Agenda packet — Emeryville City Council, July 28, 2026

City of Emeryville Page 1 of 3
Members:

Mayor Sukhdeep Kaur
Vice Mayor Matthew Solomon
Council Member David Mourra
Council Member Kalimah A. Priforce
Council Member Courtney Welch

CITY OF EMERYVILLE
AGENDA

CITY COUNCIL
Emeryville City Hall
1333 Park Avenue
Emeryville, CA 94608
(510) 596-4300 phone
(510) 450-7831 fax
www.emeryville.org
Tuesday, July 28, 2026 6:00 PM - Special Meeting Council Chambers This meeting is being conducted in a hybrid model with both in-person and virtual attendance.

Join the meeting remotely using Zoom or in-person at
1333 Park Avenue, Emeryville, California
Please click the link below to join the webinar:
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To request to speak during public comment, use the “raise hand” function in Zoom and wait for your name to be called.

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Telephone: 669-900-6833
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Passcode: 522872
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Public comment can be submitted online via our written comment card at www.emeryville.org/citycouncil.

Written comments can also be submitted by email to [email protected] or to the City Clerk at [email protected]. If you would like to make public comment in writing, please send them by 3:00 p.m. prior to the meeting.

A complete copy of the agenda packet is available for viewing at the Information Center at City Hall, located at 1333 Park Avenue, Emeryville, California, and on the city’s website at www.emeryville.org/citycouncil. The meeting is shown live on the City of Emeryville television channel (ETV), cable channel 27, and will be rebroadcast according to the published ETV schedule of programs. Council meetings will also be available to view through live media streaming accessible from the City of Emeryville website at www.emeryville.org/citycouncil.

You can subscribe to receive Emeryville City Council agendas via email by going to our website at www.emeryville.org/citycouncil. Simply fill out your information, check “City Council Agendas”, and click the “Subscribe” button.

City Council AGENDA July 28, 2026
City of Emeryville Page 2 of 3
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. There will be no separate discussion of these items unless good cause is shown prior to the time the Council votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Presiding Officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the Hearing is closed and brought back to Council level for discussion and action. There is no further comment permitted from the audience unless requested by the Council.

No animals shall be allowed at or brought in to a public meeting by any person except (i) as to members of the public or City staff utilizing the assistance of a service animal, which is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability; or (ii) as to police officers utilizing the assistance of a dog(s) in law enforcement duties.

In compliance with the Americans with Disabilities Act, a person requiring an accommodation, auxiliary aid, or service to participate in this meeting should contact the City Clerk ’s Office at 510-596-4300, as far in advance as possible, but no later than 72 hours before the scheduled event. The best effort to fulfill the request will be made. Assistive listening devices are available for anyone with hearing difficulty from the City Clerk prior to the meeting and must be returned to the City Clerk at the end of the meeting.

Public Comment: Each speaker is limited to two minutes to present their comments to the City Council at each speaking opportunity. At the discretion of the Presiding Officer, time limits may be further adjusted.

The regular and special meetings of the Emeryville City Council also serve as regular or special meetings of the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency, the Community Development Commission, and the Public Finance Authority when items are listed on the agenda.

The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council or related meeting. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that would potentially violate the Fair Employment and Housing Act – i.e., statements or conduct that is hostile, intimidating, oppressive, or abusive – is per se disruptive to a meeting and will not be tolerated.

PLEASE NOTE: Council Member Mourra will participate in the meeting remotely from the site listed below. The meeting agenda will be posted at the remote site, and the site is accessible to the public.

Anyone wishing to address the City Council from the remote site will be provided with an opportunity to do so.

LOCATION: 1342 Mumford Drive
Santa Ana, CA 92705
City Council AGENDA July 28, 2026
City of Emeryville Page 3 of 3

1. CALL TO ORDER - SPECIAL MEETING 6:00 PM

2. ROLL CALL

3. EX PARTE COMMUNICATIONS

4. PUBLIC COMMENT FOR CONSENT AGENDA

5. CONSENT CALENDAR

5.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING AND

ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

EMERYVILLE AND THE EMERYVILLE POLICE MANAGEMENT ASSOCIATION (PMA),

AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING, AND APPROVING THE AMENDMENT TO THE CITY’S

COMPENSATION PLAN IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5

5.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE

FILING OF AN APPLICATION FOR ALAMEDA COUNTY TRANSPORTATION COMMISSION

ADMINISTERED FUNDING FOR EMERY GO-ROUND OPERATING EXPENSES AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO

COMPLETE THE PROJECT

6. ADJOURNMENT
[THIS PAGE INTENTIONALLY LEFT BLANK]
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: July 28, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Lilybell Nakamura, Human Resources Director SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

APPROVING AND ADOPTING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF EMERYVILLE AND THE

EMERYVILLE POLICE MANAGEMENT ASSOCIATION (PMA),

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

MEMORANDUM OF UNDERSTANDING, AND APPROVING THE
AMENDMENT TO THE CITY’S COMPENSATION PLAN IN

CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE
2, SECTION 570.5

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving the Memorandum of Understanding (MOU) between the City of Emeryville and the Emeryville Police Management Association (PMA) for the period of July 1, 2026 through June 30, 2029, and authorize the City Manager to execute the Successor MOU on behalf of the City.

BACKGROUND
The City and PMA are parties to an existing MOU covering the period of August 1, 2023 through June 30, 2026 (the Existing MOU). In advance of the expiration of the Existing MOU, staff and PMA have been negotiating in good faith for the Successor MOU since April 2026. Both parties have reached a tentative agreement on matters related to wages, hours, and other terms and conditions of employment, consistent with authority provided by the City Council, as reflected in the Successor MOU.

DISCUSSION
The existing MOU expired on June 30, 2026. The PMA membership ratified the Successor MOU on July 24, 2026. The Successor MOU does not become effective until approved by the City Council. The main points of the Successor MOU are as follows:

Salaries
▪ Provides a salary increase of three percent (3%) effective the first full pay period following City Council approval of the Successor MOU.

PMA MOU
City Council Meeting | July 28, 2026

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▪ Provides a one-time lump sum payment equivalent to the value of a three percent (3.0%) salary increase (including all premium pays) for the period of July 13, 2026, through the implementation of the three percent (3.0%) salary increase referenced above.
▪ Provides a salary increase of three percent (3%) effective first full pay period in July 2027.
▪ Provides a salary increase of three percent (3%) effective first full pay period in July 2028.

