Agenda packet — East Palo Alto City Council, June 4, 2024 (part 1 of 4)

EAST PALO ALTO CITY COUNCIL

REGULAR SESSION AGENDA
Tuesday, June 4, 2024, 6:30 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in-person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The virtual portion of this City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted pursuant to Assembly Bill 361.

The public may participate in the City Council Meeting via Zoom Meeting or by attending inperson in the Council Chambers at 2415 University Ave, First Floor East Palo Alto, CA 94303.

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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council June 4, 2024 Agenda
1 1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

3.1 Monthly Cash Treasury Report for April 2024

3.2 City Facilities Improvements

3.3 Pride Month Proclamation

3.4 Juneteenth Proclamation

3.5 BrightView Landscape Services Contract Amendment

3.6 National Mosquito Control Awareness Week Proclamation Recommendation: Accept and file the Cash Treasury Report for the month of April 2024.

Recommendation: Adopt a resolution approving the plans, specifications, and estimates for the City Facilities Improvements Project, and authorize release of the project for construction bids
Recommendation:

Present the proclamation for Pride Month.

Recommendation:

Present the proclamation for Juneteenth.

Recommendation:

Adopt a resolution authorizing the City Manager to amend the contract terms with BrightView Landscape Services from five years to a three-year agreement with two additional one-year options for extension, incorporating Consumer Price Index (CPI) increases after three years.

The amendment should be in a form approved by the City Attorney. The contract pertains to weed abatement and trash removal services.

Recommendation:

Present the proclamation for National Mosquito Control Awareness Week.

East Palo Alto City Council June 4, 2024 Agenda
2 3.7 Amendment of Code of Ethics and Conduct for Elected and Appointed Officials (This Item is continued to the 6/18/2024 council meeting).

3.8 TDA Article 3 Bicycle and Pedestrian Program for the Pulgas Avenue Mini-Roundabout Project

3.9 City Council Meeting Minutes

3.10 Memorandum of Understandings (MOUs) for SEIU and MEA for Fiscal Year (FY) 2024-2027

4. CLOSED SESSION

4.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant
Exposure to Litigation Pursuant to Government Code Sections 54956.9(d) (2), 54956.9(e)(1)
One Potential Matter

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

6.1 Climate Action Plan Implementation Report

7. SPECIAL PRESENTATIONS

7.1 Peninsula Clean Energy Presentation
Recommendation: Adopt a resolution amending the City of East Palo Alto "Code of Ethics and Conduct for Elected and Appointed Officials." Recommendation:

Adopt a resolution requesting the allocation of fiscal year 2023-2024 Transportation Development Act Article 3 Pedestrian and Bicycle Project funding from the Metropolitan Transportation Commission.

Recommendation:

Adopt the November 21, 2023, City Council Meeting Minutes.

Recommendation: Adopt the Memorandum of Understandings (MOUs) for SEIU and MEA for Fiscal Year (FY) 2024-2027
Recommendation: Receive an informational report regarding the current status and planned implementation of the 2030 Community Climate Action Plan. Offer feedback on existing projects and insight into future priorities.

Recommendation: Receive a presentation from Peninsula Clean Energy.

East Palo Alto City Council June 4, 2024 Agenda
3 8. PUBLIC HEARINGS

8.1 Reach Codes Update

8.2 Fiscal Year 2024-25 Proposed Budget Session Hearing No. 2

9. POLICY AND ACTION

10. COUNCIL REPORTS

11. ADJOURNMENT
Recommendation:

Waive the first reading and introduce an ordinance amending:

1. Chapter 15.11 (California Green Building Standards, California Code of Regulations, Title 24, Part 11) of the East Palo Alto Municipal Code (EPAMC), with local amendments related to building electrification;

2. Chapter 15.25 (California Energy Code, California Code of Regulations, Title 24, Part 6) of the EPAMC, with local amendments to mandate costeffective building requirements, including increasing building efficiency and requiring electric readiness; and

3. Make any necessary conforming amendments, as the Council deems necessary.

Recommendation:

Receive proposed budget documents, staff presentations, community input, and provide staff direction regarding the proposed Fiscal Year 2024-25 budget.

Upcoming meetings:

Regular Meeting June 18, 2024 6:30 PM
Regular Meeting July 2, 2024 6:30 PM
Regular Meeting July 16, 2024 6:30 PM
East Palo Alto City Council June 4, 2024 Agenda
4 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

POSTED: May 28, 2024
ATTEST:

James Colin
City Clerk
East Palo Alto City Council June 4, 2024 Agenda
5 CONSENT ITEM 3.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Bo-kyoung Kim, Finance Services Manager
Jessica Y Caballero, Senior Accountant
SUBJECT: Monthly Cash Treasury Report for April 2024
Recommendation
Accept and file the Cash Treasury Report for the month of April 2024.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 4: Ensure Our Financial and Organizational Health Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Further, City Investment Policy Section XVIII requires monthly reporting of investment transactions, as specified. Because the City participates in State and County investments pools and does not independently broker or engage outside investment advisors to transact investments, the monthly reporting provides a snapshot of overall cash receipts, transfers, and disbursements on a monthly basis.

Analysis
The Monthly Cash Treasury Report (“Report”) covers cash and investments of the City in the four cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, California State Local Agency Investment Fund, and the California Asset Management Program (CAMP). The 6 CONSENT ITEM 3.1
Report does not include petty cash, or the California State Community Infrastructure Program (SCIP) bond proceeds held by a trustee in the name of the City. For investment purposes, City cash is pooled, except for bond proceeds held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting records. Monthly cash transactions for the monthly period ending April 30, 2024, are as follows:

The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance increased by approximately $4.9M compared to the balance as of March 31, 2024.

April receipts, a total of approximately $4.3M, primarily consist of a reimbursement from the California Department of Housing & Community Development for the Light Tree Affordable Housing and Sustainable Communities (AHSC) Grant ($2.0M), Tax distribution ($0.4M) a reimbursement from the Metropolitan Transportation Commission for the University Avenue and Michigan Avenue intersection improvements as part of Transportation Development Act (TDA) Article 3 ($0.3M), a reimbursement from the State of California Department of Transportation for the Bay Road Phase III project ($0.2M), and other various receipts.

April disbursements, a total of approximately $4.8M, primarily consist of San Mateo County (SMC) Transit District for the AHSC Express Bus Stop Replacement and Improvement project ($2.0M), Payroll costs ($1.1M), SMC Health for FY 2023-24 animal control costs ($0.6M), Veolia Water for 2023 overage ($0.3M), Kerex Engineering Inc. for the Joel Davis Park restroom ($0.2M), and other recurring operating expenditures.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest:1
Local Agency Investment Fund (LAIF) average monthly effective yields were 4.272% in April which increased by 0.04% from March 2024. San Mateo County monthly gross earnings for April were 3.949% compared to 3.779% in March 2024. The County Pool earnings estimates for FY 23-24 are at 3.75%.
1 Daily US Treasury Yield Curve. Treasury.gov
Account Beginning
Balance Receipts Disbursements Interest Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 5,349,172.55 4,313,241.72 (4,768,548.72) - - 4,893,865.55 LAIF 14,752,935.16 - - 156,958.34 - 14,909,893.50
San Mateo County Pool 41,590,474.38 4,550,711.23 - 402,795.81 (5,100,000.00) 41,443,981.42 CAMP 73,948,996.20 - - 340,503.97 5,100,000.00 79,389,500.17 Total 135,641,578.29 8,863,952.95 (4,768,548.72) 900,258.12 - 140,637,240.64 Apr-24 Mar-24 Apr-23
6-Month Treasury Bill 5.18 5.13 4.86
2-Year Treasury Note 5.04 4.59 4.04
5-Year Treasury Note 4.72 4.21 3.51
7 CONSENT ITEM 3.1
Staff believes the City has investment liquidity and anticipated revenues to meet the City’s anticipated expenditure requirements for the ensuing six months.

The following table shows a breakdown of cash and investment balance by fund type.

The book market value totals $140,605,023 including an unrealized loss2 of $573,968, reflecting treasury yields during the calendar year. All except for the General Fund balance is restricted by either City Council or external parties for specific purposes. Unrestricted cash and investment balance under General Fund ($38,904,382) may be used at Council discretion.

Fiscal Impact
None. This report is informational.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

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

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.
2 Investment FMV factor is provided Quarterly basis. Thus, as of 03/31/2024 FMV factor is used to calculate Unrealized Gain on Investments.

Deposit Value Market Value
General Fund (Inc. Petty cash of $10,800) $ 38,904,382 $ 38,904,382 General Sub-Funds (Commited/Reserved) $ 19,610,875 $ 19,610,875 City Funds Restricted and Committed $ 78,975,604 $ 78,975,604 Successor Agency Trust $ 3,688,128 $ 3,688,128
Unrealized Gain on Investment Pools $ - $ (573,968)
$ 141,178,990 $ 140,605,023
Summary April 30, 2024
8 CONSENT ITEM 3.2

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Humza Javed, Public Works Director
SUBJECT: City Facilities Improvements
Recommendation
Adopt a resolution approving the plans, specifications, and estimates for the City Facilities Improvements Project, and authorize release of the project for construction bids.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Develop and implement a Comprehensive Facilities Master Plan Background
The City of East Palo Alto runs its operations at various facilities that are either owned or leased by the City. The majority of the City operations are run through leased facilities such as City Hall, the police station, and the Corporation Yard. The Public Works Engineering and Community and Economic Development operations are run though the Tate Street office, which the City owns.

The City also owns the Senior Center, and the Cooley Landing Educational Center. The City performs regular maintenance at its facilities to ensure facilities are up to date with code compliance, federal and safety regulations.

Some of the City’s leased facilities do not meet the City’s current needs, and a range of improvements are needed to enhance the infrastructure and amenities.

Analysis
9 CONSENT ITEM 3.2
As part of the capital budget process, the City has three facility improvement projects as follows:

FA-13 - Tenant Improvements at City Hall (2415 University Ave.) FA-02 - Community and Economic Development & Public Works Building (1960 Tate St.) FA-17 - Police Department Improvements (141 Demeter St.) Site 1 - 2415 University Avenue
On November 1, 2022, the City Council passed Resolution 142-2022 authorizing a contract amendment with Powell & Partners Architects, Inc. (Powell) to finalize the design package for the City Hall Human Resources and Information Technology (HR/IT) space at City Hall (formerly the police evidence room). Powell has completed the plans, specifications, and estimates for the project. The documents are located on the City website at the following link:
https://www.cityofepa.org/publicworks/page/city-hall-tenant-improvement-project The project scope at Site 1 focuses on enhancing the functionality and aesthetics of the HR/IT office (former police evidence room). The work encompasses a comprehensive array of responsibilities, which include the provision of all necessary tools, equipment, facilities, labor, transportation, and materials required for the execution of interior tenant improvements.

Specifically, the interior tenant improvements aim to improve functionality and aesthetics by improving the MEP systems (mechanical, electrical, and plumbing), performing ADA improvements, upgrading office and conference room space, etc. The project is budgeted at approximately $350,000.

Site 2 – 1960 Tate Street
The City-owned facility at 1960 Tate street which houses the Community and Economic Department and Public Works Department is in need of a range of upgrades, and the Engineering and Maintenace staff have met with tenants regarding the necessary upgrades for the building. Through these interactions, the staff has pinpointed various items requiring replacement and enhancement. The current scope of the upgrade encompasses removal and replacement of the existing roof, rain gutters, and downspouts, as well as the current HVAC system, including furnaces and condensing units. Additional items, if budget permits, include extending the existing fence by an additional 4 feet in height, installing 4-foot-wide awnings, replacing exterior doors, upgrading to laminate flooring, and conducting interior painting. These improvements are estimated at approximately $240,000. Because the project budget is $120,000, staff will add bid alternates to this project.

Site 3 – 141 Demeter Street
The City leased facility at 141 Demeter street which houses the Police Department (PD), is in need of necessary basic facility upgrades. The Engineering and Maintenance staff performed 10 CONSENT ITEM 3.2
multiple site visits and engaged in discussions with PD tenants regarding the necessary upgrades for the building. The comprehensive scope of Site 3 encompasses a multitude of critical tasks, each contributing to the efficient and effective execution of the project. These tasks span a wide spectrum of activities aimed at revitalizing and enhancing various aspects of the site's infrastructure and amenities. Among the primary objectives are the installation of new roofs for the three buildings A, B, and C. Additionally, the project entails addressing any instances of dry rot damage, a necessary step in maintaining the structural integrity of the buildings. Furthermore, efforts will be directed towards upgrading the exterior siding and awning to enhance durability and aesthetic appeal, while the replacement of outdated plumbing fixtures aims to improve functionality and efficiency. Overall, the project will also address ADA improvements to the bathroom. This project is estimated at approximately $400,000.

Although these projects are listed as separate projects in the Capital Improvement Plan, City staff is planning on bidding them as one large project in order to create efficiency and obtain better bid pricing. The project will be tentatively bid out in July 2024.

Fiscal Impact
The three projects: FA-02, FA-13, FA-17 are included in the 10-year Capital Improvement Plan for FY 24/25 and are estimated at $870,000. Funds are budgeted accordingly in the Capital fund in FY 2024-25 proposed budget.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
Applicability of Levine Act: No, the proposed action does not entail an entitlement.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
11 Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING THE PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE CITY FACILITIES

IMPROVEMENTS PROJECT, AND AUTHORIZE THE RELEASE OF THE PROJECT FOR

CONSTRUCTION BIDS
WHEREAS, the City of East Palo Alto runs its operations at various facilities that are either owned or leased; and
WHEREAS, the city facilities need upgrades to ensure they are up-to-date with code compliance, federal, and safety regulations; and
WHEREAS, facility improvements are needed at 2415 University, 1960 Tate Street, as well as 141 Demeter; and
WHEREAS, staff has worked with Powell and Partners Architects, for the design of the tenant improvements at 2415 University Avenue; and

WHEREAS, staff has combined the plans, specifications and estimates for all the facilities into one large facility improvement project to ensure efficiency and better bid pricing.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;

2. Approves the plans, specifications, and estimates for the City facilities improvements project, and authorizes the release of the project for construction bids; and

3. Find that the action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

PASSED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
12 Resolution No. XX-2023 2 of 2
Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
13 CONSENT ITEM 3.3

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Pride Month Proclamation
Recommendation
Present the proclamation for Pride Month.

Attachments

1. Proclamation
14 PROCLAMATION OF THE CITY OF EAST PALO ALTO

CELEBRATING PRIDE MONTH
WHEREAS, the City Council of the City of East Palo Alto recognizes and proclaims the month of June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) “Pride Month” throughout the City of East Palo Alto; and WHEREAS, East Palo Alto joins the County of San Mateo to observe Pride Month with a Progress Pride flag raising ceremony to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination; and
WHEREAS, the Progress Pride flag is widely recognized as a symbol of pride, inclusion, and support for social movements that advocate for LGBTQ people in society; and
WHEREAS, all human beings are born free and equal in dignity and rights.

LGBTQ individuals have had immeasurable impact to the cultural, civic and economic successes of our country; and
WHEREAS, East Palo Alto is committed to supporting visibility, dignity and equality for LGBTQ people in our diverse community; and WHEREAS, while society at large increasingly supports LGBTQ equality, it is essential to acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and
WHEREAS, this nation was founded on the principle that every individual has infinite dignity and worth, and the City Council calls upon the people of this municipality to embrace this principle and work to eliminate prejudice everywhere it exists; and WHEREAS, celebrating Pride Month influences awareness and provides support and advocacy for San Mateo County’s LGBTQ community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance and advance equal rights.

NOW, THEREFORE BE IT RESOLVED that City Council of the City of East Palo Alto herby proclaims the month of June 2022 as Pride Month in support of the LGBTQ community.

June 4, 2024
Antonio Lopez
Mayor
15 CONSENT ITEM 3.4

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Juneteenth Proclamation
Recommendation
Present the proclamation for Juneteenth.

Attachments

1. Proclamation
16 PROCLAMATION OF THE CITY OF EAST PALO ALTO
DECLARING JUNE 19, 2024, AS JUNETEENTH NATIONAL

FREEDOM DAY
WHEREAS, on September 22, 1862, President Abraham Lincoln issued the Emancipation Proclamation, officially ending slavery, changing the status of more than 3.5 million enslaved African Americans in the Confederate States of America; and
WHEREAS, the news of General Lee’s surrender moved slowly, and reached Texas on June 19, 1865, when General Gordon Granger and his troops traveled to Galveston, Texas to announce: “The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free;” and
WHEREAS, in remembrance and celebration of the June 19, 1865, announcement of the abolition of slavery we celebrate “Juneteenth,” also known as "Emancipation Day" or "Freedom Day" as the true anniversary and oldest known celebration commemorating the end of slavery in the United States; and
WHEREAS, Juneteenth observes an important milestone in the East Palo Alto's long march towards equality; a reminder of the great contributions African Americans have made as free citizens of our nation, as well as the injustices they suffered as slaves and the descendants thereof; and the courage of our forebears of all races and creeds who gave their lives to the fight against slavery and inequality; and
WHEREAS, throughout history there has been civil uprising due to continued systematic injustices on African Americans and in support of the Black Lives Matter movement along with support to BIPOC persons, we must stand in solidarity with those who are fighting for justice and human rights; and acknowledge that the struggle for equality continues.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF EAST PALO ALTO HEREBY proclaim June 19, 2024, as “Juneteenth National Freedom Day” and encourage the community to unite in solidarity and continue to fight for justice.

Date: June 4, 2024
Antonio Lopez, Mayor
17 CONSENT ITEM 3.5

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Jay Farr, Maintenance Manager
Humza Javed, Public Works Director
SUBJECT: BrightView Landscape Services Contract Amendment Recommendation
Adopt a resolution authorizing the City Manager to amend the contract terms with BrightView Landscape Services for weed abatement and trash removal services from a five-year agreement to a three-year agreement with two additional one-year options for extension, incorporating Consumer Price Index (CPI) increases after three years.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Promote Health & Public Safety
Background
On February 20, 2024, the City Council approved Resolution 17-2024, establishing a five-year contract with BrightView Landscape Services for landscape management. However, the original intent was to create a three-year contract with two one-year extension options, allowing for CPI-based increases after the initial three years.

Analysis
The pricing provided by BrightView Landscape Services was for a three-year period.

BrightView is requesting that CPI increases be included in the contract for any additional 18 CONSENT ITEM 3.5
years, starting after the initial three-year term. This change would align the contract with the intended structure, allowing for flexibility and CPI adjustments in years four and five.

Fiscal Impact
The contract amendment will not have a budgetary impact for the first three years. However, CPI-based price adjustments will take effect for the potential fourth and fifth years of the contract.

Public Notice
Notice of this contract amendment has been provided by posting the agenda and report on the city's website and displaying it on a bulletin board located at City Hall (2415 University Avenue, East Palo Alto).

Environmental
The proposed action is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines Article 19, Categorical Exemption, Sections 15301 and 15303, because it involves the maintenance of improvements and other existing City facilities.

Government Code § 84308
Applicability of Levine Act: No, as the entitlement involves that was competitively bid, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution.

2. BrightView Landscape Services Proposal
19 Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT

TERMS WITH BRIGHTVIEW LANDSCAPE SERVICES FROM FIVE YEAR TO A THREE-YEAR

AGREEMENT WITH TWO ADDITIONAL ONE-YEAR OPTIONS FOR EXTENSION,

INCORPORATING CONSUMER PRICE INDEX (CPI) INCREASES AFTER THREE YEARS WHEREAS, On February 20, 2024, the City Council approved Resolution 17-2024, establishing a five-year contract with BrightView Landscape Services for landscape management; and WHEREAS, the original intent was to create a three-year contract with two one-year extension options, allowing for CPI-based increases after the initial three years; and WHEREAS, the pricing provided by BrightView Landscape Services was for a three-year period.

BrightView is requesting that CPI increases be included in the contract for any additional years, starting after the initial three-year term. This change would align the contract with the intended structure, allowing for flexibility and CPI adjustments in years four and five; and WHEREAS, the contract amendment will not have a budgetary impact for the first three years.

However, CPI-based price adjustments will take effect for the potential fourth and fifth years of the contract.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals are true and correct and are incorporated by this reference into this action; and

2. Authorizes the City Manager to amend the contract terms with BrightView Landscape Services for weed abatement and trash removal services from a five-year agreement to a three-year agreement with two additional one-year options for extension, incorporating Consumer Price Index (CPI) increases after three years; and

3. Finds that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines Article 19, Categorical Exemption, Sections 15301 and 15303, because it involves the maintenance improvements and other existing City facilities. 20 Resolution No. XX-2024 2 of 2
PASSED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
21 City of East Pa lo Alto
150 Tara Road
East Palo Alto, CA 94303
22 BrightView ~
January 5, 2024
City of East Pa lo Alto
Jay Farr, Maintenance Manager
150 Tara Road
East Palo Alto, CA 94303
RE: RFP for Weed Abatement & Trash Removal Contractor Services Dear Jay,
BrightView is pleased to submit a proposal for the Weed Abatement & Trash Removal Contractor Services for the City of East Palo Alto. BrightView is committed to manage your landscape in a safe, proactive, and costeffective manner that reinforces our commitment to the City of East Palo Alto and its residents . The enclosed proposal was developed in response to your Request for Proposal and will demonstrate how our experienced and skilled team will achieve your landscape goals and keep the City of East Palo Alto's sites always looking their best.

Safe Work Environment - The safety and wellbeing of the general public, visitors, district employees, and our employees is of paramount importance to our operation.

Accountable for High Quality Work-Your dedicated Account Manager completes an area specific checklist and quality evaluation form on a regular basis and reviews it with our crew members prior to the service day to assure we complete the scope of work and exceed your expectations. We utilize our Quality Site Assessment (QSA) tool to help keep you informed about your landscape. • Consistently Employ Best-Practices - We will create area specific maintenance schedules that comply with the Request for Proposal document and specifications for the City to ensure that every task gets completed on schedule and no details are overlooked.

As an experienced partner delivering both local expertise and national resources, we understand how a wellmaintained landscape attracts people, adds to your property value and contributes to your success. When you partner with BrightView, you will have a team of local professionals dedicated to this careful stewardship of your landscape and its enduring beauty and value.

Thank you for this opportunity to submit this proposal. Feel free to contact me at (951) 406-5904 or by email at [email protected] with any questions.

Sincerely,
David Moo
Business Development Executive
BrightView Landscape Services 2 23
BrightView ~
What's Inside
I. Cover Page Page 1

11. Cover Letter Page 2
Ill . Table of Contents Page 3
IV. Labor Rates Page 4
V. Firm Description Page 5-6
VI. Relevant Experience Page 7
VII. Key Personnel Qualifications Page 8-10
VI II. References Page 11
IX. Insurance Page 12
X. Additional Information Page 13-20
XI . Pricing Page 21
BrightView Landscape Services J 24
Bri.ghtVi.ew ~
Labor Rates
BrightView's labor rates will be greater than or equal to prevailing wage rates for San Mateo County.

