Town causes the Member’s contribution to exceed the maximum amount allowed under federal law as deferred compensation, then such sum shall be reported as taxable income of the Member.
C. Dental, Vision, and Life Insurances
Dental, vision, and life insurance are as provided in the Town’s Personnel Policies, except that Members hired on or after January 1, 2008, will not receive Town-paid dental benefits upon retirement. Members hired prior to January 1, 2008, will continue to receive Town-paid dental benefits upon retirement to the same extent as other miscellaneous Town employees.
D. Medical Insurance
(1) PEMHCA Minimum Contribution
The Town contracts with PERS pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA) for the purpose of providing eligible Members, dependents and annuitants with access to medical insurance.
The Town shall revise its current PEMHCA contract with CalPERS through the adoption of a new PEMHCA resolution to provide that the Town shall pay to PERS, on behalf of each eligible active Member and each retired Member who qualifies for retiree medical benefits, a monthly employer contribution equal to the minimum contribution required under Section 22892(b)(2) of PEMHCA (PEMHCA Minimum). This amount is established by CalPERS and may change annually.
Pursuant to PEMHCA and relevant PERS regulations, a retired Member will qualify for retiree medical benefits if his or her retirement from the Town is effective within 120 days of his or her separation from employment with the Town and the retired Member receives a retirement allowance from CalPERS resulting from his or her service with the Town (Annuitant).
Annuitants are eligible to continue health coverage under PEMHCA. An Annuitant will receive the PEMHCA Minimum regardless of hire date.
Supplemental benefits will be provided to Active Members and Annuitants in accordance with the terms set forth in Sections (2), (3) and (4) below.
Peace Officers Association MOU 2025-27 Page 16
(2) Supplemental Benefit for Active Members
The Town offers an Internal Revenue Code Section 125 Plan (Plan) which contains premium conversion, health care reimbursement and dependent care reimbursement as available benefits. The availability of the Plan is contingent on compliance with State and Federal rules and regulations. The Town and Association agree to meet and confer if any part of the Plan is found to be noncompliant regarding a replacement provision. In addition to the PEMHCA Minimum, the Town contributes for eligible Active Members an additional amount to be used to pay for premiums for Health Insurance Coverage through the Plan. The amount of the additional monthly contribution for each Active Member’s PERS health insurance premium is based on the date of hire. An Active Member may not use the contribution for other reasons.
(i) Active Members Hired Prior to June 1, 2008 (Tier A)
Active Members hired prior to June 1, 2008, will receive a contribution under the Plan equal to the full cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA minimum contribution.
The Town may not require Tier A Active Members to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.
(ii) Active Members Hired on or after June 1, 2008 but on or before June 30, 2012 (Tier B)
Active Members hired on or after June 1, 2008 and on or before June 30, 2012, will receive a contribution under the Plan equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum. Members may select enrollment in a plan that exceeds the maximum Employer contribution and the difference in cost will be paid by the Member through payroll deductions.
(iii) Active Members Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C) Active Members hired on or after July 1, 2012 and on or before December 31, 2016, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above.
Peace Officers Association MOU 2025-27 Page 17
(iv) Active Members Hired on or after January 1, 2017 (Tier D)
Active Members hired on or after January 1, 2017, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above.
(3) Supplemental Benefit for Annuitants Originally Hired Before January 1, 2017
In addition to the PEMHCA Minimum, each Annuitant hired by the Town on or before December 31, 2016 is eligible for an Employer contribution, as set forth below, to be used for reimbursement of additional medical costs under a Retiree Health Reimbursement Arrangement (HRA) established by the Employer. Receipt of Reimbursements may be made through a third- party administrator and subject to administrative requirements.
(i) Annuitants Who Were Originally Hired Prior to June 1, 2008 (Tier A)
Annuitants hired by the Town prior to June 1, 2008, will receive a monthly HRA contribution equal to the monthly cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA Minimum.
The Town may not require Tier A Annuitants to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.
(ii) Annuitants Who Were Originally Hired on or after June 1, 2008, but on or before June 30, 2012 (Tier B)
Annuitants hired by the Town on or after June 1, 2008, but on or before June 30, 2012, will receive an HRA contribution equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum.
(iii) Annuitants Who Were Originally Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C)
Annuitants hired by the Town on or after July 1, 2012, but on or before December 31, 2016, who have five years of service with the Town and at least ten years of total PERS service credit, will receive an HRA contribution equal to the “applicable percentage” of the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of Peace Officers Association MOU 2025-27 Page 18
the second most costly plan offered by PERS, as adjusted by the “applicable percentage”, minus the PEMHCA Minimum.
The “applicable percentage” shall be determined on the basis of the Annuitant’s years of service (with a minimum of five years of service with the Town) pursuant to the following vesting schedule:
Notwithstanding the preceding service requirement, the contribution payable by the Town shall be equal to 100 percent of the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum, on behalf of any annuitant who retired for industrial disability.
This benefit is structured in accordance with the PERS statutory vesting schedule in Government Code Section 22893 such that Tier C Annuitants will receive retiree medical benefits calculated in accordance with the statutory vesting schedule and related provisions of Section 22893, as it may from time to time be amended, provided that only the PEMHCA Minimum will be paid directly to CalPERS and the remaining amount, as described in the first paragraph of this Section (D)(3)(iii), will be provided to Tier C Annuitants in the form of a reimbursement under the terms of the HRA.
CREDITED YEARS OF
SERVICE
APPLICABLE
PERCENTAGE
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or More 100%
Peace Officers Association MOU 2025-27 Page 19
(iv) Retiree Health Benefit Preserved in Event of Reinstatement and Subsequent Retirement
In accordance with AB 410 (2013), as codified in Government Code Section 22838, an Annuitant eligible for retiree health benefits pursuant to Section (D)(3)(i), (ii) or (iii) who reinstates from retirement may, upon his or her subsequent retirement, elect to enroll in a health benefit plan approved or maintained by CalPERS as an annuitant of the Town and receive the applicable benefit under Section (D)(3)(i), (ii) or (iii), if all of the following apply:
(a) The subsequent retirement occurs on or after January 1, 2014; (b) The Annuitant is eligible for retiree health coverage through the Town prior to reinstatement from retirement;
(c) The subsequent retirement occurs within 120 days of separation; and
(d) The retiree health contribution available from the Town is higher than the retiree health contribution from the employer through which the subsequent retirement occurs.
To the extent that the Town’s conversion to the PEMHCA Minimum causes the requirement at (d) above to fail and, as a result, the Annuitant enrolls in a PERS health benefit plan through the subsequent employer, the Town shall cause the difference between the total benefit described in Section (D)(3)(i), (ii) or (iii), as applicable, and the retiree health benefit to which he or she is entitled under the subsequent employer, to be paid to the Annuitant in the form of a reimbursement under the HRA of substantiated expenses for a PERS health insurance plan in which he or she has enrolled.
(4) Retirement Health Savings Program (RHSP)
As soon as administratively possible, the Town will establish a Retirement Health Savings Program (RHSP). The RHSP will use a third-party administrator selected by the town. The design of the RHSP is intended to be a tax advantaged savings plan to be used exclusively for qualifying medical expenses during retirement.
(i) Mandatory Participation - Members Hired on or after January 1, 2017
Members hired on or after January 1, 2017 receive a monthly Employer contribution to an individual account under the RHSP. The Town shall contribute to the Member’s individual RHSP account an amount equivalent to two- and one-half percent (2.5%) of the Member’s monthly base salary as shown in the Town’s adopted Peace Officers Association MOU 2025-27 Page 20
salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.
The member shall contribute to the Member’s individual RHSP account an amount equivalent to one- and one-half percent (1.5%) of the Member’s monthly base salary as shown in the Town’s adopted salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.
(ii) Optional Participation - Members Hired Prior to January 1, 2017
Members hired prior to January 1, 2017 may exercise a one-time irrevocable election and waiver as defined in the RHSP Plan Document. Any Member who elects to receive the RHSP benefit shall receive the same benefit as described in Section (D)(4)(i) above and will no longer receive the benefits in Section (D)(3) above.
E. Health Club Membership
Health Club Membership benefits are as provided in the Town’s Personnel Policies.
F. Funeral Expenses
The Town shall pay fifteen thousand dollars ($15,000) to the executor, administrator or personal representative of the estate of, or to the trustee authorized to pay funeral expenses for, any Member killed in the line of duty.
ARTICLE 19 - PAYROLL ERRORS
A. To ensure that system or other errors which affect a Members pay are processed in an efficient and effective manner, the Town shall notice the affected Member as soon as practicable.
B. Payroll errors detected by a Member shall, as soon as practicable, be communicated to the City Manager, or his or her designee. In the case of under payment, the City Manager or his or her designee will process the appropriate adjustments as soon as practicable.
