Agenda packet — Monterey City Council, August 20, 2024 (part 1 of 2)

Council Chamber
580 Pacific St.

Monterey, California
and Teleconference Location:

JW Marriott Austin, Room 541,
110 E 2nd St, Austin, Texas
City Council Agenda
Council Regular Meeting

AMENDED AGENDA
Tuesday, August 20, 2024
4:00 PM – 6 PM
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
City Manager
Hans Uslar
HOW TO PARTICIPATE IN THIS MEETING:
 Written comment: Members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.gov/submitted-comments. All comments received become part of the record.
 In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.
 Remote via ZoomGov Webinar:
o Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another.  Enter Webinar ID: 160 772 9333 #
 If prompted to enter a participant ID, press #
 To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay).

PUBLIC COMMENT PROCEDURES AND TIME LIMITS:

The total amount of time allocated for public comment on a particular issue and for each individual speaker is generally as follows:

1. Up to three minutes per speaker.

2. For regular City Council meetings, there are two 15-minute public comment periods, one in the afternoon and one in the evening. Speakers may only comment during one session.

3. The total time allocated for public comment:
a. Items pulled from the consent agenda – 15 minutes each item b. Public Appearance items – 30 minutes each item
c. Public Hearing items – 30 minutes each item
d. Closed session items – 15 minutes each item
At the time an item is considered, the Mayor will ask those attending the meeting in person to line up at the podium or raise their hands, and for remote participants to use *9 on the telephone or the “raise hand” function in Zoom, if they wish to address the City Council. The maximum amount of time for each person to speak and the total amount of time allotted for each item will be determined based on the number of people indicating an interest in speaking and the amount of business to be conducted on the agenda. In exceptional circumstances and when necessary to ensure a full opportunity for public input, the Mayor may, with the legislative body’s consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. 8/20/2024 4:00:00 PM
2 CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

TELECONFERENCE NOTICE
Pursuant to California Government Code Section 54953(b)(3), this City Council meeting will include teleconference participation by Mayor Williamson from the remote location listed above, which shall be accessible to the public pursuant to California Government Code Section 54954.3.
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Recognition of Defense Language Institute Quarterly Joint Service Awards for Third Quarter FY24 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

GENERAL PUBLIC COMMENTS
The public may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction.

CONSENT AGENDA
All matters listed under Consent Agenda are routine and will be adopted by one motion unless a member of the City Council or the public requests discussion or a separate vote.

Approval of Minutes

2. July 18, 2024 Special Joint Meeting with Neighborhood and Community Improvement Program (NCIP) Committee (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

3. August 6, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts

4. Award a Construction Contract in the Amount of $1,021,345.00 to Boneso Plumbing & Mechanical for Replace Boiler Various Locations at Presidio of Monterey (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g)(1), CEQA Not a Project) ***IGSA*** 8/20/2024 4:00:00 PM
3 Resolutions
A resolution is an expression of opinion or evidence of a decision made by the City Council and often relates to administrative business of the City. Resolutions generally become effective immediately upon adoption.

5. Adopt and Approve Funding for Fiscal Year 2024/25 Community-Wide Forest Management & Fuel Reduction Project, Neighborhood and Community Improvement Program ***NCIP*** (Mitigated Negative Declaration approved on October 25, 2022)

6. Approve an Amendment to the Memorandum of Understanding (MOU) Between the Monterey Regional Waste Management District (ReGen Monterey) and Member Agencies Regarding Compliance with Organic Waste Recycling and Food Recovery Laws (SB 1383) to Include FY 2024-25 Costs of $44,867 for These Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

7. Award a Professional Services Agreement for On-Call Civil Engineering Services with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to Whitson & Associates, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

8. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Fire Fighters’ Association (MFFA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

9. Approve the Memorandum of Understanding between the City of Monterey and the General Employees of Monterey (GEM) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

10. Approve the Memorandum of Understanding between the City of Monterey and the Management Employees’ Association (MEA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

11. Amend Resolution 24-098 and Amend the FY 2024-25 Budget to Allocate Salary Adjustments Related to the City’s Compensation Study, Deferred Compensation Increases, and Fire Department Staffing Increases and Updating the Position Control List (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Other

12. Receive Update on the 2024 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) *** End of Consent Agenda ***

PUBLIC APPEARANCE
Public Appearance items are on non-routine issues that might stimulate public interest and comments.
8/20/2024 4:00:00 PM
4 13. Deny Appeal of Encroachment Permit #MENT 24-1038 871 Alice Street #26– POD in Public Right of Way; Applicant Greg Lindahl; Appellant Colin Gallagher (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

14. Authorize City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)

15. Authorize a Second Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)

COUNCIL COMMENTS
Councilmembers may ask a question for clarification, make a brief announcement, or make a brief report on their activities. In addition, Councilmember or the City Council may provide a referral to staff or other resources for factual information. (Government Code section 54954.2(a)(3).)

CITY MANAGER REPORTS
The City Manager may make a brief report on their activities or a brief announcement. They may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.
*** Adjourn to Closed Session (See additional agenda) *** The City Council will take public comments on closed session items before convening to closed session.

ADJOURNMENT
Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.gov/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.

Information distributed to the Council at the Council meeting becomes part of the public record. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

Voicemail: (831) 646-3799 Email: [email protected] Website: http://www.monterey.gov INTERPRETATION: The Monterey City Council invites and encourages public participation at its meetings. Requests for language interpretation may be made by contacting the City Clerk at [email protected] or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance. Requests should be made as soon as possible in advance of any meeting of the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation.

ACCESSIBILITY: The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-

35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communicationrelated assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. 8/20/2024 4:00:00 PM
5 Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
№09/24
FROM: Hans Uslar, City Manager
Prepared By: Hayley Goodwein, Administrative Assistant
SUBJECT: Recognition of Defense Language Institute Quarterly Joint Service Awards for Third Quarter FY24 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council recognize the winners of the Third Quarter FY24 Joint Enlisted Board (JEB) Awards.

VALUE DRIVERS:

Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

POLICY IMPLICATIONS:

Support our military installations (U.S. Army Garrison Presidio of Monterey, Naval Support Activity Monterey, and U.S. Coast Guard Station Monterey) as significant economic drivers in the region.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Date: 8/20/2024
Item No.: 1.

Council Regular Meeting, 8/20/2024, Item No. 1., Item Page 1, Packet Page 6 ALTERNATIVES CONSIDERED:

The City Council could choose not to recognize the winners of the Third Quarter FY24 Joint Enlisted Board (JEB) Awards.

DISCUSSION:

The Defense Language Institute, Foreign Language Center (DLIFLC), located in the U.S. Army Garrison Presidio of Monterey, trains military service members in all military branches. DLIFLC conducts a protocol known as the Joint Enlisted Board (JEB) each quarter to assess the motivation, knowledge, and ability to go above and beyond that of the average Soldier, Marine, Sailor, and Airman.

Noncommissioned officers, petty officers, and junior enlisted from each branch compete by displaying their knowledge in a variety of joint service subjects, including History of the Presidio of Monterey and DLIFLC, Current Affairs and World Events, Customs and Courtesies, Uniform Code of Military Justice, Military Leadership, and more. The service member's many weeks of studying and competing in unit boards culminate with an appearance before the DLIFLC Joint Enlisted Board.

As part of the City of Monterey’s longstanding relationship with the DLIFLC and Presidio of Monterey, the City Council frequently recognizes and honors these dedicated award recipients.

The Mayor and City Council will recognize the winners of the Third Quarter FY24 DLIFLC Quarterly Joint Service Awards at its meeting on August 20, 2024:
 Airman 1st Class Domenic Medina, from the U.S. Air Force 517th Training Group  Sergeant Jesse Morgan, from the U.S. Marine Corps
 Technical Sergeant Siena Trujillo, from the U.S. Air Force 517th Training Group HU/hg
Attachments: 1. Proclamations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 1., Item Page 2, Packet Page 7 ATTACHMENT 1
Council Regular Meeting, 8/20/2024, Item No. 1., Item Page 3, Packet Page 8 ATTACHMENT 1
Council Regular Meeting, 8/20/2024, Item No. 1., Item Page 4, Packet Page 9 ATTACHMENT 1
Council Regular Meeting, 8/20/2024, Item No. 1., Item Page 5, Packet Page 10

MINUTES

SPECIAL JOINT MEETING OF CITY COUNCIL AND

NCIP COMMITTEE

CITY OF MONTEREY
Thursday, July 18, 2024
7:00 PM
HILLTOP PARK CENTER, UPPER ACTIVITY ROOM, 871 JESSIE ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
NCIP Committee
Neighborhoods

Present: Aguajito Oaks (Purdy), Alta Mesa (Stocker), Casanova-Oak Knoll (Schmidt), Deer Flats (Cohick), Del Monte Beach (Fields), Del Monte Grove-Laguna Grande (Hanson), Downtown (Tipton), Fisherman Flats (Baker), Glenwood (Whitney), New Monterey (Ogbonna), Oak Grove (Adam), Old Town (Ricketson), Skyline (Duke), Villa Del Monte (Jennings)

Absent:

Unrepresented:

City Staff

Present:

Monterey Vista (Jannasch)
Naval Support Activity and Presidio of Monterey
City Manager, Assistant City Manager, City Attorney, Parks and Recreation Director, Public Works Director, City Clerk, Senior Engineer, Recording Secretary, Systems Analyst, Deputy Public Works Director/City Engineer, Recreation Manager, Recreation Supervisor, IT Applications Engineer II, General Services Superintendent

CALL TO ORDER
Mayor Williamson called the meeting to order at 7:00 p.m. City Clerk Klein called the roll with the Council and Neighborhood and Community Improvement Program (NCIP) Committee present as indicated above. All attending members of both the Council and the NCIP Committee were present in person in the Upper Activity Room.

PUBLIC APPEARANCE

1. Overview of the Neighborhood and Community Improvement Program (NCIP), Current Status of the NCIP Program, Condition of City Infrastructure, and the NCIP Committee/City Council Relationship (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Received presentation and discussed
City Manager Uslar, Assistant City Manager Rojanasathira, Senior Engineer Paulding, and Public Works Director Renny gave the staff presentation and answered Councilmembers' and NCIP Committee members' questions together with Mayor Williamson.

Public comment was received from: Luis Osorio, who stressed that the Council has the full authority on using NCIP funds and recommended that the City allocate a percentage to public Date: 8/20/2024
Item No.: 2.