County of San Mateo Total Hourly Rate:

County of San Mateo Overtime Hourly Rate:
$16.19
$23.94

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 Craft: Landscape Maintenance Laborer
(Applies Only to Routine Landscape Maintenance Work, Not New Landscape Construction) 1 Determination:

NC-LML-2023-1
Determination: NC-LML-2023-1

Page 2 of 3 ends

Locality
Napa
Nevada and Sierra
Placer
Sacramento
San Benito
San Francisco
San Joaquin
San Mateo
Santa Clara
Santa Cruz
Solano
Sonoma
Stanislaus and Tuolumne
Tehama
Tulare
Yolo
Yuba
BrightView Landscape Services
Basic Health Pension
Hourly and
Rate Welfare
$1 5.50 $0.00 $0.00
$1 5.50 $0.00 $0.00
$15.50 $0.00 $0.00
$15.50 $0.00 $0.00
$1 5.50 $0.00 $0.00
$1 5.50 $0.00 $0.00
$1 5.50 $0.00 $0.00
$15.50 $0.37 $0.00
$15.50 $0.43 $0.00
$1 5.50 $0.00 $0.00
$15.50 $0.03 $0.00
$15.50 $0.00 $0.00
$1 5.50 $0.00 $0.00
$15.50 $0.00 $0.00
$15.50 $0.00 $0.00
$15.50 $0.38 $0.00
$15.50 $0.00 $0.00
$15.50 $0.00 $0.00
$15.50 $0.00 $0.00
$1 5.50 $0.69 $0.00
$15.50 $0.00 $0.00
$1 5.50 $0.00 $0.00
$15.50 $0.00 $0.00
Vacation Holiday Training Hours Total
Hourly
Rate
$0.11 h $0.14 $0.00 8.0 $15.75
$0.16 $0.19 $0.00 8.0 $1 5.85
$0.12 $0.14 $0.00 8.0 $15.76
$0.1 6 $0.00 $0.00 8.0 $15.66
$0.15 $0.00 $0.00 8.0 $15.65
$0.1 51 $0.18 $0.00 8.0 $15.83b
$0.17 $0.17 $0.00 8.0 $1 5.84
$0.1 2i $0.12 $0.00 8.0 $1 6.11b
$0.12k $0.14 $0.00 8.0 $1 6.19b
$0.1 31 $0.17 $0.00 8.0 $15.80b
$0.13m $0.18 $0.00 8.0 $15.84b
$0.16 $0.00 $0.00 8.0 $15.66
$0.19 $0.00 $0.00 8.0 $15.69
$0.00 $0.07 $0.00 8.0 $15.57
$0.13" $0.16 $0.00 8.0 $15.79b
$0.15° $0.19 $0.00 8.0 $16.22b
$0.115 $0.14 $0.00 8.0 $15.755
$0.13P $0.11 $0.00 8.0 $15.74b
$0.12 $0.19 $0.00 8.0 $1 5.81
$0.12q $0.00 $0.00 8.0 $16.31b
$0.00 $0.14 $0.00 8.0 $15.64
$0.00 $0.19 $0.00 8.0 $1 5.69
$0. 14 $0.16 $0.00 8.0 $15.80
Overtime
Hourly
Rate
(1 ½ X)
$23.50
$23.60
$23.51
$23.41
$23.40
$23.58b
$23.59
$23.86b
$23.94b
$23.55b
$23.59b
$23.41
$23.44
$23.32
$23.54b
$23.97b
$23.505
$23.49b
$23.56
$24.061>
$23.39
$23.44
$23.55
4 25
Bri.ghtVi.ew ~
Firm Description
• Name of Business: BrightView Landscape Services, Inc. • Type of Business: Corporation
• Number of years in experience: 84 years
• Federal Tax ID No: 95-2651541
• Contractors DIR Number: 1000005364
• Contractor's License Number - 266211 (C27)
• Branch Address: 855 Mahler Rd, Burlingame, CA 94010
• Contact Person: David Moo
• Contact Email: [email protected]
• Contact Phone: (951)406-5904
• Pest Control Business License Number: 40109
• ISA Certified Arborist: Elizabeth Bucio - #WE-14685A
• BrightView Tree Care Services Contractor's License Number - 863659 (C61/D49) • Qualified Applicator Licenses: Enrique Rivera - QAL Lie#: 147579 BrightView Landscape Services 5 26
BrightView ~
BrightView Licenses & Certifications
(}4_ j State of California
;GOV l \ , Department of Industrial Relations
I . ,
Contractor Information
legal Entity Name
BRIGHTVIEW LANDSCAPE SERVICES, INC.
legal Entity Type
Corporation
Status
Active
Reg istration Number
1000005364
Registration effective date
07/01/23
Registration expiration date
06/30/24
Mailing Address
27001 Agoura Rd Ste 350 CALABASAS 91301 CA United States of America Physical Address
27001 Agoura Rd Ste 350 CALABASAS 91301 CA United States of America Email Address
[email protected]
Trade Name/ OBA
license Number (s)
CSLB:266211
CSLB:266211
BrightView Landscape Services
c::JCa
------ - CONTRACTORS

STATE LICENSE BOARD

ACTIVE LICENSE
- - 266211 - CORP
__ BRIGHTVIEW LANDSCAPE

SERVICES INC OBA EMERALD

LANDSCAPES
-•C27
·--03/31 /2024
Registration History
Effective Date Expiration Date
06/17/18 06/30/19
06/14/17 06/30/18
06/08/16 06/30/17
06/22/15 06/30/16
01/13/15 06/30/15
07/01/19 06/30/20
07/01/20 06/30/21
07/01/21 06/30/22
07 /01/22 06/30/23
07/01/23 06/30/24
6 27
BrightView ~
Relevant Experience
• BrightView Landscape Services has over 140 years of industry experience between both legacy organizations (Brickman Group & Valley Crest). Enhancing the American landscape since 1939, BrightView Landscape Services maintains long-term relationships with its clients by offering the highest quality landscape management services at competitive rates. This formula has enabled BrightView to grow from small family-owned businesses to a recognized national industry leader. • Our services include weed abatement, landscape maintenance, landscape architecture and installation, irrigation and arborist services, forest management, sports turf care and snow management. BrightView's experienced, local teams ensure that your assets are more than simply maintained - they are enhanced to achieve maximum appeal and benefit. With 270 branch offices in 43 states, and our Local Branch in Burlingame, BrightView's structure ensures quality and service are delivered by a local, well-trained and professional staff. • BrightView takes a unique approach to every project and our clients profit from a proven and systematic method that generates tangible results.
• BrightView serves many municipalities, Fortune 500 corporate headquarters, research & development centers, office parks, college campuses and other large prestigious properties.

Chances are that when a problem arises, we have successfully solved it in the past. Through droughts and blizzards, prolonged rains, shrinking budgets, and emergencies of all descriptions, our tenured project management, supervisory staff and team have effectively and efficiently solved a similar problem .
• Local branch office in Burlingame, which services all of the sites for the City of East Palo Alto. • Employee pool of 22,000 employees company-wide and over 100 local team members within 20 miles of City of East Palo Alto.
• Financially stable
• Nationally acclaimed training organization
• BrightView designs, builds, maintains, and enhances landscapes that improve communities and the environment. We use environmentally responsible equipment and methods, including zero-emission commercial lawn mowers, state-of-the-art water conservation technology, and innovative landscape design.
• Outstanding Safety Record
• Industry leader in native and sustainable landscapes
BrightView Landscape Services 7 28
BrightView ~
Key Personnel Qualifications
Karine Stuimer - Senior Vice President - Part of the Executive Leadership Team that assist in developing, implementing, and evolving BrightView's industry leading Standard Operation Procedures. Works Directly with local branch teams to assist in leveraging national resources that can be made available to local operations. • Over 27 years' experience since 1996 in the Landscape industry. • Bay Friendly Qualified Landscape Professional, Bay Friendly Coalition • ReScape Certified
Brandon Steene - General Manager - Drives customer satisfaction through proactive, consistent quality service, while working with the branches management team to ensure client goals are met. Responsible for training, counseling, and developing growth plans with the staff and providing day-to-day operational scheduling and guidance.
• Over 25 years' experience in the Landscape industry.
• Bachelor of Science, Horticulture Science
• Qualified Applicator License (QAL)
• Certified Irrigation Contractor (CIC}
• Certified Landscape Irrigation Auditor (CUA)
Eric Santos -Vice President Irrigation - Eric Santos oversees Irrigation and Water Management Services for BrightView and leads BrightView Irrigation Advisory Network and BrightView Irrigation Training Program. Eric graduated from Cal Poly, San Luis Obispo, with a Bachelor of Science degree in Agricultural Engineering and has worked with BrightView Landscape Services (formerly ValleyCrest) since 1994. • IA Certified Landscape Irrigation Auditor
• IA Certified Golf Irrigation Auditor
• IA Certified Irrigation Contractor
• IA Certified Irrigation Designer- Golf, Res, Comm . #002701 • IA Certified Landscape Water Manager
• IA Certified Irrigation Technician
• IA Certified Ag Irrigation Specialist
• US EPA WaterSense Partner
• AWWA - CA/NV Backflow Prevention Specialist #6881
• AWWA - CA/NV Cross Connection Specialist #903
BrightView Landscape Services 8 29
BrightView ~
Ponciano Carmona -Account Manager - Ponciano will be your primary contact that is accountable for customer satisfaction . Ponciano will ensure compliance to job specifications and quality, manage and schedule crews, and ensure readiness of workers, tools and materials. He is responsible to train field personnel and maintain safe working conditions .
• Ponciano has been in the landscape industry for 18 years • Bachelor of Science, Horticulture
• Expertise in irrigation management and installation
• Safety certified on numerous power tools and large machinery Steven Anders - Branch Manager - Responsible for daily oversight of landscape operations/production, safety, guidance, quality control, hiring, training personnel, special requests, weekly maintenance activity report. Accountable for your complete satisfaction. Ensures compliance to job specs and quality. • Douglas has over 21 years' experience in the Landscape industry • Project manager of several similarly sized landscape projects • Experience includes Landscape Enhancement Management
• Bay Friendly Qualified Landscape Professional, Bay Friendly Coalition • ReScape Certified
• Quality Water Efficient Landscaper (QWEL) Certified
Elizabeth Bucio - ISA Certified Arborist/Tree Care - Ensures all trees are handled safely, ensures health of trees, and advises on best practices for all things related to trees. • 3 years of Arboriculture experience
• International Society of Arboriculture {ISA) Certified Arborist • Expertise in tree climbing and Tree Care estimation
BrightView Landscape Services 9 30
BrightView ~
Labor Plan & Equipment
There will be 5 employees dedicated to meet the landscape needs of the City of East Palo Alto. There will be 3 landscape professionals, 1 Production Manager, and 1 Account Manager. 1} Weed Abatement Crew-The Weed Abatement Crew will consist of 3 landscape professionals to handle the four times per year vegetation management and weed abatement for the City of East Palo Alto Sites (10 Sites per Exhibit A of the RFP). Total annual labor hours estimated to be approximately 700 total hours.
2) Dedicated Production Manager - The
Production Manager will be thoroughly familiar
with and able to perform all aspects of the
landscape maintenance. The Production
Manager will oversee all crew leaders to ensure
safety and quality to ensure all BrightView
production standards are met.
3} Dedicated Account Manager - BrightView will provide one dedicated Account Manager as the liaison between the City of East Palo Alto and BrightView who is ultimately responsible for customer satisfaction. Your Account Manager will have the sole responsibility of caring for the landscape maintenance for the City of East Palo Alto. Your Account Manager will be responsible for ensuring that every facet of the scope of work is adhered to safely and in excellence.

Weed Abatement Equipment
Qty Equipment
1 F250 Truck w/ Trailer
3 Weed Eater
3 Hedge Trimmer
3 Blower
1 48" Mower
1 Robotic Mower for Inclines
1 Bobcat
1 Dump Truck
Misc Hand Tools (rakes, pruners, etc.)
BrightView Landscape Services 10 31
BrightView ~
BrightView References
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Citywide Landscape Maintenance
Contact: Eddie Clements
[email protected]
(408) 373-7668
Start Date: 2017 - present
$1,682,784 Annually
City of Palo Alto
250 Hamilton Avenue
Pa lo Alto, CA 94301
Citywide Landscape Maintenance
Contact: Mark Ribeiro
[email protected]
(650) 496-6910
Start Date: 2017 - present
$2,182,392 Annually
City of San Jose
200 E Santa Clara Street
San Jose, CA 95113
Citywide Landscape Maintenance
Contact: Miguel Flores
[email protected]
(408) 202-5415
Start Date: 2014 - present
$535,616 Annually
Stanford University
450 Jane Stanford Way
Stanford, CA 94305
Weed Abatement
Contact: Michael Gladden
[email protected]
(650) 313-9436
Start Date: 2020 - present
$64,812 Annually
BrightView Landscape Services 11 32
BrightView ~
Insurance
CERTIFICATE OF LIABILITY INSURANCE 'Ill!& CEJ'ITFICllTE II II IUED Al A MATTER Ol' I RlfUIAY10N ON..Y AH> CONFclll HO RIOHTS UPON THE CERTIACATE HOUlER. THla CERTIFICATE DOU NOT Afn'IMATIVB.Y OR NEGATIVEl.Y 411£110, EXTEND OR .. u m THE 00\IERAOE AFFORDED BY lME POUCIEI BB.OW. lllll CEJ'ITFtcAT£ OF INIURAHCE DOU HOT ODNITITVTE 4 CONTIIACT l!ETI\'EE>f 1HE IUUINO IN I ~ AUTHDRIZ£0 REPREIENTATIVE OR PRODUCER. ANO THE CERTIACAJE HOLDER.

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ACORD 26 (fO I &!031
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12 33
BrightView ~
Additional Information
RE: Letter of Exceptions to the City of East Palo Alto Weed Abatement & Trash Removal ("Bid") To whom it may concern,
BrightView Landscape Services, Inc. ("BrightView") welcomes the opportunity to submit a bid to the above referenced Request for Proposals (RFP) and looks forward to the possibility of partnering with you. In accordance with the accompanying Instructions, BrightView respectfully submits the following exceptions to the proposed terms and conditions included in the RFP itself and/or the Sample Agreement:

1. 4.0 INDEMNIFICATION: BrightView's position is that it is not financially prudent nor an appropriate allocation of risk to transfer the costs associated with the customer's claims to BrightView. To the extent BrightView's negligent performance of its obligations results in property damage or personal injury to a third party, we will indemnify City for the damages/costs it incurs from such third party. To the extent City alleges that it may have suffered some property damage or personal injury due to an alleged breach of contract, BrightView will be liable to the extent so determined by the court- but should not, contractually, agree to carry the entire cost of City's pursuit of that claim. Based upon the foregoing, BrightView respectfully requests the following revisions to this Section: 4.1: Line 2 - before "claims"; line 9 - delete "or indirectly"; line 10 - delete "regardless of whether or not" and replace with "except to the extent" Sample Agreement:

1. 4. Permits. Compliance with Law.: it is BrightView's position that in the event that Brightview is required to use regulated substances such as Round-up and other pesticides, Brightview should not be liable for its use when it is used in accordance with industry standards and normal application. Based upon the foregoing, Brightview respectfully requests the following revisions to this section: "applicable laws and regulations by properly licensed personnel and the CONTRACTOR shall not be held liable for the use of such substances if properly applied in accordance with applicable laws and regulations.

2. 16. HOLD HARMLESS: Based upon the foregoing, BrightView respectfully requests the following revisions to this section: line 3 - before "liability" insert "third-party"; line 5 -delete "or indirectly".

3. 9. Termination for Breach, etc. _BrightView believes that it is fair and equitable that the right to terminate without cause should be granted to both parties. This exception has no impact on any considerations for this project. Based upon the foregoing, BrightView respectfully requests the following is added to the end of this section: "Either party may terminate this Agreement without cause by giving ninety (90) days' prior written notice thereof to the other party."
BrightView respectfully requests your consideration of the items noted herein and the opportunity to lightly negotiate certain terms for the mutual benefit of both parties. This Letter of Exceptions, together with any attached Scope of Services, Pricing, and other schedules and exhibits attached hereto, constitute BrightView's entire response to the RFP and supersedes all prior BrightView responses to the RFP, whether oral or written.

Sincerely,
BrightView Landscape Services 13 34
BrightView ~
BrightView Training & Safety
BrightView employees are constantly trained in their individual areas and are fully capable of providing the highest quality of services. Through our "BRIGHTPATH PROGRAM" we offer training for entry level individuals and a career path for growth to all levels of employees. All Project Managers and Supervisors are supported by a new BrightView App which provides them with the tools they will need, such as a complete trainer guides and skills matrix.

This program not only Increases team member satisfaction and retention, it also ensures the delivery of ready, trained, safe and enabled crews who provide consistent, quality
service to our customers. With ongoing training and coaching they will acquire new skills and develop professionally and grow in their careers at BrightView.

Driver safety is included in BrightPath Training and is a regular topic of safety tailgates. BrightView trains drivers using the Smith System - 5 Rules of Safe Driving. We perform daily inspections on all vehicles. BrightView utilizes an electronic Driver Vehicle Inspection Report tool to ensure all vehicles are checked daily, Federal DOT requirements are met and to keep our equipment properly maintained and
operationa I. l•"'l>"""-""t:' I J-• (h'\ M 'l- 1- ,.,, .... , WI 11,.A' ..f l
Our crew vehicles are equipped with all the standard safety devices outlined above. Each morning, prior to the workday, crew leaders inspect all trucks and trailers. BrightView also has extensive driver safety certification program, mandatory weekly field crew safety meetings and weekly management safety calls.

At BrightView, we believe it is our duty and responsibility to help ensure that every single employee arrives home safely to their family each day. The safety and well-being of our customers, visitors to your property, the general public, and our employees is our top priority. From the moment we gather at 6a.m. for 'stretch-andflex,' to the moment we arrive on-site at your property, we are living out the safety promise we've made to each other and to our customers.

As an organization committed to constant improvement, we actively work to continue developing a best-inclass Safety Management System that results in zero injuries to our team members and injury rates well below the national industry average. BrightView is invested in a structured and disciplined safety excellence initiative that protects and fosters a safe environment. With safety managers assigned to every branch office, we take pride in conducting our business operations in a manner that helps to ensure the safety and well-being of our teams and the communities in which we operate.

BrightView Landscape Services 14 35
BrightView ~
BrightView is the landscape partner who believes safety is much more than the gear we wear - it's woven into the fabric of our company.

In the landscape industry, the average OSHA Recordable Incident Rate is 4.20. At BrightView, our number is consistently well below; in fact, last year our rate was 2.1. We're sharing this because we believe that when it comes to safety, there's no reason to be shy.

Train, Check & Reinforce
Team members undergo extensive vetting and
training before they serve you, including E-Verify, initial and ongoing driving record checks and drug and alcohol
-Verify
screenings. New hires undergo our safety orientation and must receive certification for every piece of power equipment they'll use. We also utilize a buddy system for new hires, pairing them with more tenured team members who help them learn the ropes.

However, our focus on safety doesn't end there. Crews participate in weekly safety meetings, which review how to avoid hazards relevant to the current season. Our management teams also participate in a weekly safety call, where they review any opportunities for improvement and strategize how to address them. Finally, we conduct periodic jobsite inspections to ensure safety best practices are always in use at your facility.

But it's not all work and no play. We believe safety should be celebrated. That's why we've created a reward system for safety compliance and make recognition of those who have exhibited good safety behaviors a key part of our morning pre-dispatch routine.

Before We Arrive
Our safety preparations begin well
before we set foot on your property.

Teams begin the day with "Stretch and
Flex" -a time for everyone to stretch
together to prevent soft tissue injuries,
review safety practices, and discuss any
potential hazards. Before leaving the
yard, we inspect our personal Bright View crews begin their day with Stretch-11-Flex. protective equipment (which we require and provide), supplies, and ensure an ample supply of water to keep the team well hydrated. Finally, we inspect our trucks and trailers to ensure they're roadworthy and compliant with regulatory agencies. These daily inspections help us remedy and identify any deficiencies that could cause harm to our teams or the public.

BrightView Landscape Services 15 36
BrightView ~
On Your Property
We're easy to spot, but that's intentional. Our attire is designed to make it easy to identify who is part our crew and enhance visibility for your safety and ours. In addition to our company-issued PPE, our crews are fully uniformed in seasonally appropriate gear, which
always includes name badges and safety vests. Our
vehicles are logoed and feature our distinctive livery, while cones are used to mark safety zones.

However, what's not visible is one of the features
we're most proud of: our Stop Work Authority. The
Stop Work Authority empowers every team member
to take safety into their own hands. Crew members
are encouraged to stop a job if they personally feel
unsafe, or witness something that could put a
teammate or the public in peril.

Continuous Improvement
. . BrightView fornses 011 safety tl,ro11g l,011t eve1y tl,i11g we do.

Though our OSHA incident rate is significantly better than the industry average, there are always opportunities to improve. Hazards, near misses, and concerns are always submitted to our Branch Safety Leaders for review and correction, if needed. In the event of an injury, a root cause analysis is conducted to ensure future incidences are prevented.

We're proud of our safety program, but that's not the only reason we're sharing these details. We're providing this information because we believe it should be readily available to you, to aid in your selection process. The patients who entrust you with their care have confidence they'll be in good hands. We want you to have that same confidence in us.

BrightView Landscape Services 16 37
BrightView ~
Start Up
BrightView's transition process is a documented action plan that involves both senior and site management by the customer and BrightView. This process starts out with the overall vision and goals of the partnership.

Implementation plans with specific details and schedules are developed. Timely meetings to review progress are scheduled for both individual sites and overall teams to ensure success.

Job start-Up Needs Evaluation:
• Initial job site walk-through is done prior to job start-up to determine specific site-related needs of the customer. Site-specific issues are discussed. A site walk-through is then performed asking more sitespecific questions, which clarify the customer needs • Specific goals set for upcoming year
• Daily, weekly, monthly communication process finalized Goals of Initial Site Meeting:
• Establish a communication process (meetings, reports, etc.) • Clearly establish expectations using contract specifications and current knowledge of site management
• Present schedule of operations in Gantt format
• Identify ALL special situations, issues, areas & processes • Clearly establish a base safety process and site-specific processes • Document a process for out-of-scope work (P.O., sign-off, billing) • Share emergency call process
• Set short-term improvement goals
• Benchmark existing site status, conditions, and opportunities for improvements
BrightView Landscape Services 17 38
BrightView ~
• At our initial kick-off meeting we will review and confirm communication protocols, review the contract and scope of work along with a time line on completion of key site initiatives. Moreover, we review our safety protocols, our QSA process and scheduling, and discuss pre-approval thresholds on emergency spending. Here's what to expect in the first 6 months with BrightView at our 30, 60, 90, and 180 day milestones:
• Monthly Review: Client, Account Manager, and Branch Manager • Review agreed upon first month expectations, progress on key initiatives, and lessons learned
• Implement course corrections as may be needed
• Perform site QSA with client
• Confirm site maintenance plan (key site initiatives) for next 30 days •
• Monthly Review: Client, Account Manager, and Branch Manager • Confirm scope alignment & expectations are being exceeded • Review details on QSA and any carryover items
• Check progress and/or completion of key site initiatives • Client Survey touch point
•
• Business Review: Client, Account Manager, and Branch Manager • Review 90 Day Follow-up Partnership Transition Guide
• Review details on QSA and any carryover items
• Check progress and/or completion of key site initiatives •
• Business Review: Client, Account Manager, and Branch Manager • Confirmation of team exceeding expectations, developing partnership • Review details on QSA and any carryover items
• Review/Update Client Partnership Plan for following season BrightView Landscape Services 18 39
BrightView ~
QUALITY CONTROL: COMMUNICATION AND REPORTING
To ensure a successful partnership, effective communication is one of our top priorities. We believe strongly in being proact ive in our communication and have designed several forms and checklists our customers find valuable for staying apprised of their landscape status and maintenance activity. Additionally, we are equipped to respond quickly to new and unexpected needs as they arise.
• Inspect sites during all seasons
• Report our maintenance activities in
compliance with RFP
• Provide digital photos to verify technical issues,
damage, and plant and tree health
• You have 24/7 access to your Account
Manager by telephone and email. All issues
that arise will be treated with a sense of
urgency and addressed with due diligence.
• Emergencies that occur outside of regular business
hours will be dealt with depending on the severity of
the situation . You can expect a response and proposed
solutions to after hour's emergencies within two hours
or less.
• We judge our success by the complete
satisfaction of our customers. We continually
collect feedback through a comprehensive
customer satisfaction program. We use the
valuable insight gained through our survey
program to determine system improvements
and guide the content of our employee training
program.
• Every customer we partner with has the
opportunity to formally evaluate our work
product, service and relationship at least once a
year through our Client Satisfaction Survey via a
third-party vendor. Your feedback is important to
us. We pay attention to the survey results and
follow-up with a summary of each one to learn
how we can improve.