Longevity Pay
▪ Increases longevity pay upon completion of the fifth year by one percent (1%), effective the first full pay period following a City Council approval of the Successor MOU.

Probationary Period – Updated probationary period to six (6) months.

New Section for Grievance Procedure – Added missing language.

Definition of Immediate Family – Updated definitions of immediate family in accordance with current updated California Family Rights Act (CFRA) and Bereavement Leave laws.

Additionally, agreements were made to revise language for clarification and/or improvements to the operational procedures for the following:

Section 4.4 Uniform Allowance
Section 5.3 Medical In-Lieu
Section 6.2 Payment for Unused Sick Leave
Section 6.3 Bereavement Leave
Section 6.4 Administrative Leave

FISCAL IMPACT
The estimated cost of this MOU is projected to cost an estimated up to $42,291 annually over the life of the contract; an increase of up to $21,560 over the approved budget.

STAFF COMMUNICATION WITH THE PUBLIC
There has been no communication with the public.

CONFLICT OF INTEREST
There is no conflict of interest.

PMA MOU
City Council Meeting | July 28, 2026

Page 3 of 3 ends

CONCLUSION
Staff recommends that the City Council adopt the resolution approving the Successor MOU with the PMA for the period of July 1, 2026 through June 30, 2029, authorize the City Manager to execute the Successor MOU on behalf of the City, and approve an amendment to the City’s Classification and Compensation Plan.

PREPARED BY: Lilybell Nakamura, Human Resources Director

ATTACHMENTS
▪ Draft Resolution
o Exhibit A – PMA Memorandum of Understanding (tracked changes) o Exhibit B – PMA Memorandum of Understanding (clean copy) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING

AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

EMERYVILLE AND THE EMERYVILLE POLICE MANAGEMENT ASSOCIATION (PMA), AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING, AND APPROVING THE AMENDMENT TO THE CITY’S

COMPENSATION PLAN IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the current Memorandum of Understanding (MOU) between the City of Emeryville and the Emeryville Police Management Association (PMA) expired on June 30, 2026; and
WHEREAS, City and PMA entered negotiations in good faith for a successor MOU; and WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) the City Manager or designee, as authorized by the City Council, has met and conferred in good faith with the representatives of PMA on matters related to wages, hours, and other terms and conditions of employment; and WHEREAS, the representatives of the City and PMA have reached a tentative agreement to a successor Memorandum of Understanding (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the PMA membership ratified the agreement on July 24, 2026; and WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Emeryville approves and adopts the Successor MOU between the City of Emeryville and the Emeryville Police Managements’ Association and authorizes the City Manager to execute the MOU, and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED, the Memorandum of Understanding (MOU) that if any provisions related to the MOU contained herein are found to be in conflict with provisions of any other previous resolutions related to the MOU, the provisions herein shall prevail.

BE IT FURTHER RESOLVED, that the City Council hereby approves an amendment to the City’s Classification and Compensation Plan to reflect the revisions in compensation provided pursuant to the MOU.

Resolution No. _____

PMA MOU
City Council Meeting | July 28, 2026

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ADOPTED, by the City Council of the City of Emeryville at a Special meeting held July 28, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – PMA Memorandum of Understanding (tracked changes) ▪ Exhibit B – PMA Memorandum of Understanding (clean copy)

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF EMERYVILLE
And

EMERYVILLE POLICE MANAGEMENT ASSOCIATION
JulyAugust 1, 20263, through June 30, 20296

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Table of Contents
Preamble...........................................................................................................................4 Section 1. Association Recognition...................................................................................4 Section 2. Employer's Rights ............................................................................................4 Section 3. Discrimination Prohibited..................................................................................5 Section 4. Salaries and Compensation .............................................................................5

4.1. Cost of Living Adjustments......................................................................................5

4.2.Acting Pay Recruitment and Retention Adjustments..............................................56

4.3. Uniform Allowance Acting Pay................................................................................6

4.4.Education Incentive Uniform Allowance.................................................................67

4.5.Longevity Education Incentive. ..............................................................................67

4.6.Overtime Longevity..................................................................................................7

4.2 Overtime ..................................................................................................................7 Section 5. Group Health and Welfare Benefits..................................................................7

5.1. Medical Benefits .....................................................................................................7

5.2. Section 125 Cafeteria Plan. ....................................................................................8

5.3. Medical In-Lieu/Alternate Benefit............................................................................8

5.4. Dental Benefits .......................................................................................................9

5.5. Vision Care. ............................................................................................................9

5.6. Life Insurance. ........................................................................................................9

5.7 Flexible Spending (FSA) and Dependent Care (DCAP) Accounts...........................9

5.8 Reservation of Rights ............................................................................................10

5.9 Health Care Legislation..........................................................................................10

5.10 Retired Employees Health Benefits .....................................................................10

5.11 Long Term Disability Insurance............................................................................11

5.12 Employee Assistance Program............................................................................11

5.13 Chiropractic Care.................................................................................................11

5.14 Health and Wellness............................................................................................11 Section 6. Paid Time Off .................................................................................................11

6.1 Vacation.................................................................................................................11

6.2 Sick Leave. ............................................................................................................12

6.3 Bereavement Leave...............................................................................................13

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6.4 Administrative Leave. ............................................................................................13

6.5 Holidays .................................................................................................................13

6.6 Floating Holidays ...................................................................................................14 Section 7. Retirement......................................................................................................14

7.1 CalPERS................................................................................................................14

7.6 PARS.....................................................................................................................15

7.7 Deferred Compensation (457B) Contribution.........................................................16 Section 8. Employee Status............................................................................................16 Section 9. Layoff, Bumping and Recall ...........................................................................16 Section 10. Strikes and Lockouts....................................................................................17 Section 11. Miscellaneous...............................................................................................17

11.1 Performance evaluations .....................................................................................17

11.2 General Work Schedules .....................................................................................17

11.3 Flexible Work Schedules......................................................................................17

11.4 Successor Negotiations .......................................................................................17 Section 12. Savings Clause ............................................................................................17 Section 13. Duration/Term of Agreement........................................................................18 APPENDIX A – MONTHLY WAGE SCHEDULE.............................................................19 Side Letter Agreement ....................................................................................................20

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Preamble
This Memorandum of Understanding is entered into pursuant to the Meyers Milias Brown Act (California Government Code Sections 3500, et. seq.) as amended. It has been jointly prepared and is the result of meeting and conferring in good faith and represents the complete understanding between the parties as to all matters upon which the parties reached agreement. Nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent.