Council Regular Meeting, 8/20/2024, Item No. 2., Item Page 1, Packet Page 11 City Council Minutes July 18, 2024
2 facility maintenance; Tom Reeves, who asserted that there were still neighborhood-based projects needing to be addressed and that NCIP was not driving the City into financial ruin; Pat Venza, who urged the NCIP Committee and City staff to work together to ensure each annual program is consistent with staff's capacity; Jean Rasch, who said that the City should submit its infrastructure and maintenance projects to the NCIP Committee for consideration through existing NCIP procedures; Rick Heuer, who said that the NCIP was not to blame for how funds had been spent and stated that a large percentage of NCIP funds had gone to maintenance projects; Adam Pinterits, who said City staff should not take comments personally and urged the Council to listen to its dedicated NCIP Committee members; an unidentified woman, who said that it was too bad that staff had chosen to disrespect the NCIP and NCIP Committee representatives; Roberta Myers, who said that the City should have realistic Capital Improvement Program (CIP) funding and urged the Council not to coopt NCIP funding for CIP projects; Bob Evans, who urged City staff to bring needed infrastructure and maintenance projects to the NCIP Committee for consideration; Esther Malkin, who thanked past and current NCIP Committee members and welcomed new ones and praised staff for doing a lot for NCIP with existing resources; and Lori Mazzuca, who said she would have liked to have heard NCIP Committee's presentation and said that the meeting did not feel collaborative. During public comments, Councilmember Barber left the room at 8:37 p.m. and returned at 8:39 p.m.

On discussion with NCIP Committee Chairperson Fields, Mayor Williamson allotted the NCIP Committee time to make a presentation. NCIP Committee Chairperson Fields made the presentation.

Mayor Williamson reopened public comments to hear remarks on the NCIP presentation, which were limited to one minute per speaker in the interest of time. Public comment on the NCIP presentation was received from: Jean Rasch, who complimented the presentation; Adam Pinterits, who stated that the City had a spending problem; Rick Heuer, who added that the City also had a collaboration problem and should give more credit to the NCIP Committee; Howard Fosler, who said that the City received more Transient Occupancy Tax than any other city in the county and that it was important for City residents to have a say in how the money was spent; and Esther Malkin, who said there wasn't just a spending problem but a problem with how staff has handled projects including pulling them without explanation.

The NCIP Committee discussed the matter. Comments were made stating that even without the NCIP, the City still had a mismanaged budget and that it was the City Council's job to find the funding for its infrastructure and maintenance projects. It was stated that the NCIP was not material to the larger City budget but was very material to the residents of Monterey. It was stated that the NCIP Committee should have heard about the City's serious needs sooner. It was stressed that anyone could submit a project to the NCIP by the deadline, and that the City was urged to follow the process. Comments were made that referred to the past relationship between Neighborhood Associations and the NCIP Committee. It was stated that the NCIP Committee had a lot of knowledge and took their jobs seriously to try to help the City. It was suggested that there should be a mechanism by which older projects that had not yet been completed could be let go of, in order to start fresh and move forward productively. It was stated that the City had a communication problem and that City projects had been pushed to the NCIP Committee with a feeling that questions were not allowed. It was stated that this meeting would hopefully provide a reset and begin to work toward resolving communication issues, because everyone had the same goal to make the City the best, and compromises would be needed from both sides.

The City Council began to discuss the matter. On question, City Manager Uslar stated that the City's projects had been submitted in February 2024 with the other NCIP projects, and that the City followed the NCIP process. He stated that nothing had been sprung on the Committee. The Council Regular Meeting, 8/20/2024, Item No. 2., Item Page 2, Packet Page 12 City Council Minutes July 18, 2024
3 Council said that this was an opportunity for the Council to look at the NCIP timeline and figure out when to bring City projects to the NCIP. It was suggested by the Council that they could meet with the NCIP Committee annually.

City Manager Uslar clarified to correct misconceptions that had been stated regarding the City's budget. He shared the percentage of funds that went to City employees to conduct the services expected by the public. He said that the pie chart shared by NCIP Chairperson Fields had been inaccurate when compared to the actual discretionary funds available to the City. Assistant City Manager Rojanasathira made a verbal presentation explaining details of the City's special funds and budgeting.

Regarding designating a percentage of NCIP funds for maintenance, City Manager Uslar stated that when the City brought projects to the NCIP it was pointed out what amount would be needed for maintenance. NCIP Committee members stated that the NCIP had funded maintenance projects in the past and supported such projects, and that they just needed to understand the funding better and know the City's maintenance needs before they made decisions in the annual NCIP cycle. It was stated by the NCIP Committee that having a City Council liaison to the NCIP would be great to improve collaboration and communication. City Manager Uslar said that the Charter prohibited allocating NCIP funds for ongoing maintenance.

He said that the City and the NCIP Committee needed to be able to agree on the semantics of what counted as maintenance.

The Council continued to discuss the matter. It was expressed that the NCIP was a valuable program that should be protected, and that the Council had the intention to make it work. It was stated that it would help to differentiate infrastructure needs that had existing funding sources.

The Council asked to learn more about what was legally allowed for attending other public meetings, such as NCIP Committee meetings, without influencing activities and decisionmaking processes.

Regarding the NCIP process, it was stated that it would help for the Council to work with the NCIP Committee to develop a collaboratively determined set of criteria and guidelines. On the other hand, it was stated that the Council should not interfere with the NCIP process, and that the Council's mission, vision, and value drivers served as a guide to the NCIP Committee. It was stated that holding a joint meeting once per year could be good. It was stated that the Council, NCIP Committee, and staff should work together on refining processes and improving communications, including collaborating to find out what timeline works well for all for bringing City projects to the NCIP, and coming to a joint understanding on what maintenance means for NCIP projects. It was stressed that every resident should have a say in NCIP projects, regardless of whether they pay dues in a neighborhood association. It was suggested to have an annual limit of the number of projects that would actually be doable per staff capacity. It was noted that certain projects were brought to the NCIP that maybe shouldn't, such as fuel reduction, because there was not sufficient funding except through the NCIP. It was stated that it would be problematic if it weren't approved, and if it was always approved, perhaps bringing it to the NCIP regularly was a waste of the NCIP Committee's time. It was stated that there was flexibility at the founding of the NCIP for percentage allocations to different needs, and that the City should be open to that. It was noted that the Mayor was the liaison to the NCIP Committee according to the outside agency appointments chart.

The Council thanked the NCIP Committee for the hours they put into this important volunteer work.

ADJOURNMENT
Council Regular Meeting, 8/20/2024, Item No. 2., Item Page 3, Packet Page 13 City Council Minutes July 18, 2024
4 The City Council and NCIP Committee adjourned at 10:26 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 8/20/2024, Item No. 2., Item Page 4, Packet Page 14

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, August 6, 2024
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Finance Director, Fire Chief, Parks and Recreation Director, Human Resources Director, Public Works Director, City Clerk, Property Manager, Acting Assistant Fire Chief, Division Chiefs (2), Human Resources Specialist, Police Senior Administrative Analyst, General Services Superintendent, Fire Senior Administrative Analyst, Police Lieutenant, Firefighters (2), Fire Engineer, Administrative Analyst (Public Works), Deputy Public Works Director/City Engineer, Planning Manager, Fleet Manager ***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with the Council present as indicated above.

PLEDGE OF ALLEGIANCE
Councilmember Smith led the Pledge.

PRESENTATIONS

1. Receive Presentation from the Central Coast Small Business Development Center (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received presentation
Roger Gilbert, of the Small Business Development Center ("SBDC"), gave the presentation and answered Councilmembers' questions.

Mayor Williamson explained the process that meeting attendees were instructed to follow for making public comment.

Public comment was received from Mira Nissim, who shared the ways that SBDC had assisted her business, and Bryan Rosen, who asked small businesses to be more environmentally conscious.

GENERAL PUBLIC COMMENTS
Based on the number of individuals requesting to speak, Mayor Williamson set the speaking time per person to two minutes for general public comments.

Date: 8/20/2024
Item No.: 3.

Council Regular Meeting, 8/20/2024, Item No. 3., Item Page 1, Packet Page 15 City Council Minutes August 6, 2024
2 Public comment on non-agendized matters was received from: Steven Lightfoot, India Weeks, an unidentified man, Scott, Shy, James Barnes, Mira Nissim, Sharon Dwight, Marta Kraftzeck, Sherri Tuioti, Marina, Jean Rasch, Bryan Rosen, Chris Shake, Lorna Moffat, Esther Malkin of Del Monte Grove/Laguna Grande Neighborhood Association, and Lori Mazzuca.

CONSENT AGENDA
Public comment on the Consent Items was received from Lorna Moffat, who asked for clarification on the proposed salary increase for the positions outlined in Item 6.

Human Resources Director Neal addressed the question received from the public.

On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes

2. July 16, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved
Award of Construction Contracts

3. Award Electrical Contractor Job Order Contracts 2024 for City Projects in the Amount of $1,000,000 to Bear Electrical Solutions, Inc., and $1,000,000 to Collins Electrical Company, Inc. (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution Nos. 24-120 and 24-121 C.S.

4. Award a Construction Contract in the Amount of $813,869.50 to TYMAN Construction, Inc. for the Municipal Wharf 2 Deck Repairs Phase 2 and Ratify Emergency Suspension of Bidding Requirements (Mitigated Negative Declaration adopted by City Council January 21, 2020, Resolution 20-009)
Action: Adopted Resolution No. 24-122 C.S.

Resolutions

5. Authorize the City Manager and Chief of Police to Enter into the 2024 Equitable Sharing Agreement with the U.S. Department of Justice and U.S. Department of the Treasury to Participate in the Equitable Sharing Asset Forfeiture Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-123 C.S.

6. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Police Association (MPA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-124 C.S.

Council Regular Meeting, 8/20/2024, Item No. 3., Item Page 2, Packet Page 16 City Council Minutes August 6, 2024
3 7. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Police Lieutenants' Management Association (PLMA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-125 C.S.

8. Establish Compensation and Benefits Packages for Unrepresented Confidential Management and Non-management Employees, and Regular Part-time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-126 C.S.

9. Adopt a Resolution Authorizing the City Manager to Amend the Fire Services Agreement with the City of Pacific Grove to Add Emergency Medical Services to Include Advanced Life Support (ALS) Services Upon the County of Monterey’s Approval of this Expanded Service Area (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-127 C.S.

10. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with the State of California Governor’s Office of Emergency Services to Accept an Assignment of a 2024 HME Type 1 Fire Engine for Mutual Aid Emergency Incident Response in the State of California (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-128 C.S.

11. Suspend Collection of the Calle Principal Maintenance District (00-01) Assessment Until Next Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-129 C.S.

12. Suspend the Collection of the Alvarado Street Maintenance District 85-1 Annual Assessment this Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-130 C.S.

Other

13. Appoint Vice Mayor Barber as the Voting Delegate, and Mayor Williamson as the Alternate, for the 2024 League of California Cities Annual Conference -- October 16-18, 2024 in Long Beach (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Appointed Vice Mayor Barber as the Voting Delegate, and Mayor Williamson as the Alternate

14. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 171 Wharf II; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Jennifer Towsley (Monterey Fish Company); Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Agency Real Property Negotiators Cole and Aldrete Council Regular Meeting, 8/20/2024, Item No. 3., Item Page 3, Packet Page 17 City Council Minutes August 6, 2024
4 15. Appoint Shelline K. Bennett, Esq. as Agency Negotiator for Unrepresented City Manager and City Attorney (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061)
Action: Appointed Agency Negotiator Bennett
*** End of Consent Agenda ***

PUBLIC APPEARANCE

16. Approve the City of Monterey’s Response Letter to the 2023-2024 Monterey County Civil Grand Jury Final Report “Monterey Fire Department: Overdue for Overhaul” (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the Mayor and City Manager to sign the letter Chief Miller gave the staff presentation and answered Councilmembers' questions.

Public comment was received from: Jean Rasch, who commended Chief Miller's work with the Fire Department and recommended the Council approve the letter; Bryan Rosen, who expressed concern about the salaries earned by the Fire Department staff; and Esther Malkin, who spoke in favor of building a combined and improved public safety facility and defended the salaries earned by the City's first responders.

The Council discussed the matter. It was stated that for multiple reasons it was to the City's benefit to maintain competitive salaries for Fire Department personnel.

On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, the City Council approved the City of Monterey’s Response Letter to the 2023-2024 Monterey County Civil Grand Jury Final Report “Monterey Fire Department: Overdue for Overhaul”:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

COUNCIL COMMENTS
Councilmember Smith reported that he had attended the Transportation Agency for Monterey County (TAMC) Rail Policy Committee meeting and provided a number of updates, including news from the California State Senate and Assembly on funding, of which he said the most significant was the affirmation that TAMC had the funding to prepare an Environmental Impact Report (EIR) on the Rail Study in Pajaro. He explained that this would connect Gilroy to Pajaro/Watsonville and eventually to Salinas. He said he had also attended the regular TAMC board meeting. He said that the Coastal Commission staff were recommending against the SURF! project but that the commission had yet to hear the matter. He said they would hear it at a meeting in September 2024 in Monterey. He stated that some of the discussion in the community was inaccurate and clarified that it was fully funded, with the coastal permit being the last hurdle. He explained that other options had been analyzed for a rapid bus route and none was feasible. He said that analysis from engineering reports showed that the rail currently present would have to be entirely replaced, and he said that in the future if there were to funding for installing rail there would be space for both rail and the SURF! bus line.

Council Regular Meeting, 8/20/2024, Item No. 3., Item Page 4, Packet Page 18 City Council Minutes August 6, 2024
5 Councilmember Barber reported from ReGen Monterey, alerting the public of an important way to prevent fires. She explained that disposing of batteries in the trash can cause fires either in the resident's trash can or at the waste management facility. She asked residents to do their part by putting their expired batteries in plastic baggies and place them on top of their garbage cans on garbage pickup day.

Councilmember Haffa remarked on general public comments that had been made regarding street vending, asserting that City Planning staff needed to be processing requests for permits based on the current policy. He said that if staff felt it appropriate to revisit the ordinance, he was open to it and that it was important that the Council has an opportunity to weigh in.

Mayor Williamson noted that it might be helpful to have an update from staff with regards to what is going on with the street vending permit situation. He reported from Monterey One Water (M1W) and reiterated that the M1W board, through a weighted vote, had decided not to move forward with the transition of sewer rate billing to the County property tax rolls. He expressed dismay with this decision and said that M1W staff had estimated that the decision's total fiscal impact totaled $1.1M, because of sunk costs for the execution of the implementation plan, lost revenue from field inspections, and now increased expenditures associated with needing to reimplement and continue with bimonthly billing. He reminded the public that the City of Monterey had still decided to move ahead with placing the City's sewer rates on the County property tax roll, which he said would serve the City well because he said he felt there was still an appetite from the majority of M1W member agencies to make the same transition after all in the future.

CITY MANAGER REPORTS
None made.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from: Bryan Rosen, who did not speak on topic and instead expressed discontent with Councilmember Smith’s remarks during Council Comments about the SURF! project; Nina Beety, who commented on Items cs3 and cs5, stating that the direction of the City was unhealthy and nontransparent; and Lorna Moffat, who urged the Council to fix trust problems that she said existed in the City.

During public comment on the closed session, Mayor Williamson left the Chamber at 6:14 p.m. and returned at 6:15 p.m., Councilmember Haffa left the Chamber at 6:16 p.m. and returned at 6:17 p.m., and Councilmember Garcia left the Chamber at 6:19 p.m. and returned at 6:21 p.m.

The Council adjourned to closed session at 6:24 p.m.

REPORTS FROM CLOSED SESSION
cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 171 Wharf II
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Jenn Towsley (Monterey Fish Company) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, confidential direction given to property negotiators
Council Regular Meeting, 8/20/2024, Item No. 3., Item Page 5, Packet Page 19 City Council Minutes August 6, 2024
6 cs2. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1):

1. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24CV002533

2. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907) B. Conference with Legal Counsel, Deciding Whether to Initiate Litigation Pursuant to Government Code section 54956.9(d)(4) (One Case) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Items A1 and A2 (existing litigation): No reportable action taken Item B (initiation of litigation): On a unanimous roll call vote, confidential direction was given to legal counsel
cs3. Public Employee Performance Evaluation Pursuant to Government Code section 54957(b)(1)
Title: City Manager
Action: No reportable action taken
cs4. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 Unrepresented Employee: City Manager
Agency Negotiator: Shelline Bennett, Esq.

Action: On a unanimous roll call vote, confidential direction given to agency negotiator cs5. Public Employee Performance Evaluation pursuant to Government Code section 54957(b)(1)
Title: City Attorney
Action: No reportable action taken
cs6. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 Unrepresented Employee: City Attorney
Agency Negotiator: Shelline Bennett, Esq.

Action: On a unanimous roll call vote, confidential direction given to agency negotiator

ADJOURNMENT
The Council adjourned at 8:58 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
Council Regular Meeting, 8/20/2024, Item No. 3., Item Page 6, Packet Page 20 Council
Agenda Report
№08/22
FROM: Andrea Renny, Public Works Director
Prepared By: Richard Llantero, Associate Civil Engineer SUBJECT: Award a Construction Contract in the Amount of $1,021,345.00 to Boneso Plumbing & Mechanical for Replace Boiler Various Locations at Presidio of Monterey (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g)(1), CEQA Not a Project) ***IGSA***
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Approving the plans and specifications for the Replace Boiler Various Locations at Presidio of Monterey Project (“Project”) which are available in the office of the City Engineer (Room 7), and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepting all responsive, responsible bids;

3. Awarding a Construction Contract in the Amount of $1,021,345.00 to the lowest responsive, responsible bidder, Boneso Plumbing & Mechanical, for the POM Replace Boiler Various Locations (POM 22-036) (“Project”);

4. Authorizing the City Manager, or their designee, to execute the contract upon the receipt of information required by the contract; and

5. Authorizing staff to expend up to an additional 15% for unforeseen construction contingencies for timely completion of the Project.

VALUE DRIVERS:

In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns” and Fiscal Stewardship – “Support our military installations (U.S. Army Garrison Presidio of Monterey, Naval Support Activity Monterey, and U.S. Coast Guard Station Monterey) as significant economic drivers in the region.

Date: 8/20/2024
Item No.: 4.

Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 1, Packet Page 21 This action is consistent with the City’s policy to provide services to the U.S. Department of the Army through the Intergovernmental Support Agreement (IGSA) between the City of Monterey and the Federal Government.

This action is also consistent with Chapter 28 of the City Code, which requires Public Works contracts exceeding $150,000 be approved by the City Council.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

On July 16, 2024, five (5) bids were received but only four (4) bids were deemed responsive and were opened by the Finance Director’s designee as follows:

Bidder Total Bid
Boneso Plumbing & Mechanical $1,021,345.00
George H Wilson $1,214,288.00
Stephen Ciari Plumbing and Heating, Inc. DBA Acme Boiler and Water Heating, Co.
$1,259,108.00
CM Construction Services, Inc. $1,489,100.00
Basis of award for this project is based on the Total Bid.

Estimated Construction Cost:

Total Bid $1,021,345
Construction Contingency (15%) $153,201.75
Total Construction Cost (This Authorization) $1,174,546.75 Construction Management (City Staff & Indirect Cost) $40,000.00 Total Estimated Cost to Complete the Project $1,214,546.75 Available Funding Sources:

POM 22-036 $1,356,000.00
This Project has an available funding balance of $1,356,000 as of June 2024. Therefore, funding is available in the project account for the construction of the Project.

ENVIRONMENTAL DETERMINATION:

The proposed action has been reviewed in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion (CX). The proposed action is categorically excluded under the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651-Categorical Exclusions” as follows:

Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 2, Packet Page 22 II(g )(1) Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to: Removal and disposal of asbestos-containing material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of ACM and LBP or work on historic structures).

CEQA applies to discretionary projects. (Pub. Resources Code, § 21080, subd. (a).) CEQA does not apply to ministerial projects. (Pub. Resources Code, § 21080, subd. (b)(1).). There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise.

Here, the City does not have the power to deny or condition the permit, or otherwise modify the project in ways which would mitigate environmental problems an environmental impact report might conceivably have identified. The City does not have the authority to dictate changes to the Army’s project’s design or location in response to any impacts that an environmental review might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

ALTERNATIVES CONSIDERED:

Council could choose not to award the construction contract for the Project; however, this is not recommended as the Project is sufficiently funded and implements necessary repairs critical to the Army’s mission objective.