BrightView Landscape Services
General Information
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19 40
BrightView ~

QSA REPORTS
• To ensure a successful partnership, effective communication is one of our top priorities. We found the best way to keep our customers highly satisfied is to make sure we understand your current needs and priorities. We will provide proactive communication on a monthly basis that includes images, pricing and recommendations that will give you a full view of your landscape.

We employ a range of tools and reports including the Quality Site Assessment (pictured), Activity Reports and many more.

QUALITY SITE ASSESSMENT
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Pricing
No.
1 2
3 4
5 6
7 8
9 10
Note:

Exhibit A
,Yeed .·\.batement & Trnsh RemoYal Proposal
Pricing She,et
Location /Address Lot Size
East Bayshore Sound Wall-from IKEA to 3,000 LF
PulQas
East Bayshore Sound Wall- from University to 3,800 LF
Saratooa
Willow Rd-from Newbridge to HWY 10'1 off 1,100 LF
ramo exit
Willow Rd- from NewbridQe to Albemi 960LF
West Bayshore Sound Wall-from Manhattan to 2,100 LF
Addison
West Bayshore Sound Wall-from Pulgas to 4,500 LF
Caoital
City Lot at 1950 Pulgas -Future Library- 47,809 sq/ft
APN#063240490
Citv Lot next to MLK Park-APN#063580040 77 317 so/ft
Rail Sour-from Pulaas Bav Rd 2 630 LF
Rail Spur-from Bay Rd to Purdue 4,180 LF
Total Cost
1) Pricing based on prevailing wage rates for San Mateo County.

Four Times
Cleaning Per
Year
$6,959.11
$4,464.19
$4,221.02
$ ? 601 40
$3,136.98
$6,185.66
$1,505.50
$6 478.65
$2 508.88
$2 757.93
$40 819.32
2) Garbage and green waste collected to be disposed at Maintenance Corp Yard at 150 Tara Road.

Page 16 of 21 ends

BrightView Landscape Services 21 42
CONSENT ITEM 3.6

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: National Mosquito Control Awareness Week Proclamation Recommendation
Present the proclamation for National Mosquito Control Awareness Week .

Attachments

1. Proclamation
43 PROCLAMATION OF THE CITY OF EAST PALO ALTO CELEBRATING NATIONAL MOSQUITO CONTROL AWARENESS WEEK JUNE 16-22-24
WHEREAS, National Mosquito Control Awareness Week aims to educate the public about the significance of mosquitoes in their daily lives and the important service provided by mosquito control workers; and WHEREAS, Excess numbers of mosquitoes and other vectors spread diseases, reduce the enjoyment of both public and private outdoor living spaces, reduce property values, hinder outdoor work, reduce livestock productivity, and have a negative impact on the environment; and WHEREAS, Three mosquito-borne viruses cause significant human disease in California: West Nile virus (WNV), St. Louis encephalitis (SLEV), and western equine encephalitis virus (WEEV); and WHEREAS, From 2003 to 2019, 7,024 WNV human cases with 309 deaths have been reported in California; and
WHEREAS, Surveillance and control of mosquitoes is critical to reduce public health risk of mosquitoborne diseases, and WHEREAS, Adequately funded, science-based, professional mosquito and vector control, disease surveillance, and public awareness programs are the best way to prevent outbreaks of mosquito-borne disease; and
WHEREAS, As a result of the threat mosquitoes posed to California’s economic development and health of its citizens, 104 years ago in 1915 the California Legislature enacted the Mosquito Abatement Districts Act; and
WHEREAS, Professional mosquito and vector control, based on scientific research, has made great advances in safely reducing mosquito and vector populations and the diseases they transmit; and WHEREAS, The San Mateo County Mosquito and Vector Control District was established in 1916. The San Mateo County Mosquito and Vector Control District’s mission is to safeguard the health and comfort San Mateo County citizens through a science-based program of integrated vector management; and WHEREAS, “National Mosquito Control Awareness Week” will increase the public’s awareness of the threat of diseases and encourage the public to take action in preventing mosquito-transmitted disease, and will highlight the activities of the various mosquito and vector research and control agencies working to minimize the health threat within California.

NOW THEREFORE, BE IT RESOLVED, that the City Council of East Palo Alto, hereby proclaims June 16-22- 24 as “Mosquito Control Awareness Week” in the City of East Palo Alto.

Dated: June 4, 2024
Antonio Lopez, Mayor
44 CONSENT ITEM 3.7

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager & John D. Lê, City Attorney SUBJECT: Amendment of Code of Ethics and Conduct for Elected and Appointed Officials Recommendation
Adopt a resolution amending the City of East Palo Alto “Code of Ethics and Conduct for Elected and Appointed Officials” to establish a Council protocol for agenda setting.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
 Ensure Our Financial and Organizational Health
Background
On June 1, 2021, the City Council adopted the Code of Ethics and Conduct for Elected and Appointed Officials (Code of Ethics and Conduct). This policy expanded upon, repealed, and replaced the “Council Rules of Procedure” which were adopted September 6, 2016. The Code of Ethics and Conduct applies to both elected and appointed officials, including the City Council and City advisory bodies. The policy is designed to describe the manner in which Councilmembers and members of City boards, commissions, and committees should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto.

In addition to outlining ethical standards and conduct rules (with each other, members of other governmental bodies, the public, media, and City staff), in Section 7, the Code of Ethics and Conduct governs the City Council agenda setting process. However, the policy does not provide comprehensive direction on how a councilmember mayadd an item to a future City Council meetingagenda.

On February 20, 2024, during the Council Reports section of the City Council Meeting, the 45 CONSENT ITEM 3.7
Council discussed the need for the Council to clarify the procedure for Councilmembers to add items to future Council Meeting agendas. On April 2, 2024, the City Council appointed an ad hoc subcommittee consisting of Vice Mayor Martha Barragan and Councilmember Ruben Abrica to evaluate and propose potential policies clarifying the agenda setting process for City Council consideration. The subcommittee met and proposed changes to Section 7 of the Code of Ethics and Conduct to clarify the agenda setting process and explain what options a City Councilmember may have to add an item to a future City Council Meeting if the Mayor and Vice Mayor oppose the item being added.

Analysis
Section 7 of the Code of Ethics and Conduct currently defines the agenda setting process in subsection A. It reads:

SECTION 7: CITY COUNCIL AGENDA SETTING
A. Agenda Setting Process: A City Council member may submit a request to the Mayor or Vice Mayor to add a matter to a future meeting agenda. The request will be considered at the Mayor/Vice Mayor meeting.

The proposed amendments to this section define the Agenda Committee and its purpose, and further describes how councilmembers should make requests to the Agenda Committee, including options if their request is denied. The proposed amendments to the Code of Ethics and Conduct, Section 7, Subsection A are as follows with changes in red text:

SECTION 7: CITY COUNCIL AGENDA SETTING
A. Agenda Setting Process:

1. The Agenda Committee. The Agenda Committee is comprised of the Mayor and Vice Mayor. The charge of the Agenda Committee is to work with Staff to plan City Council Meetings. There are three primary purposes to Agenda Committee meetings: 1) to plan how City Council Meetings will be conducted, including review of approximate time allocations for agenda item presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings, including items to be included on future meeting agendas.

Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard. The purpose of the meeting is not to work on policy issues. Normally, the Mayor and Vice Mayor attend the Agenda Committee meetings with the City Manager, City Attorney, and other staff, as appropriate. The Mayor and Vice Mayor’s roles are to represent the interests of the entire Council.

2. Councilmember Requests to the Agenda Committee. A City Council member may submit a request to the Mayor or Vice Mayor Agenda Committee to add a matter to a future meeting agenda. The request may be written directly to the Agenda Committee or made verbally under Council Reports at any public 46 CONSENT ITEM 3.7
meeting of the Council. The request will be considered at the Mayor/Vice Mayor Agenda Committee meeting.
i. The Decision. The Agenda Committee may grant any such request as a matter of courtesy without further discussion and will agendize the requested item for a future agenda as soon as practicable, considering staff input on operational and budgetary capacity. If the Agenda Committee is unable to arrive at a consensus on the request, the Mayor or Vice Mayor may grant the request outright.

If the Agenda Committee denies the request, then the requesting councilmember may make the request through the City Manager. In that instance, the City Manager would ensure an item would be added to a future agenda under “Council Reports” to discuss the request for the item to be added to another future agenda. When discussing the request during “Council Reports,” as an ordinary agenda item where parliamentary rules of procedure apply, the entire Council would consider the request to add the item to a future agenda. If a majority of the Council votes to grant the request, the Agenda Committee will agendize the requested item for a future agenda, as soon as practicable considering staff input on operational and budgetary capacity.

The intent of these amendments is not to create a new agenda setting process; but to document existing practices and establish them as policy. If the City Council adopts a resolution approving these amendments, the Code of Ethics and Conduct will be amended to reflect the changes described above.

Fiscal Impact
There is no fiscal impact for this item.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not entail an entitlement. 47 CONSENT ITEM 3.7
Analysis of Levine Act Compliance: Not applicable.

Attachments
Resolution, with Exhibit )(Proposed Amended Code of Ethics and Conduct). 48 Administrative Policy
Code of Ethics and Conduct

Page 1 of 10 ends

EXHIBIT A

ADMINISTRATIVE POLICY
SUBJECT: CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED

OFFICIALS
SECTION 1: POLICY
This policy shall be referred to as the Code of Ethics and Conduct for Elected and Appointed Officials (“Code of Ethics and Conduct”).

SECTION 2: PURPOSE
The City of East Palo Alto (“City”) has established this Code of Ethics and Conduct for members of the City Council and the City’s boards, commissions, and committees to assure public confidence in the integrity of local government and its effective and fair operation. The Code of Ethics and Conduct is designed to describe the manner in which Councilmembers and members of City boards, commissions, and committees should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto.

SECTION 3: APPLICABILITY
This Code of Ethics and Conduct applies to the East Palo Alto City Council (“City Council”), and City boards, commissions, and committees (“Advisory Bodies”). For ease of reference in the Code of Ethics and Conduct, the term “Member” refers to any member of the City Council or City Advisory Bodies established by City ordinance, resolution, or Council policy.

SECTION 4: ETHICS
A. Introduction: The residents and businesses of the City are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:

1. Comply with both the letter and spirit of the laws and policies affecting the operations of government;

2. Are independent, impartial and fair in their judgment and actions;

3. Use their public office for the public good, not for personal gain; and

4. Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. 49 Administrative Policy
Code of Ethics and Conduct

Page 2 of 11 ends

B. Rule: Members shall comply with all applicable ethics laws, rules, and guidelines, including those set forth in this section.

C. Act in the Public Interest: Recognize that stewardship of the public interest must be their primary concern, and that Members will work for the common good of the people of East Palo Alto and not for any private or personal interest, and will assure fair and equal treatment of all persons, claims and transactions coming before them.

D. Comply with both the spirit and the letter of the Law and City Policy: Members shall comply with the laws of the nation, the State of California, and the City of East Palo Alto in the performance of their public duties.

E. Conduct of Members: The professional and personal conduct of Members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of City Council, Advisory Bodies, City staff or the public.

F. Respect for Process: Members shall perform their duties in accordance with the processes and rules of order established by the City Council.

G. Conduct at Public Meetings: Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.

H. Decisions Based on Merit: Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the Member is called upon to determine and apply facts particular to an individual case), Members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.

I. Communication: For adjudicative matters pending before the body, Members shall refrain from receiving information outside of an open public meeting or agenda materials, except on advice of the City Attorney. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decision-making process.

J. Conflict of Interest: In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, Members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions.

Members shall not use their official positions to influence government decisions in which they have (1) a material financial interest, (2) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (3) a strong personal bias.
50 Administrative Policy
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A Member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (“FPPC”) or other appropriate state agency, a Member shall not participate in a decision unless and until he or she has requested and received advice allowing the Member to participate. A Member shall diligently pursue obtaining such advice.

The Member shall provide the Mayor and the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to Members, the City Attorney represents the City and not individual members.

In accordance with the law, Members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.

K. Gifts and Favors: Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general.

Members shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.

L. Confidential Information: Members must maintain the confidentiality of all written materials and verbal information provided to Members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

M. Use of Public Resources: Members shall not use public resources which are not available to the public in general (e.g., City staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.

N. Representation of Private Interests: In keeping with their role as stewards of the public interest, members of City Council shall not appear on behalf of the private interests of third parties before the City Council or any Advisory Body or proceeding of the City, nor shall members of any Advisory Body appear before their own bodies or before the City Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.

O. Advocacy: Members shall represent the official policies or positions of the City Council, or Advisory Body, to the best of their ability when designated as delegates for this purpose.

When presenting their individual opinions and positions, Members shall explicitly state they do not represent their Advisory Body or the City of East Palo Alto, nor will they allow the inference that they do. Councilmembers and Advisory members have the right to endorse candidates for all Council seats or other elected offices. However, it is inappropriate to mention or display endorsements during City Council meetings, or Advisory Body meetings, or other official City meetings.
51 Administrative Policy
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P. Policy Role of Members: Members shall respect and adhere to the council-manager structure of City government as outlined in the East Palo Alto Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, Advisory Bodies, and the public. Except as provided by the East Palo Alto Municipal Code, Members shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of City staff to implement Council policy decisions.

Q. Independence of Advisory Bodies: Members of City Council shall refrain from using their position to unduly influence the deliberations or outcomes of Advisory Body proceedings.

This is necessary due to the value of the independent advice of Advisory Bodies to the public decision-making process.

R. Positive Workplace Environment: Members shall support the maintenance of a positive and constructive workplace environment for City employees and for residents and businesses interacting with the City. Members shall recognize their special role in dealings with City employees and shall not create the perception of inappropriate direction to City staff.

SECTION 5: CONDUCT RULES
The Conduct Rules set forth in Sections 6-14 are designed to describe the manner in which Members should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto.

SECTION 6: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH EACH

OTHER IN PUBLIC MEETINGS
A. Introduction: Members are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.

B. Respect the Chair: It is the responsibility of the chair to keep the comments of Members on track during public meetings. Members should respect efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

C. Practice Civility and Decorum: Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
52 Administrative Policy
Code of Ethics and Conduct

Page 5 of 11 ends

D. Avoid Offensive Comments: If a Member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

E. Demonstrate Effective Problem-solving Approaches: Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

SECTION 7: CITY COUNCIL AGENDA SETTING
A. Agenda Setting Process:

2. Councilmember Requests to the Agenda Committee. A City Council member may submit a request to the Mayor or Vice Mayor Agenda Committee to add a matter to a future meeting agenda. The request may be written directly to the Agenda Committee or made verbally under Council Reports at any public meeting of the Council. The request will be considered at the Mayor/Vice Mayor Agenda Committee meeting.
i. The Decision. The Agenda Committee may grant any such request as a matter of courtesy without further discussion and will agendize the requested item for a future agenda as soon as practicable, considering staff input on operational and budgetary capacity. If the Agenda Committee is unable to arrive at a consensus on the request, the Mayor or Vice Mayor may grant the request outright.

Page 6 of 11 ends

of procedure apply, the entire Council would consider the request to add the item to a future agenda. If a majority of the Council votes to grant the request, the Agenda Committee will agendize the requested item for a future agenda, as soon as practicable considering staff input on operational and budgetary capacity.

B. Proclamations: To the extent possible, Councilmembers must submit Proclamations requests to the Mayor or Vice Mayor and the City Clerk at least two weeks in advance of the event for recognition of the person who is the subject of the Proclamation. The Proclamation must have a contact name, email/phone number, and a sample of the wording.

C. Special Presentations: Councilmembers must submit requests for special presentations to the Mayor/Vice Mayor for consideration of agenda placement at the Mayor/Vice Mayor meeting.

D. Letter of Support: If a letter of support is written in an individual Councilmember’s capacity, the letter shall reflect that it reflects only the viewpoint of the author and not the full City Council. The author shall provide the City Clerk a copy of the letter for official retention.

SECTION 8: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

PUBLIC IN PUBLIC MEETINGS
A. Introduction: Making the public feel welcome is an important part of the democratic process.

No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

B. Equitable Time Limits: The chair will determine and announce limits on speakers at the start of the public hearing process.

C. Practice Active Listening: While questions or clarification may be asked, a Member’s primary role during public testimony is to listen.

D. Maintain an Open Mind: The public deserves an opportunity to influence the thinking of elected and appointed officials and Members shall maintain an open mind. 54 Administrative Policy
Code of Ethics and Conduct

Page 7 of 11 ends

E. Avoid Debate or Argument: Only the chair – not individual members – can interrupt a speaker during a presentation. However, a Member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the Member finds disturbing.

SECTION 9: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

CITY STAFF
A. Introduction: Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and City staff who implement and administer the City Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

B. Respect City Staff: Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards City staff is not acceptable.

C. Council Requests to City Manager: City Council requests that deal with policy or fiscal issues or requests that may be construed as direction shall be directed to the City Manager.

City Council members may contact department directors for general inquiries or questions.

City Council members may also correspond directly with the City Attorney.

D. Council Agenda Questions: City Council requests for answers to questions on council agenda items should be submitted to the City Manager, City Attorney or relevant department director or manager prior to the meeting whenever possible.

E. Avoid Disruption: Members should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Members should not attend City staff meetings unless requested by City staff, as the Member’s presence may imply support, show partiality, intimidate City staff, or hamper City staff’s ability to do their job objectively.

F. Refrain from Public Criticism: Members should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Councilmember comments about City staff performance should only be made to the City Manager or City Attorney through private correspondence or conversation.

Appointed officials should make their comments regarding City staff to the City Manager, City Attorney, or the Mayor.

G. Avoid Administrative Functions: Members acting in their individual capacity must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

H. Refrain from Political Influence: Members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. 55 Administrative Policy
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I. No Attorney-Client Relationship: Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her staff, and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not individual members. Members who consult with the City Attorney cannot enjoy or establish an attorney-client relationship with the City Attorney.

SECTION 10: CITY COUNCIL CONDUCT WITH ADVISORY BODIES
A. Introduction: The City has established several Advisory Bodies as a means of gathering more community input. Residents who serve on Advisory Bodies become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.

B. Conduct at Advisory Body Meetings: Councilmembers may attend any Advisory Body meeting, which are always open to any member of the public. However, Councilmembers should be sensitive to the way their participation – especially if it is on behalf of an individual, business or developer – that could be viewed as unfairly affecting the process.

Any public comments by a Councilmember at an Advisory Body meeting should be clearly made as individual opinion and not a representation of the viewpoint of the entire City Council. Individual Councilmembers are also responsible to ensure compliance with the Brown Act at all times.

C. Limit Contact with Advisory Body Members: It is inappropriate for a Councilmember to contact an Advisory Body member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact Advisory Body members in order to clarify a position taken by the Board, Committee or Commission.

D. Respect the Role of Advisory Body Members: The City Council appoints individuals to serve on Advisory Bodies, and it is the responsibility of Advisory Bodies to follow policy established by the City Council. However, Advisory Body members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten Advisory Body members with removal if they disagree about an issue. Appointment and re-appointment to an Advisory Body should be based on such criteria as expertise, ability to work with City staff and the public, and commitment to fulfilling official duties. A Board, Committee, or Commission appointment should not be used as a political "reward." E. Be Respectful of Diverse Opinions: A primary role of Advisory Bodies is to represent many points of view in the community and to provide the City Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Advisory Bodies, but must be fair and respectful of all residents serving on Advisory Bodies.

F. Refrain from Political Influence: Advisory Body members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Advisory Body members who are running for office, but not in an official forum in their capacity as a Councilmember. 56 Administrative Policy
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SECTION 11: CONDUCT OF CITY STAFF RELATED TO PUBLIC MEETINGS A. Staff Report Writing: The City Manager shall supervise and approve all City staff reports that are published as part of the City Council agenda. City staff shall prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule. Furthermore, the City Manager shall advise management staff of potentially political or controversial issues coming before the City Council and direct City staff to be present and appropriately prepared at City Council meetings.

B. Council Inquiries: City staff shall be available for questions from City Council members in accordance with the Brown Act prior to and during meetings and shall respond to questions during meetings only when requested to do so by Council members, the City Manager, or the City Attorney.

C. Decorum: City staff shall refrain from arguing with the City Council members, Advisory Body members, and the public. Electronic equipment that is not otherwise being used for public meeting purposes shall be set to silent or off mode during public meetings.

D. Keeping Council Informed: To the extent permitted by the Brown Act, the City Manager and City staff shall keep the Mayor and City Council members informed of significant issues in the City of East Palo Alto.

SECTION 12: CONDUCT WITH THE MEDIA
A. Introduction: Councilmembers are frequently contacted by the media for background and quotes. The best advice for dealing with the media is to never go "off the record." Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. However, one bad experience can be catastrophic. Words that are not said cannot be quoted.

B. Mayor as Spokesperson: The Mayor is the designated representative of the City Council to present and speak on an official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint.

C. Choose Words Carefully: Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media.

D. Limits on Advisory Body Members: Advisory Body members are not authorized to represent the City outside of official advisory body meetings unless specifically authorized to do so. 57 Administrative Policy
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SECTION 13: SANCTIONS
A. Acknowledgement of Code of Ethics and Conduct: Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Advisory Body members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office.

B. Standards and Expectations: The Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the City Council, and Advisory Bodies. Members have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The Mayor and City Council, and chairs of City Advisory Bodies have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.

C. Councilmember Sanctions: Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or censured by the City Council, lose seniority or committee assignments (both within the City of East Palo Alto and with intergovernmental agencies) or other privileges afforded by the Council (i.e., restrictions on official City travel).

Individual Councilmembers should point out to the offending Councilmember the perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being questioned, then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor (or Vice Mayor) to initiate action if a Councilmember’s behavior may warrant sanction. If no action is taken by the Mayor (or Vice Mayor), then the alleged violation(s) can be brought up with the full City Council.

D. Advisory Body Member Sanctions:

1. Counseling: Counseling and verbal warnings may be administered by the Mayor to an Advisory Body member failing to comply with City policy. This lower level of sanctions shall be kept private to the degree allowed by law. The Mayor shall advise the chair of the respective Advisory Body of the counseling or verbal warning, and also notify the City Manager, City Attorney, and City Clerk.