The City of Emeryville (hereinafter, "City") and the Emeryville Police Management Association (hereinafter, "EPMA") hereby restate their joint commitment to the achievement and maintenance of a relationship built on open communication which fosters the equitable resolution of the concerns of each part regarding hours, wages, and other applicable conditions of employment.

Section 1. Association Recognition
The EPMA is the recognized and exclusive representative of the bargaining unit consisting of the classifications of Police Lieutenant and Police Captain and has concluded this Memorandum through its authorized representatives.

Section 2. Employer's Rights
The Parties agree that the Employer has the exclusive right to determine, and revise from time to time, the Employer's organizational structure, the Employer's mission, the levels and types of services to be performed, the methods, means, number and type of personnel by which Employer services are performed; the right to subcontract or contract out work performed by bargaining unit members; to determine work rules and attendance standards, standards of duty-related employee conduct; to determine the procedures, criteria, minimum qualifications, desirable qualifications, and other standards and requirements for selection for City employment, transfer or promotion; determine and enforce employee job performance standards, to determine and revise the content of job classifications and the allocation of positions to job classifications in a manner consistent with applicable law and this Memorandum of Understanding; to hire, assign work, and direct the workforce; to evaluate employee performance; to determine the technology and equipment used in the performance of Employer services; to discipline or discharge employees subject to the terms of Section 8 of this Memorandum of Understanding; to lay employees off from work due to lack of funds or work, elimination of a position, reorganization or other lawful reasons; and the right to such steps as it deems appropriate in an emergency. The Employer's exercise of any right under this Section is not subject to the grievance procedure, except to the extent such exercise is expressly abridged by this Memorandum of Understanding.

The Parties acknowledge that they have extensively discussed the Employer's historic exercise of the rights described above and that each made proposals for this Section with respect to the listed rights as well as others potentially affecting the scope of representation. For purposes of determining the scope of the Employer's rights the

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parties agree that any proposal or portion thereof that was not incorporated in the above paragraph shall be deemed a nullity and treated as though the proposal or portion thereof had not been made.

The City shall not be required to meet and confer on any subject preempted by federal or state law nor shall it be required to meet and confer in good faith on management rights as defined in this section unless the exercise of those management rights affects any matter within the scope of representation under Government Code Section 3504.

Section 3. Discrimination Prohibited
The City and the Association agree that they shall not discriminate in any way on account of race, creed, religion, sex, national origin, political affiliation, handicap, age, or sexual orientation. The parties agree that neither will discriminate against an employee because of their legally protected participation in Association activities or because they refrain from such activity.

Section 4. Salaries and Compensation

4.1. Cost of Living Adjustments. Effective the first full pay period following City Council approval of this agreement, all classifications in the bargaining unit shall receive a salary increase of three and a half percent (3.5%).

In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three and a half percent (3.5%) salary increase (including all premium pays) for the period of July 13, 20263, through the implementation of the three and a half percent (3.5%) salary increase referenced above.

Effective the first full pay period in July 20274 all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).

Effective the first full pay period in July 20285, all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).

4.2 Recruitment and Retention Adjustments. Effective the first full pay period following City Council approval of this agreement, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment increase of one and a half percent (1.5%). In addition to the increase, the City will provide a one-time lump sum payment equivalent to the value of a one and a half percent (1.5%) salary increase (including all premium pays) for the period of July 1, 2023, through the implementation of the one and a half percent (1.5%) recruitment/retention market adjustment increase referenced above.

Effective the first full pay period in July 2024 all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).

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Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).

4.3Acting Pay. An employee assigned in writing by the Chief of Police, or the Chief’s designee, to perform all of the ordinary, day-to-day duties of a position of a higher classification for three (3) consecutive days shall be paid an additional five percent (5%) of the regular pay of their own classification, or the first step of the higher classification, whichever is greater, for such time worked in the higher classification.

The Chief of Police or the Chiefs designee shall determine acting assignments.

An employee in an acting assignment must meet the minimum qualifications for the classification in which he/she is assigned to act.

4.4 Uniform Allowance. The City will provide represented employees in the Captain of Police and Lieutenant of Police classifications shall receive an annual allowance of one thousand two hundred dollars ($1,400) each for the purchase of articles required by the City for the affected employee's uniform. The annual allowance will be paid in two installments: one-half (1/2) paid on the first pay date in October and the other half (1/2) on the first pay date in March.

If an employee separates from City Service, for whatever reason (except death), during the year for which the annual uniform allowance has been paid, such payment shall be adjusted on a prorated basis in relationship to the period of service for that year.

A new employee shall receive the total annual uniform allowance of One Thousand Four Hundred Dollars ($1,400), payable on their first paycheck. Thereafter, the uniform allowance in the amount of fifty-three dollars and eighty-five cents ($53.85) will be payable on a bi-weekly basis.

Represented employees in the Lieutenant of Police classification are FLSA exempt and not eligible for overtime pay while performing Lieutenant duties. In the event a Lieutenant performs duties typically performed by the Sergeant classification, as assigned by the Police Chief or their designee, they are eligible for overtime pay at the rate of one and a half times the top step (Step F) base hourly wage rate established for the Sergeant classification.

Damaged Uniform/Personal Property. An employee's uniform damaged in the course of duty beyond repair or collected and secured for evidentiary purposes related to the performance of the employee's duty shall be replaced at no cost to the employee by the City's designated vendor. Other personal property damaged in the course of duty or collected and secured for evidentiary purposes shall be repaired, replaced, or compensated for at fair market value as determined by the Chief of Police.

Replacement or compensation as provided in this subsection 54.4 will not apply to property secured for evidentiary purposes but returned to the employee within fourteen (14) days from the date it is secured.

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4.5 Education Incentive. Effective the first full pay period following City Council approval of this agreement the City will provide employees with a B.A. or B.S. Degree or an Advanced P.O.S.T. certificate will receive a total of seven and one-half percent (7.5%) to their rate of pay.

An additional 2% for a total of 9.5% will be provided for employees with a master’s degree or completion of an executive level training course (FBI National Academy, POST Command College, POST ELI, or PERF Senior Management in Policing training).