C. Payroll errors identified by the City Manager or his or her designee will be communicated to the Member either directly or through the Police Chief.
Peace Officers Association MOU 2025-27 Page 21
D. Under payments will be processed as soon as practicable.
E. In the event of an overpayment, the City Manager or his or her designee will determine a reasonable repayment schedule and inform the Member of the schedule directly or through the Police Chief. The affected Member shall be given an opportunity to discuss the repayment schedule and, if necessary, to request a reasonable adjustment to it. Factors considered in determining a reasonable adjustment to the repayment schedule include but are not limited to, the Member’s normal salary, and other financial obligations of the Member. The Town and the Association agree that the Town will use any and all legal remedies to recover any salary overpayment made to the Member from the Member’s wages in the event that (1) the Member does not respond within five working days of being notified of the overpayment or (2) mutual agreement on the repayment schedule is not achieved within ten working days of the Member being notified of the overpayment.
ARTICLE 20 - GRIEVANCE PROCEDURE
Grievance procedures are provided as stated in the Town’s Personnel Policies.
ARTICLE 21 - SAFETY VESTS
The parties have met and conferred and agreed to the Town’s Safety Vest Policy.
ARTICLE 22 - DEFINITIONS
As used in this Memorandum:
“Base rate” means the hourly rate of pay, by each job classification shown in the tables in Appendix A of this Memorandum.
“Personnel Policies” means the provisions, policies and regulations adopted by the City Council as Chapter Three of the Colma Administrative Code, or its successor, and the procedures and regulations adopted by the City Manager to implement the provisions of Chapter Three of the Colma Administrative Code or its successor.
“Designated Significant Holiday Shifts” are defined in paragraph 15.B.
Peace Officers Association MOU 2025-27 Page 22
ARTICLE 23 - TRANSITION
A. Upon execution, this Memorandum of Understanding will supersede the Memorandum of Understanding between the parties and for the period from July 1, 2025 to June 30, 2027.
Peace Officers Association MOU 2025-27 Page 23
Appendix A – Salaries
June 22, 2025 – an across the board wage increase of 2% (Pay date 7/11/2025) December 21, 2025 – an across the board wage increase of 2% (Pay date 1/09/2026)
Res 2025-__, Approving Dispatch MOU 2025-2027 Page 1 of 2 RESOLUTION 2025-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF COLMA AND THE COLMA POLICE
COMMUNICATION/RECORDS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:
1 . Background.
(
a) The Town’s MOU with the Dispatch/Re cords Association will expire on June 30, 202 6.
Per Article 8 – Duration and Renewal of the MOU, parties agreed to commence negotiations on March 1, 2025, to discuss the following items: Retention Pay, Bilingual Assessment, Shift Differential, Crisis Intervention Training Pay, and Compensatory Time Maximum. (b) Upon direction from the City Council, the City Manager and the Town’s labor negotiator began labor negotiations. Due to both sides working diligently together, updated labor agreement terms have been reached between both sides.
(
c) Staff is now presenting the formal MOU detailing the conclusion of the labor negotiation terms for City Council consideration and approval.
2 . Order.
(
a) The City Council hereby approves the Memorandum of Understanding between the Town of Colma and the Colma Police Communication/Records Association (Dispatch) for the time period of July 1, 2025 through June 30, 2027, which is attached hereto a s Exhibit A. This MOU shall supersede the prior MOU upon its execution.
(b) The Mayor shall be, and hereby is, authorized to execute the Memorandum of Understanding, subject to any changes in form or technical language approved by the City Manager and City Attorney.
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ATTACHMENT C
Res 2025-__, Approving Dispatch MOU 2025-2027 Page 2 of 2
Certification of Adoption
I certify that the foregoing Resolution No. 202 5-__ was duly adopted at a regular meeting of said City Council held June 11, 2025 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter, Vice Mayor
Helen Fisicaro, Councilmember
Joanne F. del Rosario,
Councilmember
Thomas Walsh,
Councilmember
Voting Tally
Dated ______________________ ___________________________________ Ken Gonzalez, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
Police Communications/Records Association MOU 2025-2027 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF COLMA
AND
THE COLMA POLICE COMMUNICATIONS/RECORDS
ASSOCIATION
July 1, 2025 - June 30, 2027
ATTACHMENT D
Police Communications/Records Association MOU 2025-2027 Page 2
TABLE OF CONTENTS
Page
ARTICLE 1 - PURPOSE AND INTENT .............................................................................................. 2 ARTICLE 2 - REPRESENTATION ................................................................................................... 2 ARTICLE 3 - RIGHTS RESERVED .................................................................................................. 2 ARTICLE 4 - MANAGEMENT OBLIGATIONS ..................................................................................... 3 ARTICLE 5 - SEVERABILITY ........................................................................................................ 3 ARTICLE 6 - WAIVER ................................................................................................................. 3 ARTICLE 7 - MAINTENANCE OF BENEFITS ..................................................................................... 3 ARTICLE 8 - DURATION AND RENEWAL ....................................................................................... 4 ARTICLE 9 - WORK PERIOD AND HOURS ...................................................................................... 4 ARTICLE 10 - STAFFING LEVELS .................................................................................................. 4 ARTICLE 11 - SHIFT SELECTION ................................................................................................. 4 ARTICLE 12 - SHIFT EXCHANGE .................................................................................................. 5 ARTICLE 13 - SALARIES .............................................................................................................. 5 ARTICLE 14 - OVERTIME AND COMPENSATORY PAY ....................................................................... 6 ARTICLE 15 - HOLIDAY PAY ........................................................................................................ 7 ARTICLE 16 - LEAVES ................................................................................................................. 8 ARTICLE 17 - REIMBURSEMENTS ................................................................................................ 9 ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS ..................................................... 10 ARTICLE 19 - PAYROLL ERRORS ................................................................................................. 16 ARTICLE 20 - GRIEVANCE PROCEDURE ....................................................................................... 16 ARTICLE 21 - SAFETY VESTS ..................................................................................................... 16 ARTICLE 22 - DEFINITIONS ...................................................................................................... 16 ARTICLE 23 - TRANSITION ....................................................................................................... 17 Police Communications/Records Association MOU 2025-2027 Page 3
MEMORANDUM OF UNDERSTANDING
[See Article 22 for definitions]
ARTICLE 1 - PURPOSE AND INTENT
A. It is the intent and purpose of the parties that this Memorandum of Understanding shall set forth rules of pay, hours of work, and other terms and conditions of employment to be observed by the parties in connection with the Police Clerical/Dispatching Employees Unit. The provisions of this Memorandum of Understanding shall apply only to the Members of the Police Clerical/Dispatching Employees Unit (Member) and shall in no way establish terms and conditions of employment of other employees of the Town of Colma who are not Members of that Unit. The classifications included in that Unit are Police Dispatcher/Clerk and Police Dispatch/Records Supervisor. This agreement has been developed in the interest of promoting and improving employee relations between the Town of Colma (hereinafter referred to as the Town) and the Colma Police Communications/Records Association (hereinafter referred to as the Association).
B. This Memorandum is entered into pursuant to the Meyers-Milias-Brown Act (GOVERNMENT CODE sections 3500, et seq.) and Subchapter 3.09 of the Administrative Code of the Town.
ARTICLE 2 - REPRESENTATION
A. The Town hereby recognizes the Association as the Recognized Employee Organization to act as bargaining agent for the Police Clerical/Dispatching Employees Unit.
B. The Town shall deduct the Association dues from the Members' pay checks and transmit such monies to the duly authorized and designated employee organization representative or by direct deposit to the Association's bank account.
ARTICLE 3 - RIGHTS RESERVED
A. The Association recognizes that the Town has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects subject to this Memorandum.
Police Communications/Records Association MOU 2025-2027 Page 4
B. The City Manager and Police Chief have and will continue to retain exclusive decision- making authority on matters not officially and expressly modified by specific provisions of this Memorandum and such decision-making shall not be subject in any way, directly or indirectly, to the grievance procedure contained herein.
The exclusive rights of the Town shall include, but not be limited to, the right to determine the organization of Town government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect Administrative Regulations and Employment Rules and Regulations consistent with law and the specific provisions of this Memorandum to direct its employees, to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the methods, means and personnel by which the Town's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.
ARTICLE 4 - MANAGEMENT OBLIGATIONS
The Town shall, at its own expense, provide to every Member a copy of this Memorandum and all rules, regulations, general and special orders.