DISCUSSION:

Under an Intergovernmental Support Agreement (IGSA), the City of Monterey provides services to the Department of the U.S. Army, which are fully reimbursed by the Federal government. The City coordinates a variety of projects on the Presidio of Monterey, Ord Military Community, and Camp Roberts, including this project to upgrade heating hot water boilers at various locations around the Presidio of Monterey.

Project
The objective of this project is to upgrade the boilers in the following buildings: B263, B614, B616, B618, B620, B830, B840, and B842. The boilers in these buildings are all over 20 years old, the oldest one is over one hundred years old, and are low efficiency (≤80%). The new replacement boilers are high efficiency (≥97%) condensing units with outside air reset capability which will result in over seventeen percent energy savings for each boiler.

The work, in general, consists of removing existing boilers and installing new condensing modulating boiler units. The work shall include, but not be limited to, removing existing piping as necessary to remove and dispose of old units and installing, testing, commissioning, and integrating the new equipment to existing control systems. The work is Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 3, Packet Page 23 slated to start mid-September and completed within six months.

On July 16, 2024, the City received five (5) bid proposals, but one was deemed nonresponsive for failure to submit a bid bond in a timely manner. The basis for determining the low bidder is the total bid, and Boneso Plumbing & Mechanical, based in Paso Robles, California, is the low bidder, with a bid proposal of $1,021,345.00.

Due to the uncertainties of working on older equipment in older buildings, including the possibility of environmental mitigation, a fifteen percent (15%) contingency is requested for this work.

Boneso Plumbing and Mechanical has the required license to perform the work and has successfully completed HVAC and plumbing work for both private entities and public institutions within the Central Coast and beyond. Staff has checked the firm’s references and are confident with the ability of the Contractor to complete the work successfully.

RL/pl
Attachments: 1. Resolution

2. Bid Tabulation
e: Boneso Plumbing & Mechanical
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 4, Packet Page 24 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,021,345.00 TO

BONESO PLUMBING & MECHANICAL FOR POM REPLACE BOILER VARIOUS LOCATIONS (POM 22-036) ***IGSA***
WHEREAS on the 16th day of July 2024, at 2:00 p.m. the City of Monterey Finance Director’s designee received five (5) electronic bids through the City’s e-Procurement Portal, OpenGov Procurement, for the POM Replace Boiler Various Locations (POM 22-036) (“Project”);
WHEREAS, Boneso Plumbing & Mechanical, Stephen Ciari Plumbing and Heating, Inc.

DBA Acme Boiler and Water Heating, Co., and CM Construction Services, Inc., submitted responsive, responsible bids for the Project;
WHEREAS, the basis of award for the project was the Total Bid; WHEREAS, Boneso Plumbing & Mechanical, submitted the lowest responsive, responsible bid in the amount of $1,021,345.00;
WHEREAS, sufficient funding is available to complete the project in project accounts POM 22-035; and,
WHEREAS, the proposed action has been reviewed in accordance with the National Environmental Policy Act (NEPA) and determined to qualify for a Categorical Exclusion (CX).

The proposed action is categorically excluded under the provisions set forth in “Part II Department of Defense, Department of the Army, 32 CFR Part 651 Environmental Analysis of Army Actions; (29 March 2002 Edition) Appendix B to Part 651-Categorical Exclusions” as follows:

II(g )(1) Routine repair and maintenance of buildings, airfields, grounds, equipment, and other facilities. Examples include, but are not limited to: Removal and disposal of asbestos-containing material (for example, roof material and floor tile) or lead-based paint in accordance with applicable regulations; removal of dead, diseased, or damaged trees; and repair of roofs, doors, windows, or fixtures (REC required for removal and disposal of ACM and LBP or work on historic structures).

Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 5, Packet Page 25 2 Here, the City does not have the power to deny or condition the permit, or otherwise modify the project in ways which would mitigate environmental problems an environmental impact report might conceivably have identified. The City does not have the authority to dictate changes to the Army’s project’s design or location in response to any impacts that an environmental review might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby:

1. Approves the plans and specifications for the POM Replace Boiler Various Locations (POM22-036) which are available in General Services main office and granting the Public Works Director, or their designee, the authority to approve all amendments and addenda thereto as necessitated by conditions in the field;

2. Accepts all responsive, responsible bids;

3. Awards a Construction Contract for the Total Bid to the lowest responsive, responsible bidder, Boneso Plumbing & Mechanical, in the amount of $1,021,345.00;

4. Authorizes the City Manager, or his designee, to execute the contract upon the receipt of the information required by the Project plans and specifications; and,

5. Authorizes staff to expend up to an additional 15% for unforeseen construction contingencies for timely completion of the Project.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 6, Packet Page 26 City of Monterey
Finance Department
Rafaela King, Finance Director
580 Pacific Street, Monterey, CA 93940

EVALUATION TABULATION
General Solicitation - POM REPLACE BOILER VARIOUS LOCATIONS (POM 22-036)

Page 1 ends

EVALUATION TABULATION
GEN No. TBD
POM REPLACE BOILER VARIOUS LOCATIONS (POM 22-036)
RESPONSE DEADLINE: July 16, 2024 at 2:00 pm
Tuesday, July 16, 2024

SELECTED VENDOR TOTALS
Vendor Total
ALS Construction &
Renovation
$889,750.00
Boneso Plumbing &
Mechanical
$1,021,345.00
George H Wilson $1,214,288.00
Stephen Ciari Plumbing
and Heating, Inc. DBA
Acme Boiler and Water
Heating, Co.
$1,259,108.00
CM Construction Services,
Inc.
$1,489,100.00

BID SCHEDULE
Vendor Total
ALS Construction &
Renovation
$889,750.00
Boneso Plumbing &
Mechanical
$1,021,345.00
George H Wilson $1,214,288.00
Stephen Ciari Plumbing
and Heating, Inc. DBA
Acme Boiler and Water
Heating, Co.
$1,259,108.00
ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 7, Packet Page 27

EVALUATION TABULATION
GEN No. TBD
POM REPLACE BOILER VARIOUS LOCATIONS (POM 22-036)

Page 2 ends

Vendor Total
CM Construction Services,
Inc.
$1,489,100.00
ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 4., Item Page 8, Packet Page 28 Council
Agenda Report
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Reginald Paulding, P.E., Senior Engineer
SUBJECT: Adopt and Approve Funding for Fiscal Year 2024/25 Community-Wide Forest Management & Fuel Reduction Project, Neighborhood and Community Improvement Program ***NCIP*** (Mitigated Negative Declaration approved on October 25, 2022)
RECOMMENDATION:

That the City Council adopt the attached resolution approving funding for the 2024/25 Neighborhood and Community Improvement Program (NCIP) Community-Wide Forest Management & Fuel Reduction Project.

VALUE DRIVERS:

Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.

Foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.

POLICY IMPLICATIONS:

The determination of the projects, priorities and expenditures shall be within the sound discretion of the City Council. (City Charter section 6.6(e).) The recommended action is consistent with Council policy to approve all budget recommendations and with established policy and procedures for adopting the annual NCIP project list and budget (NCIP Policies and Procedure Manual, September 7, 2021).

On June 6, 2024, the NCIP Committee voted on proposed projects for the Fiscal Year 2024/25 Neighborhood and Community Improvement Program. The Community-Wide Forest Management & Fuel Reduction Project received 147 votes out of a possible maximum total of 150 votes, making it the highest ranked project for FY 2024/25.

Pursuant to City Code section 2-4.01(c), on August 13, 2024, the Planning Commission determined this project to be consistent with the General Plan.

Date: 8/20/2024
Item No.: 5.

Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 1, Packet Page 29 №10/24
Funding the Community-Wide Forest Management & Fuel Reduction Project is consistent with City Policy and has been done regularly in prior years as part of the general NCIP Project adoption and funding process. The project has been split out for early adoption and funding this year to meet the existing need in the greenbelts and to continue work in the field. Spring, summer, and fall are the best times to perform fuel reduction. If trees or large tree form shrubs are removed between February 1 and August 31, a qualified biologist shall conduct a nesting bird survey of the trees and shrubs and an area within 100 feet of the tree removal site, for active bird nesting, breeding, or rearing activity no more than five days prior to the start date. If nesting activity is observed by the qualified biologist, tree and shrub removal containing the nests shall be delayed until young have fledged (are flying and foraging on their own) and the nest is abandoned, per observations of the qualified biologist. In addition, the qualified biologist will recommend an appropriate buffer zone around nests to ensure no indirect disturbance occurs. The recommended buffer will depend upon the species (e.g., raptor vs. passerine) and other site-specific conditions such as proximity to roadways, slope, etc. The work under this contract will commence on or after September 1, 2024.

The Parks and Recreation Department is typically busy with storm response in winter months.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The Neighborhood and Community Improvement Program will have approximately $12,234,575 available for project funding in FY 2024/25 as shown in the table below.

Funding Sources/Accounts Funds
Transient Occupancy Tax Revenue, FY 23/24 $ 5,979,547
Prior Years Unappropriated NCIP Fund Balance $ 4,750,000 Ending Balance Account (June 30, 2024) $ 1,085,514
Contingency Balance Account (June 30, 2024) $ 869,514
Less Program Expenses $ (450,000)
NCIP Available Funding $ 12,234,575
The recommended appropriation of funding is as follows:

Accounts Funds
Recommended Project Account Total FY 24/25 $ 11,000,000 Contingency Balance Account (June 6, 2024 Vote) $ 1,200,000 Ending Balance Account $ 34,575
NCIP Available Funding $ 12,234,575
The NCIP Committee recommends an allocation of $1,000,000 to the Community-Wide Forest Management & Fuel Reduction Project and $330,486 from this year’s program budget into the NCIP Contingency Account (31ncont) to bring the Contingency Account balance from a current balance of $869,514 to $1,200,000.

ENVIRONMENTAL DETERMINATION:

On October 25, 2022, a Supplemental Mitigated Negative Declaration for the Greenbelt Fuel Reduction Project (SCH#2022080742) was approved by the Planning Commission (Resolution No. P22-024), superseding the originally approved IS-MND for the project that approved by the Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 2, Packet Page 30 №10/24
Planning Commission on December 8, 2020 (Resolution No. P20-028). A Notice of Determination was filed according to CEQA requirements following Planning Commission’s adoption of the Greenbelt Fuel Reduction Project IS-MND.

ALTERNATIVES CONSIDERED:

The City Council may choose not to fund the Community-Wide Forest Management & Fuel Reduction Project. The Council may also choose to fund the project to a higher or lesser degree than that recommended by the NCIP Committee.