4.6 Longevity. Effective the first full pay period following City Council approval of this agreement, the City will compensate each bargaining unit member an additional fourthree percent (43%) longevity pay of their base salary upon completion of their fifth year of regular full-time California sworn law enforcement service. The longevity pay will begin with the first full pay period following completion of the fifth year.

The City will compensate each bargaining unit member who has completed fifteen (15) years of regular full-time California sworn law enforcement service an additional three percent (3%) longevity pay for a total of sevensix percent (76%) of their base salary. The longevity pay will begin with the first full pay period following completion of the fifteenth year.

All credited time must be as a regular full time California sworn law enforcement service.

Non-Emeryville service will be verified at time of hire.

4.7 Overtime. Exempt employees shall not be compensated for overtime, except in those instances where the City is reimbursed by an outside agency for the cost of providing overtime pay for exempt bargaining unit employees at the rate of one and one-half (1½) times the equivalent of the eligible employee’s hourly rate of pay for actual hours worked in excess of forty hours in the employee’s regular work week. In no case shall the exempt employee be entitled to more pay than is reimbursed by the outside agency.

Section 5. Group Health and Welfare Benefits

5.1. Medical Benefits. The City shall continue to contract with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical benefits for eligible active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees.

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The City’s contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892.

Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA). The City's mandatory contributions shall be adjusted annually by the CalPERS board to reflect any change in the medical care component of the Consumer Price Index and rounded to the nearest dollar.

For the purpose of this section, a dependent is defined as a person who satisfies the definition of dependent in the CalPERS medical plan in which the employee is enrolled.

Such dependents must also be enrolled in and covered by the plan. The eligible employee, retiree, or survivor shall be responsible for making any additional contributions needed to pay for this benefit as agreed upon in this Pay and Benefits Plan.

CalPERS may change carriers and plans; the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this section so long as the City contracts for benefits with CalPERS for medical insurance benefits.

5.2. Section 125 Cafeteria Plan. The Employer shall provide a contribution to the Section 125 Cafeteria Plan for each full-time active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the Employer.

The Employer Contribution. The Employer shall provide a contribution to the flexible benefits plan (Section 125 Cafeteria Plan) for each full-time active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the Employer.

Effective calendar year 2024, the Employer will pay 90% of the selected plan premium, which includes the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).

Additional Employee Contributions. The employee will pay 10% of the selected plan premium which shall be withheld from the employee's salary by the Employer on a pretax basis.

5.3. Medical In-Lieu/Alternate Benefit. Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section 5 of this Memorandum of Understanding under the following terms.

Eligibility for receipt of alternative benefits is restricted to those employees for whom no City Employer contribution is made towards premiums for group medical insurance because the employees have opted out and have coverage from a source other than the City. In order to receive the medical in-lieu/alternate benefit, employees must meet all of the requirements of an Eligible Opt-Out Arrangement. The requirements that must be satisfied for the Eligible Opt-Out Arrangement are as follows:

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(a) The Employee must have minimum essential coverage ("MEC") through another source (other than coverage in the individual market and other than individual coverage through Covered California);
(b) The Employee and all individuals in the Employee’s expected tax family have (or will have) the required minimum essential coverage. A Employee’s expected tax family includes all individuals for whom the Employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the Employee's plan year to which the opt-out arrangement applies;
(c) The Employee must provide reasonable evidence of the MEC for the applicable period. Reasonable evidence may include an attestation by the Employee; (d) The Employee must provide the evidence/attestation every Plan Year; (e) The Employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the Plan Year starts; and (f) The medical in-lieu/alternate benefit cannot be made (and the City must not in fact make payment) if the City knows or has reason to know that the Employee or tax family member does not have the alternative coverage.
of coverage said employees have from a source other than the Employer. Written proof of said coverage is required by the Employer.

Employer Contribution. The Employer shall contribute ninety percent (90%) of the Kaiser - Region 1, single party premium per month for alternate benefits for eligible full-time employees who select medical-in-lieu/alternate benefits.

The medical-in-lieu/alternate benefit is provided to the employee as a cash payment.

Available Benefits. Contributions made by the Employer may be applied by the employee to one or both of the following options:

A supplement to the employee's monthly salary. State and Federal taxes will be withheld on any monies applied to this optionas applicable.

Contribution to the Deferred Compensation Plan currently in effect for represented employees, as governed by IRS regulations, must be made on an after-tax contribution basis.

5.4. Dental Benefits. The Employer shall purchase and pay the full cost of coverage for employee and eligible dependent up to the family level.

The Employer reserves the right to provide dental care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing dental care benefits for employees; or through a program of self-insurance. ·

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5.5. Vision Care. The Employer shall pay the full cost of coverage for employee and eligible dependent up to the family level under the Vision Service Plan (VSP).

The Employer reserves the right to provide vision care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing vision care benefits for employees; or through a program of self-insurance.

5.6. Life Insurance. The Employer shall pay the entire cost of providing each regular and probationary full-time employee with group term life insurance equal to the individual's annual base salary (rounded to the next highest $1,000). This policy will include Accidental Death & Dismemberment coverage, and the right of conversion at the time of termination from employment to a form of permanent coverage without medical restrictions, to the extent allowable by the insurance carrier and the law. The payment for such converted coverage shall be the sole responsibility of the individual electing such coverage.

5.7 Flexible Spending (FSA) and Dependent Care (DCAP) Accounts. The Employer agrees to allow employees to designate a specific amount of salary, consistent with applicable public law, to be redirected each month to pay for Health Care and Dependent care costs on a pre-tax basis. The Employer will reimburse such employee on a monthly basis for health care and dependent care from such redirected funds, upon presentation to the designated third-party administrator of a claim and receipt for services rendered.

Any unused funds will be administered in accordance with applicable Federal law.

Federal law limits the circumstances under which an employee may elect benefits and change an election under the Flexible Benefits Plan.

5.8 Reservation of Rights. The Employer reserves the right to provide medical, dental or vision care benefits under a program other than that offered through the CalPERS or other existing benefit arrangements at any time during the term of this Plan. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing medical, dental and vision care benefits for employees; or through a program of self-insurance.

5.9 Health Care Legislation. In the event that either the State of California or the federal government produces legislation which requires a change in the benefits provided under this Plan, or imposes an employee or an employer contribution requirement toward the cost of such benefits, the Employer shall have the right to adjust its contributions so that its total contribution is no greater than is required under this Plan and shall have a duty to provide any benefits lost through such legislation through a supplemental health plan.