ARTICLE 5 - SEVERABILITY
If any article or section of this Memorandum of Understanding or if any chapter or section of the Town's Personnel Policies referred to in this Memorandum should be found invalid, unlawful, or unenforceable by reason of any existing or subsequent enacted legislation by a court of competent jurisdiction, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the Town and Association may negotiate regarding that section or article on the anniversary of this Memorandum as provided by Article 8. However, in the event the legislation or decision referred to above affects wages, hours or working conditions, the Town and Association agree to meet and confer within sixty days of the effective date of the legislation or decision to renegotiate said article or section.
ARTICLE 6 - WAIVER
The parties acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the Town and the Association, for the life of this agreement, each voluntarily and unqualifiedly waives the right and ea ch agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this agreement (except as provided in Article 5), even though such subject or matter may not have been within the knowle dge and contemplation of either or both parties at the time they negotiated or signed this agreement. However, in the event the Police Chief, the City Manager or the City Council imposes a change in policy regarding the Association Police Communications/Records Association MOU 2025-2027 Page 5
which substantially affects wages, hours or other terms and conditions of employment not covered by this Memorandum of Understanding, the Association may request that the Town meet and confer regarding that change.
ARTICLE 7 - MAINTENANCE OF BENEFITS
A. The status of all existing benefits and conditions of employment now enjoyed by classifications represented by the Association shall not be deemed affected by this agreement, except as specifically modified by provisions of this Memorandum.
B. Except as expressly stated in this Memorandum, where this Memorandum refers to a benefit in the Town's Personnel Policies,, that benefit may only be modified by the Town after meeting and conferring with the Association.
ARTICLE 8 - DURATION AND RENEWAL
Unless otherwise specifically provided herein, this Memorandum of Understanding shall run from July 1, 2025, to June 30, 2027. It shall be automatically renewed from year to year thereafter, with no scheduled salary increases, unless either party shall have notified the other, in writing, at least sixty days prior to the expiration date that it desires to modify the Memorandum of Understanding. In the event that such notice is given, negotiations shall begin within thirty days of delivery of the notice of intent to modify the Memorandum of Understanding.
The parties agree to commence negotiations for a new MoU on or about March 1, 2026.
ARTICLE 9 -WORK PERIOD AND HOURS
The work period established for Members is a regularly recurring period of forty hours in seven consecutive days beginning at 00:01 each Sunday and ending at 24:00 the following Saturday.
ARTICLE 10 - STAFFING LEVELS
A. The Police Chief shall determine the minimum staffing levels on each work shift.
B. Open shifts may or may not be filled, depending on the ongoing safety of department personnel. If the Police Chief or his/her designee decides to fill the open shift, this will be implemented without the use of overtime, whenever possible. This may include altering the normal work shift of Members to reduce or eliminate the need for overtime. When overtime must be used to fill an open shift, it will be filled by seniority, with the first choice going to the senior Member of the Association. '
(1) Open shifts are designated as any/all hours which need coverage by an employee due to sick leave, vacation, CTO, LOA, paid family leave, training and any other open hours.
(2) Open shifts are defined as the normally scheduled hours for the shift had the Member on leave actually worked it.
Police Communications/Records Association MOU 2025-2027 Page 6
ARTICLE 11 - SHIFT SELECTION
A. Members will sign up for shifts by seniority for a one year time frame (January through December). The Police Chief or his designee may assign a Member to an alternate shift at any time for the good of the organization.
In order to avoid miscommunication, the Police Dispatch/Records Supervisor will notify the Police Dispatcher/Clerk in person, by phone, or by official schedule change form to be initialed by employee, of changes they feel are necessary in the hours of the monthly schedule. (Days off will not be changed unless an emergency exists, or unless the employee volunteers to make changes.) Every effort will be made to notify the employee as soon as the need is recognized for a shift change. Messages left on answering devices or notes left in Member's boxes shall not be considered adequate by themselves.
B. In the interests of Supervisor-Member relations all attempts will be made to seek volunteers when changes in the schedule are necessary.
C. Changes in a Member's schedule shall not be used as a disciplinary action, bonus or an incentive. However, if after a sustained personnel investigation it is determined that a change in the schedule is necessary, that change can be made at the discretion of the Police Chief.
ARTICLE 12 - SHIFT EXCHANGE
A. All Members may be permitted to substitute for another during scheduled work hours, as herein provided. Trading shall be limited to one shift in any consecutive thirty days and any Member requesting a trade shall submit a written request to the Chief or designee seven days prior to the first day of the trade. No trade shall be made unless the Chief or designee approves the trade in writing. The traded shift shall be paid back within the same thirty days.
This shift trading is strictly voluntary on the part of Members and is for their benefit, not the benefit of the Town. The Town shall exclude the hours worked as a substitute in calculating overtime.
B. Once the exchange has been signed by both Members and approved by the Police Chief or his or her designee, it will be the responsibility of the person agreeing to work the shift to cover that shift.
ARTICLE 13 - SALARIES
A. Effective in the first pay period beginning after the Council ratifies this MOU, the Town shall pay each Member an amount determined by multiplying the number of hours worked in a pay period by the applicable hourly base rate of pay shown for the Member in Appendix A.
B. FICA and PERS Member Contributions
Each Member shall pay the employee share of FICA (Social Security and Medicare) taxes and the employee's contributions to the Public Employees Retirement System (PERS).
Police Communications/Records Association MOU 2025-2027 Page 7
C. Training Differential
(1) The Town shall pay a Member who is assigned to train new clerk/dispatchers, Officers or per diem employees an additional five percent differential of his or her base rate as shown in Appendix A for actual hours worked as a Trainer in one-half hour increments.
(2) Members may be required to provide orientation for new employees provided that such orientation responsibilities do not exceed one hour per day. No additional compensation shall be paid for performing orientation duties under this paragraph.
(3) The Police Chief or his or her designee shall have discretion to make all training assignments.
D. CAD Administration Incentive
(1) The Town shall pay a Member who is assigned duties of CAD system administration an additional five percent (5%) of his or her base pay as shown in Appendix A and shall pay the Member who is assigned backup CAD system administration duties an additional two and one half percent (2.5%) of his or her base pay.
(2) The Police Chief or his or her designee shall have discretion to make CAD system administration assignments.
E. Retention Pay
Effective on the first pay period after July 1, 2025, eligible Members may begin to receive Retention Pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an addit ional 2.5% for continuous 15 years of Town of Colma service and an additional 2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% Retention Pay. The percentage of Retention Pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for Retention Pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall include Town-approved leaves of absence and other leaves required by law.
ARTICLE 14 - OVERTIME AND COMPENSATORY PAY
A. Members will be routinely scheduled to work forty hours in a seven-day work period.
Members will receive overtime when a Member has worked in excess of forty hours during the seven-day work period, subject to the provisions below. For purposes of this section, holiday as listed under Article l6 (B), vacation leave that was scheduled and approved at least twenty- eight (28) days prior to the date taken off, sick leave, bereavement leave and training hours will count towards hours worked. Vacation leave not scheduled and approved at least twenty-eight (28) days prior to the date taken off, administrative leave and compensatory time used will not count as hours worked for purposes of this section.
Police Communications/Records Association MOU 2025-2027 Page 8
(1) Overtime must be approved in advance by the Police Chief or Designee.
(2) .The overtime pay rate will be paid as defined in the FLSA.
(3) All overtime worked which is less than one hour increments in a work shift shall be compensated in fifteen-minute increments.
B. Notwithstanding the foregoing, the Member may, in his or her sole discretion, take or bank Compensatory Time Off at the rate of one and one-half hours for each hour of overtime worked. A Member's Compensatory Time Leave Bank will be established with a maximum leave balance of one hundred and twenty hours.
C. A Member who is subpoenaed to testify on his or her day off at any judicial, civil or administrative hearing, including but not limited to Superior Court, Municipal Court, Traffic Court, DMV hearing, civil deposition or parole hearing, on a matter arising out of the Member's course and scope of employment, shall earn overtime as follows:
(1) While at the place of the hearing, the Member shall earn overtime from the time first required to be there until the time released, except for meal breaks. The Member will be paid for only one block of time in a day, regardless of the number of matters that may require the Member's appearance. Except for the circumstances described in paragraphs (2) and (3), the Member will earn a minimum of four hours of overtime for the day.
(2) If placed on telephone standby by the District Attorney, the Member shall earn two hours of overtime for all time on standby. If the Member is called to court, he or she will receive overtime from the time first required to be there until the time released, except for meal breaks. The Member called to court will receive court overtime in lieu of standby overtime. In all cases, Members must have authorization from a supervisor prior to accepting the telephone standby.
(3) When a Member is required to be at the place of the hearing within four hours prior to his or her shift, the Member shall earn overtime from the time first required to be at the hearing until the beginning of his or her scheduled shift, except for meal breaks. When a Member is required to be at the place of the hearing within one hour after his or her shift, the Member shall earn overtime from the end of his or her shift until the time released, except for meal breaks.