2. Investigation: When deemed warranted, the Mayor or majority of City Council may call for an investigation of an Advisory Body member’s conduct. In addition, should the City Manager or City Attorney believe an investigation is warranted, they shall confer with the Mayor, or City Council in compliance with the Brown Act. The Mayor or City Council shall ask the City Manager or the City Attorney to investigate the allegation and report the findings.
58 Administrative Policy
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Page 10 of 11 ends

3. Discipline: Written reprimands, censure and removal are all options available to the City Council for disciplining an Advisory Body member failing to comply with City policy. Any form of discipline imposed by City Council shall be determined by a majority vote of at least a quorum of the City Council at a noticed public meeting and such action shall be preceded by a report to City Council with supporting documentation.

4. Alternative Remedy: These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this code or state or federal law. In order to protect and preserve good government, any individual including the City Manager and the City Attorney after complying with Rule 1.13 of the State Bar Rules of Professional Conduct, who knows or reasonably believes a Member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities.

E. Inappropriate City Staff Behavior: Councilmembers should refer to the City Manager, or City Attorney as appropriate, any City staff who do not follow proper conduct in their dealings with Councilmembers, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions.

SECTION 14: IMPLEMENTATION
The Code of Ethics and Conduct is an expression of the standards of conduct expected by the City for its elected and appointed officials. It therefore becomes most effective when Members are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientations for candidates for City Council, Advisory Bodies, and newly elected and appointed officials. Members entering office shall sign a statement (example below) acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council, Boards, Committees and Commissions, and update it as necessary.

Example:

I affirm that I have read and understand the City of East Palo Alto Code of Ethics and Conduct for Elected and Appointed Officials.

Signature Date
59 Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AMENDING THE CITY OF EAST PALO ALTO CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED OFFICIALS.

WHEREAS, on June 1, 2021, the City of East Palo Alto City Council adopted Resolution No. 75- 2021 adopting the City of East Palo Alto “Code of Ethics and Conduct for Elected and Appointed Officials,” and repealed the prior version titled “Council Rules of Procedure;” and WHEREAS, the Code of Ethics and Conduct for Elected and Appointed Officials is designed to describe the manner in which Councilmembers and members of City boards, commissions, and committees should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto; and
WHEREAS, the Code of Ethics and Conduct for Elected and Appointed Officials outlines ethical standards, conduct rules, the City Council agenda setting process, and policy enforcement provisions; and
WHEREAS, in addition to outlining ethical standards and conduct rules (with each other, members of other governmental bodies, the public, media, and City staff), in Section 7, the Code of Ethics and Conduct governs the City Council agenda setting process, although it does not provide comprehensive direction on how a councilmember may add an item to a future City Council meeting agenda; and
WHEREAS, on February 20, 2024, during the Council Reports section of the City Council Meeting, the Council discussed the need for the Council to clarify the procedure for Councilmembers to add items to future Council Meeting agendas; and
WHEREAS, on April 2, 2024, the City Council appointed an ad hoc subcommittee consisting of Vice Mayor Martha Barragan and Councilmember Ruben Abrica to evaluate and propose potential policies clarifying the agenda setting process for City Council consideration; and WHEREAS, the City Council desires to update the Code of Ethics and Conduct for Elected and Appointed Officials, in light of recommendations made by the ad hoc subcommittee, to clarify the agenda setting process and explain what options a councilmember may have to add an item to a future City Council meeting.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;

2. Adopts the amended Code of Ethics and Conduct for Elected and Appointed Officials, attached hereto as Exhibit A; and
60 Resolution No. XX-2023 2 of 2

3. Find that the proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

PASSED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
61 CONSENT ITEM 3.8

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Senior Engineer
Humza Javed, Public Works Director
SUBJECT: TDA Article 3 Bicycle and Pedestrian Program for the Pulgas Avenue Mini-Roundabout Project
Recommendation
Adopt a resolution requesting the allocation of fiscal year 2023-2024 Transportation Development Act Article 3 Pedestrian and Bicycle Project funding from the Metropolitan Transportation Commission.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Implement the Comprehensive Transportation and Mobility Plan Background
In 2023, the City/County Association of Governments of San Mateo County (C/CAG) released a call for projects for the Transportation Development Act (TDA) Article 3 Program. The program is intended to fund eligible pedestrian and bicycle projects using TDA Article 3 funds, which are derived from Local Transportation funds and the State Transit Assistance fund.

On November 7, 2023, the City Council authorized staff to submit a grant application for the TDA Article 3 program. The City of East Palo Alto prepared an application for improving the existing temporary traffic circles to mini roundabouts at the intersections of Pulgas Avenue and Runnymede Street; and Pulgas Avenue and Beech Street. The project would include pedestrian safety improvements at the two intersections as well as traffic calming measures. Specifically, the project 62 CONSENT ITEM 3.8
would include the installation of ADA-compliant curb ramps, two mini-roundabouts, and striping and signage improvements at both intersections.

Upon review of the grant applications, C/CAG invited applicants to present their specific projects to their Board. The City of East Palo presented its project, and it was well received. On May 9, 2024, the C/CAG Board adopted a resolution approving the project application for $400,000 of funding with a 10% match requirement. Once the City Council passes a Resolution requesting funding allocation, C/CAG will be submitting the funding allocation request to the Metropolitan Transportation Commission (MTC).

Analysis
If awarded, the $400,000 will be used to construct the mini roundabouts and pedestrian improvements at the intersections of Pulgas Avenue and Runnymede Street; and Pulgas Avenue and Beech Street. The $400,000 award requires a 10% minimum match so, if awarded, the City will need to appropriate a match to construction. The total project construction costs are estimated to be $971,911, so the match can go toward the $571,911 of remaining construction costs which the City will need to identify and appropriate.

Design of the project is estimated to be completed in Fall 2024. On March 19, 2024, the City Council authorized the City Manager to negotiate and execute a first amendment to the design contract with ALTA Planning + Design Inc. to prepare the 100% plan, specification and estimate (PS&E) package for the project. Design is estimated to be completed in Fall of 2024. If funded, construction is estimated to begin by the end of 2024.

Fiscal Impact
There is no fiscal impact with this action. A 10% City match will be needed for the $400,000 grant, and it will be requested upon construction contract award.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
Applicability of Levine Act: No.
63 CONSENT ITEM 3.8
Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution with Attachments A and B.
64 Resolution No. XX-2024 1 of 14
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2023-2024 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised, requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of East Palo Alto desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and

2. That the City of East Palo Alto attests to the accuracy of and approves the statements in Attachment A to this resolution; and

3. That there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of East Palo Alto to carry out the project; and

4. That a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the City/County Association of Governments of San Mateo County which functions as the County’s congestion management agency for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

PASSED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:
65 Resolution No. XX-2024 2 of 14
NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
66 Resolution No. XX-2024 3 of 14
Attachment A Resolution Template 2024
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023- 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

Page 1 of 1 ends

1. That the City of East Palo Alto is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of East Palo Alto legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of East Palo Alto has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of East Palo Alto within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of East Palo Alto agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 67 Resolution No. XX-2024 4 of 14
Resolution No. XX page 1 of 2
Attachment B
TDA Article 3 Project Application Form

1. Agency City of East Palo Alto

2. Primary
Contact
Batool Zaro

3. Mailing
Address
1960 Tate Street, East Palo Alto Ca, 94303

4. Email
Address
[email protected] 5. Phone
Number
(650)853-3166

6. Secondary
Contact (in the
event primary is
not available)
Humza Javed

7. Mailing
address (if
different) N/A
☐

8. Email
Address
[email protected] 9. Phone
Number
(650)853-3130

10. Send
allocation
instructions to (if
different from
above):

11. Project
Title
Pulgas Avenue Mini-Roundabout Project

12. Amount
requested
$400,000 13. Fiscal
Year of
Claim
2023-2024

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location:
68 Resolution No. XX-2024 5 of 14
Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community?
Yes⊠ No☐

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No⊠
69 Resolution No. XX-2024 6 of 14

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes⊠ No☐
 9/21/2022 Public Works and Transportation Commission: Agenda - Wednesday, September 21, 2022 (iqm2.com)
 4/19/2023 Public Works and Transportation Commission: Agenda - Wednesday, April 19, 2023 (iqm2.com)
B. Has the project been approved by the claimant's governing body? Yes⊠ No☐
 10/04/2022 City Council approves the temporary installation: Agenda - Tuesday, October 4, 2022 (iqm2.com)
 05/16/2023 City Council approved proceeding with a 30% design of the 30% Pulgas Avenue mini-roundabout plans: Agenda - Tuesday, May 16, 2023 (iqm2.com)
 11/7/2023: 34d928eb-50f3-11ee-ae13-0050569183fa-3408cd31-ecd7- 4429-9d91-65986d552499-1699056748.pdf (d3n9y02raazwpg.cloudfront.net)  3/19/2024 City Council approved proceeding with the 100% PS&E package for the Pulgas Avenue mini-roundabout plans: Agenda - Tuesday, May 16, 2023 (iqm2.com)
C. Has this project previously received TDA Article 3 funding? Yes☐ No⊠
D. For "bikeways," does the project meet Caltrans minimum safety design criteria N/A⊠ Yes☐ No☐
pursuant to Chapter 1000 of the California Highway Design Manual? 70 Resolution No. XX-2024 7 of 14
E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes⊠ No☐
Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No ☐
Cite the basis for the exemption. __________________________ N/A ⊠
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): April 2025 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes⊠ No☐
the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes⊠ No☐
The Complete Streets Checklist is attached.
71 Resolution No. XX-2024 8 of 14
Complete Streets Checklist
Implementation of MTC’s Complete Streets Policy, Resolution 4493, Adopted 3/25/22 Background
Since 2006, MTC’s Complete Streets (CS) Policy has promoted the development of transportation facilities that can be used by all modes. In March 2022, MTC updated its CS policy (Resolution 4493) with the goal of ensuring that people biking, walking, rolling, and taking transit are safely accommodated within the transportation network. This policy works to advance Plan Bay Area 2050 objectives of achieving mode shift, safety, equity, and vehicle miles traveled and greenhouse gas emission reductions, as well as state & local compliance with applicable CS-related laws, policies, and practices, specifically the California Complete Street Act of 2008 (Gov. Code Sections 65040.2 and 65302) and applicable local policies such as the CS resolutions adopted before January 16, 2016 (as part of MTC’s OBAG 2 requirements.) Requirements
MTC’s CS Policy requires that all projects (with a total project cost of $250,000 or more) applying for regional discretionary transportation funding – or requesting regional endorsement or approval through MTC – must submit a Complete Streets Checklist (Checklist) to MTC.

Please note that Projects claiming exceptions to CS Policy must complete the Exceptions section on the Checklist and provide a Department Director-level signature.

Additional information and guidance for completing this Checklist can be found at the MTC Administrative Guidance: Complete Streets Policy Guidance for public agency staff implementing MTC Resolution 4493 at https://mtc.ca.gov/planning/transportation/complete-streets This form may be downloaded at https://mtc.ca.gov/planning/transportation/complete-streets.

Submittal
Completed Checklists must be emailed to [email protected].

PROJECT INFORMATION
Project Name/Title: Pulgas Avenue Mini-Roundabouts Project Project Area/Location(s):

Pulgas Avenue at Runnymede Street and Pulgas Avenue at Beech Street. 72 Resolution No. XX-2024 9 of 14
Attach map if available.

PROJECT DESCRIPTION: (300-word limit)
Please indicate project phase (CON)
The Pulgas Avenue Mini-Roundabout Project is located on Pulgas Avenue at Runnymede and Pulgas Avenue at Beech Street. Both intersections are located in an area considered as the City's "Pulgas Avenue Education Hub", per the City's General plan, due to the multiple schools and associated facilities on or adjacent to the corridor. Both intersections are heavily used by students/parents walking to the schools. The ADT on Pulgas Avenue at Runnymede Street is about 3,400 vehicles and 3,900 vehicles at Beech Street. The total 8-hour peak volume at Beech Street is about 1900 vehicles and 1600 vehicle at Runnymede Street. The improvements include the installation of two miniroundabouts, curb ramps, striping, and signage. The improvements include redesigning the intersection and installing new ADA-compliant ramps and striping/signage improvements. The project details can be found in the 30% plan set in Exhibit D. The City of East Palo Alto is requesting funds for construction.
73 Resolution No. XX-2024 10 of
14 CONTACT INFORMATION
Contact Name & Title:

Batool Zaro, Senior
Engineer
Contact Email:
[email protected]
Contact Phone:
(650)388-8921
Agency: City of East Palo Alto
Topic CS Policy Consideration YES NO Required Description

1. Bicycle,
Pedestrian
and Transit
Planning
Does Project implement relevant
Plans, or other locally adopted
recommendations?
Plan examples include:
 City/County General +
Area Plans
 Bicycle, Pedestrian &
Transit Plan
 Community-Based
Transportation Plan
 ADA Transition Plan
 Station Access Plan
 Short-Range Transit
Plan
 Vision Zero/Systematic
Safety Plan
Vista 2035 East Palo Alto
General Plan, March 2017, 1-
6, 4-3. The area is identified
as an educational hub in this
plan. This specific project
isn't listed in this plan, but
enhancements and
improvements to this area
are recommended.

City of East Palo Alto
Pedestrian Safety
Assessment September
2010, page 53-54. This
specific project is identified
in the City of East Palo Alto
Pedestrian Safety
Assessment.
2017 Bicycle Transportation
Master Plan page 20, 26, 31.

The master plan identifies
the corridor as an
educational hub requiring
improvements.

2. Active
Transportation
Network
Does the project area contain
segments of the regional Active
Transportation (AT) Network?
[See AT Network map on the MTC
Complete Streets webpage.]
Since the street is a “shared
street”, the speeds on the
corridor will be managed
using network tools. In this
case, the tool is the miniroundabouts. The NACTO
guidelines highlight that
implementing tools to
manage vehicle speeds help
shared streets meet the All
Ages & Abilities criteria.
74 Resolution No. XX-2024 11 of
14 3. S A. Is the Project on a
known High Injury Network
(HIN) or has a local traffic
safety analysis found a high
incidence of bicyclist/
pedestrian-involved crashes
within the project area?
In 2010, as part of a
pedestrian safety
assessment, these two
intersections were selected
as candidates for a mini
roundabout installation.

Several traffic calming
measures will be
implemented: curb bulb
outs, the roundabouts, and
striping/signage
improvements.

Both intersections fall within
the local HIN identified in the
Countywide Local Roadway
Safety Plan.

B. Does the project seek
to improve bicyclist and/or
pedestrian conditions? If the
project includes a bikeway,
was a Level of Traffic Stress
(LTS), or similar user
experience analyses
conducted?
The project doesn’t include
the installation of bike lanes;
however, the project aims to
reduce the LTS by
implementing speed
management techniques.

Designing the roundabout
with bicyclists and
pedestrians in mind helps
reduce stress.

4. Transit
Coordination
A. Are there existing
public transit facilities (stop or
station) in the project area?
List transit facilities (stop,
station, or route) and all
affected agencies.

B. Have all potentially
affected transit agencies had
the opportunity to review this
project?
The first phase of this project
included a temporary
installation. As part of the
temporary installation,
affected transit agencies
were notified. In addition,
prior to design finalization,
the stakeholders will be
invited to review and
comment on the plans. The
transit agency was notified
prior to the temporary
installation. The transit
agency was also notified that
75 Resolution No. XX-2024 12 of
14 they will be invited to a
stakeholder meeting during
the design process.

C. Is there a MTC
Mobility Hub within the
project area?

5. Design Does the project meet professional
design standards or guidelines
appropriate for bicycle and/or
pedestrian facilities?
All work is to be designed in
accordance with Caltrans
Design Standards and ADA
Standards.

6. Equity Will Project improve active
transportation in an Equity Priority
Community?
The City of East Palo Alto is a
predominately low-income
community of color who is
disproportionately impacted
by cut-through traffic. The
cut-through traffic results in
an increase in traffic noise,
speeding, and collisions
(Community &
Environmental Defense
Services). Pulgas Avenue is
one of the corridors used by
cut-through drivers and it
falls within the City's "Pugas
Avenue Educational Hub".

Per the MTC Equity Priority
Map, the project is within
the "higher" equity priority
community. Per the
CalEnviroScreen 4.0, the
overall percentage of this
area is 75%.

7. BPAC
Review
Has a local (city or county) Bicycle and
Pedestrian Advisory Commission
(BPAC) reviewed this checklist (or for
OBAG 3, this project)?
The BPAC will receive the
checklists at the March 28,
2024 BPAC meeting.

Statement of Compliance YES
76 Resolution No. XX-2024 13 of
14 The proposed Project complies with California Complete Street Act of 2008 (Gov. Code Sections 65040.2 and 65302, MTC Complete Streets Policy (Reso. 4493), and locally
adopted Complete Streets resolutions (adopted as OBAG 2 (Reso. 4202) requirement, Resolution 4202).

If no, complete Statement of Exception and obtain necessary signature.

Statement of Exception YES Provide Documentation
or Explanation

1. The affected roadway is legally
prohibited for use by bicyclists and/or
pedestrians.

If yes, please cite language
and agency citing
prohibited use.

2. The costs of providing Complete Streets
improvements are excessively
disproportionate to the need or probable
use (defined as more than 20 percent for
Complete Streets elements of the total
project cost).

If claimed, the agency must
include proportionate
alternatives and still
provide safe
accommodation of people
biking, walking and rolling.

3. There is a documented Alternative Plan
to implement Complete Streets and/or on a
nearby parallel route.

Describe Alternative
Plan/Project

4. Conditions exist in which policy
requirements may not be able to be met,
such as fire and safety specifications, spatial
conflicts on the roadway with transit or
environmental concerns, defined as
abutting conservation land or severe
topological constraints.

Describe condition(s) that
prohibit implementation of
CS policy requirements

SIGNATURES / NOTIFICATIONS

TRANSIT
The project sponsor shall communicate and coordinate with all transit agencies with operations affected by the proposed project. If a project includes a transit stop/station, or is located along a transit route, the Checklist must include written documentation (e.g. email) with the affected transit agency(ies) to confirm transit agency coordination and acknowledgement of the project. A CS Checklist Transit Agency Contact List is available for reference.

DEPARTMENT DIRECTOR-LEVEL SIGNATURE FOR EXCEPTIONS
Exceptions must be signed by a Department Director-level agency representative, or their designee, and not the Project Manager. Insert electronic signature or sign below:
77 Resolution No. XX-2024 14 of
14 Full Name:

Title:

Date:

Signature:
78 CONSENT ITEM 3.9

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: City Council Meeting Minutes
Recommendation
Adopt the May 21, 2024, City Council Meeting Minutes.

Attachments

1. May 21, 2024, Minutes.
79 East Palo Alto City Council May 21, 2024, Meeting Minutes 1

EAST PALO ALTO CITY COUNCIL

REGULAR SESSION AGENDA MINUTES
Tuesday, May 21, 2024, 6:30 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The City Council meeting was called to order by Vice Mayor Barragan at 6:31 PM.

Attendee Name Title Status Left Meeting
Antonio Lopez Mayor Remote (left early) 7:58 PM
Martha Barragan Vice Mayor Present
Carlos Romero Councilmember Present
Ruben Abrica Councilmember Present
Lisa Gauthier Councilmember Present

2. APPROVAL OF THE AGENDA
A motion to approve the agenda was made by Councilmember Romero, seconded by Councilmember Gauthier, and passed unanimously.

3. APPROVAL OF CONSENT CALENDAR
A motion to approve the consent calendar was made by Councilmember Romero, seconded by Councilmember Gauthier, and passed unanimously.

3.1 Potential Project List Adoption for Senate Bill 1 (SB1) Road Repair and Accountability Act of 2017

3.2 Authorize the Purchase of One Vehicle for the Planning Division

3.3 New Contract for Development of Affordable Housing Preservation Guidelines and NOFA

3.4 Increase in Purchase Authority with Peninsula Uniforms of Redwood City

3.6 Speed Hump Guidelines Update

3.7 Minutes of the February 6, March 5, and May 7, 2024, Meetings.

4. CLOSED SESSION

4.1 Labor Negotiations (§54957.6)
The following speakers provided public comment on item 4.1:
- Stanley Young
- Jaime Martinez
80 East Palo Alto City Council May 21, 2024, Meeting Minutes 2

5. PUBLIC COMMENT
The following speakers provided public comment:
- Rebecca Duran
- Gail Wilkerson
- Mr. Douglas Hunter
- Dani
- Donna Rutherford
- Court Skinner

6. INFORMATIONAL REPORTS (NONE)

7. SPECIAL PRESENTATIONS (NONE)

8. PUBLIC HEARINGS (NONE)

9. POLICY AND ACTION

9.1 Commission Appointments
City Clerk, James Colin, provided a report on the Commission Appointments and facilitated the interview process for the Rent Stabilization Board, Public Works and Transportation Commission, the Planning Commission, and the Senior Advisory Board.

The Council interviewed each applicant and asked clarifying questions. After the interview process took place, the Council voted for the following applicants:

Rent Stabilization Board:
 Julian Sierra
 Karl Magnus Larsson
 Laura Rubio
 Francisca Guzman
Planning Commission:
 Juan Mendez
 Robert Sherrard
 Javanni Brown-Austin
 Curtis Monette
 Q Smith (alternate)
Public Works and Transportation Commission:
 Mark Dinan
 Stephanie R. Griffin
 Deborah Lewis-Virges
 Martha J. Fomby Reed
 Asiya Patel
 Gail Wilkerson (alternate)
Senior Advisory Committee:
 Q. Smith
81 East Palo Alto City Council May 21, 2024, Meeting Minutes 3

9.2 Pavement Management Plan (PMP) 2024-2028
Public Works Director, Humza Javed, and Batool Zaro, Senior Engineer, provided a presentation on the Pavement Management Plan and answered questions posed by the Council.

A motion to approve item 9.2 was made by Councilmember Gauthier, seconded by Councilmember Romero, and passed unanimously.

10. COUNCIL REPORTS
Councilmember Abrica reminded the Council of the pending protocol for Councilmembers to bring an issue to the Council.

Councilmember Romero asked for clarification on the Juneteenth event. City Manager Gaines confirmed that the event will take place on June 15 at Bell Street Park.

11. ADJOURNMENT
The City Council meeting adjourned at 10:01 PM
82 CONSENT ITEM 3.10

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 4, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana Maria Torres-Mondragon, Human Resources Manager SUBJECT: Approve the Tentative Agreements and Memoranda of Understandings (MOUs) between the City of East Palo Alto and East Palo Alto Management Employees’ Association (MEA/IFTPE Local 21) and Service Employee’s International Union, Local 521 (SEIU) for Fiscal Year (FY) 2024-27
Recommendation
Adopt a resolution approving:

1. The terms of the tentative agreement reached between the City of East Palo Alto and the East Palo Alto Management Employees’ Association (MEA/IFTPE Local 21) and the revised and Memoranda of Understanding (MOU) that reflects those agreements for Fiscal Year (FY) 2024-27;

2. The terms of the tentative agreement reached between the City of East Palo Alto and the East Palo Alto Service Employee’s International Union, Local 521 (SEIU) and the revised and Memoranda of Understanding (MOU) that reflects those agreements for Fiscal Year (FY) 2024- 27;

3. The Cost of Living Adjustments and one-time payment of $2,000 and Revenue Surplus Share outlined in said agreements for Unrepresented Confidential Non-Bargaining Restricted Classifications as follows:
a. Executives (excluding the City Manager and City Attorney) b. Confidential Classifications comparable to SEIU
c. Confidential Classifications comparable to MEA
83 CONSENT ITEM 3.10
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority: Ensure Our Financial and Organizational Health Background
The Management Employees’ Association/IFPTE Local 21 (MEA/IFTPE), represents City management and mid-management employees pursuant to City Resolution No. 48-83 adopted on November 21,1983 for the regular full-time employees assigned to the classes set forth in the Memorandum of Understanding (MOU), except for those employees in confidential positions in those classifications, which are unrepresented, non-bargaining, restricted.