In the event that the cost of such additional benefits exceeds the total Employer contribution required by this Plan, employees will be informed of alternative plan design which conforms with the legislation and any necessary adjustments in contribution levels for both the Employer and the employees covered hereunder.

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5.10 Retired Employees Health Benefits. The City shall contribute the following amounts each month on behalf of each eligible retired employee (employees who retired prior to January 1, 1981, are eligible for medical benefits only. Employees who retired between January 1, 1981, and January 1, 1984, inclusive are eligible for Medical and Dental benefits only. Employees who retire after January 1, 1984, are eligible for medical, dental and vision care benefits) for the purpose of providing medical insurance benefits, dental benefits, and vision care benefits for said retired employees and their eligible dependents:

Medical Dental Vision
Retiree $ 182.75 $ 21.57 $ 5.00
Retiree + One Dependent $ 352.75 $ 40.15 $ 8.68
Retiree + Two or more
Dependents
$ 463.25 $ 56.69 $ 8.68
The City’s medical contribution described above includes the PEMHCA statutory minimum employer contribution requirement.

Retired employees who qualify for the Federal Government Medicare Benefits are eligible for Medicare Supplemental coverage only and may not elect any other medical insurance benefit. They remain eligible for dental and vision care benefits as provided herein.

Eligible employees are those who have passed probation, who retire from the City of Emeryville for service or disability, and who have a minimum of five (5) years CalPERS service credit. Additionally, to be eligible for this benefit, the employee's effective date of retirement must occur within one hundred twenty (120) days of the effective date of his separation from employment with the City of Emeryville and they must be enrolled in a medical, dental and vision care plan offered by the City of Emeryville. The surviving spouse of a retired employee who qualifies to receive these benefits is also entitled to receive the benefits in the event a) they were designated by the employee prior to the employee's retirement, to receive a survivor benefit under the California Public Employees' Retirement System (CalPERS) plan, and b) they are receiving said survivor benefit, and c) they are a member of a medical, dental and vision plan offered by the City of Emeryville. In the event a retired employee has designated more than one survivor who satisfies the above criteria, benefit payments made pursuant to this Section shall not exceed the monthly amount recited above for all such eligible survivors of the employee.

5.11 Long Term Disability Insurance. The Employer shall provide, at no cost to fulltime active regular employees, long-term disability (LTD) insurance with a benefit of 60% of the employee's monthly salary, up to a benefit cap of $10,000 per month, less any other income.

5.12 Employee Assistance Program. Employees are eligible to participate in a free, confidential counseling and referral service designed to help them or members of their immediate household resolve personal problems that may be interfering with work and home life. The plan provides a set number of visits per year, at no cost to the employee

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or eligible family members.

5.13 Chiropractic Care. The City shall maintain a self-insured chiropractic benefit of two hundred fifty dollars ($250.00) for verified employee chiropractic services.

5.14 Health and Wellness. Represented employees will be eligible to participate in citysponsored activities at the Emeryville Center for Community Life at the posted Emeryville City resident rate as established, revised, and implemented from time to time at the discretion of the City Council.

Section 6. Paid Time Off

6.1 Vacation. A full-time employee shall accrue vacation leave from the date of the employee's regular appointment by the City. For the purpose of determining the amount of vacation entitlement, an employment year is defined as the period of one year from the anniversary date of such appointment by the City. Except that the City Manager has sole authorization to credit new employees for relevant California law enforcement service. Such accrual and credit may not exceed two (2) times the annual rate of accrual.

Employees hired prior to July 1, 1998:
0 to 9 years: Fifteen (15) days per year
10 to 20 years: Twenty (20) days per year
21+ years: Twenty-five (25) days per year
Employees hired by the Employer after June 30, 1997, and hired by the Employer on or after July 1, 1998:
0 to 4 years: Ten (10) days per year
5 to 10 years: Fifteen (15) days per year
11 to 20 years: Twenty (20) days per year
20+ years: Twenty-five (25) days per year
An employee may use any portion of accrued vacation subject to approval of the employee's immediate supervisor.

If an employee leaves the City's employment and has unused accrued vacation time, the employee shall be compensated for the unused vacation time, at their regular hourly rate.

6.2 Sick Leave. Full-time employees shall accrue sick leave at the rate of ten (10) hours per month in pay status.

When sickness or injury exceeds two (2) consecutive working days or shifts the Department Head may require written medical verification. When such medical certificate is requested, the Department Head shall specify whether it is intended to verify the employee's illness or to release the employee to return to full duty, or both.

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Family Sick Leave. An employee may use accrued sick leave for illness in the immediate family. At the City’s request, the employee will provide satisfactory evidence of the facts justifying such absence. Immediate family shall include employee’s spouse/domestic partner, children (biological, adopted, foster, step, legal wards, or children of domestic partner), siblings (step, half), grandparents, grandchildren, parents (parents-in-law, step-parents) and up to one (1) designated (chosen) person per 12- month.

Payment for Unused Sick Leave
Employees who have at least five (5) years of continuous service and employees who voluntarily resign or retire from the City with at least two (2) weeks' notice of intent, shall have the option of having their unused sick leave balance paid out. Payment of unused sick leave is limited to a maximum of nine hundred sixty (960) hours.

The payment shall be calculated by multiplying the employee's eligible number of unused sick leave hours by 60% of the employee's hourly base rate at time of separation. The City will pay the employee the amount calculated less the applicable VEBA contributions. Refer to the POA CalGOVEBA Agreement.

Any unused sick leave balance above the 960 maximum hours will be reported to CalPERS for service credit consideration.

Employees who do not have a CalGOVEBA terminal leave deferral in their CalGOVEBA agreement and choose to opt out of payment for unused sick leave will have their unused sick leave hours balance reported to CalPERS for service credit consideration.

Payment for Unused Sick Leave. For employees hired before July 1, 2014, if the employee has completed the probationary period, voluntarily resigns from the City with at least two (2) weeks' notice of intent, is separated by the City from non-probationary status, or retires from City service, the City shall pay a portion of sick leave accrued but unused at the rate of sixty percent (60%) of up to nine hundred sixty (960) hours. The payment shall be calculated by multiplying the employee's eligible number of unused sick leave hours times the employee's hourly salary (at time of separation) less the employee's 9% CalPERS contribution.