(4) While testifying by telephone, Members shall earn overtime for the time the Member is required to be on the telephone.
D. A Member who is called to work within four hours of the start of his or her shift will receive at least one hour of regular pay, if actual time worked is less than one hour, and overtime pay, if actual hours worked or counted as worked in a work period exceed forty hours.
E. A Member, who is called to work on his or her day off, or after having been relieved of duty for the day at least one hour prior, shall earn overtime for the time the Member is called back, with a minimum of four hours of overtime. If the callback shift exceeds four hours, the Member will be compensated overtime on an hour for hour basis after the first four hours.
Police Communications/Records Association MOU 2025-2027 Page 9
F. All training scheduled on a Member's day off will be compensated on an hour for hour basis and overtime pay, if actual hours worked or counted as worked in a work period exceed forty hours.
ARTICLE 15 - HOLIDAY PAY
In lieu of holiday pay, Members will be paid additional compensation at the rate of five percent of his or her base hourly rate of pay according to his or her classification as shown in salary tables above for all hours except overtime. Said compensation shall be paid at the same time and manner as the Member is usually paid his or her salary, without regard for the number of holidays occurring or worked during the pay period and will be included in the FLSA overtime calculation.
This policy is in lieu of the holiday schedule and holiday leave policy set forth in the Town's Personnel Policies.
Notwithstanding the above, Members who work on designated significant holiday shifts will be compensated at one and a half (1.5) times his/her base rate as defined in the salary tables.
The designated significant holiday shifts are 7:00pm to 7:00am on Thanksgiving, December 24 and December 31 and 7:00am to 7:00pm on Thanksgiving, December 25 and January 1
Change City Holidays by deleting Lincoln’s Birthday for Juneteenth
ARTICLE 16 - LEAVES
A. Vacation Leave
(1) Sign up for vacation periods for the upcoming calendar year shall be completed by December 31. Any Member who has not signed up for all vacation time he or she is entitled to by midnight on December 31 shall lose all priority he or she is entitled to because of higher seniority.
(2) A Member may accrue unused vacation time up to two times the number of hours the Member may earn in one year. For example, a Member with two years of service may accrue up to one hundred-sixty (160) hours of unused vacation time while a Member with more than fifteen years of service may accrue up to four hundred (400) hours.
(3) Once a Member has accrued the maximum number of unused vacation hours set forth in Article 16A(2) above, the Member shall not earn any additional vacation hours until vacation is utilized to bring the amount of accrued vacation below the applicable cap or vacation is cashed out as permitted by this policy.
4) A Member may cash out a portion of his/her accrued vacation hours in accordance with Town's Personnel Policies.
B. Personnel Leave
Notwithstanding the provisions of the Town's Personnel Policies regarding Leaves:
(1) Members will accrue sick leave at a rate of eight hours per month.
Police Communications/Records Association MOU 2025-2027 Page 10
(2) Upon separation of employment with the Town, a Member is not entitled to be paid for his or her accrued and unused sick leave except as follows:
a. a Member hired prior to or on July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit or be paid for unused and accrued sick leave, provided that the number of hours to be converted or paid shall not exceed one thousand forty (1,040) hours.
b. a Member hired after July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty (60) days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit provided that the number of hours to be converted shall not exceed 1,040 hours. Accrued but unused sick leave shall have no cash value at separation for such Members.
(3) Nothing herein shall prevent a Member from accruing sick leave beyond one thousand forty (1,040) hours and, while employed, taking paid sick from the total amount of accrued sick leave in accordance with the Town's Sick Leave Policy.
C. The Town will administer Family Leave in accordance with state and federal law.
ARTICLE 17 - REIMBURSEMENTS
A. Uniform and Equipment Allowance
(1) The Town agrees to pay to full-time Members a uniform allowance. The amount of the annual allowance shall be seven hundred, seventy-four dollars and seventy-three cents ($774.73). Payment of the uniform allowance shall be paid a pro-rata amount on each paycheck (for example $774.73 divided by 26 = $29.80 per pay period). A one- time payment shall be issued on the next regular pay period after ratification of this MOU which shall equal to amounts earned March 1, 2016 to the date of contract ratification. This uniform allowance is not CalPERS reportable compensation for Members hired on or after January 1, 2013, who were never members of a public employee retirement system or who had a break in service of more than six months. (2) The Town shall provide, at the Town's own expense, new full-time Members an initial uniform consisting of the items determined by the Chief and approved by the City Manager.
B. Damage to Personal Property and Uniforms
(1) The Town shall reimburse a Member for damage to uniforms that are damaged during duty hours or while stored in their locker at a Town facility, providing that the Member made a reasonable effort to safeguard the uniform. This reimbursement shall be made on approval of the Police Chief.
Police Communications/Records Association MOU 2025-2027 Page 11
(2) The Town shall reimburse a Member for damage of personal property in the performance of his/her duty, subject to the following restrictions:
(a) The maximum reimbursement for items of personal property necessity such as eye glasses and hearing aids shall be two hundred dollars ($200.00).
(b) The maximum reimbursement for the damage of all other personal property shall be fifty dollars ($50.00).
(c) Requests for reimbursement for the damage of personal property must be made within the shift in which the damage occurs.
(d) Reimbursement of damaged property must be approved by the Police Chief.
C. Tuition Reimbursement
Regular, full-time Members shall be entitled to the Tuition Reimbursement benefits as described in the Town's Personnel Policies.
ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS
A. PERS Retirement
(1) Classic - Tier One Hired before August 1, 2012
Members hired before August 1, 2012, that are enrolled in the California Public Employees Retirement System (PERS) shall receive a retirement allowance under the "2.5% at 55 Modified," formula, One-Year Final Compensation retirement plan, to the extent provided by law.
(2) Classic - Tier Two Hired on or after August 1, 2012
Members hired on or after August 1, 2012, including Members hired on or after January 1, 2013 who are not classified as "new members" (as defined in Gov't Code 7522.04(f)) under Public Employees' Pension Reform Act (PEPRA), that are enrolled in PERS shall receive a retirement allowance under the "2% at 60 Modified" formula, Three-Year Final Compensation retirement plan, to the extent provided by law.
(3) PEPRA - Hired on or after January 1, 2013
Members hired on or after January 1, 2013, who are classified as "new members" (as defined in Gov't Code 7522.04(f)) under PEPRA, that are enrolled in PERS shall receive a retirement allowance under the "2% @ 62 formula", Three-Year Final Compensation retirement plan, to the extent provided by law.
(4) Each Member shall contribute to PERS the employee's rate of contribution required by law relevant to his/her retirement formula, as may be amended from time to time by the State of California. The Member does not have the right to directly receive the Member's PERS contribution in lieu of payment to PERS. The Town shall contribute Police Communications/Records Association MOU 2025-2027 Page 12
all other costs and contributions necessary to implement this plan. If the Employer's contribution required by PERS increases over the present contribution, the Town shall pay the increase; if the Employer's contribution decreases, the Town shall keep the savings.
B. Deferred Compensation Plan
As to any Member who participates in the Town's deferred compensation plan, the Town will pay a sum equal to the amount withheld from salary by the Member and contributed to the Plan, up to one hundred dollars ($100) per month. The City Manager may establish reasonable rules and procedures for implementing this plan. If the additional sum contributed by the Town causes the Member's contribution to exceed the maximum amount allowed under federal law as deferred compensation, then such sum shall be reported as taxable income of the Member.
C. Dental, Vision, and Life Insurances
Dental, vision, and life insurance are as provided in the Town's Personnel Policies, except that:
(1) Members hired on or after January 1, 2010, will not receive Town-paid dental benefits upon retirement. Members hired prior to January 1, 2010, will continue to receive Town-paid dental benefits upon retirement to the same extent as other miscellaneous Town employees.
D. Medical Insurance
(1) PEMHCA Minimum Contribution
The Town contracts with PERS pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA) for the purpose of providing eligible Members, dependents and annuitants with access to medical insurance. The Town shall revise its current PEMHCA contract with CalPERS through the adoption of a new PEMHCA resolution to provide that the Town shall pay to PERS, on behalf of each eligible active Member and each retired Member who qualifies for retiree medical benefits, a monthly employer contribution equal to the minimum contribution required under Section 22892(b)(2) of PEMHCA (PEMHCA Minimum). This amount is established by CalPERS and may change annually.
Pursuant to PEMHCA and relevant PERS regulations, a retired Member will qualify for retiree medical benefits if his or her retirement from the Town is effective within 120 days of his or her separation from employment with the Town and the retired Member receives a retirement allowance from CalPERS resulting from his or her service with the Town (Annuitant). Annuitants are eligible to continue health coverage under PEMHCA.