DISCUSSION:

On June 6, 2024, the NCIP Committee voted on recommended NCIP projects for FY 2024/25.

Voting night is the culmination of the annual NCIP program cycle, resulting in a prioritization of the projects that have been nominated. The NCIP Committee voted on 80 nominated projects by project number on a neighborhood-by-neighborhood basis. Each project received a vote ranging from 0 to 10 points from each Neighborhood Representative. Following the vote, the projects were ranked in order of the total number of points received. The Community-Wide Forest Management & Fuel Reduction Project was ranked the highest priority by the NCIP Committee.

Since June 6, 2024, staff have started the process of reviewing the estimated costs for the highest-ranked projects. Cost estimates will be revised as necessary, and then subtracted from the funding available to determine how many projects may be funded in FY 2024/25. Exhibit A1 includes the prioritized project list with a description of each project, the number of votes it received, and estimated project costs.

The project has been singled out for early adoption and funding this year to meet the existing need in the greenbelts and to be able to continue with fuel reduction. Spring, summer, and fall are the best times to perform fuel reduction. If this project is not funded early, this window of opportunity will be missed, and work will have to be performed next year.

Therefore, staff recommends that the City Council adopt and approve funding for the Community-Wide Forest Management & Fuel Reduction Project at a cost of $1,000,000.

AR/rp
Attachments: 1. Resolution

2. FY 2024-25 Neighborhood and Community Improvement Program Voting Results and Project Ranking
e: Jayme Fields, NCIP Chair
Hans Uslar, City Manager
Rafaela King, Finance Director
Karen Larson, Parks and Recreation Director
Louie Marcuzzo, Parks Operation Manager
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 3, Packet Page 31 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
ADOPTING AND APPROVING FUNDING FOR THE FISCAL YEAR 2024/25 NEIGHBORHOOD AND COMMUNITY IMPROVEMENT PROGRAM ***NCIP***

COMMUNITY-WIDE FOREST MANAGEMENT & FUEL REDUCTION PROJECT WHEREAS, on the 6th day of June 2024, the Neighborhood and Community Improvement Program (NCIP) Committee voted to recommend ranked projects for funding; WHEREAS, the current balance of the NCIP Unappropriated Funds (End Balance) Account (31nunap) is $1,085,514;
WHEREAS, the current balance of the NCIP Contingency Account (31ncont) is $869,514;
WHEREAS, the Neighborhood and Community Improvement Program will receive $5,979,547 in Transient Occupancy Tax (TOT) collected in FY 2023/24, and $4,750,000 in unappropriated NCIP funds from prior years, less $450,000 in expenses for a total funding level for FY2024/25 of $12,234,575. Sufficient funding is available for this action; WHEREAS, on August 13, 2024, the Planning Commission determined that this project is consistent with the General Plan; and,
WHEREAS, on October 25, 2022, a Supplemental Mitigated Negative Declaration for the Greenbelt Fuel Reduction Project (SCH#2022080742) was approved by the Planning Commission (Resolution No. P22-024), superseding the originally approved IS-MND for the project that approved by the Planning Commission on December 8, 2020 (Resolution No. P20- 028). A Notice of Determination was filed according to CEQA requirements following Planning Commission’s adoption of the Greenbelt Fuel Reduction Project IS-MND.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes an appropriation of $1,000,000 to fund the 2024/25 Community-Wide Forest management & Fuel Reduction Project.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 4, Packet Page 32 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 5, Packet Page 33 FY 2024-25 Preliminary NCIP Project Voting Results and Ranking Rank Project No. Modified Project Title High Level
Estimate* AO AM COK DF DMB DMG DT FF GW MV NM OG OT SK VDM VOTE
TOTAL
Estimated Cost*
(Running Total)
VOTE %

OF TOTAL
1 MN-05 CW - FOREST MANAGEMENT &
FUEL REDUCTION (City) $ 1,000,000.00 10 10 10 10 10 10 10 10 10 10 10 7 10 10 10 147 1,000,000.00 $ 98% 2 MN-06 CW - UNDERGROUND UTILITIES
PROGRAM (Neighborhood) $ 2,000,000.00 10 10 10 10 10 10 9 10 10 10 8 7 10 10 8 142 3,000,000.00 $ 95% 3 DMG-03 DMG - ELDER-FOCUSED EXERCISE
EQUIPMENT @ LAGUNA GRANDE
$ 60,000.00 10 10 10 10 10 10 9 10 8 8 10 7 10 10 9 141 3,060,000.00 $ 94% 4 MV-01 MV - MUNRAS AVE & VIA

ARBOLES CURB RAMP CNSTR
$ 25,000.00 10 10 9 10 7 10 10 8 8 10 10 9 9 10 9 139 3,085,000.00 $ 93% 5 NM-12 NM - HILLTOP PARK CENTER
RENOVATION (Neighborhood) $ 1,000,000.00 10 10 10 10 10 8 10 8 8 8 10 7 10 10 10 139 4,085,000.00 $ 93% 6 MN-03 CW- FIRE STATIONS 12 and 13
REHABILITATION (City) $ 2,250,000.00 10 10 10 9 10 10 10 10 10 10 4 7 10 10 9 139 6,335,000.00 $ 93% 7 NM-04 NM - NEW MONTEREY

NEIGHBORHOOD PLAN UPDATE
$ 200,000.00 10 10 9 9 10 10 9 2 10 8 10 8 10 10 8 133 6,535,000.00 $ 89% 8 COK-06

COK - RAMONA AVE SIDEWALKW

INFILL B/T EDINBURG AVE &

STUART AVE
$ 22,000.00 10 10 10 10 10 10 10 1 8 8 10 9 6 10 8 130 6,557,000.00 $ 87% 9 DF-01 DF - INSTALL ELECTRICAL

DISCONNECT AT JOSSELYN CYN &
$ 5,000.00 10 4 10 10 10 7 9 10 7 4 10 10 10 9 10 130 6,562,000.00 $ 87% 10 COK-02 COK - 801 CASANOVA AVE

SIDEWALK INFILL
$ 14,000.00 10 10 10 10 10 10 10 3 6 8 10 9 6 10 7 129 6,576,000.00 $ 86% 11 DMB-04 DMB - NATIVE PLANT DUNE

ECOSYSTEM RESTORATION
$ 35,000.00 10 10 10 10 10 10 10 0 7 8 10 5 10 9 10 129 6,611,000.00 $ 86% 12 SK-02 MV -NEW FENCING AT VETERANS
PARK (City) $ 35,000.00 10 5 10 9 10 10 10 5 7 8 10 8 5 10 9 126 6,646,000.00 $ 84% 13 COK-04 COK - N FREMONT GAP BIKE/PED

PATH GRANT MATCHING FUNDS
$ 250,000.00 9 10 10 8 10 10 8 1 10 8 8 5 10 10 8 125 6,896,000.00 $ 83% 14 COK-01 COK - 57 MELWAY CIR SIDEWALK
INFILL
$ 1,000.00 10 10 10 10 3 10 10 1 8 8 10 9 6 10 9 124 6,897,000.00 $ 83% 15 DT-05 DT - REPLACE & INSTALL NEW

LIGHTS & POLES AT SOLLECITO
$ 250,000.00 10 10 10 6 10 10 9 4 8 6 9 7 5 10 9 123 7,147,000.00 $ 82% 16 MN-01 CW - INST ALPR CAMERAS $ 130,000.00 8 10 10 10 5 10 10 10 10 2 10 9 0 10 9 123 7,277,000.00 $ 82% 17 DMB-06 DMB - REPLACE CABLES ALONG

WALKWAYS
$ 30,000.00 9 6 9 9 10 10 8 10 10 6 9 7 8 9 2 122 7,307,000.00 $ 81% 18 RR-01 RR - PICKLEBALL COURT

CONSTRUCTION FUNDING
$ 200,000.00 9 0 5 10 10 5 10 10 10 6 10 9 9 10 7 120 7,507,000.00 $ 80% 19 COK-05 COK - RPL TWO RADAR SPEED

SIGNS ON AIRPORT RD
$ 25,000.00 8 6 10 9 4 9 6 10 10 3 9 6 8 9 9 116 7,532,000.00 $ 77% 20 NM-18 CW-CANNERY ROW WORKERS

HOUSING RESTORATION
$ 60,000.00 10 5 9 7 10 10 6 5 6 8 10 6 3 6 10 111 7,592,000.00 $ 74% 21 SK-03 VETERANS PARK DAY USE AREA

EROSION CONTROL RESTORATION
$ 200,000.00 7 10 10 7 7 10 9 0 8 2 9 8 4 10 8 109 7,792,000.00 $ 73% 22 MV-06 MV - SAN BERNABE ROAD

WIDENING & SIDEWALK INSTL
$ 1,671,875.00 7 2 5 9 8 8 7 10 10 10 9 4 8 5 6 108 9,463,875.00 $ 72% 23 VDM-01 VDM - CASA VERDE WAY

UNDERPASS MURALS
$ 100,000.00 10 0 7 10 10 8 9 2 5 5 10 5 6 7 5 99 9,563,875.00 $ 66% 24 NM-03 NM - DAVID AVE/TERRY ST
CROSSWALK & ISLAND $ 100,000.00 8 5 8 8 10 5 8 1 7 8 10 5 5 4 6 98 9,663,875.00 $ 65% 25 VDM-05 VDM - VILLA DEL MONTE TRAFFIC

CALMING PHASE II
$ 175,000.00 8 5 10 7 2 9 6 2 7 5 8 6 5 5 9 94 9,838,875.00 $ 63% 26 DMB-05 DMB - INST BIKE RACK PARKING
LOT
$ 20,000.00 8 6 8 5 6 10 6 0 5 2 7 8 8 5 8 92 9,858,875.00 $ 61% 28 DMB-01 DMB - INST BEACH BOARDWALK

LIGHTING
$ 20,000.00 10 0 7 8 10 4 6 0 7 4 8 6 7 6 8 91 9,878,875.00 $ 61% 27 DT-04 DT - RPL IRRIGATION DRAINAGE

SYSTEM & INST TURF AT JACKS
$ 100,000.00 8 6 10 5 1 9 10 1 8 3 10 4 0 6 8 89 9,978,875.00 $ 59% 29 DT-06 DT - EL ESTERO PARK LARGE BBQ