For employees hired on or after July 1, 2014, if the employee has at least five (5) years of continuous service, voluntarily resigns from the City with at least two (2) weeks' notice of intent, is separated by the City from non-probationary status, or retires from City service, the City shall pay a portion of sick leave accrued but unused at the rate of sixty percent (60%) of up to nine hundred sixty (960) hours. The payment shall be calculated by multiplying the employee's eligible number of unused sick leave hours times the employee's hourly salary (at time of separation) less the employee's 9% CalPERS contribution.

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Upon retirement from the Employer for service or disability, the City will report the remaining balance of accrued but unused sick leave to CalPERS. Public Employees' Retirement System to be converted to service credit in accordance with CalPERS contract.

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An employee may use accrued sick leave for illness in the immediate family. At the City’s request, the employee will provide satisfactory evidence of the facts justifying such absence.

6.3 Bereavement Leave. Time off for a death in the immediate family will be granted for up to a maximum of forty (40) hours. Reasonable proof of death may be required to qualify an employee for bereavement leave.

Immediate family is defined as the employee's spouse/domestic partner, children (biological, adopted, foster, step, legal wards, or children of domestic partner), siblings (step, half), grandparents, grandchildren, and parents (parents-in-law, step).

Employees must have worked for the employer for at least 30 days prior to the leave.

Leave must be completed within three months after the death for whom the leave is being taken.

Bereavement leave is not compensable when the employee is on leave of absence, vacation, bona fide lay-off, or for days falling outside the employee's regular work schedule.

6.4 Administrative Leave. Represented employees that are not eligible for overtime compensation may be granted up to eighty (80) hours of Administrative Leave with pay.

The procedures that govern the grant and use of Administrative Leave are set forth in the Employer's Administrative Instruction Manual or the Personnel Rules.

An employee may elect in advance to cash out up to eighty (80) hours of unused administrative leave at their base rate of pay at time of payment each fiscal year. The Employer may establish and modify the timeframe and deadline for advance election of administrative leave cash out to ensure that such leave is not subject to immediate taxation as income under state or federal law at the time it is credited to the employee.

Eligible employees shall have administrative leave balances automatically cashed out at the end of the fiscal year. In no event will administrative leave be carried forward to the next fiscal year.

Eligible employees may use accrued Administrative Leave with advance scheduling approval of their respective supervisor. Employees who separate from employment with the Employer shall be paid any unused administrative leave up to eighty (80) hours, upon separation.

Definition of Immediate Family. Immediate family is defined as employee's parents, grandparents, spouse, domestic partner, children, brother, sister, foster child, ward of the court, legal guardian, grandchildren, parents of employee's spouse, any person living in employee's household as a family member.

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• New Years' Day (January 1)
• Martin Luther King, Jr. Birthday (3rd Monday in January) • President's Day (3rd Monday in February)
• Memorial Day (last Monday in May)
• *Juneteenth (June 19)
• Independence Day (July 4)
• Labor Day (1st Monday in September)
• Indigenous Peoples' Day (2nd Monday in October)
• Veteran's Day (November 11)
• Thanksgiving Day (4th Thursday in November)
• Day after Thanksgiving
• *Christmas Eve (December 24)
• Christmas Day (December 25)
• *New Year’s Eve (December 31)
*Effective fiscal year 2024-2025.

6.6 Floating Holidays. Effective fiscal year 2023-2024 only, eligible employees shall be granted two (2) floating holidays (sixteen hours) each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year.

Employees shall be granted one (1) additional floating holiday (eight hours) each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year. This additional floating holiday may only be used on the day before Thanksgiving, Christmas Eve or New Year's Eve and may be taken in ½ day increments prorated based on the number of hours in the employee's normal work week. In instances where an employee is required to work or if the specific days mentioned above fall on their regular day off, the Employer's Administrative Instruction 1114 shall govern the terms and manner of holiday observance and compensation.

Section 7. Retirement

7.1 CalPERS. Except as provided in subsection 7.2 and 7.3 of this section, the Employer will contract with the California Public Employee Retirement System (CalPERS) for the 3% at Age 55 pension benefit formula for eligible employees covered by this Memorandum of Understanding who are employed in classifications deemed eligible by CalPERS to participate in the CalPERS "miscellaneous" pension benefit system.

7.2 Except as provided in this subsection 7.2, the Employer will contract with the relevant entity (e.g., CalPERS) to provide eligible police management employees covered by this Memorandum of Understanding who are employed in classifications deemed eligible by CalPERS for CalPERS "safety" benefit plan participation with the same pension formula applicable to Police Officers (in the case of police management personnel). If benefits are modified for Police Officers for employees hired after a specified date(s), Police managers in the bargaining unit hired after such modification takes effect shall be subject to such modified benefit formula or other affected pension benefit provisions.

7.3 Employees hired on or after January 1, 2012, into a classification deemed eligible by CalPERS eligible for CalPERS "safety" pension benefit plan participation shall

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participate in the Public Employee Retirement System under the "3% at 55" formula, with a highest average annual compensation earnable for a 12- or 36-consecutive month employment period for pension calculation.

7.4 All employees participating in the CalPERS safety pension benefit system will pay nine percent (9%) plus the five percent (5%) employee pick up for a total of fourteen percent (14%) of their pensionable compensation toward the CalPERS employee contribution, in accordance with the CalPERS contract, effective July 1, 2017. Police Managers shall make the same level of contributions as Police Officers enrolled in the CalPERS "safety" benefit plan.

7.5 Effective January 1, 2013, newly hired employees that are considered "new members" in accordance with the Public Employees' Pension Reform Act (PEPRA) will be enrolled under the CalPERS Safety Employee 2.7%@ 57 retirement formula plan (average annual pensionable compensation for a 36-consecutive month period and Level III Survivor Benefits plan), in accordance with applicable law and PEPRA.

Employees enrolled in the 2.7% @ 57 shall contribute to the CalPERS each pay period in accordance with the PEPRA provisions. Government Code Section 7522.10 of the PEPRA law provides the authority for the earnings limit for all PEPRA members.