An Annuitant will receive the PEMHCA Minimum regardless of hire date.
Supplemental benefits will be provided to Active Members and Annuitants in accordance with the terms set forth in Sections (2), (3) and (4) below.
Police Communications/Records Association MOU 2025-2027 Page 13
(2) Supplemental Benefit Active Members
The Town offers an Internal Revenue Code Section 125 Plan (Plan) which contains premium conversion, health care reimbursement and dependent care reimbursement as available benefits. The availability of the Plan is contingent on compliance with State and Federal rules and regulations. The Town and Association agree to meet and confer if any part of the Plan is found to be noncompliant regarding a replacement provision. In addition to the PEMHCA Minimum, the Town contributes for eligible Active Members an additional amount to be used to pay for premiums for Health Insurance Coverage through the Plan. The amount of the additional monthly contribution for each Active Member's PERS health insurance premium is based on the date of hire. An Active Member may not use the contribution for other reasons.
(i) Active Members Hired Prior to June 1, 2010 (Tier A)
Active Members hired prior to June 1, 2010, will receive a contribution under the Plan equal to the full cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA minimum contribution.
The Town may not require Tier A Active Members to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.
(ii) Active Members Hired on or after June 1, 2010 but on or before June 30, 2012 (Tier B)
Active Members hired on or after June 1, 2010 and on or before June 30, 2012, will receive a contribution under the Plan equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum. Members may select enrollment in a plan that exceeds the maximum Employer contribution and the difference in cost will be paid by the Member through payroll deductions.
(iii) Active Members Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C)
Active Members hired on or after July 1, 2012 and on or before December 31, 2016, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above. (iv) Active Members Hired on or after January 1, 2017 (Tier D) Police Communications/Records Association MOU 2025-2027 Page 14
Active Members hired on or after January 1, 2017, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above.
(3) Supplemental Benefit for Annuitants Originally Hired Before January 1. 2017
In addition to the PEMHCA Minimum, each Annuitant hired by the Town on or before December 31, 2016 is eligible for an Employer contribution, as set forth below, to be used for reimbursement of additional medical costs under a Retiree Health Reimbursement Arrangement (HRA) established by the Employer. Receipt of Reimbursements may be made through a third-party administrator and subject to administrative requirements.
(i) Annuitants Who Were Originally Hired Prior to June 1, 2010 (Tier A) Annuitants hired by the Town prior to June 1, 2010, will receive a monthly HRA contribution equal to the monthly cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA Minimum.
The Town may not require Tier A Annuitants to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.
(ii) Annuitants Who Were Originally Hired on or after June 1, 2010, but on or before June 30, 2012 (Tier B)
Annuitants hired by the Town on or after June 1, 2010, but on or before June 30, 2012, will receive an HRA contribution equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum.
(iii) Annuitants Who Were Originally Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C)
Annuitants hired by the Town on or after July 1, 2012, but on or before December 31, 2016, who have five years of service with the Town and at least ten years of total PERS service credit, will receive an HRA contribution equal to the "applicable percentage" of the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of the second most costly plan offered by PERS, as adjusted by the "applicable percentage", minus the PEMHCA Minimum.
Police Communications/Records Association MOU 2025-2027 Page 15
The "applicable percentage" shall be determined on the basis of the Annuitant's years of service (with a minimum of five years of service with the Town) pursuant to the following vesting schedule:
CREDITED YEARS OF
SERVICE
APPLICABLE PERCENTAGE
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or More 100%
Notwithstanding the preceding service requirement, the contribution payable by the Town shall be equal to 100 percent of the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum, on behalf of any annuitant who retired for industrial disability.
This benefit is structured in accordance with the PERS statutory vesting schedule in Government Code Section 22893 such that Tier C Annuitants will receive retiree medical benefits calculated in accordance with the statutory vesting schedule and related provisions of Section 22893, as it may from time to time be amended, provided that only the PEMHCA Minimum will be paid directly to CalPERS and the remaining amount, as described in the first paragraph of this Section (D)(3)(iii), will be provided to Tier C Annuitants in the form of a reimbursement under the terms of the HRA.
(iv) Retiree Health Benefit Preserved in Event of Reinstatement and Subsequent Retirement
In accordance with AB 410 (2013), as codified in Government Code Section 22838, an Annuitant eligible for retiree health benefits pursuant to Section (D)(3)(i), (ii) or (iii) who reinstates from retirement may, upon his or her subsequent retirement, elect to enroll in a health benefit plan approved or maintained by CalPERS as an annuitant of the Town and receive the applicable benefit under Section (D)(3)(i), (ii) or
(iii), if all of the following apply:
(a) The subsequent retirement occurs on or after January 1, 2014; Police Communications/Records Association MOU 2025-2027 Page 16
(b) The Annuitant is eligible for retiree health coverage through the Town prior to reinstatement from retirement;
(c) The subsequent retirement occurs within 120 days of separation; and
(d) The retiree health contribution available from the Town is higher than the retiree health contribution from the employer through which the subsequent retirement occurs.
To the extent that the Town's conversion to the PEMHCA Minimum causes the requirement at (d) above to fail and, as a result, the Annuitant enrolls in a PERS health benefit plan through the subsequent employer, the Town shall cause the difference between the total benefit described in Section (D)(3)(i), (ii) or (iii), as applicable, and the retiree health benefit to which he or she is entitled under the subsequent employer, to be paid to the Annuitant in the form of a reimbursement under the HRA of substantiated expenses for a PERS health insurance plan in which he or she has enrolled.
(4) Retirement Health Savings Program (RHSP)
As soon as administratively possible, the Town will establish a Retirement Health Savings Program (RHSP). The RHSP will use a third-party administrator selected by the town. The design of the RHSP is intended to be a tax advantaged savings plan to be used exclusively for qualifying medical expenses during retirement. (i) Mandatory Participation - Members Hired on or after January 1, 2017 Members hired on or after January 1, 2017 receive a monthly Employer contribution to an individual account under the RHSP. The Town shall contribute to the Member’s individual RHSP account an amount equivalent to two- and one- half percent (2.5%) of the Member’s monthly base salary as shown in the Town’s adopted salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.
The member shall contribute to the Member’s individual RHSP account an amount equivalent to two- and one-half percent (2.5%) of the Member’s monthly base salary as shown in the Town’s adopted salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.
D. Health Club Membership
Health Club Membership benefits are as provided in the Town's Personnel Policies.
Police Communications/Records Association MOU 2025-2027 Page 17
E. Funeral Expenses
The Town shall pay fifteen thousand dollars ($15,000) to the executor, administrator or personal representative of the estate of, or to the trustee authorized to pay funeral expenses for, any Member killed in the line of duty.
ARTICLE 19- PAYROLL ERRORS
A. To ensure that system or other errors which affect a Members pay are processed in an efficient and effective manner, the Town shall notice the affected Member as soon as practicable.
B. Payroll errors detected by a Member shall, as soon as practicable, be communicated to the City Manager, or his or her designee. In the case of under payment, the City Manager or his or her designee will process the appropriate adjustments as soon as practicable.
C. Payroll errors identified by the City Manager or his or her designee will be communicated to the Member either directly or through the Police Chief.
D. Under payments will be processed as soon as practicable.
E. In the event of an overpayment, the City Manager or his or her designee will determine a reasonable repayment schedule and inform the Member of the schedule directly or through the Police Chief. The affected Member shall be given an opportunity to discuss the repayment schedule and, if necessary, to request a reasonable adjustment to it. Factors considered in determining a reasonable adjustment to the repayment schedule include but are not limited to, the Member's normal salary, and other financial obligations of the Member. The Town and the Association agree that the Town will use any and all legal remedies to recover any salary overpayment made to the Member from the Member's wages in the event that (1) the Member does not respond within five working days of being notified of the overpayment or (2) mutual agreement on the repayment schedule is not achieved within ten working days of the Member being notified of the overpayment.
ARTICLE 20 - GRIEVANCE PROCEDURE
Grievance procedures are provided as stated in the Town's Personnel Policies.
ARTICLE 21 - SAFETY VESTS
The parties have met and conferred and agreed to the Town's Safety Vest Policy.
ARTICLE 22 - DEFINITIONS
As used in this Memorandum:
"Base rate" means the hourly rate of pay, by each job classification shown in the tables in Police Communications/Records Association MOU 2025-2027 Page 18
Appendix A of this Memorandum.
Police Communications/Records Association MOU 2025-2027 Page 19
"Personnel Policies" means the provisions, policies and regulations adopted by the City Council as Chapter Three of the Colma Administrative Code, or its successor, and the procedures and regulations adopted by the City Manager to implement the provisions of Chapter Three of the Colma Administrative Code or its successor.