Service Employees International Union Local 521 (SEIU) represents City employees pursuant to the Employer Employee Resolution of the City adopted November 21,1983 for the regular full-time employees assigned to the classes set forth in the Memorandum of Understanding (MOU), except for those employees in confidential positions in those classifications, which are unrepresented, nonbargaining, restricted.

The term of the current side letter for FY 2022-24 Memoranda of Understandings (MOUs) with MEA and SEIU is set to expire on June 30, 2024. Because the MOUs were set to expire, the City Bargaining Team initiated informational meetings in February to increase the likelihood the City and employee unions would come to an agreement by June 30, 2024.

On February 22, 2024, the City hosted an informational meeting with all representatives from all three (3) unions, including the Police Officers Association (POA), to share that the City would evaluate the market dynamics that have occurred since the robust 2020 Classification and Compensation study was completed, and share the updated benchmark cities to which the City compares classification and compensation. The informational meeting helped to ensure productive conversations and more importantly helped prepare the team for bargaining negotiations.

On March 20, 2024, the City Bargaining Team, and representatives of SEIU met and conferred in good faith regarding setting forth the wages, hours and other terms and conditions of employment for the members and, as of today, met approximately fourteen (14) times. On March 21, 2024, the City Bargaining Team and representatives of MEA met and conferred in good faith regarding setting forth the wages, hours and other terms and conditions of employment for the members and, as of today, met approximately nine (9) times.

Analysis
Major components of the Tentative Agreement between the City and the Bargaining Units are provided below and are incorporated into the redline version of the MOUs as noted on Attachment 1
84 CONSENT ITEM 3.10
The table below provides a summary of the provisions and/or changes:

MEA
*Also adding two (2) language cleanups and (2) Appendixes Article Provision Change
21 Contract Term Three (3) Years
(July 1, 2024, to June 30,
2027)
17 Wages COLA (3% each year)
One-time lump sum of $2,000
in first year
Revenue Surplus Cost-Share
in year three
SEIU
*Also adding 11 language cleanups
Article Provision Change
30 Contract Term Three (3) Years
(July 1, 2024, to June 30,
2027)

9.1 Wages COLA (3% each year)
One-time lump sum of $2,000
in first year
Revenue Surplus Cost-Share
in year three
During labor negotiations and when the tentative agreements were reached, the City Bargaining Team, SEIU, and MEA agreed that the cost-of-living adjustment (COLA) for the first year would be effective on the same date for both bargaining units. Staff recommends this because this aligns with meeting the deadline to present to City Council before the end of the fiscal year. This approach to ensure uniformity and fairness in the implementation of the COLA, reflecting our commitment to equitable treatment.

The MOUs between the City of East Palo Alto and SEIU and between the City of East Palo Alto and MEA are competitive agreements that reflect the City’s desire to address challenging current and forward wage parity issues and includes a compensation package that will not only attract new talent but also retain existing employees.

Unrepresented Employees
The City Manager recommends extending the same COLA adjustment, one-time lump sum payment, and the vacation pay-out modification as SEIU/MEA may receive to the unrepresented employees, excluding the City Manager and City Attorney.
85 CONSENT ITEM 3.10
The purpose of this staff report is to obtain City Council approval of wage, benefits, and language cleanup for represented and unrepresented staff.

Fiscal Impact
There is no budget amendment needed by this action. The cost associated with this action will be included in the future years budget.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
a. Exhibit A: MEA Signed Tentative Agreement
b. Exhibit B: SEIU Signed Tentative Agreement Pt1
c. Exhibit C: SEIU Signed Tentative Agreement Pt2
d. Exhibit D: Memorandum of Understanding SEIU Redline
e. Exhibit E: Memorandum of Understanding SEIU Clean Version f. Exhibit F: Memorandum of Understanding MEA Redline
g. Exhibit G: Memorandum of Understanding MEA Clean Version 86 Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING THE TENTATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING (MOUS) BETWEEN THE CITY OF EAST PALO ALTO AND THE MANAGEMENT EMPLOYEES’ ASSOCIATION/IFPTE LOCAL 521 (MEA/IFPTE), SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521 (SEIU) FOR FISCAL YEAR 2024-27, AND COST OF LIVING ADJUSTMENTS, A ONE-TIME $2,000 AND REVENUE SHARING FOR CERTAIN

UNREPRESENTED CONFIDENTIAL NON-BARGAINING RESTRICTED CLASSIFICATIONS WHEREAS, the Management Employees’ Association/IFPTE Local 21 (MEA/IFTPE), represents City management and mid-management employees pursuant to City Resolution No. 48-83 adopted on November 21,1983 for the regular full-time employees assigned to the classes set forth in the Memorandum of Understanding (MOU), except for those employees in confidential positions in those classifications, which are unrepresented, non-bargaining, restricted; and WHEREAS, the Service Employees International Union Local 521 (SEIU) represents City employees pursuant to the Employer Employee Resolution of the City adopted November 21,1983 for the regular full-time employees assigned to the classes set forth in the Memorandum of Understanding (MOU), except for those employees in confidential positions in those classifications, which are unrepresented, non-bargaining, restricted; and
WHEREAS, the term of the current side letter for FY 2022-24 Memoranda of Understandings (MOUs) with MEA and SEIU is set to expire on June 30, 2024. Because the MOUs were set to expire, the City Bargaining Team initiated informational meetings in February to increase the likelihood the City and employee unions would come to an agreement by June 30, 2024; and WHEREAS, during labor negotiations and when the tentative agreements were reached, the City Bargaining Team, SEIU, and MEA agreed that the cost-of-living adjustment (COLA) for the first year would be effective on the same date for both bargaining units, and this approach would ensure uniformity and fairness in the implementation of the COLA, reflecting our commitment to equitable treatment; and
WHEREAS, the City Manager recommends extending the same COLA adjustment, one-time lump sum payment, and the vacation pay-out modification as SEIU/MEA may receive to the unrepresented employees, excluding the City Manager and City Attorney.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Approves the terms of the collective bargaining agreement reached between the City of East Palo Alto and the East Palo Alto Management Employees’ Association (MEA/IFTPE Local 21) and the revised and Memoranda of Understanding (MOU) that reflects those agreements for Fiscal Year (FY) 2024-27;

2. Approves the terms of the collective bargaining agreement reached between the City of East Palo Alto and the East Palo Alto Service Employee’s International Union, Local 521 (SEIU) and the revised and Memoranda of Understanding (MOU) that reflects those agreements for Fiscal Year (FY) 2024- 27.
87 Resolution No. XX-2023 2 of 2

3. Approves Cost of Living Adjustments and one-time payment of $2,000 and Revenue Surplus Share outlined in said for Unrepresented Confidential Non-Bargaining Restricted Classifications as follows:
a. Executives (excluding the City Manager and City Attorney) b. Confidential Classifications comparable to SEIU
c. Confidential Classifications comparable to MEA
PASSED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
88 City/MEA Negotiations 2024
City of East Palo Alto proposal to MEA
Distributed May 22, 2024
Proposal Wages - Last, Best, and Final
T/A Date: 5/22/24 City Representative:_______________ MEA Representative:_______________ Brenna Rowe Stanley Young
ARTICLE 21: Contract Term
The term of the MOU shall be from July 1, 2024, to June 30, 2027, equivalent to three years.

Me too clause:

If during the term of this contract, SEIU 521 reaches an agreement with the City for wages, benefits, and/or contractual enhancements above and beyond the terms of this agreement, the City will apply those enhancements to all MEA/IFTPE local 21 bargaining unit employees.

ARTICLE 17: Wages
(Replace current subsections A and B)
A. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll that includes the adoption of this agreement by City Council, anticipated to be the pay period starting May 26, 2024.
a. Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following adoption of this agreement by City Council.

B. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following July 1, 2025.

C. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following July 1, 2026.
a. Revenue Surplus Cost-Share:
i. "If change in fund balance on audited General Fund financial statement exceeds $650,000, each MEA bargaining unit member employed at the time will receive a 1% lump sum bonus.
ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, each MEA bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%)." Clean up language, no impact changes:

ARTICLE 7.3: Benefits (incorporate from side-letter)
The City shall make a semi-monthly contribution of $83.33 toward an HSA for employees that enroll in Kaiser Permanente HSA high deductible plan. Equivalent to approximately $2,000 annually.

City of East Palo Alto

Page 1 of 2 ends

DocuSign Envelope ID: F8EC3DFF-339B-4B27-9753-744C308EC474 7879
City/MEA Negotiations 2024
ARTICLE 7.3.1: Holidays
Clean up to match the observed holidays the City is currently recognizing.

Appendix A: Management Bargaining Unit
Clean up job titles to match the revised job titles currently in use at the City.

Appendix B: Basic Life Insurance Policy
Clean up job titles to match the revised job titles currently in use at the City.

Table of Contents to be added
City of East Palo Alto

Page 2 of 2 ends

DocuSign Envelope ID: F8EC3DFF-339B-4B27-9753-744C308EC474 78890
City/SEIU Negotiations 2024
City of East Palo Alto proposal to SEIU
Distributed May 15, 2024
Tentative Agreements
For SEIU:_______________________ For the City:_____________________ Guadalupe Rosas Brenna Rowe
ARTICLE 11.2: Overtime
Overtime is to be paid after forty (40) hours worked in one (1) work week. Overtime is paid at the rate of one and one-half times the employee’s regular rate for Fair Labor Standards Act (“FLSA”) purposes.

The City will compute the regular rate, including standby pay, in accordance with the FLSA. Employees may be compensated with Compensatory Time Off (CTO) at the rate of one and one-half hours per hour worked.

However, employees may not accrue a CTO balance of more than fifty eighty (50 80) hours.

ARTICLE 11.3: Call Back
Workers who are called back after leaving work at the end of a normal working day shall be paid a minimum of three (3) hours at the applicable overtime rate per section 11.2 (Overtime). If the employee works more than three hours during a call back, the employee shall be paid for his or her actual time worked.

ARTICLE 13: BILINGUAL EXAMINATION AND DIFFERENTIAL

13.3 Examination Process
The City shall establish a test for Bilingual Differential. This test shall include a written and verbal certification, including translation, given by an individual or entity designated by the City. The Human Resources Department shall be responsible for overseeing the administration of the test and certifying test results.

Eligible bargaining unit members may request to take the Bilingual Differential test by submitting a request in writing to the Human Resources Department. Within thirty (30) days of receiving such a request, the Human Resources Department shall decide, in its sole discretion, whether the employee is eligible for Bilingual Differential based on whether bilingual skills are essential to successful performance of the employee’s assigned job duties and shall issue notice of its decision to the employee. The decision of the Human Resources Department to arrange for testing shall be final.

If the Human Resources Department approves an employee’s request for bilingual testing, the Department shall arrange for testing to be completed within thirty (30) days of the approval. The City will pay for the initial test. The City will also pay for one retest.

ARTICLE 16.7: Personal Business Leave:

A. Permanent (non-probationary) employees shall be entitled to a maximum of three (3) days DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78291
per calendar year for Personal Business Leave without loss of pay. Such leave shall be deducted from accrued sick leave. Personal Business Leave can be taken in two (2) hour half day increments at a time.

B. Personal Business is defined as business of urgent and compelling importance which cannot be taken care of outside of normal working hours and which is not covered under leave provisions of this Memorandum of Understanding.

C. A worker shall notify the division/department head two (2) days before taking this leave, unless an emergency exists which prohibits the worker from providing such advance notice.

D. Personal Business Leave may only be used for personal business of urgent and compelling importance, and may not be used for recreational purposes, extension of holidays or vacation, work stoppages, or for matters of purely personal convenience.

E. At the discretion of the supervisor, a worker may also use vacation, compensatory time off to cover absences of an emergency nature. No request shall be unreasonably denied.

ARTICLE 20: Benefits (carry over from Side Letter)
Continuing from January 2024 and incorporated in the MOU starting July 2024, the City will make a semi-monthly contribution of $68.18 83.33 toward an HSA for employees that enroll in Kaiser Permanente HSA high deductible plan. Equivalent to approximately $2,000 annually.

ARTICLE 22: State Disability and Life Insurance
Effective July 1, 2007, bargaining unit employees shall be enrolled in the State Disability Insurance (SDI) system administered by the California Employment Development Department. Coverage shall be limited to the “State Plan” and shall not include any additional Voluntary plan design. SDI premiums shall be 100% employee-paid on an after-tax basis.

Payment shall be made by mandatory payroll deduction for every bargaining unit employee.

Bargaining Unit employees may elect to supplement their State Disability Insurance (SDI) benefits by integrating accrued leave (vacation, sick leave or compensatory time off). It is understood that the combined SDI benefit and use of leave credits cannot exceed the employee’s regular monthly net pay.

Employees under this bargaining unit are provided by the City with a group life insurance policy of $25,000. Should a change to the covered amount be made outside of the MOU negotiations process, both sides agree to implement change through the use of a side letter through the meet and confer process.

ARTICLE 23: Reclassification
A. When necessary, the Union may request that the City Human Resources Division reclassify bargaining unit positions. These requests shall be made in writing and shall indicate the position’s current classification, the proposed reclassification, and a detailed statement of the reasons that the reclassification is appropriate. The Human Resources Manager or designee Division shall respond to the reclassification requests in writing not later than three (3) months after the submission of the DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78392
request, unless this deadline is mutually extended by the parties. The Human Resources Manager or designee will meet with the Union and each incumbent employee during the process.

B. In the event, the Human Resources Manager or designee Division determines that the reclassification is not appropriate, the Union may appeal the decision to the City Manager in writing, not later than ten (10) calendar days after the date of the Human Resources Manager or designee’s Division’s decision. The City Manager shall render a decision within ten (10) calendar days of the appeal. The decision of the City Manager shall be final. This section is not subject to the grievance procedure.

C. Reclassifications will be effective either the date of the Human Resources Manager or designee’s Division decision or three (3) months after the submission of the request, whichever is earlier.

D. Employees who are reclassified through the City’s reclassification process to a higher classification will not be subject to the probationary period.

ARTICLE 14.1: Uniforms
The City may require bargaining unit employees to wear uniforms. Except as provided herein, bargaining group employees who are required to wear uniforms, rain gear, or safety gear will be provided with the appropriate uniform items. The City shall continue to provide laundry service for uniforms provided to the Maintenance Workers I/II and III.

So long as uniforms are required, the City shall provide the initial three (3) shirts, two pants, boots, jacket, belt and nameplate for the Environmental Services Aide, Community Services Officer and Code Enforcement Officer Neighborhood Preservation Officer I/II, and Building Inspector/ Neighborhood Preservation Officer I/II Classifications who are required to wear uniforms and shall pay $175 every six months for the care and replacement of City-required uniforms. Newly hired or newly eligible employees will be prorated on a monthly rate for this allowance. For employees who already received additional City provided shirts, the City will provide the net difference of the shirts provided to new employees.

So long as uniforms are required, the City shall provide the initial five (5) uniform shirts for Police Records Clerks I/II and Property and Evidence Technician, if required to wear uniforms, and shall pay $175 every six months for the care and replacement of City-required uniforms. For employees who already received additional City provided shirts, the City will provide the net difference of the shirts provided to new employees. Newly hired or newly eligible employees will be prorated on a monthly rate for this allowance.

In the event, the City ceases to require uniforms or begins to provide uniforms for any of these classifications, the uniform allowance shall cease.

DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78493
City-provided uniforms and equipment are to be used for City business only. In the event, an employee damages, destroys, or loses City-provided equipment or uniform while the equipment or uniform is being used for non-City business, the employee will reimburse the City for the repair or replacement cost of the item and may be subject to discipline.

In the event an employee's uniform is damaged and/or worn, and/or unsafe as determined by the City, the employee may request that damaged uniform be replaced provided:

A. The division head/manager concludes the uniform is damaged and needs to be replaced.

B. The employee furnishes proof of purchase for the damaged uniform. Purchase shall have been within the current fiscal year.

C. The employee has fully expended the uniform allowance. If not fully expended, the employee must use the balance of his/her allowance for the purchase of a replacement uniform. Requests for replacement shall be made to the City in writing on a City provided form. The City shall normally respond to such requests within five (5) working days. Denials may be appealed to the Human Resources Manager in writing within five (5) working days. The decision of the Human Resources Manager is final and shall not be appealed. Denials of replacement equipment shall not be subject to the grievance procedure.

ARTICLE 14.2: Boots
Employees represented by this bargaining group who are required to wear protective footwear will be reimbursed up to $250 per year for the purchase of safety boots approved by OSHA/ASTM, orthopedic insoles, and ergonomic support inserts.

ARTICLE 27: Labor Management Committee

1. Purpose: A labor/management Committee shall be created. The purpose of the Committee shall be to examine labor-management issues. The committee shall also monitor labor-management issues that have not yet risen to the level of grievances.

2. Composition: The Committee will be composed of the HRAssistant City Manager or designee, up to two (2) management representatives, the Local 521 staff person, and up to three (3) Local 521 members.

3. Meeting Schedule: The Committee will commence meeting after ratification of the Agreement. The Committee will meet at least quarterly bi-monthly during the term of the agreement with both parties being considerate of when not in bargaining or meeting for and benefits committee commitments.

2. An agenda will be shared at least 48 hours prior to the meeting. A follow up meeting may be scheduled within two (2) weeks30 days if all items on the agenda are not discussed (ex. Not enough time was allotted) subject to availability of both parties.

ARTICLE 8 PERSONNEL ACTIONS (NEW):

8.5 Promotion in a “flex” Position
DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78594
Employees under “flex” positions (assistant/associate or I/II), may request a review of their current job duties and qualifications for consideration to move to the higher level within the classification, so long as the employee has been in Step E of the lower title for a minimum of 15 months and is meeting expectations according to the prior Employee Performance Report and is not currently subject to any disciplinary or performance improvement plan and is performing the full scope of their current role and meets the minimum qualifications of the higher level classification.

Employees can formally request a review of their classification with the HR Division. The HR Department Division shall review petitions and render a determination within 90 days of petition receipt. The HR Division will include input from the department head regarding to ensure there is a need and support of the moving of the employee to the higher level classification.

SEIU flex positions:

Accountant I/II
Accounting Technician I/II
Assistant/ Associate Engineer
Assistant/ Associate Planner
Building Inspector I/II
Building Inspector/ Neighborhood Preservation Officer I/II Maintenance Worker I/II
Neighborhood Preservation Officer I/II
Police Records Clerk 1/11
Rent Stabilization Program Coordinator I/II
Secretary I/II
DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78695
City/SEIU Negotiations 2024
SEIU Local 521 counter proposal to City of East Palo Alto Distributed May 22, 2024 Option A
Tentative Agreements
For SEIU:______________________ For the City:_____________________ Guadalupe Rosas Brenna Rowe
ARTICLE 30: Contract Term
The term of the MOU shall be from July 1, 2024 to June 30, 2027 equivalent to three years.

ARTICLE 9.1: Wages
(Replace current subsections i and ii)
i. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll immediately following adoption of this agreement by City Council. a. Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following adoption of this agreement by City Council. ii. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following June 29, 2025.
iii. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following June 28th, 2026.
a. Revenue Surplus Cost-Share in 3rd year:
i. If change in fund balance on audited General Fund financial statement exceeds $650,000 in fiscal year 26/27, each SEIU bargaining unit member employed at the time will receive a 1% lump sum bonus.
ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, each SEIU bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%). iii. Revenue Surplus Cost-Share milestones will be determined in December 2026 and be paid to members of this unit on January 1st, 2027. iv. If during the term of this contract, MEA or POA reaches an agreement with the City for wages, benefits, and/or contractual enhancements above and beyond the terms of this agreement, the City will apply those enhancements to all SEIU local 521 bargaining unit employees. The cost of all economic items will be considered when evaluating enhancements in other units.

ARTICLE 5: LAYOFFS

5.1 Definition of Layoff
Layoff is defined as the separation of employees from the active work force due to lack of work or funds, organizational or duty changes, or the abolition of positions by the Council. The City Manager shall designate the number and dispositions for layoff as approved by the Council.

DocuSign Envelope ID: 7BB9228E-00BF-4B67-B1A2-60D03DF1C773 78096

5.2 Order of Layoff
Layoff shall be based on seniority in class, which shall be defined as the employee's total continuous time of permanent and probationary employment in the class in which employed. In the event two (2) employees have identical seniority, the employee who applied first shall have precedence. No probationary or permanent employee shall be laid off while any before any temporary employee(s). The Human Resources Department shall provide seniority lists before layoff notices are prepared.

5.3 Notice to Employees
Permanent and probationary employees shall receive written notice (to be hand-delivered in a formal meeting by the department management whenever possible) stating the reason for layoff a minimum of thirty (30) calendar days prior to the date of expected layoff. Similar notice shall be provided to the affected recognized employee organization representing the classes. With such notice, the employee shall be informed of the procedure to be followed and the rights to which he/she is entitled. The Department shall make every effort to allow employees who are to be laid off reasonable time to seek other employment. Pay for such time off shall be provided to full-time permanent and probationary employees only.

5.4 Displacement Rights
A full-time permanent or probationary employee who is laid off from his/her classification shall be entitled to displace another employee with less seniority in an equal or lower paying classification within the representation unit for which he/she meets the minimum qualifications and in which he/she has held prior permanent status. To successfully displace another employee, an employee must be fully qualified, trained, and capable of performing all work in the new classification. Permanent part-time employees may displace only other permanent part-time employees. When minimum qualifications have increased, the Personnel Officer may temporarily waive the increased requirements if previous successful performance is documented, and provided the requirements are met within a reasonable time.

5.5 Reemployment
Permanent and probationary employees who are laid off, demoted, or who have exercised employment rights set forth in this Rule in lieu of layoff shall have their names placed on reemployment lists for the classification from which laid off and any classifications previously held in order of total continuous time served in probationary and permanent status in the City Service.

Where language of this section is silent, the City Personnel Policies and Procedures will be referenced.

SEIU withdraws changes to tuition reimbursement language made during these negotiations.

DocuSign Envelope ID: 7BB9228E-00BF-4B67-B1A2-60D03DF1C773 78197

THE CITY OF EAST PALO ALTO
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, (SEIU - LOCAL 521) July 1, 2024- June 30, 2027, Equivalent to Three (3) Years

PREAMBLE
This Memorandum of Understanding is entered into by and between the City of East Palo Alto, hereafter referred to as “City”, acting through its negotiator, and employees in the miscellaneous unit of the of the City as represented by Service Employees International Union (SEIU), Local 521, hereafter referred to as “Union”, pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500-35100). Pursuant to Federal and California law, the City and Union have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours, and other terms and conditions of employment for the term of this agreement. It is the intent of the Parties to set forth herein their entire agreement covering rates of pay, wages, working hours, and other conditions of employment and to provide for prompt and fair settlement of grievances without interruption or other interference with the normal operations of the City.