7.6 PARS. Public Agency Retirement System. Effective July 1, 2019 the City will maintain a contract with the Public Agency Retirement System ("PARS") whereby retiring employees who were formerly members of the Emeryville Police Officer Association bargaining unit, hired before the effective date of the second tier CalPERS formula the City adopted pursuant to section 8.2 above, will be eligible for a supplemental pension benefit that, in combination with their CalPERS "3%@ 55" benefit will provide them with a total lifetime benefit that equals three percent (3%) of their highest year's pensionable compensation at age 50 (up to a maximum benefit equal to 90% of those wages). The PARS supplemental pension benefit includes a two percent (2%) compounding annual cost of living increase on the anniversary date of the employee's retirement. Subject to any modification that the City and Association may hereafter negotiate, vesting in and eligibility to receive this supplemental benefit will not occur until and unless the employee simultaneously retires from the City through CalPERS and PARS with at least fifteen (15) years of City service at or after age 50. The PARS benefit provided under this section shall only be payable for periods that the employee remains simultaneously retired under CalPERS.

The City shall determine the investment mix for its PARS benefit fund, within the range of options offered through PARS.

An updated actuarial study of the cost of the PARS benefit shall be performed each year, with adjustments to occur the following July 1. PARS shall select the actuary to perform such studies. All documents transmitted between PARS and the City pertaining to such study shall be copied to EPMA. The actuarial methodology employed shall be substantially the same as that used in the study performed prior to the final agreement reached between the parties to provide this benefit. The parties acknowledge that the assumptions included a seven percent (7%) rate or return on investment, a twenty (20) year amortization period for unfunded liability, and a payroll growth rate of 3.25% per

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year. However, pursuant to the recommendations of the actuary retained by PARS, reasonable variations or changes in methods and assumptions may be implemented by the City to reflect the recommended actuarial practices, changes in actual and expected rates of return on investment, salary growth rate, retirement behavior, unit demographics, etc. The City shall promptly notify the affected labor groups of any recommended changes in assumptions or methodology and, on request within seven (7) days of such notice, meet with EPMA to discuss the changes before they take effect.

If the actuarially determined contribution necessary to fully fund the PARS benefit provided herein exceeds four and one-half percent (4.5%) of CalPERS-able pay, the excess shall be offset by a uniform reduction of the wage schedule until the excess no longer exists.

If state law is hereafter modified to mandate CalPERS Safety benefit or contribution changes for bargaining unit members who are subject to the PEPRA 2.7% at age 57 Safety benefit formula, such modification will take effect at the time and in the manner specified by law. If changes in benefits or contributions are adopted by the City for other CalPERS Safety benefit members who are subject to the PEPRA 2.7% at age 57 Safety benefit formula, but who are not in the bargaining unit, such changes shall also take effect at the same time for members of the bargaining unit insofar as practicable.

7.7 Deferred Compensation (457B) Contribution. Effective July 1, 2019, eligible employees thereafter shall have deposited into their 457 Deferred Compensation account a flat amount of twenty-five dollars ($25) in the first full pay period following each full month of employment. To be eligible for the City contribution, a bargaining unit member must be enrolled in the City 457 Deferred Compensation Plan on the date of payment and must have been in a paid status for all of the month prior to the date of payment.

Section 8. Employee Status
Regular full-time employees in positions in non-at will classifications shall serve a sixtwelve (612) month probationary period in each such classification to which they are appointed and may be terminated during such probationary period at the discretion of the Employer.

The Employer may, at its option, extend the probationary period by sixthree (63) months.

After successful passage of such probationary period, disciplinary action or termination of such employee shall be subject to the conditions set forth in the Employer's Personnel Rules for non-at will employees. If a non-at will employee believes that discipline against or discharge of the employee violates the Employer's Personnel rules governing discipline or discharge or any provision of this Memorandum of Understanding such action may be appealed exclusively through the grievance procedures set forth herein.

Section 9. Layoff, Bumping and Recall
Those employees in at-will status, as determined by the Employer pursuant to the Employer's Personnel Rules, have no rights under this Memorandum of Understanding or Employer's Personnel Rules with respect to layoff, any bumping or other placement following layoff, or recall. Other bargaining unit members shall have those bumping rights provided by and subject to the terms of the Employer's Personnel Rules.

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However, such employees may not bump into any position in which they have not passed probation within the two years preceding the effective date of layoff. Further, the Employer may exempt an employee from layoff or bumping, notwithstanding the superior seniority of other employees, based on the Employer's determination of its needs for special skills or performance capability.

Section 10. Strikes and Lockouts
Employees represented by the EPMA shall not engage in any illegal strike, walkout, work stoppage, slow down or other interference with the conduct of City operation. Any employee engaged in such activity which is illegal may be subject to disciplinary action.

The City shall not engage in any illegal lockout of employees covered by this agreement.

Section 11. Miscellaneous

11.1 Performance evaluations. Performance evaluations will be conducted as provided by the Employer's Personnel Rules. Evaluations of employee performance are not subject to the grievance procedure.

11.2 General Work Schedules. Work schedules for each position shall be established by the Department Head who may change such schedules from time to time based on the needs of departmental operations.

11.3 Flexible Work Schedules. Flexible schedule requests will be administered in accordance with Administrative Instruction 1125.

11.4 Successor Negotiations. Negotiations for a successor to this MOU shall begin no later than ninety (90) days before the termination date of this MOU. Each party will notify the other of their respective designated chief spokesperson at least fourteen (14) days in advance of the initial meeting date agreed upon by the parties, and of changes thereafter as they occur.

The Employer will release from scheduled duty up to three employees selected by the Association to participate in negotiations. Such release from duty will be paid to the extent required by law. Participation in negotiations does not release any employee from their normal work responsibilities or in situations requiring immediate attention.

Section 12. Savings Clause
If any provision of this Agreement should be held invalid, or restrained by law, or nullified by any court of competent jurisdiction, the remainder of this agreement shall not be affected thereby. Further, the parties to this Agreement shall meet and confer in good faith for the sole purpose of negotiating a mutually agreed upon substitute provision.

Section 13 Grievance Procedure

13.1 Definition
A grievance is a dispute which the employee or the Association alleges a breach of

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this written Memorandum of Understanding.

13.2 Filing Deadline
A grievance must be filed within ten (10) workdays of the date of the alleged breach, or within ten (10) workdays of the date on which the employee or Association knew or should have known of the facts giving rise to the alleged breach. If both were aware or should have been aware of such facts, the earlier date will trigger the running of the time limit.