ARTICLE 23 - TRANSITION
A. Upon execution, this Memorandum of Understanding will supersede the Memorandum of Understanding between the parties and for the period from July 1, 2025 through June 30, 2027.
Ill Ill
Ill Ill
IN WITNESS WHEREOF:
12/15/2021
Dated _
DocuSign Envelope ID: E20911B2-2B95-4EEE-8869-26905436F107
Appendix A
June 22, 2025 – an across- the-board wage increase of 2% (Pay date 7/11/2025)
December 21, 2025 – an across-the-board wage increase of 2% (Pay date 1/09/2026)
Res. 2025-__ - CAC Subchapter 3.02 Regarding Compensatory Time Off and Retention Pay Pag e 1 of 3
RESOLUTION NO. 2025-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION AMENDING COLMA ADMINISTRATIVE CODE SECTIONS 3.02.290 AND
3.02.305 REGARDING COMPENSATORY TIME OFF AND RETENTION PAY PURSUANT TO CEQA GUIDELINE 15378
The C
ity Council of the Town of Colma hereby resolves:
ARTICLE 1. COLMA ADMINISTRATIVE CODE SUBCHAPTER 3.02 AMENDED Section 3.02.290, of Subchapter 3.02, shall be and hereby is amended to read as follows1:
3.02.290 Compensatory Time Off
(a) The City Manager may allow an employee to take compensatory time off instead of receiving o
vertime pay for overtime work, as provided herein.
(b) Compensatory time off is earned at the same rate as overtime pay. (c) Compensatory time off may be accumulated to a maximum of 48 88 hours to be used by the employee at a later time upon approval of the City Manager except as otherwise defined in any applicable Memorandum of Understanding.
(d) A t any time, an employee may request that all or any part of his or her bank of compensatory time off hours be converted to the equivalent in pay. [History: Res 2025-__, 6/11/25]
ARTICLE 2. COLMA ADMINISTRATIVE CODE SUBCHAPTER 3.02 AMENDED Section 3.02.305, of Subchapter 3.02, shall be and hereby is amended to read as follows:
3.02.305 Retention Pay
Effective in the first pay period after April 10, 2019 July 1, 2025, employees will be eligible for retention pay as follows:
Full-time employees will be eligible for retention pay in the amount of 2.5% for continuous ten (10) years of Town of Colma service, and an additional 2.5% for twenty (20) years of continuous Town of Colma service, to a combined maximum of 5% retention pay. The percentage of retention pay shall be calculated on the employee’s base pay (not including incentive pay or any other differential pay). After the effective date above, employees are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets the 10 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall 1 New language is displayed in underline format and any deletions of existing language are shown in strikethrough.
ATTACHMENT E
Res. 2025-__ - CAC Subchapter 3.02 Regarding Compensatory Time Off and Retention Pay
include vacation, sick leave, other paid time off, as well as Town-approved leaves of absence and other leaves required by law.
(a) Full-time employees will be eligible for retention pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an additional 2.5% for continuous 15 years of Town of Colma service and an additional 2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% retention pay. The percentage of retention pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall include Town- approved leaves of absence and other leaves required by law. (b) Part-time employees will be eligible for retention based on actual hours worked. Once a part-time employee has worked 2,080 hours, the part-time employee will be credited with one year of service credit for purposes of determining eligibility for retention pay. For purposes of applying this provision, “part-time employee” means an employee who normally works a schedule of less than 40 hours per week whether classified as “part-time” or “casual.” For purposes of this section, “continuous” service shall include vacation, sick leave, other paid time off, as well as Town-approved leaves of absence and other leaves required by law. When applying service credit for any approved leaves of absence for part-time and casual employees, only the employee’s anticipated scheduled hours will be credited. For casual employees who work intermittently, any period of the year when work is not assigned will not be counted. [History: Adopted by Res 2019-17, 4/10/19; Reso 2025- , 6/11/25]
ARTICLE 3. SEVERABILITY.
Each of the provisions of this resolution is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it intended do and would have adopted each and every provision of this resolution independent of any other provision of this resolution.
ARTICLE 4. N
OT A CEQA PROJECT.
The City Council finds that adoption of this resolution is not a "project," as defined in the California Environmental Quality Act (CEQA) because it is more akin to an administrative activity under CEQA Guideline 15378 and does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making.
ARTICLE 5. E
FFECTIVE DATE.
This resolution shall be effective upon its adoption by the City Council.
Res. 2025-__ - CAC Subchapter 3.02 Regarding Compensatory Time Off and Retention Pay
//
//
//
Certification of Adoption
I certify that the foregoing Resolution No. 2025-__ was duly adopted at a regular meeting of said City Council held June 11, 2025 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter, Vice Mayor
Helen Fisicaro, Councilmember
Joanne F. del Rosario,
Councilmember
Thomas Walsh,
Councilmember
Voting Tally
Dated ______________________ ___________________________________ Ken Gonzalez, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
Ord. No. ___- CMC Section 1.01.050 Regarding Town Holidays Page 1 of 2 ORDINANCE NO.
OF THE CITY COUNCIL OF THE TOWN OF COLMA
O
RDINANCE AMENDING SECTION 1.01.050 OF THE COLMA MUNICIPAL CODE RELATING TO TOWN HOLIDAYS PURSUANT TO CEQA GUIDELINE 15378 The City Council of the Town of Colma does ordain as follows:
ARTICLE 1. CMC SUBCHAPTER 1.01 AMENDED
S
ection 1.01.050 is hereby amended to read as follows1:
1 .01.050 Holidays
(
a) The Town observes and will be closed for business on the following holidays, except for the continuance of essential public services such as police services:
(
1) New Year’s Day,
(2) Martin Luther King, Jr. Day,
(3) President’s Day,
(4) Memorial Day,
(5) Juneteenth
(
6) Independence Day,
(7) Labor Day,
(8) Columbus Day,
(8) V eteran’s Day,
(9) T
hanksgiving Day,
(10) Day After Thanksgiving,
(11) December 24,
(
12) December 25,
(13) New Year’s Eve, and
(14) Any day specially proclaimed by the City Council as a city holiday. (b)
If any of the foregoing holidays except a special holiday proclaimed by the City Council falls on a Saturday, the Town will observe and be closed for business on the preceding Friday. (c
) If any of the foregoing holidays except a special holiday proclaimed by the City Council falls on a Sunday, the Town will observe and be closed for business on the following Monday. [
Reference: Gov't Code § 6700 et seq.] [History: Re-numbered as 1.01.100 by ORD. 643, 4/12/2006, ORD. 653, 2/21/07; ORD. ____, 9/__/24, ORD. ____, 6/11/25] A
RTICLE 2. EFFECTIVE DATE.
1 New language is displayed in underline format and any deletions of existing language are shown in strikethrough.
ATTACHMENT F
Ord. No. ___- CMC Section 1.01.050 Regarding Town Holidays Page 2 of 2 This ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
ARTICLE 3. SEVERABILITY.
If any provision of this o rdinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.
ARTICLE 4. NOT A CEQA PROJECT.
The City Council’s introduction and adoption of any ordinance is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) as the action does not meet the definition of a “project” under CEQA pursuant to CEQA Guideline 15 378 as it is more akin to an organizational or administrative activity of the Town that will not result in direct or indirect physical changes in the environment.
Certification of Adoption
I certify that the foregoing Ordinance No. ___ was duly introduced at a regular meeting of the City Council of the Town of Colma held on June 11, 2025, and adopted at a regular meeting of the City Council of the Town of Colma held on ________________, 2025, by the following vote:
Name Voting Present, Not Voting Absent
A ye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter, Vice Mayor
Helen Fisicaro, Councilmember
Joanne F. del Rosario,
Councilmember
Thomas Walsh,
Councilmember
Voting Tally
D
ated: ____________________ _____________________________________ Ken Gonzalez, Mayor
At
test: ______________________________
Michelle Estabillo, City Clerk
Staff Report-Daylighting Law, AB 413 06-11-2025 Page 1 of 6
STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works and Planning VIA: Dan Barros, City Manager
MEETING DATE: June 11, 2025
SUBJECT: Daylighting Law-Assembly Bill 413
RECOMMENDATION
This item is a study session for information purposes only. No City Council action is required; the purpose of this item is to discuss with City Council and members of the public Assembly Bill 413 (AB 413) and review various options and seeking direction regarding compliance with the new State Law.
CO
UNCIL ADOPTED VALUES
This report is consistent with the Council value of Vision. City Council’s goal is to anticipate the broader regional and statewide implications of the State of California’s decisions and issues and develop strategies to comply with the law and mitigate hardship when feasible.