AREA SHADE STRUCTURE
$ 95,000.00 4 2 10 8 3 9 10 2 7 5 8 4 5 8 4 89 10,073,875.00 $ 59% 30 MV-07 MUNRAS/SOLEDAD FREEWAY

ENTRANCE SIGNAGE
$ 25,000.00 10 0 0 9 10 5 10 0 6 0 8 8 9 5 9 89 10,098,875.00 $ 59% 31 NM-01 NM - 600 LOBOS ST DRAINLINE

IMPROVEMENTS
$ 100,000.00 9 5 7 7 7 7 8 1 7 4 10 5 3 0 8 88 10,198,875.00 $ 59% 32 VDM-04 VDM - VILLA DEL MONTE TRAFFIC

CALMING PHASE II
$ 360,000.00 6 10 8 8 1 5 7 0 7 5 9 4 5 7 6 88 10,558,875.00 $ 59% 33 NM-17 NM - LOWER PRESIDIO

WALKWAY, PHASE II
$ 78,000.00 6 3 10 6 3 5 7 0 5 2 8 8 10 7 7 87 10,636,875.00 $ 58%

Page 1 of 3 ends

EXHIBIT A-1
ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 6, Packet Page 34 FY 2024-25 Preliminary NCIP Project Voting Results and Ranking Rank Project No. Modified Project Title High Level
Estimate* AO AM COK DF DMB DMG DT FF GW MV NM OG OT SK VDM VOTE
TOTAL
Estimated Cost*
(Running Total)
VOTE %

OF TOTAL
34 OT-01 OT - IMPROVE PATH FROM

HARRISON ST TO VETERANS PK
$ 80,000.00 8 5 0 10 10 0 9 5 7 6 0 8 0 8 10 86 10,716,875.00 $ 57% 35 DT-12 AO - INST PICKLE BALL COURTS AT

MONTEREY TENNIS CENTER
$ 55,000.00 10 0 10 5 3 8 10 0 8 5 5 8 2 4 7 85 10,771,875.00 $ 57% 36 VDM-03 VILLA DEL MONTE RADAR SPEED SIGNS $ 80,000.00 4 8 10 6 0 9 9 4 8 5 4 7 5 6 0 85 10,851,875.00 $ 57% 37 MN-08 MN - FIRE SAFETY
ANALYSIS/HAZARD REDUCTION $ 250,000.00 9 5 5 9 5 0 8 8 10 5 0 5 0 7 9 85 11,101,875.00 $ 57% 38 MN-09 NIP OPPORTUNITY PROPERTY

PURCHASING
$ 250,000.00 7 0 0 10 10 1 7 5 3 8 10 4 10 7 0 82 11,351,875.00 $ 55% 39 MN-12 CW-BIKE REPAIR STATIONS $ 30,000.00 4 8 10 10 8 6 9 0 0 5 8 3 6 5 0 82 11,381,875.00 $ 55% 40 MV-02 MV - VIA GAYUBA SPEED

REDUCTION MEASURES
$ 200,000.00 6 5 7 9 0 5 8 0 8 10 8 7 4 1 3 81 11,581,875.00 $ 54% 41 NM-14 NM-Cypress Park Tennis Court Resurfacing $ 15,000.00 8 3 10 5 1 8 8 0 8 6 7 5 0 5 7 81 11,596,875.00 $ 54% 42 DT-07

DT - UPG MONTEREY PUBLIC

LIBRARY ENERGY EFFICENCY &

ELECTRICAL
$ 500,000.00 10 2 5 3 1 9 6 0 6 6 6 9 10 5 2 80 12,096,875.00 $ 53% 43 DT-08 DT - UPG MONTEREY PUBLIC

LIBRARY EXTERIOR
$ 100,000.00 8 2 10 3 1 8 5 0 7 6 6 5 7 5 6 79 12,196,875.00 $ 53% 44 MV-03 MV - DRY CREEK RD TC IMPR $ 30,000.00 6 0 3 0 4 8 0 8 10 7 8 4 4 5 7 74 $ 12,226,875.00 49% 45 DT-09 DT - RPR RPL SW PAVERS

ALVARADO ST
$ 1,150,000.00 4 5 0 10 0 6 5 5 10 2 7 4 4 5 5 72 13,376,875.00 $ 48% 46 MN-13 SF -HWY 1, 68 TO VIEJO BIKE

PATH UPGRADE
$ 250,000.00 4 2 0 8 5 0 8 0 10 6 0 6 7 7 8 71 13,626,875.00 $ 47% 47 DMG-01 DMG - N FREMONT ST

PEDESTRIAN IMPR &
$ 250,000.00 2 4 10 5 2 0 6 1 7 6 0 7 10 0 7 67 13,876,875.00 $ 45% 48 DMB-03 DMB - NATIVE PLANTS FOR

MONARCH MIGRATIONS
$ 1,000.00 8 0 3 7 5 0 10 0 6 2 0 6 5 6 7 65 13,877,875.00 $ 43% 49 NM-16 CANNERY ROW PUBLIC

RESTROOM DESIGN
$ 150,000.00 8 5 0 1 10 8 5 5 6 2 0 7 0 0 8 65 14,027,875.00 $ 43% 50 DT-15 DT - INST MURAL AT MARINA RRF $ 25,000.00 6 0 0 7 4 10 6 0 6 2 6 7 3 6 0 63 14,052,875.00 $ 42% 51 MV-04 MV - IMPR VIA PARAISO RACQUET
COURTS
$ 30,000.00 8 4 1 5 0 0 2 7 0 0 8 7 5 8 8 63 14,082,875.00 $ 42% 52 DT-13 DT - MONTEREY TENNIS CENTER

IMPROVEMENTS
$ 300,000.00 7 0 10 4 0 8 5 0 8 2 3 6 0 4 4 61 14,382,875.00 $ 41% 53 MV-08 MV-MAR VISTA TRAFFIC CALMING
PH 1
$ 800,000.00 5 6 2 4 2 5 3 0 6 5 7 7 5 3 1 61 15,182,875.00 $ 41% 54 DF-02 CW-OLD SALINAS HWY PED SIGN

AND LIGHTING
$ 85,000.00 2 0 10 0 4 6 8 0 8 4 0 3 5 6 4 60 15,267,875.00 $ 40% 55 NM-07 NM - LYNDON ST SW CNSTR $ 100,000.00 2 0 10 9 0 1 7 1 8 4 0 8 5 0 4 59 15,367,875.00 $ 39% 56 MN-14 CW-REC TRAIL RESTROOM SIGNAGE$ 30,000.00 5 3 0 4 2 1 6 0 5 2 0 4 10 7 8 57 15,397,875.00 $ 38% 57 DT-16 CW-2 GREAT BLUE HERON

SCULPTURE RESTORAT
$ 50,000.00 2 0 10 3 2 0 2 0 3 2 10 8 5 0 9 56 15,447,875.00 $ 37% 58 DT-20 DT-HARTNELL GULCH STREAM
RESTORE PH1
$ 850,000.00 7 0 0 0 0 5 5 0 4 6 7 6 10 0 6 56 16,297,875.00 $ 37% 59 NM-02 NM - DAVID AVE OPEN SPACE

ACQUISITION
$ 50,000.00 2 0 8 3 5 0 8 1 0 8 0 7 4 0 7 53 16,347,875.00 $ 35% 60 DT-11 DT - DEL MONTE CORRIDOR

EDUCATION SIGNS
$ 5,000.00 4 0 0 10 10 1 4 0 5 0 0 8 4 5 0 51 16,352,875.00 $ 34% 61 DT-01 DT - INST STOP SIGN AT WEBSTER
& CAMINO EL ESTERO $ 50,000.00 6 0 0 5 2 2 1 1 10 5 0 3 5 2 8 50 16,402,875.00 $ 33% 62 DT-02 DT - INST VIDEO SURVEILLANCE

AT DENNIS THE MENACE PK
$ 75,000.00 2 2 0 5 2 0 5 10 4 2 0 5 0 3 10 50 16,477,875.00 $ 33% 63 MN-10 CW-PUBLIC ART SECURITY PLAN PH1$ 100,000.00 2 0 0 5 6 0 5 0 4 4 0 4 3 7 9 49 16,577,875.00 $ 33% 64 DT-21 EL ESTERO LAKE EDGE

IMPROVEMENTS PH V
$ 300,000.00 7 0 0 0 2 0 1 3 6 5 5 6 8 5 0 48 16,877,875.00 $ 32% 65 NM-08 NM - HILLTOP PARK CENTER
REHABILITATION (City) $ 2,000,000.00 4 0 8 1 1 8 10 0 8 4 0 4 0 0 0 48 18,877,875.00 $ 32% 66 MN-11 CW-HISTORIC MONTEREY

MASTER PLAN FOR ART
$ 150,000.00 2 0 0 6 8 0 6 0 9 6 0 2 3 5 0 47 19,027,875.00 $ 31%

Page 2 of 3 ends

EXHIBIT A-1
ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 7, Packet Page 35 FY 2024-25 Preliminary NCIP Project Voting Results and Ranking Rank Project No. Modified Project Title High Level
Estimate* AO AM COK DF DMB DMG DT FF GW MV NM OG OT SK VDM VOTE
TOTAL
Estimated Cost*
(Running Total)
VOTE %

OF TOTAL
67 MN-02 CW - REC TRAIL SEPARATE LANES

FOR BIKES AND PEDESTRIANS
$ 380,000.00 0 0 0 0 10 0 0 0 8 2 8 2 9 2 5 46 19,407,875.00 $ 31% 68 DT-10
DT - 40TH ANNIVERSARY OF

GRANIZO MONTEREY MURAL AT
MCC
$ 25,000.00 5 0 0 5 6 0 1 0 7 0 0 7 4 6 3 44 19,432,875.00 $ 29% 69 VDM-02 VDM - FIRESTATION 13
IMPROVEMENTS (Neighborhood) $ 500,000.00 0 0 0 0 0 0 0 8 10 0 0 7 10 0 9 44 19,932,875.00 $ 29% 70 DMB-07 BEACH WAY TOILETS $ 1,000,000.00 4 0 0 4 0 0 4 5 5 0 0 5 10 0 0 37 20,932,875.00 $ 25% 71 RR-02 RR - RYAN RANCH SW IMPR XWALK INST
$ 170,000.00 7 0 10 0 0 3 1 0 5 0 9 2 0 0 0 37 21,102,875.00 $ 25% 72 DMB-02 DMB - BEACH TAKE A TOY LEAVE
A TOY
$ 1,500.00 8 0 5 5 4 0 2 0 0 0 0 2 4 6 0 36 21,104,375.00 $ 24% 73 NM-11 NM - CANNERY ROW PEDESTRIAN
IMPR
$ 250,000.00 2 0 0 1 0 0 2 0 7 2 0 4 5 5 8 36 21,354,375.00 $ 24% 74 DT-22 EL DORADO DRIVEWAY