13.3 Grievances - Form and Content
At each step of the Grievance Process, the grievance must be presented in writing and contain the following information:

A. If the Grievant is an employee, the Grievant' s name, classification, work location, work phone number and signature. If the Association is the Grievant, then the name, address and phone number of the Association representative for the grievance;
B. The date the alleged breach occurred and the date on which the grievant was or should have been first aware of the alleged breach;
C. The section(s) and subsection(s) of this Memorandum of Understanding and a statement of the relevant facts that the grievant believes demonstrates the alleged breach.

D. The facts establishing the alleged breach including but not limited to the name(s) of witnesses, what they saw, dates of relevant events, identification and copies of documents and other physical evidence;
E. A brief narrative explaining how the alleged facts establish the alleged breach; and
F. The specific make remedy sought.

13.4 Grievance Processing
A. The grievant shall initially file the grievance with the Director of Human Resources. The Director of Human Resources (or designee) will respond to the grievance in writing within ten (10) workdays after receipt of the grievance.

B. If the grievance is denied by the Director of Human Resources (or designee) or if the Director of Human Resources (or designee) does not respond to the grievance, the grievant must deliver it to the City Manager within ten (10) work days after the date the response of the Director of Human Resources is received or, if no response is made, of the date it is due, whichever is earlier.

C. The City Manager will respond to the grievance in writing within thirty (30) days.

If no response is made, the grievance shall be deemed denied. The decision of the City Manager will be final and binding on the employees, Association, and the Employer.

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D. In the case of a belatedly discovered but timely grievance, the Director of Human Resources or the City Manager may grant any compensation due to the grievant retroactive to no earlier than sixty (60) days prior to the date the grievance was filed.

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Section 143. Duration/Term of Agreement
This Memorandum of Understanding will remain in full force and effect from the date it is ratified and adopted by the City Employer through June 30, 20296.

Done this day, October 4th, 2023.

For the City: For PMA:
______________________________ ______________________________ LaTanya Bellow, City Manager Pablo Rojas, President and Treasurer ______________________________ ______________________________ Jeff Bailey, Chief Negotiator Nicholas Calonge, Vice President ______________________________ ______________________________ Lilybell Nakamura, Human Resources r Richard Lee, Secretary ______________________________ ______________________________ Pedro Jimenez, Assistant City Manager
______________________________
Qiana James, Sr. Human Resources Analyst
Approved as to Form:
______________________________
John Kennedy, City Attorney/Legal Counsel

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APPENDIX A – BIWEEKLY MONTHLY WAGE SCHEDULE
Effective July 26, 2026October 16, 2023
Step A B C D E
Lieutenant - - 14,2456,771
.85
15,3527,298
.10
16,4597,824.
36 Captain - - 16,1127,659
.40
17,5148,325
.89
18,9168,992.
38 Effective first full pay period in July 20247
Step A B C D E
Lieutenant - - 14,9587,110
.80
16,1207,663
.20
17,2828,215
.60
Captain - - 16,9188,042
.56
18,3908,742
.32
19,8629,442
.09
Effective first full pay period in July 20258
Step A B C D E
Lieutenant - - 15,7057,4

65.92 16,9268,04

6.36 18,1468,62

6.33 Captain - - 17,7648,4

44.73 19,3099,17

9.20 20,8559,91

4.15

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Side Letter Agreement between
The City of Emeryville and
Police Management Association
Pursuant to the provisions of the Meyers-Milias Brown Act (“MMBA”), this Side Letter of Agreement (the “Side Letter Agreement”) is entered into on October 4, 2023 between the City of Emeryville (“City”) and the City of Emeryville Police Management Association (“PMA”) (collectively “Parties” or individually “Party”). The purpose of this Side Letter Agreement is to implement dues deductions for PMA members as soon as practical.

It is understood and agreed that the provisions contained in this Side Letter Agreement are intended to apply only until such time that the parties enter into a full memorandum of understanding to include language regarding dues deductions.

The City and the PMA have met and conferred in good faith in accordance with the MMBA, concerning the terms and conditions of the Side Letter Agreement and its implementation and agree to the following:

Section 1: Recognition
Pursuant to the MMBA and applicable City rules and regulations, the PMA is certified as an employee organization and has been recognized as the exclusive representative of the bargaining unit comprised of City employees in the classifications Lieutenant and Captain.

Section 2: PMA Dues
a. All employees within the bargaining unit identified in Section 1 of this Side Letter Agreement may voluntarily join the PMA and pay dues, initiation fees, and general assessments as set by the PMA (hereinafter “payroll deductions”). b. It is understood that all bargaining unit members who decline to join the PMA may forego certain benefits exclusively provided via the PMA and its members. c. The City agrees to deduct the payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form. The PMA will provide the City a Certified Written Member List showing employees who have voluntarily executed a dues deduction form. All sums deducted by the City shall be remitted to the PMA in an expedient manner after such deductions are made. The City shall also promptly provide the PMA with a list of names of each employee for whom a deduction was made and the amount of said deduction.
d. If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the PMA.

Any such dues revocation or cancellation shall only be effective when submitted by the PMA directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization and the PMA’s Bylaws. e. The City shall make payroll deductions in reliance on the PMA’s certification certifying that the PMA has and will maintain an authorization, signed by each member employee who affirmatively consents to pay PMA membership dues.

Similarly, the City shall only cancel or modify any membership dues or any other

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mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by the PMA. f. The employer shall not be liable to the Association, employees or any party by reason of the requirements of this side letter for the remittance or payment of any sum other than those constituting actual deductions made from employee wages earned. The Association shall save City harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City pursuant to this Side Letter Agreement.

Dated this 4th day of October 2023.

For the City:

Paul Buddenhagen, City Manager Oliver Collins, Captain
Lilybell Nakamura, Human Resources Director Fred Dauer, Lieutenant Pedro Jimenez, Assistant City Manager Robert Alton, Lieutenant Approved as to Form:

For the Association:

John Kennedy, City Attorney/Legal Counsel

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF EMERYVILLE
And

EMERYVILLE POLICE MANAGEMENT ASSOCIATION
July 1, 2026, through June 30, 2029

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4.1. Cost of Living Adjustments......................................................................................5

4.2.Acting Pay ..............................................................................................................6

4.3. Uniform Allowance .................................................................................................6

4.4.Education Incentive . ...............................................................................................7

4.5.Longevity . ...............................................................................................................7

4.6.Overtime .................................................................................................................7 Section 5. Group Health and Welfare Benefits..................................................................7