BAC
KGROUND
The State of California passed Assembly Bill (AB) 413 or the “dayl ighting” law (Attachment “A”), which prohibits parking twenty (20) feet in advance of a crosswalk, or fifteen (15) feet when the location has a curb extension (commonly called bulb outs). The term d aylighting is the simple concept that safety is improved by removing parked cars next to crosswalks. By keeping the area next to crosswalks clear of parked vehicle obstructions, it allows pedestrians walking and people driving or riding on the street to see each other more clearly in the hopes of allowing safe pathways of travel through and across roadways.
AB
413 instructs that both “marked” and “unmarked” crosswalks exist at all intersections, thus the new law requires agencies to designate no parking prohibitions through curb markings, street signage and or hardscape features if they provide the required clearance from the crosswalk. The law also states that a local jurisdiction can establish different distances by ordinance through findings utilizing established traffic safety standards.
Th
e City Council’s first introduction to the new law was at the January 22nd City Council Meeting in a Study Session format. Staff went into the new requirements, reviewed the various crosswalks AGENDA ITEM #4
Staff Report-Daylighting Law, AB 413 06-11-2025 Page 2 of 6 in Town and various alternatives. The City Council wanted to have staff reach out in a community meeting format to introduce AB 413, its impacts, and potential alternatives.
On
April 30, 2025 Town staff held a community meeting where members of the residential and business community were invited to participate in a discussion about the new law regarding its impact on the community and alternatives.
AN
ALYSIS
In any urban area, it is well noted that street parking is a commodity. Adhering to the mandates of AB 413 within the business districts can be accomplished relatively easily, in most cases within the Town, meeting the demands of AB 413 is already in place, and where no parking restrictions need to be installed to adhere to the new law, will have no or very minor impacts on that portion of the community. For the most part the painting of curbs will be the appropriate delineation to define the no Parking zone. Attachment “B” has defined the crosswalk areas within the business/commercial areas within the Town.
In
the Town’s residential neighborhoods, specifically the Sterling Park Neighborhood, this law will have an impact on street parking (Attachment B). The diagram below is a typical example of an intersection in the Sterling Park Neighborhood. Within the diagram you notice the areas that will be designated no parking (red zones), the blue triangles represent an individual on a corner wanting to cross the street and with the car removed from that corner parking spot, it has opened up the line of sight to see oncoming vehicles, it also allow the vehicle driver to see individuals wanting to cross the street
T
he community meeting held on April 30th yeilded several questions regarding the law, loss of parking spaces, and other unrelated parking issues in the Sterling Park Neighborhood.
Staff Report-Daylighting Law, AB 413 06-11-2025 Page 3 of 6 Below is a list of either questions or comments & suggestions:
Q
uestions that came up: (Most of the questions were dedicated to the Sterling Park Neighborhood)
1 - Is there a minium on the no parking distance from the crosswalk? • Without an independent study that can justify shorter distances through a e
stablished traffic safety standards, the minimum distances would be within 20 fe
et of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension (bulbout) is present. 2 - Will accident history be considered if there is an analysis to independently evaluate what standard to use.?
• It is assumed that pedestrian/vehicle accident data would be one of the metrics that would be used in studying the appropriate distance of a parked vehicle from a
marked or unmarked crosswalk.
3 - If the Town does not comply with AB 413, will the funding from C/CAG, County Bicycle and Pedestrian Committee or other agencies be jeopardized? • Staff inquired with C/CAG regarding this concern. However, C/CAG indicated that they were unaware of any local jurisdictions creating their own ordinance and thus could not definitively answer the question.
• By way of the San Mateo County City Manager’s Association, the City Manager asked if any San Mateo County Jurisdictions were considering their own ordinance. No agencies came forward indicating a path for such action. 4- Will the State reimburse the Town for expenses to mark or sign the no parking zones? • The California Constitution requires the State to reimburse local agencies and school districts for certain costs mandated by the State. Statutory provisions establish procedures for making that reimbursement.
5 - A resident from the Verano Housing Complex was concerned that they may lose an on- street Parking spot by the crosswalk with a bulb out that is adjacent to the Verano Complex.
• Staff looked at the area in question and believe they will be able to adjust the parking spaces and not lose any vehicle parking.
6- Cost for bulb outs?
• Construction costs are hard to assume at this time, not knowing what the design of the bulb out and how it would fit into existing site conditions.
Staff Report-Daylighting Law, AB 413 06-11-2025 Page 4 of 6 7- If the Town elected to have an independent study, would the consultant indemnify the Town?
• It would be recommended to put this out to Request for Proposal (RFP) to qualified traffic engineering firms. In the RFP we would stipulate that the chosen consultant would need to indemnify the Town on their recommended amendments to AB 413 consistent with the Town’s existing contract templates for consulting work.
8- Implementation timeline
• This would be determined by City Council direction.
9- Will there be a grace period?
• City Council is aware of the difficulties that this new law can have within an urban neighborhood. Staff will be looking for City Council’s direction on how long the notification process will be in place.
• In the community meeting it was stated if fliers can be given out to help infor m
an
d educate the residential public about the new law.
1 0- Inquiries from the public outside of the Community Meeting • I
s there a policy or ordinance of a Northern California City, (Town of Truckee) w
here they passed an ordinance to reduce the parking space at Marked or unmarked crosswalks in their Town?
• The Town of Truckee reduced the state required 15’ feet of no parking at street crossings to 5 feet of no parking where there is a curb extension (bulb-out). The Town of Truckee implemented the 20’ foot no parking zone at crossings where there is not a cub extension. (Please see Attachment “D”)
• In
quiries were also made requesting accident data regarding Vehicles and pedestrian's accidents.
• N
umber of pedestrians hit by vehicles in the Town of Colma over the last 5 Years
• Number of pedestrians hit by vehicles in the Sterling Park Neighborhood in the last 5 years
Colma Police Department queried this information from their data base (Please see attachment “C”). Per the Police Department report, it appears that there have been 23 accidents townwide over the last 5 years. Per the report, it does not appear that there were any vehicle/pedestrian incidents in the Sterling Park Neighborhood.
Staff Report-Daylighting Law, AB 413 06-11-2025 Page 5 of 6 Comme
nts - other concerns in the neighborhood
11- N
eighbors parking too close to the edge of driveway impacting sight distance. 12- Sight distance for residents coming out of their driveway. 13- Excess speeding in the neighborhood.
The comments that came from community meeting (Items #10, #11 and #12) will be reviewed in our City Managers Staff Meeting. Results of that discussion between departments will be either agendized in a future Study Session with City Council or a City Council Memorandum from the City Manager to inform City Council of the staff discussion.
SUMMARY
In the first study session, we discussed the purpose of AB 413, what roadway treatments were available to stay in compliance with the Law. In the study session, City Council requested that Staff hold a townwide community meeting to review the requirements of the new law.
The community meeting yielded questions and suggestions, which were depicted in the analysis portion of this report. One item that was not emphasized in the 1st study session but was discussed in more detail, City Council could commission a study to review the required 20 feet of the vehicle approach side of any marked or unmarked crosswalk. Through that study if it is determined findings have been met through established traffic safety standards, no-parking distances can be adjusted through ordinance.
Staff is seeking direction from the City Council as to either implement the required “No Parking” delineation via curb paint and/or signage in accordance with AB 413 or commission a traffic safety study to determine if the no-parking zone distances can be reduced.
FISCAL IMPACT
There is no fiscal impact in reviewing and discussing the implications, suggestions and potential solutions to AB 413. As far as future costs associated with painting of curbs and or installing signage, The California Constitution requires the State to reimburse local agencies and school districts for certain costs mandated by the State. Statutory provisions establish procedures for making that reimbursement. If the City Council wanted staff to undertake a traffic safety study, there would be future costs with that undertaking.
ENVIRONMENTAL
Reviewing AB 413 the Daylighting Law is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301. CEQA Guideline 15301 is applicable because this would be considered the operation and/or minor alteration of an existing public street with no expansion of use.
Staff Report-Daylighting Law, AB 413 06-11-2025 Page 6 of 6 A. Assembly Bill 413
B. Business/Commercial, Residential Crosswalks
C. Vehicle – Pedestrian Accident Data
D. Town of Truckee-AB 413 Parking Near Crosswalks Reduction Ordinance
ATTACHMENTS
ATTACHMENT B
California Assembly Bill 413
Town of Colma
January 2025
• California Assembly Bill 413, also known as the "Daylighting" law, is a new law that prohibits parking within 20 feet of any crosswalk, marked or unmarked. It also prohibits parking within 15 feet of a crosswalk with a curb extension. The law applies to all intersections in California, regardless of whether there are no parking signs or a red curb.
• The law's purpose is to increase the visibility of pedestrians and bicyclists entering crosswalks, which can help improve safety.