RECONSTRUCTION
$ 30,000.00 4 0 8 0 7 0 1 0 3 0 0 3 0 0 8 34 21,384,375.00 $ 23% 75 FF-02 FF-3 VIA MARETTIMO

STREETLIGHT
$ 30,000.00 0 0 1 0 1 0 8 0 5 0 0 9 0 0 10 34 21,414,375.00 $ 23% 76 DT-23 DT-HARTNELL GULCH PARK

IMPROVEMENTS
$ 850,000.00 0 0 0 0 0 5 1 0 4 5 0 2 10 0 5 32 22,264,375.00 $ 21% 77 DT-18 CW-DOWNTOWN PORTLAND LOOS $ 750,000.00 5 0 0 0 3 0 1 0 4 0 0 2 0 0 10 25 23,014,375.00 $ 17% 78 NM-09 NM - RPL GRASS FOR TURF AT

TRINITY CHRISTIAN SCHOOL
$ 250,000.00 4 0 0 3 1 0 2 0 5 2 1 4 0 1 0 23 23,264,375.00 $ 15% 79 DT-17 DT-JACKS PARK ENTRANCE

BASEBALL STATUE
$ 40,000.00 2 0 0 10 0 0 1 0 0 0 0 1 0 5 0 19 23,304,375.00 $ 13% 80 DT-19 MTRY BAY PARK RESTROOMS PH.
3 $ 1,000,000.00 3 0 0 0 0 0 1 0 3 0 0 2 0 2 2 13 24,304,375.00 $ 9% *Estimated Costs Are High Level Estimates Subject to Change Following Review 11-Jun-24

Page 3 of 3 ends

EXHIBIT A-1
ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 5., Item Page 8, Packet Page 36 Council
Agenda Report
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Ted Terrasas, REHS, Sustainability Manager SUBJECT: Approve an Amendment to the Memorandum of Understanding (MOU) Between the Monterey Regional Waste Management District (ReGen Monterey) and Member Agencies Regarding Compliance with Organic Waste Recycling and Food Recovery Laws (SB 1383) to Include FY 2024-25 Costs of $44,867 for These Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution approving the amendment to the MOU with ReGen Monterey (ReGen) for FY 2024-2025 costs of $44,867 for these services VALUE DRIVERS:

Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

POLICY IMPLICATIONS:

California’s Short-Lived Climate Pollutant Reduction law (SB 1383) requires the City to comply with waste diversion goals. As a result, the program implementation, monitoring, tracking, public outreach, and reporting to the State are responsibilities assigned to the City. While the City could work to address these responsibilities on its own, collaborating with the other jurisdictions in the region facing the same regulatory requirements offers a potentially more efficient and cost-effective response.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS:

ReGen estimates that the total MOU implementation cost for FY2024-2025 will be $197,412 for all member agencies combined. Some costs which were not applied to the City of Monterey, including HF&H franchise management and Recyclist database fees (Attachment 3).

Of the $197,412, the City’s portion, when factored by population, waste hauler franchise, and subtracting non-applicable costs, is $44,867 (Attachment 4). The City has appropriated funds for this cost in the Community Development Department’s FY 24/25 adopted budget.

ReGen will also be applying for a State grant to supplement funds for SB 1383 implementation.

Date: 8/20/2024
Item No.: 6.

Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 1, Packet Page 37 №10/24
ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives were considered for this action.

DISCUSSION:

SB 1383 has been regarded as one of the most significant diversion legislation efforts in the past 30 years. The State of California estimates that 20 to 23 million tons of organic waste (food/yard waste) are disposed of per year, which accounts for roughly two-thirds of all disposal.

In addition to the amount of waste, the other main concern with this waste stream is the production of methane, which is estimated to be 80 times more potent greenhouse gas than carbon dioxide over the first 20 years that it reaches the atmosphere. Landfills are estimated to be responsible for 21% of the State’s methane emissions.

Due to the magnitude and complexity of SB 1383 requirements, ReGen member agencies, regional waste haulers, and the two solid waste management agencies in the County (ReGen Monterey and Salinas Valley Recycles) began meeting to discuss compliance strategies in Q4 of 2020. While each member agency is responsible for compliance on its own, the funding and staffing levels required are greatly reduced by collaborating with regional agencies expected to comply with the same regulations.

Some of the key tasks associated with the SB 1383 compliance require extensive program implementation by the City, including:
 Collection and Processing – Processing of organic (green/food) waste from commercial and residential sources, labeling and color coding all carts  Monitoring and Enforcement – Conducting annual route reviews for contaminants, perform waste composition studies, issue notices and violations and penalties
 Product Procurement – Annually procure an amount of organic material (compost, renewable gas, mulch) that complies with the target established by CalRecycle
 Ordinance Adoption – Adopt code requiring compliance with SB 1383 and establishing enforcement mechanism
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 2, Packet Page 38 №10/24
 Edible Food Recovery Program – Implement a program that connects edible food generators with recovery organizations
 Education and Outreach – Annually provide information including but not limited to edible food recovery, material separation, waste prevention, methane reduction
 Record Keeping and Reporting – Maintaining a centralized implementation record relating to SB 1383 compliance (available within 10 days notice) in addition to annual reporting to the State
The proposed amendment to the MOU continues the effort by ReGen member agencies to share in the costs of implementing or expanding diversion programs in order to comply with SB 1383. The MOU also has a potential benefit in that when demonstrating efforts to comply with State law, member agencies can show that they are making every reasonable effort to comply by cooperating with neighboring jurisdictions and working on compliance plans together.

For these reasons, it is the recommendation of staff that the City Council approve the resolution authorizing the amendment of the MOU with ReGen for FY 2024-2025 costs.

KC/tjt
Attachments: 1. Resolution

2. Existing MOU

3. Updated Shared Costs for FY 24/25

4. Jurisdictional Allocations for FY 24/25
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 3, Packet Page 39 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24

APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (REGEN

MONTEREY) AND MEMBER AGENCIES REGARDING COMPLIANCE WITH ORGANIC WASTE RECYCLING AND FOOD RECOVERY LAWS (SB 1383) TO INCLUDE FY 2024- 25 COSTS OF $44,867 FOR THESE SERVICES
WHEREAS, SB 1383 is recognized throughout the industry as being the most significant solid waste legislation in the past 30 years and focuses on the diversion of organic waste from disposal in landfills;
WHEREAS, according to the State of California, in 2017, 67% of waste in the state was organic;
WHEREAS, organic waste generates methane during decomposition, which has 80 times the warming power of carbon dioxide within the first 20 years of reaching the atmosphere; WHEREAS, recovering edible food is critical in that one in nine Californians are food insecure, and that unrecovered food becomes an organic waste product; WHEREAS, regulatory compliance will require the City, its waste hauler, and the Monterey Regional Waste Management District (MRWMD) to establish new or increase existing waste diversion programs to comply with state regulations; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Manager is authorized to execute the amendment to the existing MOU between ReGen Monterey and its member agencies to include the FY 2024-25 costs of $44,867.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 4, Packet Page 40 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 5, Packet Page 41 1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT AND ITS

MEMBER AGENCIES REGARDING ASSISTANCE WITH COMPLIANCE WITH CALIFORNIA SENATE BILL 1383
This Memorandum of Understanding (“MOU”) is made and entered into as of the date of the signatures set forth below by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (“District”, “MRWMD”), a California Garbage and Refuse Disposal District, and its member agencies including the cities of CARMEL-BY-THE-SEA, DEL REY OAKS, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, and SEASIDE; THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT; and THE COUNTY OF MONTEREY (“Member Agencies”). Collectively these entities shall be known herein as “Parties” or individually as a “Party.”
Recitals
A. The State of California has passed legislation, known as Senate Bill 1383, California’s Short-Lived Climate Pollutants regulation. The regulation will have significant impact on each Member Agency, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis. The legislation mandates that Member Agencies undertake certain activities around the handling of organic waste materials collected within their jurisdictions. The regulation also requires 20% recovery of edible food by 2025 to direct it to a beneficial use and thus prevent it from entering the waste stream. Regulations take effect, and local program implementation will begin, on January 1, 2022.

B. The Member Agencies have determined that it is in their best interest to coordinate their activities related to this legislation. This coordination is being facilitated by the District’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three Haulers in the District service area (Haulers), Salinas Valley Recycles (SVR) and MRWMD.

C. The Member Agencies have further determined that the District has the expertise and resources necessary to implement some of these activities on the Member Agencies’ behalf and have now requested that the District incur costs to provide these activities.

D. The Member Agencies have agreed to reimburse the District for proportionate shares of certain designated annual costs incurred by the District for these activities.

E. The form and content of this MOU have been presented to the TAC, and the TAC has recommended it for approval by the Parties
NOW THEREFORE, in consideration of the mutual benefits to be derived by the District and the Member Agencies, and of the promises contained in this MOU, the Parties agree as Agreement #: Ag-11691 - Page 1 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 6, Packet Page 42 2 follows:

Section 1. Recitals: The recitals set forth above are incorporated into this MOU.

Section 2. Purpose: The purpose of this MOU is to provide a structure for the Member Agencies to reimburse the District for SB 1383 related activities it performs on behalf of the Member Agencies.

Section 3. Voluntary: This MOU is voluntarily entered into by the Parties for the purpose of facilitating the implementation of SB 1383.

Section 4. Term: This MOU shall become effective on the last day of its execution by a Party and shall remain in effect until terminated by the Parties.

Section 5. Scope of Work, Costs & Cost Sharing: The scope of work, and associated costs, are set out in Exhibit A, entitled Detailed Activities and Costs, attached hereto and incorporated herein. Allocation of such costs to the Member Agencies is set out in Exhibit B, entitled Member Agencies’ Annual Proportionate Shares and Costs, attached hereto and incorporated herein. Exhibit C outlines estimated individual Member Agencies’ allocations related to the Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program (OWR1: 2021-22), attached hereto and incorporated herein. Exhibit D defines the estimated annual procurement requirements of organic material and estimated cost per ton of compost for each Member Agency, attached hereto and incorporated herein.