This Agreement constitutes a mutual understanding between the parties of those wages, hours and conditions of employment, which are to be in effect during the period of the Agreement.

Both parties have mutually agreed that their objective is for the good of the City of East Palo Alto and Union members alike. Both parties agree further that, in the interest of collective bargaining and harmonious relations, they will, at all times, abide by the terms and conditions as hereinafter set forth.

Unless separately identified in another provision of this Agreement, any notification given pursuant to the terms of this agreement shall be sent to the following:

For the City: For SEIU, Local 521:

City Manager Internal Organizer
City of East Palo Alto Service Employees International Union EPA Government Center SEIU, Local 521
2415 University Avenue 2302 Zanker Rd
East Palo Alto, CA 94303 San Jose, CA 95131
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PREAMBLE ........................................................................................................................................................................... 1 ARTICLE 1: RECOGNITION .................................................................................................................................................... 3 ARTICLE 2: NON-DISCRIMINATION....................................................................................................................................... 3 ARTICLE 3: UNION SECURITY ............................................................................................................................................... 4 ARTICLE 4: RIGHTS OF PARTIES............................................................................................................................................ 4 ARTICLE 5: LAYOFF ............................................................................................................................................................... 7 ARTICLE 6: FURLOUGH ......................................................................................................................................................... 8 ARTICLE 7: CONTRACTING OUT............................................................................................................................................ 8 ARTICLE 8: PERSONNEL ACTIONS.......................................................................................................................................... 8 ARTICLE 9: WAGES ............................................................................................................................................................. 10 ARTICLE 10: HIGHER CLASS PAY.......................................................................................................................................... 10 ARTICLE 11: HOURS OF WORK............................................................................................................................................ 11 ARTICLE 12: ROTATION OF OVERTIME AND CALLBACK ....................................................................................................... 13 ARTICLE 13: BILINGUAL EXAMINATION AND DIFFERENTIAL................................................................................................ 13 ARTICLE 14: UNIFORM BOOTS AND LICENSES..................................................................................................................... 14 ARTICLE 15: HOLIDAYS ....................................................................................................................................................... 15 ARTICLE 16: LEAVE PROVISIONS. ........................................................................................................................................ 16 ARTICLE 17: RETIREMENT ................................................................................................................................................... 21 ARTICLE 18: GRIEVANCE PROCEDURE................................................................................................................................. 21 ARTICLE 19: DISCIPLINE ...................................................................................................................................................... 25 ARTICLE 20: MEDICAL INSURANCE...................................................................................................................................... 27 ARTICLE 21: DENTAL INSURANCE........................................................................................................................................ 28 ARTICLE 22. STATE DISABILITY INSURANCE........................................................................................................................ 28 ARTICLE 23: RECLASSIFICATION .......................................................................................................................................... 28 ARTICLE 24: POSITION RECRUITMENT ................................................................................................................................ 29 ARTICLE 25: TRAVEL EXPENSES........................................................................................................................................... 30 ARTICLE 26: TUITION REIMBURSEMENT ............................................................................................................................. 30 ARTICLE 27: LABOR-MANAGEMENT COMMITTEE ............................................................................................................... 30 ARTICLE 28: LICENSES AND CERTIFICATES........................................................................................................................... 31 ARTICLE 29: TELEWORKING ............................................................................................................................................... 31 ARTICLE 30: REPAYMENT AUTHORIZATION ........................................................................................................................ 31 ARTICLE 31: SAVINGS CLAUSE ............................................................................................................................................ 31 ARTICLE 32: TERM .............................................................................................................................................................. 32 ARTICLE 33: AUTOMATIC PAYROLL DEPOSIT ...................................................................................................................... 32 99

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3 ARTICLE 1: RECOGNITION
Union Recognition
The Association has been recognized as an Employee Organization pursuant to the Employer-Employee Resolution of the City adopted November 21, 1983 for the regular fulltime employees assigned to the classes set forth in Appendix A.

This unit of employees shall, for the purpose of identification, be titled the Miscellaneous Unit.

Pursuant to Section 3500-3510 of the Government Code of the State of California, the City recognizes SEIU, Local 521 as the exclusive bargaining agent for the purpose of establishing salaries, wages, hours, and other conditions of employment for all regular full-time (regularly scheduled at 40 hours or more per week) and part-time (scheduled at more than 999 hours per year) miscellaneous employees in the City, but excluding all seasonal, casual, irregular part-time (those working less than 999 hours per year), sworn and supervisory / management or confidential employees. Pursuant to the language in the MOU, this list can be amended from time to time.

1.1 Establishment of New Positions
The City will provide reasonable advance written notice to the Union prior to establishing any new classifications appropriate to the SEIU unit. Upon written request from SEIU prior to the establishment of the classification by the City Council, the City shall meet and confer regarding the job description and salary range for the new position.

1.2 Job Descriptions
The City will make Job Descriptions for all filled bargaining unit positions available to the Union upon request and will provide the Union with drafts of revised job descriptions before approval by the City Manager. Upon request, the City will meet and confer with the Union over changes in job descriptions for bargaining unit members prior to approval by the City Manager.

ARTICLE 2: NON-DISCRIMINATION

2.1 Non-Discrimination
The provisions of this Memorandum of Understanding (MOU) be applied equally to all employees covered hereby without unlawful discrimination because of race, religious creed or political opinion or affiliation or legitimate union activity, color, national origin, age, ancestry, physical and or/mental disability (including HIV and AIDS), medical condition, genetic information, marital status, sex (including childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, or military and/or veteran status, against any employee or applicant for employment by the Union or by the City or by anyone employed by the City; and to the extent prohibited by applicable state and federal law.
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ARTICLE 3: UNION SECURITY

3.1 An employee may at any time execute a payroll deduction authorization form (“Deduction Authorization Form”) as furnished by SEIU, Local 521. SEIU, Local 521 will be the custodian of record for Deduction Authorization Forms and will provide the City with a written certification that it has and will maintain a Deduction Authorization Form, signed by each individual from whose salary or wages the deduction or reduction is to be made (“Certified List”).

The City will direct employee requests to authorize deduction(s), or requests to cancel or change status regarding such deduction(s), to SEIU, Local 521. SEIU, Local 521 shall not be required to provide the City a copy of the Deduction Authorization Form unless a dispute arises about the existence or terms of the authorization. However, SEIU, Local 521 will provide the City with a Certified List with sufficient information to allow the City to identify the appropriate level of deduction for each member.

The City will begin deductions in the amount prescribed by SEIU, Local 521 in the first full payroll period after receipt of the Deduction Authorization Form from SEIU, Local 521.

Deductions may be revoked only pursuant to the terms of the member’s written authorization.

The City shall direct member requests to cancel or change deductions to SEIU, Local 521 and shall rely on information provided by SEIU, Local 521 regarding whether deductions for a member were properly canceled or changed. However, the parties agree that the City shall automatically cease deductions for any member who is no longer employed in a classification represented by SEIU, Local 521.

Consistent with state law, SEIU, Local 521 shall indemnify and save harmless the City, its officers and employees, for (1) any claims made by an employee for deductions made in reliance on SEIU, Local 521’s Certified List or a Deduction Authorization Form and (2) any claims made by an employee for deductions made in reliance on information provided by SEIU, Local 521 regarding changes or cancellations to the deduction authorization.

The City believes the following information currently is exempt from disclosure under the Public Records Act and will not disclose it pursuant to a request under that Act unless the City determines that at the time of the request the law clearly requires disclosure: employee non-work addresses, personal phone numbers, or personal e-mail addresses.

ARTICLE 4: RIGHTS OF PARTIES

4.1 Management Rights
The City hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws of the Constitution of the State of California and of the United States, including but not limited to the generality of the foregoing, the right:
a. To set standards and levels of service;
b. To determine the procedures and standards of selection for employment and promotions;
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5 c. To direct its workers;
d. To determine the methods and means to relieve its workers from duty because of lack of funds or other lawful reasons;
e. To determine the methods, means, numbers and kinds of personnel by which City operations are to be conducted;
f. To determine the methods of financing;
g. To determine the size and composition of the work force and allocate and assign work by which the City operations will be conducted;
h. To determine and change the number of locations, relocation and type of operations, processes and materials to be used in carrying out all City functions; i. To establish employee performance standards including, but not limited, quality and standards, and to require compliance therewith;
j. To take necessary actions to carry out its mission in emergencies; k. To exercise complete control and discretion over its organization and the technology of performing its work;
l. To take any and all steps necessary to discharge the City's responsibilities to provide for the safety of the public it serves and to provide employees with a safe working environment; provided, however, nothing herein shall preclude the Union from providing input, consulting and/or meeting and conferring with the City as required by law on such safety issues so long as such actions do not prevent the City from discharging these responsibilities;
m. The exercise of the foregoing powers, rights, authorities, duties, and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this memorandum and then only to the extent such express terms hereof are in conformance with the Constitution and laws of the United States and the Constitution of the State of California; and
n. The exercise by the City through its City Council and management representatives of its rights hereunder shall not in any way, directly or indirectly, be subject to any grievance procedure nor subject to meeting and conferring.

4.2 Employee Rights
Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. Employees also have the right not to participate in the activities of any employee organization.

Neither the City nor SEIU shall interfere with, intimidate, restrain, coerce, unduly influence or discriminate against any bargaining unit member because of his/her exercise of these rights.
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4.3 Union Rights
A. Union Access
A qualified representation of the union shall be allowed to visit City work locations for the purpose of ascertaining, whether or not this Agreement is being observed. The right shall be exercised reasonably. The qualified representative shall report to management before proceeding to any work locations that are not open to the public. The representative shall not meet with employees during work time (not including breaks) and shall not interfere with the normal conduct of work. Activities such as solicitation of membership, collection of dues, holding membership meetings, campaigning for office, conducting elections and distributing literature is strictly prohibited during working hours without prior approval of the City Manager or his/her designee.

B. Notification to the Union
The City will comply with all conditions established by the Meyer, Milias, Brown Act.

C. Bulletin Boards
Posting of information on City premises shall be limited to approved bulletin boards. Adequate space shall be made available to the Union for posting information on approved bulletin boards, provided the posted material is not derogatory to the City, employees of the City, or other employee organizations, and does not support or oppose candidates for public office or ballot issues. The City agrees it will not attempt to censor language and/or articles contained in the official SEIU newsletter for the City of East Palo Alto.

D. Release Time

1. The Union shall be limited to no more than one steward for every seven (7) members of the unit. However, Union may identify alternate stewards. Each alternate steward shall share the three (3) hours of release time with the primary steward for which they are the alternate. The Union shall provide the City with a list of all the primary and alternate stewards, including work assignment and contact information.

2. Stewards shall be allowed no more than three (3) hours per month of release time to represent workers in meetings related to grievances, to investigate grievances, to orient new employees, and to meet with management to discuss Union activities. The monthly allotment of hours provided for stewards cannot be transferred or accumulated from month to month.

3. Release time must be pre-approved and is at the discretion of the City designated supervisor but shall not be unreasonably denied. Moreover, release time will not be given if it will create a need for overtime.

4. A Steward who is released by a supervisor to investigate a grievance or to meet with City officials shall return promptly to his/her regularly assigned duties.

5. Only one Steward shall be relieved from assigned work duties for any given matter.

E. List of Employees
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On a quarterly basis, the City will provide the Union with a unit list including name, classification, and department. Upon adoption of this Agreement, the City shall distribute to all bargaining unit employees an “Address and Telephone Release Form,” which shall permit each employee to authorize the City to release his or her mailing address and contact telephone number to SEIU.

Each new employee hired subsequent to adoption of this agreement, shall be given a copy of the “Address and Telephone Release Form.” Upon receipt of an “Address and Telephone Release Form” from an employee, the City shall release to the union that employee’s last known mailing address and contact telephone number. The City shall develop a new “Change of Address” form that permits employees to release change of address information to SEIU. Upon receipt of a Change of Address form authorizing such release of information, the City shall provide a copy of the Change of Address form to SEIU.

F. Bargaining Team
Subject to the City’s operational needs, the City shall allow four (4) SEIU Bargaining Team members reasonable time from work to attend required bargaining meetings during negotiations over a successor MOU. Additionally, negotiators will normally be granted one-half hour caucus time before, exclusive of travel to and from their worksite to the negotiations site. Reasonable requests for additional prep time will be granted. Should a conflict arise between negotiations and City business, the City will notify SEIU immediately and the parties will work to resolve scheduling issues. The City will not reimburse bargaining unit team members for time spent bargaining outside of normal work hours.

G. New Worker Orientation
The City will give new bargaining unit members contact information for the Union and any relevant materials (including the MOU) provided by the Union. The City will allow each new bargaining unit member thirty (30) minutes of release time to meet with a local union representative. This time must be used during the member’s first pay period of employment with the City. The City will give the Union at least one-week advance notice of a new employee being hired. The City shall grant release time to at least one appointed Union member to conduct the new worker orientation.

4.4 Use of City Facilities
The parties agree that work time is for work. Therefore, union meetings and other union activities shall not occur during participating employees’ work time. Union meetings may occur on participating employees’ non-work time in City-controlled public meeting facilities. However, the Union shall limit its use of City facilities to comply with City Policy, Rules, and Regulations.

The Union shall procure prior City approval for the use of such facilities and shall schedule the use of City facilities according to City procedure.

ARTICLE 5: LAYOFF

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ARTICLE 6: FURLOUGH
The City agreed to no mandatory furloughs for the term of this contract.

ARTICLE 7: CONTRACTING OUT

7.1. The parties have a shared interest in eliminating unnecessary consulting contracts and hiring permanent employees to perform the work of the City. Conditioned upon having available funds, the City will make every effort to recruit and fill all authorized positions which belong to the bargaining unit. The City will retain the right as to how services will be delivered to the citizens of East Palo Alto.

7.2. Notification to the Union
Whenever possible, the City agrees to notify the Union ninety (90) days in advance of contracting out work that results in or is the result of the elimination or non-filling a bargaining unit position and will negotiate with the Union regarding the effects of the contracting out on remaining bargaining unit members. In the event the City is moving forward with such a contract in a timeframe shorter than ninety (90) days prior to contracting out work that results in or is the result of the elimination or non-filing a bargaining unit position, the City will notify the Union as soon as possible.

7.3. Recruitment
This provision shall not apply in situations where the City is preparing for or holding a 105

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recruitment for a bargaining unit employee to perform the work or where a recruitment has been unsuccessful in filling the unit position the last twelve (12) months.

However, if a recruitment is unsuccessful, the City will run a new recruitment within twelve (12) months after the contracting out of work.

7.4. List of Vendors
The City will provide SEIU with a list of active Purchase Orders twice a year.

ARTICLE 8: PERSONNEL ACTIONS

8.1 Personnel Actions
The parties agree to abide by the City's personnel rules, in regards to personnel actions as detailed in Personnel Policies and Procedures Sections 3.3.01 through 3.3.03; 3.7.07 through 3.7.13.

8.2 Personnel Files
A. An employee may review his/her own personnel file (with the exception of investigative data pertaining to a possible criminal offense and letter of reference) when Human Resources Office staff are available. The employee may also, by 106

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his/her written authorization, permit his/her representative to review his/her file under the supervision of Human Resources Office staff.

B. Within ten (10) calendar days after the City notifies an employee of the placement of allegedly derogatory or erroneous materials in his or her personnel file, the employee may prepare a written response to the derogatory or erroneous materials. Any such response shall be placed in the employee’s personnel file.

C. Likewise, within ten (10) calendar days after the City notifies an employee of the placement of allegedly derogatory or erroneous materials in his or her personnel file, the employee may request in writing that the Human Resources Manager remove said materials. The Human Resources Manager shall render a decision in writing within ten (10) business days after the employees’ request.

D. This section shall not apply to performance evaluations. If an employee’s performance evaluation results in the employee not receiving a step increase, and the employee believes his/her performance evaluation is inaccurate, the employee may, after speaking with their supervisor, request the Human Resources Manager review the performance evaluation. The Human Resources Manager’s decision on the performance evaluation is final and shall not be subject to the grievance procedure.

8.3 Probationary Period
For general Full-time and Permanent Part-Time employees, the probationary period shall be for a period of not less than six (6) months of actual service. However, the supervisor may extend the probationary period for up to three (3) additional months with the written approval of the Human Resources Manager.

Probation periods shall also apply to those that are newly promoted or transferred. The probationary period shall be for a period of not less than six (6) months of actual service from the date of promotion or transfer.

Except as otherwise required by law, effective March 1, 2004, for existing classifications filled by general full-time and permanent part-time employees, the probationary period shall be for a period of not less than six (6) months of actual service. In the event, the City establishes a new bargaining unit classification, that classification shall normally follow the “6+6” probationary period defined above. However, in the event, the City determines that a new classification requires a longer probationary period, the probationary period shall be for a period of not less than twelve (12) months of actual service. The City shall notify SEIU of its intent to establish a classification using this “12+6” probationary period and shall provide SEIU with the opportunity to discuss the basis for the longer probationary period upon request.

8.4. Merit Step Increases

1. Upon the completion of six (6) months of actual initial or promotional probationary service and after receiving a satisfactory performance evaluation, eligible full-time employees who were initially appointed to the “A step” of the salary range in effect for 107

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the class to which appointed will be granted a merit increase to the next higher step in the pay range.

Employees who are at the “B step” of the salary range or higher shall receive a merit increase to the next higher step until the top step of the pay range each twelve (12) months of actual service after receiving a satisfactory performance evaluation. Regular part-time employees shall be entitled to merit increases after receiving a satisfactory performance evaluation upon completion of not less than twelve (12) months of actual service in each step of the range.

2. An employee shall not receive a merit increase beyond the maximum step established for the job classification.

3. Merit increases shall be effective on the anniversary date (i.e., six (6) months after initial appointment to the classification at Step A and every twelve (12) months after that), regardless of the date of evaluation.

4. Pay Following Promotion:

SEIU bargaining unit employees that are promoted will be offered pay in accordance with Policy and Procedure 3.9.08. If said promotion were to occur during the 30 days prior to the date of the Employee’s Performance Review (EPR), the subsequent step increase would occur before the promotion.

8.5. Promotion in a “flex” Position
Employees under “flex” positions (assistant/associate or I/II), may request a review of their current job duties and qualifications for consideration to move to the higher level within the classification, so long as the employee has been in Step E of the lower title for a minimum of 15 months and is meeting expectations according to the prior Employee Performance Report and is not currently subject to any disciplinary or performance improvement plan and is performing the full scope of their current role and meets the minimum qualifications of the higher level classification. Employees can formally request a review of their classification with the HR Division. The HR Division shall review petitions and render a determination within 90 days of petition receipt. The HR Division will include input from the department head regarding the moving of the employee to the higher level classification.

SEIU flex positions:

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i. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll immediately following adoption of this agreement by City Council.
a. Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following adoption of this agreement by City Council.
ii. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following June 29, 2025.
iii. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following June 28th, 2026.
a. Revenue Surplus Cost-Share in 3rd year:
i. If change in fund balance on audited General Fund financial statement exceeds $650,000 in fiscal year 26/27, each SEIU bargaining unit member employed at the time will receive a 1% lump sum bonus. ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, each SEIU bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%). iii. Revenue Surplus Cost-Share milestones will be determined in December 2026 and be paid to members of this unit on January 1st, 2027.
iv. If during the term of this contract, MEA or POA reaches an agreement with the City for wages, benefits, and/or contractual enhancements above and beyond the terms of this agreement, the City will apply those enhancements to all SEIU local 521 bargaining unit employees. The cost of all economic items will be considered when evaluating enhancements in other units.

9.3. Premium Pay
The City and the Union agree to meet and confer over premium pay for the SEIU bargaining unit related American Rescue Plan Act funds and if an agreement is not reached prior of the commencement of the next MOU negotiations, then this topic will be included in those negotiations.

ARTICLE 10: HIGHER CLASS PAY
A. The parties will continue to have discussions over higher class pay in Labor Management. This provision will sunset upon the parties’ mutual agreement on a replacement to this section. 109

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B. An employee who is designated by his or her department head and approved by the City Manager to work in a position in a higher classification for period of more than two (2) consecutive days shall, beginning on the third (3rd) consecutive day, be entitled to an additional five percent (5%) of salary for the remainder of the period that he or she is assigned to work in the higher classification.

C. An employee on an out of class assignment shall receive the upgrade rate for all standby duty and call-back overtime pay earned while working out of class.

D. An employee who works in a higher classification for more than thirty-one (31) days shall be entitled to pay at either the lowest step of the salary range for the position in which he or she is working or 5% of salary, whichever is greater. In addition, the employee’s paid time off shall be compensated at the pay rate of the higher classification.

ARTICLE 11: HOURS OF WORK

11.1 Hours of Work
A. Regular Workweek
The regular workweek for bargaining unit employees shall consist of forty (40) hours within a seven (7) day workweek which begins Sunday morning at 12:00 a.m. and ends the following Saturday night at 11:59 p.m. The regular workweek for bargaining unit employees shall consist of five (5) consecutive days served in units of eight (8) hours.

Most City employees work from 8:00 am to 5:00 pm with one (1) hour meal period.

Employees in the maintenance division work from 7:30 a.m. to 4:00 p.m. with a thirty (30) minute meal period. However, employees may be assigned to different schedules based on operational need. The workweek for employees on an alternate work schedule will be set forth in a letter establishing the alternate work schedule.

B. “Flex” Hours
With the approval of their supervisor, employees assigned to work off hours, such as attendance at evening meetings or early morning training, may flex their schedules to accommodate the additional work, so long as the “flexed” hours occur within the same workweek. If the employee’s request to flex his or her schedule is denied, the employee may appeal the denial to his or her Department Head.

C. Alternate Work Schedules
The City may establish alternate workweeks (including 4/10, 9/80 or other schedules) for individuals or groups of employees by providing employees with written notice. The City and Union agree that the availability of alternate work schedules may be a valuable benefit to workers and the City. Alternate work schedules requests may be initiated by employee(s) or at the initiative of the City. Alternate work schedules must be recommended by the Department/Division Manager and approved by the City Manager, with the needs of the City, service to the public, and the needs of the employee(s) being considered. At the request of either party, the parties will meet and confer over the establishment of alternative work schedules in specific work locations. Should a 110

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department or division establish an alternative work schedule as a result of meet and confer, the City will notify the Union of any issues with the alternative work schedule as well as any plans to eliminate the schedule.

In all decisions regarding alternative work schedules, the City Manager or designee’s decision will be final.

D. Rest Periods
Bargaining unit members will normally be granted and take a rest period of fifteen (15) minutes during each four (4) consecutive hours worked. These rest periods are considered time worked for pay purposes. For employees in the field, rest periods must be taken at the employee’s work area, provided that the work area is equipped with a public or City restroom, potable water, and shaded area, or at the closest facility that is equipped with a public or City restroom, potable water, and shaded area.

11.2 Overtime
Overtime is to be paid after forty (40) hours worked in one (1) work week. Overtime is paid at the rate of one and one-half times the employee’s regular rate for Fair Labor Standards Act (“FLSA”) purposes. The City will compute the regular rate, including standby pay, in accordance with the FLSA. Employees may be compensated with Compensatory Time Off (CTO) at the rate of one and one-half hours per hour worked.