List of the streets and parking spots in Town of Colma that California Assembly Bill 413 applies to is listed below:
Mission Road:
• Mission Rd & Holy Cross Cemetery South Entrance
• Mission Rd & Holy Cross Cemetery Main Entrance
• Mission Rd & Molloy's
Hillside:
• Hillside Blvd & Hills of Eternity Memorial Park
• Hillside Blvd & Colma Community Center
• Hillside Blvd & Colma Community Center
F Street:
• F St & Clark Ave / Italian Cemetery
Clark Ave:
• Clark Ave & E St
• Clark Ave & D St
• Clark Ave & C St
• Clark Ave & B St
Colma Police Accident Data Attachment “C”
Case # Date Time Location City Speed
Limit
Minor
Injuries
Major
Injuries
Fatal
Injuries
DUI
Involved
Case # Date Time Location
C19-1209-01 12/09/2019 1445 51 COLMA BL COLMA 0 F C19-1209-02 12/09/2019 1445 52 COLMA BL C19-1213-01 12/13/2019 1220 735 SERRAMONTE
BL
COLMA 5 0 0 0 F C19-1213-02 12/13/2019 1220 736 SERRAMONTE BL C19-1223-02 12/23/2019 1201 4925 JUNIPERO
SERRA BL
COLMA 0 F C19-1223-03 12/23/2019 1201 4926 JUNIPERO SERRA BL C20-0104-02 01/04/2020 1011 990 SERRAMONTE
BL
COLMA 0 F C20-0104-03 01/04/2020 1011 991 SERRAMONTE BL C20-0311-02 03/11/2020 1344 EL CAMINO REAL
HY/SERRAMONTE
BL
COLMA 0 F C20-0311-03 03/11/2020 1344 EL CAMINO REAL HY /SERRAMONTE BL
C20-0519-03 05/19/2020 1226 2 COLMA BL COLMA 1 0 F C20-0519-04 05/19/2020 1226 3 COLMA BL C20-0704-03 07/04/2020 2000 EL CAMINO REAL
HY/MISSION RD
COLMA 0 0 0 F C20-0704-04 07/04/2020 2000 EL CAMINO REAL HY /MISSION RD
C20-0706-01 07/06/2020 849 SERRAMONTE
BL/JUNIPERO
SERRA BL
COLMA 40 1 0 0 F C20-0706-02 07/06/2020 849 SERRAMONTE BL/
JUNIPERO SERRA BL
C20-1215-03 12/15/2020 1725 MISSION RD/EL
CAMINO REAL HY
COLMA 0 F C20-1215-04 12/15/2020 1725 MISSION RD/EL CAMINO REAL H C21-0109-05 01/09/2021 1254 4915 JUNIPERO
SERRA BL
COLMA 15 1 0 0 F C21-0109-06 01/09/2021 1254 4915 JUNIPERO SERRA BL C21-0706-02 07/06/2021 1357 5045 JUNIPERO
SERRA BL
COLMA 10 1 0 0 F C21-0706-03 07/06/2021 1357 5045 JUNIPERO SERRA BL C21-1008-03 10/08/2021 1011 1770 MISSION RD COLMA 0 F C21-1008-04 10/08/2021 1011 1770 MISSION RD C22-0118-01 11/18/2021 1040 1500 MISSION RD COLMA 0 F C22-0118-02 11/18/2021 1040 1500 MISSION RD C21-1217-03 12/17/2021 1111 4925 JUNIPERO
SERRA BL
COLMA 0 F C21-1217-04 12/17/2021 1111 4926 JUNIPERO SERRA BL C22-0626-02 06/26/2022 1247 SERRAMONTE
BL/JUNIPERO
SERRA BL
COLMA 0 F C22-0626-03 06/26/2022 1247 SERRAMONTE BL/
JUNIPERO SERRA BL
C23-1017-01 10/17/2023 1455 2 COLMA BL COLMA 0 F C23-1017-02 10/17/2023 1455 3 COLMA BL C23-1125-01 11/25/2023 1129 1200 EL CAMINO
REAL HY
COLMA 0 F C23-1125-01 11/25/2023 1129 1201 EL CAMINO REAL HY C23-1125-03 11/25/2023 1548 200 COLMA BL COLMA 0 F C23-1125-03 11/25/2023 1548 201 COLMA BL C24-0221-01 02/21/2024 505 300 F ST COLMA 25 1 0 F C24-0221-02 02/21/2024 505 301 F ST C24-0910-03 09/10/2024 2034 5001 JUNIPERO
SERRA BL
COLMA 5 1 0 F C24-0910-04 09/10/2024 2034 5002 JUNIPERO SERRA BL C24-1205-02 12/05/2024 1853 1370 EL CAMINO
REAL HY
COLMA 40 0 0 1 F C24-1205-03 12/05/2024 1853 1371 EL CAMINO REAL HY C25-0406-01 04/06/2025 1449 1701 HILLSIDE BL COLMA 5 1 0 0 F C25-0406-02 04/06/2025 1449 1702 HILLSIDE BL C25-0505-01 05/05/2025 1426 2 COLMA BL COLMA 30 1 0 0 F C25-0505-02 05/05/2025 1426 3 COLMA BL 23 Accidents 24 Accidents
TOWN OF TRUCKEE
California
ORDINANCE 2024-06
AN ORDINANCE PROHIBITING STOPPING, STANDING, OR PARKING WITHIN FIVE FEET
OF A MARKED OR UNMARKED CROSSWALK WHERE CURB EXTENSIONS ARE
PRESENT
WHEREAS, the California Legislature passed Assembly Bill 413 (AB 413) on October 10, 2023 which establishes a no parking zone within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present; and
WHEREAS, AB 413 permits a local authority to establish a different prohibited stopping, standing, or parking distance if it is codified by ordinance, justified by traffic safety standards, and the new distance is marked with paint or a sign; and
WHEREAS, the Town Council directed Town Engineering staff to conduct a study to determine if a reduction in the no parking zones from 15 feet where a curb extensions are present is supportable; and
WHEREAS, the study determined that 17 parking spots within the Town fall within the 15 or 20 foot no parking areas described in AB 413 with 10 parking spots being located within the Downtown Parking District; and
WHEREAS, over the past 10 years,12 traffic incidents have been reported within the Town in or adjacent to marked or unmarked crosswalks and none of these incidents are located within the AB 413 threshold of 15 or 20 feet; and
WHEREAS, the National Association of City Transportation Officials (NACTO) guidelines state that installing curb extensions make pedestrians more visible to motorists and cars more visible to pedestrians; and
WHEREAS, AB 413 does not specify the speed limit of the road in which the 15 or 20 foot no parking restrictions are based on; and
WHEREAS, vehicle speeds are reduced within the Downtown Parking District due to physical roadway characteristics, such as 10 -foot-wide travel lanes, curb extensions, on -street parking, and a high volume of pedestrian and slow vehicle activity; and
WHEREAS, based on there having been no traffic incidents involving pedestrians in or adjacent to marked or unmarked crosswalks where parking would be restricted by AB 413, the NACTO recommendation for the use of curb extensions to improve approaching drivers’ visibility of pedestrians crossing at crosswalks and improved visibility of vehicles by a pedestrian, and the reduced vehicle speeds within the Downtown Parking District due to physical roadway characteristics, the Town Engineer recommends a reduction to the AB 413 no parking zone of 15 feet to 5 feet where a curb extension is present; and
WHEREAS, when curb extensions are not present, parking will be prohibited for 20 feet Ordinance 2024-06
consistent with AB 413;
The Town Council of the Town of Truckee Does Ordain as Follows:
Section 1. Section 10.13.020 of the Truckee Municipal Code is hereby amended to add new subsections (g) and (h) thereto, to read as follows:
(g) Within five feet of the vehicle approach side of any unmarked or marked crosswalk where curb extensions are present.
(h) Within twenty feet of a marked or unmarked crosswalk where no curb extension is present pursuant to Section 22500 of the Vehicle Code.
Section 2. If any section, subsection, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The Town Council for the Town of Truckee hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that one of more sections, subsections, sentences, clauses, or phrases may be held invalid or unconstitutional.
Section 3. Posting and Publications: The Town Clerk is hereby directed to publish this ordinance in accordance with the law.
* * * * *
The foregoing ordinance was introduced at a regular meeting of the Truckee Town Council held on the ___day of _______ 202_, and adopted at a regular meeting of th e Truckee Town Council, on the ___ day of _____; 202___; _________ moved for the adoption, the motion was seconded by ___________ and was carried by the following vote:
AYES:
NOES:
ABSENT:
__________________________
David Polivy, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Kelly Carpenter, Town Clerk Andy Morris, Town Attorney