However, employees may not accrue a CTO balance of more than eighty (80) hours.

11.3 Call Back
Workers who are called back after leaving work at the end of a normal working day shall be paid a minimum of three (3) hours at the overtime rate per section 11.2 (Overtime). If the employee works more than three hours during a call back, the employee shall be paid for his or her actual time worked.

If the employee responding to call back receives a second, third, or more calls within 24 hours, the employee receives the actual time spent on the additional calls.

Callback pay does not apply to incidental work performed without returning to the workplace. Employees will be paid for actual time spent on incidental work required by a supervisor, so long as the work exceeds ten (10) minutes. Incidental work in excess of ten (10) minutes will be recorded in quarter hour increments. Examples of incidental work include periodic phone calls, e-mails, and remote monitoring of systems.

11.4 Rest Periods After Extended Shift
A worker who works more than fourteen (14) consecutive hours during a twenty-four (24) hour period shall be entitled to receive an eight (8) hour rest period before returning to duty. Such rest period shall commence when the worker goes off duty. Should the eight (8) hour rest period extend beyond the starting time of the worker's regular shift, the worker shall be required to work only the remainder of the shift.

11.5 Standby Pay
With the written approval of the City Manager, Department Heads may assign workers to standby duty.
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Workers shall be paid an hourly rate of $3.50 per hour for time they are required to be on standby. Compensation for standby shall be paid only for those hours on, which a Department Head actually assigns the employee to standby duty. Employees are not entitled to standby pay for any hours when they are otherwise on paid status (e.g., working their normal shift, overtime, or callback).

Nothing in this section shall be deemed to require any Department Head to assign employees to standby duty. However, when the Department Head determines standby duty is appropriate, employees will be permitted to volunteer for standby if they meet the requirements (including response time) established by the Department Head. For rotational standby lists based on a job classification, absent special circumstances approved by a Department Head or Division Manager, all employees in the classification, shall participate in the standby rotation list.

The parties understand that stand-by compensation includes pay for incidental work performed while on standby. Examples of incidental work include periodic phone calls, emails, and remote monitoring of systems.

ARTICLE 12: ROTATION OF OVERTIME AND CALLBACK
Overtime and callback shall be assigned on a rotational basis except when management determines that the application of this provision would result in the assignment of an employee without special skills or training to perform the work with a satisfactory level of services. Hours, selection, and time off shall normally be assigned on a first-come, first served basis. However, seniority shall be used as a tiebreaker.

ARTICLE 13: BILINGUAL EXAMINATION AND DIFFERENTIAL

13.1 Bilingual Differential
Employees who are assigned to job duties requiring the use of bilingual skills are eligible to receive $50.00 per pay period. No employee shall be required to use bilingual skills who is not compensated under this section.

13.2 Eligibility
Bilingual Differential shall be available only to employees who are regularly required to speak, read, or translate in a language other than English in order to perform assigned job duties arising during the normal course of work.

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assigned job duties and shall issue notice of its decision to the employee. The decision of the Human Resources Department to arrange for testing shall be final.

13.4 Effective Date
Bilingual Differential shall be paid beginning on the first day of the first pay period following the Human Resources Department’s certification that the employee has passed the test for Bilingual Differential and otherwise met the requirements to receive Bilingual Differential. Bilingual Differential shall be based solely on the date of the Department’s certification and shall not be paid retroactively.

ARTICLE 14: UNIFORM BOOTS AND LICENSES

14.1 Uniforms
The City may require bargaining unit employees to wear uniforms. Except as provided herein, bargaining group employees who are required to wear uniforms, rain gear, or safety gear will be provided with the appropriate uniform items. The City shall continue to provide laundry service for uniforms provided to the Maintenance Workers I/II and III.

So long as uniforms are required, the City shall provide the initial three (3) shirts, two pants, boots, jacket, belt and nameplate for the Environmental Services Aide, Community Services Officer and Neighborhood Preservation Officer I/II, and Building Inspector/ Neighborhood Preservation Officer I/II Classifications who are required to wear uniforms and shall pay $175 every six months for the care and replacement of City-required uniforms. Newly hired or newly eligible employees will be prorated on a monthly rate for this allowance.

For employees who already received additional City provided shirts, the City will provide the net difference of the shirts provided to new employees.

In the event, the City ceases to require uniforms or begins to provide uniforms for any of these classifications, the uniform allowance shall cease.

City-provided uniforms and equipment are to be used for City business only. In the event, an employee damages, destroys, or loses City-provided equipment or uniform while the equipment or uniform is being used for non-City business, the employee will reimburse the City for the repair or replacement cost of the item and may be subject to discipline. 113

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In the event an employee's uniform is damaged and/or worn, and/or unsafe as determined by the City, the employee may request that damaged uniform be replaced provided:

A. The division head/manager concludes the uniform is damaged and needs to be replaced.

B. The employee furnishes proof of purchase for the damaged uniform. Purchase shall have been within the current fiscal year.

14.2 Boots
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Employees represented by this bargaining group who are required to wear protective footwear will be reimbursed up to $250 per year for the purchase of safety boots approved by OSHA/ASTM, orthopedic insoles, and ergonomic support inserts.

In the event an employee's shoes are damaged and/or worn, and/or unsafe as determined by the City, the employee may request that damaged shoes be replaced provided:

A. The division head/manager concludes the shoes are damaged and need to be replaced.

B. The employee furnishes proof of purchase for the damaged shoes. Purchase shall have been within the current fiscal year.

C. The employee has fully expended the boot allowance. If not fully expended, the employee must use the balance of his/her allowance for the purchase of replacement shoes.

Requests for replacement equipment shall be made to the City in writing on a City provided form. The City shall normally respond to such requests within five (5) working days. Denials may be appealed to the Human Resources Manager in writing within five (5) working days.

The decision of the Human Resources Manager is final and shall not be appealed.

Denials of replacement equipment shall not be subject to the grievance procedure.

14.3 Fair Labor Standard
The parties agree that uniforms provided by the City to employees should be manufactured under a “fair labor standard.” In the event, the Union has concerns about the labor practices of a manufacturer, it will present information regarding those labor practices to the City. The City and Union will then meet to review and discuss the manufacturers’ practices and appropriate responses.

14.4 DMV Pull Notice Program
Employees whose positions require that they operate vehicles on city business, must possess and maintain a valid California driver’s license appropriate for the job and vehicle(s) to be operated. Employees required to operate motorized vehicles while on duty must enroll in the City's department of motor vehicles employer pull-notice program.

Employees enrolled in the DMV employer pull notice program must fill out a City-specified enrollment/waiver form directing the DMV to provide the City with periodic updates of the employee's driving record.

ARTICLE 15: HOLIDAYS

15.1 Holidays Observed
The parties agree to abide by the Holidays provisions contained in Section 3.10.01 through

3.10.05 of the City’s Personnel Rules and Regulations. Defined holidays are as follows:
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 New Year's Day, January 1
 Martin Luther King Day, 3rd Monday in January
 Lincoln's Birthday, February 12
 Washington's Birthday, February 22 or its legal substitute (third Monday in February)  Cesar Chavez Day, last Monday in March
 Memorial Day, May 31 or its legal substitute (third Monday in May)  Juneteenth, June 19
 Independence Day, July 4
 Labor Day, first Monday in September
 Veteran's Day, November 11
 Thanksgiving Day, fourth Thursday in November
 Day after Thanksgiving, fourth Friday in November
 Christmas Day, December 25
Note: When any day recognized as a holiday falls on Sunday, the holiday shall be observed on the following Monday. When any day recognized as a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday.

ARTICLE 16: LEAVE PROVISIONS
Effective the first full payroll pay period following City Council adoption of the MOU, the City will grant employees with twenty-five (25) or more years of City service twenty (20) hours of additional leave time. This additional leave must be used by the end of 2022. Any leave not used by the end of the calendar year will be paid out in the paycheck for the last full pay period for 2022 at the employee’s hourly rate.

16.1 Vacation
A. Crediting Vacation
Full-time employees, excluding seasonal and part-time temporary, shall be credited with vacation as follows:

Minimum Continuous Service Amount of Vacation Earned Annually 116

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0-4.99 years 80 hours (3.08 hrs bi-weekly)
5-9.99 yrs. 120 hours (4.62 hrs bi-weekly)
10-14.99 years: 160 hours (6.15 hrs bi-weekly)
15-plus years: 200 hours (7.69 hrs bi-weekly)
Vacation Accumulation
An employee with less than ten (10) years of consecutive City service shall not accumulate more than two-hundred and eighty-eight (288) hours of vacation. An employee with more than ten (10) years of consecutive City service shall not accumulate more than three-hundred and twenty (320) hours of vacation. Once the accrual cap is reached, an employee will not accrue any additional vacation until he or she reduces the accumulated hours below the accrual cap, either through usage or cash-out. An employee shall receive reasonable notice of the amount of accumulated vacation leave in advance of each anniversary date. Requests for deferring vacation use must be presented to the City Manager sixty (60) calendar days before the end of the calendar year in which the vacation leave was to be taken. In granting deferred vacation, the City Manager may specify a time within which such excess vacation leave must be used.

B. Use of Vacation
The City and Union value vacation and believe that employees’ ability to utilize vacation is an important goal. The time at which an employee may use vacation leave and the amount to be taken at any one time shall be determined by the Department Head, with particular regard, for the needs of the City and, insofar as possible, considering the wishes of the employee. Except in unusual circumstances, use of vacation leave shall be scheduled and approved in advance of the first day of absence. Approval of use of vacation leave shall be in a form and manner prescribed by the Human Resources Manager. Said approval of vacation leave shall not be unreasonably withheld.

C. Vacation Cash-out
Members of the bargaining unit may make an irrevocable election in the prior calendar year to cash-out vacation during the month of December each year. To qualify for vacation cash-out, an employee must have more than eighty (80) hours of accrued vacation. During the term of this MOU, Bargaining unit members shall be allowed to cash out up to 80 hours of leave vacation that has accrued in the current calendar year, so long as the member maintains a balance of at least eighty (80) hours.

Elections will be cashed out in December the year following the irrevocable election.

16.2 Military Leave
In addition to any provisions outlined in Personnel Policies and Procedures Section 3.12.16, including any amendments negotiated during the term of this agreement, the City shall follow any revised federal and/or state regulations including the Military and Veterans Code of the State of California that govern the granting of military leaves of absence and the rights of workers returning from such leaves.
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16.3 Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) The City agrees to abide by all conditions provided in the federal Family Medical Leave Act and/or the California Family Rights Act.

16.4 Bereavement Leave
Bargaining unit employees shall be entitled up to three (3) calendar days of paid leave for an occurrence of death or serious illness or accident determined to possibly lead to death in the immediate family; five (5) calendar days if out of state. Additional days may be approved by the City Manager or designee and charged to the employee’s available unused leave. This leave shall not be accumulated and is in addition to sick leave and vacation benefits except where additional time off is taken as provided above.

Request for bereavement leave must be in writing, state the relationship of the family member, and be approved in advance by the Department Head and City Manager (or designee). In special emergencies, an employee may request formal approval after the fact, if approved, leave records shall be adjusted accordingly. Death following a serious illness or injury shall generally be regarded as one (1) occurrence; however, the City reserves the responsibility for determining the nature and/or severity of the illness and the amount of time the occurrence warrants.

Immediate family shall mean the following: related by blood, marriage or adoption: spouse, child, parent, sister, brother, uncle, aunt, nephew, niece, grandparent, grandchild, and cousin.

Immediate Family shall also include registered domestic partners.

16.5 Sick Leave
A. Sick Leave Certification

1. An employee who is absent on sick leave three (3) or more consecutive working days may be required to present a treating physician’s certification shall be required only upon request of the worker’s supervisor at least one day prior to the worker’s return to work.

2. If management believes there is an abuse of sick leave, the Human Resources Manager may require the worker to provide medical verification for all future sick leave absences for a period of ninety (90) days. Prior to implementing this provision, the worker and the worker's representative shall, upon request, be given the opportunity to meet with the Human Resources Manager to show cause why this provision should not be invoked. Material relating to the sick leave use will be available to the worker and his representative prior to such meeting. The sick leave verification requirement shall be in writing and shall be reviewed every three (3) months, and the worker may appeal the decision to place him or her on sick leave verification and a decision to renew the verification requirement to the City Manager. This section shall not be subject to the grievance procedure.

3. Sick Leave Accrual:

Full-Time employees shall accrue (3.70) of Sick Leave per pay period. This amount shall be prorated based on hours for employees working less than the 1 FTE. 118

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B. Fitness for Duty
City-required fitness for duty examinations shall occur on administrative leave with pay.

C. Family Sick Leave
Bargaining Unit members may use up to one-half of their annual accrual of sick leave for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, a member of the employee's immediate family. For the purpose of this section, the immediate family of an employee shall be as defined in the Bereavement Leave Section (Section 16.4.B).

16.6 Leave Donations
Employees shall be eligible to participate as donors and recipients in the leave donation program, which provides a mechanism for assisting employees who have exhausted paid leave due to a catastrophic illness and/or injury. This program allows a regular City employee to donate accrued vacation time hours to a specific eligible employee who has exhausted his/her own available leave balances on an hour for hour basis. Catastrophic illness or injury is defined as the employee’s own adverse medical condition which requires the employee to be absent from work for more than twenty (20) consecutive work days, or similarly debilitating illness or injury of the employee’s immediate family member who has a catastrophic illness or injury as verified by a physician’s statement.

A. To receive leave donations, an employee:

1. Must have been employed in a regular full-time position with the City for a minimum of one year; and

2. Must be absent from work due to his/her own catastrophic illness or injury for more than twenty (20) consecutive days (as verified by a physician’s statement); or be absent from work in order to attend to his/her immediate family member who has a catastrophic illness or injury (as verified by a physician’s statement); and

3. Must have exhausted all earned leave balances (including sick leave if related to the employee’s own illness) vacation; except however, donations may be made prior to all balances being exhausted, when the physician’s statement and leave balance indicate the probable exhaustion of balances within two (2) pay periods.

B. Donations

1. Are voluntary.

2. Are made from accrued Vacation balance; donations of Sick Leave are not permitted.

3. Must be for a minimum of eight (8) hours, in whole hour increments.

4. Are irrevocable.

5. Are taxable on the part of the recipient, in accordance with IRS Regulations, and are subject to withholding as required by law.

6. Donations shall be processed in the order received. However, a donor’s leave shall not be reduced until the recipient actually uses the leave. Unused donation shall remain with the donor.
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7. An employee may not donate more that eighty (80) hours to any other individual employee.

8. The total donation received into an employee’s donated leave balance shall normally not exceed 1040 hours; however, donations in excess of 1040 hours may be considered when approved by the Human Resources Manager.

9. Upon approval of the request for donations, the Human Resources Manager (or his/her designee) shall, at the employee’s request, post a notice of the eligible employee’s need for donations on departmental bulletin boards accessible to employees. Confidential medical information shall not be included in the notice.

10. Nothing in this section shall be construed to modify the employment relationship between the City and the receiving employee, or to restrict the City’s management rights. Neither shall this section modify existing City rules, policies or agreements regarding unpaid leave of absence or family leave.
“This provision (16.6) shall sunset upon the parties’ mutual agreement on a City-wide policy on Leave Donation.”

16.7 Personal Business Leave
A. Permanent (non-probationary) employees shall be entitled to a maximum of three (3) days per calendar year for Personal Business Leave without loss of pay. Such leave shall be deducted from accrued sick leave. Personal Business Leave can be taken in two (2) hour increments at a time.

C. A worker shall notify the division/department head two (2) days before taking this leave, unless an emergency exists which prohibits the worker from providing such advance notice.

E. At the discretion of the supervisor, a worker may also use vacation, compensatory time off to cover absences of an emergency nature. No request shall be unreasonably denied.

16.8 Jury Duty Leave
A. A bargaining unit member required to report for jury duty during regularly scheduled work hours shall notify their supervisor as soon as possible and shall be entitled to leave with pay until released by the Court provided the employee remits to the City within five (5) calendar days after receipt, all fees excepting those specifically allowed for mileage and subsistence.
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B. A bargaining unit member subpoenaed to appear in court during regularly scheduled working hours, solely as a result of employment with the City, shall receive full pay for such appearance until released by the Court provided the employee remits to the City within five (5) calendar days after receipt, all fees excepting those specifically allowed for mileage and subsistence.

C. A bargaining unit member is responsible for keeping their supervisor informed of their court schedule and must return to work when released by the Court (including partial days).

ARTICLE 17: RETIREMENT

17.1 Retirement
A. Bargaining unit members who do not meet the definition of “new member” as determined by the California Public Employees’ Retirement System (CalPERS), shall be subject to the

2.5% @ 55 retirement formula highest three years.

B. Bargaining unit members who meet the definition of “new members,” as determined by CalPERS, shall be subject to the CalPERS 2.0% @ 62 retirement formula, highest three years.

C. Bargaining unit members will continue to pay the full employee contribution established for their retirement tier (this number is set by statute; and as of the date of this agreement is 8% for classic members and ½ of the Normal Cost for “new members.”).

17.2 Credit for Unused Sick Leave
The City has contracted with CalPERS to provide service credit for unused sick leave pursuant to the Public Employees Retirement Law. To qualify for this provision, a member must retire within one hundred and twenty (120) days of separation from the City.

ARTICLE 18: GRIEVANCE PROCEDURE

18.1 Policy
This grievance procedure is intended to assure that every reasonable effort will be made to resolve problems as near as possible to the point of origin. This Article shall supersede the grievance procedure contained in Sections 3.15.01-3.15.07 of the City’s Personnel Policies and Procedures.

18.2 Eligibility to File a Grievance
A permanent classified employee or his or her Union representative may submit a dispute according to this procedure. The Union may utilize this procedure in the event a dispute is not directly related to an individual employee and complies with all the provisions of this Article.

18.3 Definition
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A grievance is defined as a dispute involving the interpretation, application or alleged violation of:

A. This Memorandum of Understanding; or
B. The City Personnel Rules affecting classified employees where the provision in dispute is within the scope of representation and not otherwise superseded by the provisions of this Agreement.

C. No dispute shall be considered a grievance if it does not conform to this definition. Where the City Codes or Rules and Regulations provide another appeal process, the Union shall choose which process is to be used but shall not use both.

18.4 Grievance Procedure
A. Step 1 - Informal Discussion (Immediate Supervisor/Division Head) Within ten (10) working days of the occurrence of an act in dispute, an employee shall discuss it with his/her immediate supervisor, who shall investigate and attempt to resolve the matter. The supervisor or designee shall give the employee an oral reply within ten (10) working days after the discussion. If the employee is not satisfied with the response, he/she may proceed to Step 2. In the event, the Division Head is the Employee’s direct supervisor, the Informal Discussion shall be with the Division Head or designee.

B. Step 2 – Formal Written Grievance (Division Head/Department Head) Any dispute not resolved at Step 1 may be submitted to the Division Head in writing citing the specific provision of the rule in dispute and stating the desired solution within ten (10) working days after the supervisor’s response. A copy shall be provided to the supervisor. Ten (10) working days thereafter, a meeting shall be scheduled with the employee by the Division Head or designee. The Division Head or designee shall give the employee a written reply within ten (10) working days after such meeting and file a copy with the Human Resources Manager. If the employee is not satisfied with the response, he/she may proceed to Step 3.

In the event, the Division Head is the Employee’s direct supervisor, the Step 2 Formal Written Grievance shall be filed with the Department Head. Employees who are supervised directly by their Department Head shall bypass Step 2 and proceed directly to Step 3.

C. Step 3 – Human Resources Manager
Any dispute not resolved at Step 2 may be submitted in writing to the Human Resources Manager within ten (10) working days after the Step 2 Response, with a copy to the Department Head and Immediate Supervisor. Within ten (10) working days thereafter, a meeting shall be scheduled with the employee by the Human Resources Manager or designee who shall attempt to resolve the matter.

The Human Resources Manager or designee shall give the employee a written reply within ten (10) working days after such meeting and file a copy with the 122

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City Manager. If the employee is not satisfied with the response, he/she may proceed to Step 4.

D. Step 4 – City Manager
Any dispute not resolved at Step 3 may be submitted in writing to the City Manager within ten (10) working days after the Step 3 Response, with a copy to the Human Resources Manager and the Department Head. Within ten (10) working days thereafter, a meeting shall be scheduled with the employee by the City Manager or designee who shall attempt to resolve the matter. The City Manager or designee shall give the employee a written reply within ten (10) working days after such meeting. If the employee is not satisfied with the response, he/she may request that the Union proceed to Step 5.

E. Step 5 – Arbitration
If the Union is not satisfied with the City Manager or designee’s response, it may appeal the dispute to arbitration in writing within ten (10) calendar days after the date of the Step 4 response. Within ten (10) calendar days of the appeal, the parties shall meet to select an arbitrator. If the parties are unable to reach mutual agreement on an arbitrator, the parties shall jointly request a list of seven (7) labor arbitrators from the California State Mediation Service and shall alternately strike names until only one name remains. The Union shall strike first for the initial arbitration under this Agreement and the parties shall alternate the first strike thereafter.

Costs for the arbitration (including arbitrator fees and any court reporter) shall be shared equally by the parties. The parties shall each pay for their own representative. The decision of the arbitrator shall be final and binding upon the parties.

18.5 Service of City Responses
Copies of all City responses shall be sent to the Grievant, Local 521, and to the Grievant’s representative at the address indicated on the grievance form.

18.6 Settlement of a Grievance
Failure of the City to adhere to the designated time deadlines shall be deemed a denial and the Grievant may appeal the grievance to the next level. Failure of the grievant to adhere to the time deadlines shall mean that the grievance is settled. The grievant and the City may extend any time deadline by mutual agreement.

18.7 Representation
An employee may have a representative of his/her choice present at all stages of the grievance procedure.

18.8 No Retribution
An employee shall not be penalized in any way for availing himself/herself of this procedure. 123

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ARTICLE 19: DISCIPLINE

19.1 Discipline
The City may reprimand, place on disciplinary probation, discharge, suspend, reduce salary, or demote any worker who has completed the specified probationary period for cause, including, but not limited to:
● Dishonesty,
● Insubordination,
● Immoral or unprofessional conduct,
● Intoxication or the use of controlled substances while on duty, ● Incompetence,
● Willful negligence,
● Excessive absences and/or tardiness,
● Inexcusable absence without leave,
● Misuse of City property,
● Failure to maintain licenses or certificates required by law, District requirements, or job description,
● Failure to perform work as required, or
● Failure to comply with or violation of the City's reasonable rules regarding safety, conduct and operations.

19.2 Right to Representation
Except in situations requiring immediate action, such as but not limited to, allegations of theft or urgent safety matters, a worker shall be entitled to a steward of his or her choice at an investigative interview that the worker reasonably believes may result in disciplinary action. The worker may request a representative either during or prior to the interview, and must make a selection, of which steward will be representing him or her within a reasonable time. The worker’s choice of representative will not be permitted to delay the investigation if the resulting delay would harm the investigation.

19.3 Procedure

1. Notice of Intent to Discipline
A Notice of Intent to discharge, demote or suspend must be served on the worker and the Union in person or by certified mail.
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The Notice shall include:

1. A statement of the nature of the disciplinary action;

2. The effective date of the action;

3. A statement of the cause thereof;

4. A statement of the act or omissions upon which the causes are based;

5. A statement of the worker's right to respond to the charges, either orally or in writing, prior the action becoming effective; and

6. A statement advising the worker of the right to Union representation.

The Notice shall be accompanied by all documentation upon which the City relied in determining the need for disciplinary action.

2. Employee Response/Skelly Meeting
The worker may respond to the Notice of Intent to Discipline either in person or in writing.

A. If the worker elects to respond in writing, the worker or his representative must file the worker’s response within ten (10) workdays after service of the Notice of Intent to Discipline.

B. If the worker elects to respond in person, the worker or his or her representative must request a meeting with the Department Head within ten (10) workdays after service of the Notice of Intent to Discipline. The Department Head shall hold a meeting with the employee within twenty (20) days of the worker’s request.

3. Notice of Discipline
If the Department Head determines that discipline is warranted, the Department Head shall issue a written Notice of Disciplinary Action within ten (10) workdays after either the filing of a written response or the date of the Skelly Meeting. If the worker did not request a meeting or file a written response, the Department Head’s decision is due twenty (20) workdays after the service of the Notice of Intent to Discipline. The Department Head shall furnish a copy of the Notice of Disciplinary Action to the Union and appropriate Steward.

4. Appeal to Human Resources Manager:

A. In the event a worker feels that the disciplinary action is unjust, the worker or his or her representative may appeal the action to the Human Resources Manager.

An appeal of the Notice of Disciplinary Action must be in writing and must be filed with the Human Resources Manager within ten (10) workdays of the date of service of the Notice of Disciplinary Action.

B. The Human Resources Manager or designee shall hold an appeal meeting within twenty (20) days.

C. For any matter not subject to binding arbitration pursuant to Section 5, below, the Human Resources Manager or designee’s decision shall be final and binding.
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D. The Human Resources Manager shall issue his/her decision within ten (10) workdays after either meeting with the worker or receipt of the arbitrator’s report, whichever is later.

E. Except for matters which are subject to arbitration pursuant to Section 5, the decision of the Human Resources Manager shall be final.

5. Arbitration of Serious Discipline
In the event a worker feels that a discharge, suspension of three (3) or more days, or a reduction in pay is unjust, the Union shall have the right to appeal the case to binding arbitration. Any appeal under this provision must be filed within twenty (20) days after receipt of the Human Resources Manager’s decision. The expenses of any arbitration convened pursuant to this section, including the fee for the services of the Arbitrator and court reporter, shall be borne equally by the parties. All other expenses which the parties may incur individually, including witness and attorney fees, are to be borne by the party incurring such expenses.

6. Removal of Disciplinary Notices
Employees may request in writing to the Human Resources Manager, with a copy to Union Representative, that disciplinary notices which are three (3) or more years old shall be removed and destroyed provided the following conditions are met:

1. The file does not contain subsequent notice of discipline or records of disciplinary action.

2. The employee has not been notified in writing of pending disciplinary action at the time the written request to remove said notice of discipline is received by the Human Resources Manager.

ARTICLE 20: MEDICAL INSURANCE
A. The City shall pay up to a maximum of sixty-five percent (65%) of the premium of the Kaiser Permanent HMO for employees electing to have dependent medical coverage under the City’s existing medical plans. The employee shall be responsible for the remaining premium for the elected medical coverage.

B. The City shall pay up to one hundred percent (100%) of the premium for Kaiser Permanente HMO Employee only.

C. Continuing from January 2024 and incorporated in the MOU starting July 2024, the City will make a semi-monthly contribution of $83.33 towards HSA for employees that enroll in Kaiser Permanente HSA high deductible plan. Equivalent to approximately $2,000 annually.

D. Benefits Committee
During the term of this MOU, the City and Unions shall convene the Benefits Committee for the following purposes:

1. To continue ongoing discussions regarding cost structures as a part of an overall strategy to maintain balanced enrollment in City plans,

2. To investigate the feasibility of revising medical and/or dental coverage and/or plan(s) and strategies to participate into benefit insurance cost 126

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structure, and
The benefits Committee will commence no later than September 30,2022. The Committee will be composed of City labor representatives, not to exceed four (4) 127

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representatives and four (alternates) from each participating labor organization and four (4) representatives. These names will be provided to the City no later than August 31, 2022.

ARTICLE 21: DENTAL INSURANCE

21.1 Employee Coverage
The City agrees to provide a dental insurance plan or plans (if more than one is available) for its employees covered by this bargaining unit. The City shall contribute the full cost of the employee-only level for the dental plan selected by the employee. The contributions are based on regular full-time employment; part-time employees shall receive a prorated contribution based on their percentage of full-time equivalent.

Maximum Delta Dental payout per calendar year shall be $2,000.

Co-payment for Crown and Cast Restoration, and Prosthodontic benefits shall be 80/20; with the twenty percent (20%) share the responsibility of the employee.

21.2 Dependent Coverage
Employee may ensure their eligible dependents (including registered domestic partner as defined below) under the dental plan(s) in accordance with the rules and regulations applicable to obtaining said dependent coverage. Domestic partner (as defined by State law), shall be included as “eligible dependent” pursuant to Article 16.4B.

ARTICLE 22. STATE DISABILITY INSURANCE AND LIFE INSURANCE Effective July 1, 2007, bargaining unit employees shall be enrolled in the State Disability Insurance (SDI) system administered by the California Employment Development Department. Coverage shall be limited to the “State Plan” and shall not include any additional Voluntary plan design. SDI premiums shall be 100% employee-paid on an after-tax basis.

Payment shall be made by mandatory payroll deduction for every bargaining unit employee.

ARTICLE 23: RECLASSIFICATION
A. When necessary, the Union may request that the City reclassify bargaining unit positions.

These requests shall be made in writing and shall indicate the position’s current classification, a detailed statement of the reasons that the reclassification is appropriate. The 128

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Human Resources Division shall respond to the reclassification requests in writing not later than three (3) months after the submission of the request, unless this deadline is mutually extended by the parties. The Human Resources
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Manager or designee will meet with the Union and each incumbent employee during the process.

B. In the event, the Human Resources Division determines that the reclassification is not appropriate, the Union may appeal the decision to the City Manager in writing, not later than ten (10) calendar days after the date of the Human Resources Division’s decision. The City Manager shall render a decision within ten (10) calendar days of the appeal. The decision of the City Manager shall be final. This section is not subject to the grievance procedure.

C. Reclassifications will be effective either the date of the Human Resources Division decision or three (3) months after the submission of the request, whichever is earlier.

D. Employees who are reclassified through the City’s reclassification process to a higher classification will not be subject to the probationary period.

ARTICLE 24: POSITION RECRUITMENT
A. Postings

1. Open Recruitment for Promotional opportunities for permanent city positions in classifications within the representation unit will be posted at all work locations and on the City’s website for at least fourteen (14) calendar days prior to closing applications and shall be mailed to the Union and e-mailed to bargaining unit members with City email accounts.

2. “Internal Only” recruitment for promotional opportunities for permanent city positions in classifications within the representation unit will be posted at all work locations for at least seven (7) calendar days (Monday through Friday) prior to closing applications and shall be mailed to the Union and e-mailed to bargaining unit members with City email accounts.

3. Such postings shall include a description of the type of examination and screening process that will be used in filling the position. Any test given shall relate to the skills, knowledge, and abilities necessary to perform the job.

B. Mandatory Interviews The top two (2) permanent bargaining unit members applying for promotional opportunities for classifications within the representation unit and who meet the minimum qualifications for the position will be interviewed regardless of the number of interviewees otherwise requested by the hiring department. When possible, the top two (2) permanent bargaining unit members applying for promotional opportunities outside of the representation unit and who meet the minimum qualifications for the position will be interviewed.

C. The List
Once a list of reachable candidates has been generated and upon request by any Department Head, the Human Resources Manager shall refer to the requesting Department a list of the top seven (7) candidates as well as a list of all internal applicants on the 130

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recruitment list. The Department Head shall have the discretion to interview any of the candidates whose names have been referred by the Human Resources Manager.

ARTICLE 25: TRAVEL EXPENSES
Pursuant to City Policy, the City will advance 75% of the allowable reimbursement for meals consumed by bargaining unit members during travel on City business. For reimbursement exceeding the 75% advance, bargaining unit members are still required to submit receipts for meal reimbursement upon return from travel and will be reimbursed up to the allowable amount after submission of receipts.

If a bargaining unit member is required to use his/her personal vehicle for pre-approved workrelated travel purposes, the City shall pay said employee mileage at the current IRS rate.

ARTICLE 26: TUITION REIMBURSEMENT
A. The City shall provide tuition reimbursement for employees, subject to the limitations below of five hundred dollars $600 per fiscal year paid as taxable wages. Limited to the unit cost of the class and required textbooks (no supplies, no parking or mileage reimbursement). Coursework must be on the employee’s own time.

B. Tuition reimbursement shall be available only for coursework taken at an accredited institution and is only available for coursework in which the employee receives a passing grade. These funds are subject to budgetary constraints and may not be available from year to year.

C. All eligible employees in this unit are eligible to receive the $600 reimbursement, regardless of total cost to the City. In the event that the bargaining unit has not exhausted $5,000 in reimbursement by May 31 of any fiscal year, any unit member who has received the maximum individual reimbursement ($600) but has expended more than that amount on textbooks or tuition for approved coursework may apply to the City Manager for reimbursement of the remainder of the appropriate expenses up to $1000 maximum per individual. This additional reimbursement is on a first come, first serve basis and will be granted up to a total $5,000 per fiscal year for the entire unit. Workers must submit a request for additional reimbursement on or before May

31. If the balance remaining in the reimbursement pool is not sufficient to pay the additional expenses for applications received by May 31, the pool shall be distributed equally to each applicant up to the amount of each reimbursement request.

ARTICLE 27: LABOR-MANAGEMENT COMMITTEE
A. Purpose: A labor/management Committee shall be created. The purpose of the Committee shall be to examine labor-management issues. The committee shall also monitor labor-management issues that have not yet risen to the level of grievances.

B. Composition: The Committee will be composed of the HR Manager or designee, up to two (2) management representatives, the Local 521 staff person, and up to three (3) Local 521 members.
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C. Meeting Schedule: The Committee will commence meeting after ratification of the Agreement. The Committee will meet at least bi-monthly during the term of the agreement with both parties being considerate of bargaining and benefits committee commitments.

D. An agenda will be shared at least 48 hours prior to the meeting. A follow up meeting may be scheduled within 30 days if all items on the agenda are not discussed (ex. Not enough time was allotted) subject to availability of both parties.

ARTICLE 28: LICENSES AND CERTIFICATES
Workers who are required by State and/or Federal agencies to be licensed or secure a certificate shall be reimbursed for the fees for the licenses or certificates. This provision excludes licenses required by the Department of Motor Vehicles.

ARTICLE 29: Teleworking
SEIU bargaining unit employees have the right to telework when feasible according to the needs of the City and can request to work remotely/telework by writing to their direct supervisor. The parties shall follow the City’s personnel rules regarding teleworking, which is subject to meet and confer prior to implementation.

ARTICLE 30: Repayment Authorization
When it is discovered that an employee has been overpaid, regardless of cause, the City shall have the ability to recover those monies via a repayment agreement (see Appendix B). Such repayment agreement will not extend longer than the amount of time that the overpayment occurred, unless the parties mutually agree to another timeline.

In the event a payroll error has been made, including but not limited to the payment of an employee's salary, overtime payment or leave accruals, balances or usages, the City shall, for purposes of future compensation, adjust such compensation to the correct amount, and give written notice to the employee. The city shall provide documentation to back-up the conclusion that there has been an overpayment.

In the event an employee received an overpayment, the City and employee shall agree upon a repayment schedule utilizing one, or a combination of, the following elements:
(1) Lump sum payment by the employee;
(2) A one-time deduction from available accrued leave balances except sick leave equivalent to the overpayment at the employee's current hourly rate; (3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutually agreed between the parties.

No action shall be taken to enforce repayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment or written or oral notice to the City in the case of an underpayment error.
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ARTICLE 31: SAVINGS CLAUSE
If any article or section of this contract or any rider thereto should be held invalid, illegal or unenforceable by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending 133

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forma1 determination as to its validity or legality, the remainder of this contract or any rider thereto, or the application of such article or section to persons or circumstances other than those which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.

It is further the intent that should any article or sections of this contract be held invalid, illegal or unenforceable and inoperable, that article or section shall be renegotiated in an attempt to provide validity, legality and acceptability to such section or article.

31.1 Amendments to Agreement
This Agreement may be amended only by the mutual written agreement of the parties. Such amendments shall be lettered, dated, and signed by the parties and shall constitute a part of this Agreement.

ARTICLE 32: TERM
The term of this MOU shall be from August 1, 2022 to Dec 31, 2023 equivalent to sixteen months. Ninety days prior to the expiration the parties shall meet and confer, at the request of either the City or the Union, to amend or extend this Memorandum of Understanding.

ARTICLE 33: AUTOMATIC PAYROLL DEPOSIT
All employees covered by this Agreement shall participate in the City’s automatic payroll deposit program. Participation shall mean the employee’s execution of a payroll authorization form and submission of a voided check or savings slip to the Finance Department. It shall be the employee’s choice as to which financial institutions(s) he/she designates as the institution(s) receiving the payroll funds.

When the authorization form is properly executed and filed with the Finance Department, the City shall automatically deposit in the employee’s designated financial institution account(s) the net amount of pay each designated biweekly payday.
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APPENDIX A
SERVICE EMPLOYEES INTERNATIONAL UNION – MISCELLANEOUS UNIT

1. Accountant I

2. Accounting Technician I

3. Accounting Technician II

4. Accountant II

5. Administrative Grants Coordinator (NEW CLASS)

6. Administrative Assistant

7. Assistant Engineer

8. Assistant Planner

9. Associate Engineer

10. Associate Planner

11. Building Inspector I

12. Building Permit Technician

13. Code Enforcement Officer I

14. Code Enforcement Officer II

15. Community Services Officer

16. Environmental Services Aide

17. Electrician

18. Engineering Technician

19. Kitchen Aide (Part-Time)

20. Maintenance Worker I

21. Maintenance Worker II

22. Maintenance Worker III

23. Nutrition Site Supervisor (Part-Time)

24. Office Assistant

25. Police Records Clerk I

26. Police Records Clerks II

27. Police – Property and Evidence Technician

28. Police Crime Analyst

29. Public Works Inspector

30. Rent Stabilization Counselor I/II

31. Secretary I

32. Secretary II

33. Shuttle Van Driver (Part-Time)
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APPENDIX B
Repayment Authorization Form

CITY OF EAST PALO ALTO

PAYMENT PLAN AUTHORIZATION FORM
Employee Name:

AMOUNT OWED TO THE CITY FOR COVERAGE:

OPTION 1
Amount to be paid in one lump sum of $ - using either option A , B or C below:

A) to be deducted from your next payroll check.

B) to be paid by check or cash to the City
C) to be paid from earned leave balances*
OPTION 2
A bi-weekly amount of #DIV/0! to be taken from paychecks.

OPTION 3
A bi-weekly amount of to be taken from the next payroll periods until paid.

OPTION 4
Other option described here: #DIV/0! to be taken from paychecks.

I agree and understand the terms of this payment arrangement and authorize the City of East Palo Alto to deduct the following amount from my paycheck based on the payment plan option selected above. If I resign or am terminated, I understand that the remaining balance will be withheld from my final check.

Employee Signature Date
City Official Date
* Leave balances shall include vacation leave, floating holiday leave and comp time only .

Any pay increases may be used by the City to lower agreed upon payment plan to balance your payroll check.

0.00 $ -

0.00 Instructions: Please select one of the options below by placing an X in the appropriate box of your choice.
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ACCEPTED BY:

For the Union: For the City:

Guadalupe Rosas SEIU Local 521 Melvin Gaines, City Manager Janet Nuñez-Aguilar, SEIU Member Ana Torres-Mondragon,
Human Resources Manager
Amir Mahmoudi, SEIU Member Brenna Rowe, Chief Spokesperson Sloan Sakai Yeung & Wong LLP
Lenin Melgar, SEIU Member
Agripina Villegas, SEIU Member
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THE CITY OF EAST PALO ALTO
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, (SEIU - LOCAL 521) JULY 1, 2024- JUNE 30, 2027, EQUIVALENT TO THREE (3) YEARS

This Agreement constitutes a mutual understanding between the parties of those wages, hours and conditions of employment, which are to be in effect during the period of the Agreement.

Unless separately identified in another provision of this Agreement, any notification given pursuant to the terms of this agreement shall be sent to the following:

For the City: For SEIU, Local 521:

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PREAMBLE ........................................................................................................................................................................... 1 ARTICLE 1: RECOGNITION .................................................................................................................................................... 3 ARTICLE 2: NON-DISCRIMINATION....................................................................................................................................... 3 ARTICLE 3: UNION SECURITY ............................................................................................................................................... 4 ARTICLE 4: RIGHTS OF PARTIES............................................................................................................................................ 4 ARTICLE 5: LAYOFF ............................................................................................................................................................... 7 ARTICLE 6: FURLOUGH ......................................................................................................................................................... 8 ARTICLE 7: CONTRACTING OUT............................................................................................................................................ 8 ARTICLE 8: PERSONNEL ACTIONS.......................................................................................................................................... 8 ARTICLE 9: WAGES ............................................................................................................................................................. 10 ARTICLE 10: HIGHER CLASS PAY.......................................................................................................................................... 10 ARTICLE 11: HOURS OF WORK............................................................................................................................................ 11 ARTICLE 12: ROTATION OF OVERTIME AND CALLBACK ....................................................................................................... 13 ARTICLE 13: BILINGUAL EXAMINATION AND DIFFERENTIAL................................................................................................ 13 ARTICLE 14: UNIFORM BOOTS AND LICENSES..................................................................................................................... 14 ARTICLE 15: HOLIDAYS ....................................................................................................................................................... 15 ARTICLE 16: LEAVE PROVISIONS. ........................................................................................................................................ 16 ARTICLE 17: RETIREMENT ................................................................................................................................................... 21 ARTICLE 18: GRIEVANCE PROCEDURE................................................................................................................................. 21 ARTICLE 19: DISCIPLINE ...................................................................................................................................................... 25 ARTICLE 20: MEDICAL INSURANCE...................................................................................................................................... 27 ARTICLE 21: DENTAL INSURANCE........................................................................................................................................ 28 ARTICLE 22. STATE DISABILITY INSURANCE........................................................................................................................ 28 ARTICLE 23: RECLASSIFICATION .......................................................................................................................................... 28 ARTICLE 24: POSITION RECRUITMENT ................................................................................................................................ 29 ARTICLE 25: TRAVEL EXPENSES........................................................................................................................................... 30 ARTICLE 26: TUITION REIMBURSEMENT ............................................................................................................................. 30 ARTICLE 27: LABOR-MANAGEMENT COMMITTEE ............................................................................................................... 30 ARTICLE 28: LICENSES AND CERTIFICATES........................................................................................................................... 31 ARTICLE 29: TELEWORKING ............................................................................................................................................... 31 ARTICLE 30: REPAYMENT AUTHORIZATION ........................................................................................................................ 31 ARTICLE 31: SAVINGS CLAUSE ............................................................................................................................................ 31 ARTICLE 32: TERM .............................................................................................................................................................. 32 ARTICLE 33: AUTOMATIC PAYROLL DEPOSIT ...................................................................................................................... 32 139

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ARTICLE 1: RECOGNITION
Union Recognition
The Association has been recognized as an Employee Organization pursuant to the Employer-Employee Resolution of the City adopted November 21, 1983 for the regular fulltime employees assigned to the classes set forth in Appendix A.

This unit of employees shall, for the purpose of identification, be titled the Miscellaneous Unit.

ARTICLE 2: NON-DISCRIMINATION

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ARTICLE 3: UNION SECURITY

The City will begin deductions in the amount prescribed by SEIU, Local 521 in the first full payroll period after receipt of the Deduction Authorization Form from SEIU, Local 521.

Deductions may be revoked only pursuant to the terms of the member’s written authorization.

ARTICLE 4: RIGHTS OF PARTIES

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c. To direct its workers;
d. To determine the methods and means to relieve its workers from duty because of lack of funds or other lawful reasons;
e. To determine the methods, means, numbers and kinds of personnel by which City operations are to be conducted;
f. To determine the methods of financing;
g. To determine the size and composition of the work force and allocate and assign work by which the City operations will be conducted;
h. To determine and change the number of locations, relocation and type of operations, processes and materials to be used in carrying out all City functions; i. To establish employee performance standards including, but not limited, quality and standards, and to require compliance therewith;
j. To take necessary actions to carry out its mission in emergencies; k. To exercise complete control and discretion over its organization and the technology of performing its work;
l. To take any and all steps necessary to discharge the City's responsibilities to provide for the safety of the public it serves and to provide employees with a safe working environment; provided, however, nothing herein shall preclude the Union from providing input, consulting and/or meeting and conferring with the City as required by law on such safety issues so long as such actions do not prevent the City from discharging these responsibilities;
m. The exercise of the foregoing powers, rights, authorities, duties, and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this memorandum and then only to the extent such express terms hereof are in conformance with the Constitution and laws of the United States and the Constitution of the State of California; and
n. The exercise by the City through its City Council and management representatives of its rights hereunder shall not in any way, directly or indirectly, be subject to any grievance procedure nor subject to meeting and conferring.

Neither the City nor SEIU shall interfere with, intimidate, restrain, coerce, unduly influence or discriminate against any bargaining unit member because of his/her exercise of these rights.
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B. Notification to the Union
The City will comply with all conditions established by the Meyer, Milias, Brown Act.

D. Release Time

4. A Steward who is released by a supervisor to investigate a grievance or to meet with City officials shall return promptly to his/her regularly assigned duties.

5. Only one Steward shall be relieved from assigned work duties for any given matter. 143

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E. List of Employee
On a quarterly basis, the City will provide the Union with a unit list including name, classification, and department. Upon adoption of this Agreement, the City shall distribute to all bargaining unit employees an “Address and Telephone Release Form,” which shall permit each employee to authorize the City to release his or her mailing address and contact telephone number to SEIU.

The Union shall procure prior City approval for the use of such facilities and shall schedule the use of City facilities according to City procedure.

ARTICLE 5: LAYOFF

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ARTICLE 6: FURLOUGH
The City agreed to no mandatory furloughs for the term of this contract.

ARTICLE 7: CONTRACTING OUT

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contracting out work that results in or is the result of the elimination or non-filing a bargaining unit position, the City will notify the Union as soon as possible.

7.3. Recruitment
This provision shall not apply in situations where the City is preparing for or holding a recruitment for a bargaining unit employee to perform the work or where a recruitment has been unsuccessful in filling the unit position the last twelve (12) months.

However, if a recruitment is unsuccessful, the City will run a new recruitment within twelve (12) months after the contracting out of work.

7.4. List of Vendors
The City will provide SEIU with a list of active Purchase Orders twice a year.

ARTICLE 8: PERSONNEL ACTIONS

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his/her written authorization, permit his/her representative to review his/her file under the supervision of Human Resources Office staff.

8.4. Merit Step Increases

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East Palo Alto City CouncilJune 4, 2024

East Palo Alto City Council
June 4, 2024