No later than March 1 of each year, and at such other times as directed by the Parties, the TAC shall meet to consider and, if deemed necessary, modify Exhibits A, B, C, and/or D subject to direction from the governing bodies of each Member Agency to its TAC representative.

Section 6. The District Agrees:
(a) District staff will manage activities as identified in Exhibit A, C, and D which activities include contracting with third party vendors when reasonably necessary and paying those vendors for contracted costs.
(b) Two times per year, on dates to be determined by the TAC, District will invoice Member Agencies for each Member Agency’s proportionate share of costs as shown in Exhibit B with each invoice to be fifty percent (50%) of the Member Agency’s share of costs. (c) Upon award of CalRecycle SB 1383 Local Assistance Grant Program funds, the District will invoice Member Agencies for their full allocation of grant funds as shown in Exhibit C. Four times during the grant term, aligned with dates identified by CalRecycle grant Terms & Conditions, the District shall report to Member Agencies a summary of actual grant expenditures and progress toward grant tasks to date.

Agreement #: Ag-11691 - Page 2 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 7, Packet Page 43 3 (d) District will maintain an accounting of activities and expenses and provide reconciliation of payments annually. Material differences between estimated costs and actual incurred costs will result in either: 1) an adjustment made to the final annual payment for each Member Agency, or 2) such cost difference shall be incorporated into the subsequent year cost allocation.
(e) In year one only, in recognition of expected continuation of improved recycling revenues for the District from recyclable material sales, the District will off-set $140,000 of the costs identified in Exhibit A. This off-set is reflected in the cost allocations set out in Exhibit B for FY 2021-22.

Section 7. The Member Agencies Agree:
(a) To reimburse the District for all expenses incurred by the District under this MOU in accordance with each Member Agency’s proportionate share as shown on Exhibit B, C, and D. (b) To make a full-faith effort to cooperate with one another and with the District to achieve the purposes of this MOU by providing information, reviewing information in a timely manner, and informing their respective administration and governing bodies.

Section 8. Termination. Any Party may terminate its participation in this MOU upon giving written notice to the District no later than April 1 of any calendar year during the term of this MOU. Within ten days following a Party’s termination date, such party shall pay District all charges then due and payable and shall pay when determined any additional charges that shall later come due under the MOU, subject to the limits set out in Exhibits A, B, C, and D.

Section 9. General Provisions.
(a) This MOU is binding and for the benefit of the respective successors, heirs, and assigns of each Party and the District; provided however, no Party may assign its respective rights or obligations under this MOU without the prior written consent of the District. (b) This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
(c) If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU.
(d) Waiver by the District or any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition, or covenant.

Agreement #: Ag-11691 - Page 3 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 8, Packet Page 44 4 Waiver by the District or any Party of any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU.
(e) This MOU may be executed in any number of counterparts, each of which is an original but all of which taken together will constitute one and the same instrument, provided, however, that such counterparts have been delivered to all parties to this MOU. (f) All parties acknowledge they have been represented, or have had the opportunity to be represented, by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair language. Any ambiguities will be resolved in a collaborative manner by the District and the Parties and must be rectified by amending this MOU.

IN WITNESS WHEREOF, the District and the Parties have caused this MOU to be executed by their duly authorized representatives as of the date of their respective signatures.

MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 4 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 9, Packet Page 45 5 CITY OF CARMEL-BY-THE-SEA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 5 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 10, Packet Page 46 6 CITY OF DEL REY OAKS
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 6 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 11, Packet Page 47 7 CITY OF MARINA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 7 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 12, Packet Page 48 8 CITY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 8 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 Hans Uslar City Manager 9/29/2023 | 3:52 PM PDT
ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 13, Packet Page 49 9 CITY OF PACIFIC GROVE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 9 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 14, Packet Page 50 10 SAND CITY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 10 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 15, Packet Page 51 11 CITY OF SEASIDE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 11 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 16, Packet Page 52 12 PEBBLE BEACH COMMUNITY SERVICES DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 12 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 17, Packet Page 53 13 COUNTY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Agreement #: Ag-11691 - Page 13 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 18, Packet Page 54 14 EXHIBIT A

DETAILED ACTIVITIES & COSTS
FY 2023-2024
Scope of Work
The activities related to the implementation of SB 1383 may include contracting and policy development; public education; materials purchasing and distribution; reporting; contamination monitoring; edible food waste recovery; enforcement; procurement; organics processing; rate setting; cost monitoring; and any other related activities the Parties choose to address.

The District will take the lead producing public education campaigns in concert with the alreadyprovided Hauler and/or Member Agency resources. The Member Agencies will be responsible for production and mailing fees associated with outreach. The District will also contract with a vendor to administer contamination monitoring in the form of curbside lid flipping The District will also provide CalRecycle reporting services to the Member Agencies. In addition, funds will be allocated to food recovery organizations for procurement of refrigerated holding facilities or transport vehicles to support edible food recovery efforts.

Costs
Agreement #: Ag-11691 - Page 14 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 19, Packet Page 55 15 EXHIBIT A

DETAILED ACTIVITIES & COSTS
FY 2023-2024 (CONTINUED)
Agreement #: Ag-11691 - Page 15 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 20, Packet Page 56 16 EXHIBIT B
MEMBER AGENCIES’ ANNUAL PROPORTIONATE SHARES & COSTS*
FY 2023-2024
*Member Agencies’ proportionate costs subject to adjustment annually in accordance with any change in scope and total costs. Costs “with minimums” will be utilized.

Agreement #: Ag-11691 - Page 16 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 21, Packet Page 57 17 EXHIBIT C
MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**
The Member Agencies of Carmel, Del Rey Oaks, Marina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (PBCSD) join the Local Assistance Grant Program as a regional collaborative project for the implementation of regulation requirements associated with SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost-effectiveness across the countywide area.

This regional grant-funded project will be coordinated through the two local waste management governmental agencies within Monterey County, Monterey Regional Waste Management (MRWMD), and Salinas Valley Solid Waste Authority (SVSWA).

The Member Agencies, along with each of the MRWMD and SVSWA member agencies are applying individually to this grant program using a unified regional project design, budget and implementation approach. All participating jurisdictions’ individual grant funding will be pooled together and expended in a cooperative manner by their agencies’ respective waste districts, MRWMD and SVSWA. The County of Monterey is applying separately and will manage its budget and project implementation independently, in coordination with broader regional planning efforts.

Based on current regional needs and findings to date related to SB 1383 in Monterey County, the following four major components will comprise the principal focus areas of program expenditures under the proposed regional project approach:
1) Grant Management, Tracking & Reporting
2) Agency Procurement Support
3) Edible Food Recovery Implementation and Capacity Building 4) Organics & Edible Food Recovery Education, Outreach and Technical Assistance Each element will be informed by regional coordination through the established MRWMD and SVSWA Technical Advisory Committee forums, Capacity Planning Assessments and related studies completed or in process throughout the region, and new data and information obtained through program implementation trials, stakeholder feedback and best practices as identified.

All expenditures will be incurred jointly, facilitated through each respective waste agency, and tracked and reported by each jurisdiction, based on the percentage of grant funds received by each agency compared to the full funding received collectively by all participating member agencies. CalRecycle, based on per capita calculations, using the Department of Finance’s January 2021 population statistics, estimates jurisdictions’ proportionate grant allocations. A summary of individual and collective agency grant allocations is presented below as Table 1.

Agreement #: Ag-11691 - Page 17 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 22, Packet Page 58 18 EXHIBIT C
(Continued)
MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**
Table 1. Thirteen Agency Collaborative Approach Budget Summary ** Working in coordination with the designated CalRecycle grant manager or other agency representatives as appropriate, the region may adjust these proposed expenditure areas, amounts, or priorities, consistent with grant expenditure eligibility requirements, as needed during the course of the grant term based on the needs of the region.

Agencies Estimated
Funding
% of District
Subtotal
% of Region
Total
Waste
District
Carmel-by-the-Sea $20,000 9% 4% MRWMD
Del Rey Oaks $20,000 9% 4% MRWMD
Marina $29,771 14% 6% MRWMD
Monterey $38,247 18% 7% MRWMD
Pacific Grove $21,398 10% 4% MRWMD
Sand City $20,000 9% 4% MRWMD
Seaside $43,151 20% 8% MRWMD
Pebble Beach Community
Services District
$20,000 9% 4% MRWMD
Subtotal (MRWMD): $212,566 100% 41%
Gonzales $20,000 6% 4% SVSWA
Greenfield $25,157 8% 5% SVSWA
King City $20,665 7% 4% SVSWA
Salinas $211,143 68% 40% SVSWA
Soledad $33,095 11% 6% SVSWA
Subtotal (SVSWA): $310,060 100% 59%
TOTAL (13 Agency Regional
Approach): $522,626 100%
Agreement #: Ag-11691 - Page 18 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 23, Packet Page 59 19 EXHIBIT D
MEMBER AGENCIES’ ESTIMATED PROCURMENT REQUIRMENTS

OF ORGANIC MATERIAL
The list below indicates the annual recovered organic waste product procurement targets for each jurisdiction (city, county, or city and county) that will be in effect from January 1, 2022, through December 31, 2026 per CalRecycle.

Agreement #: Ag-11691 - Page 19 of 19
DocuSign Envelope ID: 7C46274D-0A81-4662-B150-F6E53359C021 ATTACHMENT 2
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 24, Packet Page 60 SB 1383 Fee Category Detail FY 24/25 Cost Notes
HF&H General Support & TAC meetings Task #5 (general support) & task #6 (monthly TAC meetings) of HF&H FY 2025 proposal $ 20,500
Edible Food Recovery Capacity Building $40,000 for grant allocations. $10,000 for grant administration.
$ 50,000
Grants offered jointly by ReGen &
SVR. SVR allocating $60k. ReGen
allocating $50k (inclusive of $10k for
grant admin) as County is omitted
from this line item.

Edible Food Recovery Program
Administration
Assessment Updates - Living Document
Generation Estimate Update-Using ReGen WCS
FRO Capacity Survey - Annual Update
Conference Presentations (CRRA) and Other Support TBD
EFR E&O - Cycle 2 - Tier 1&2 Follow-up target groups TBD Organics Collections E&O - Target Groups TBD
School Food Waste Reductions - Targeted Groups TBD
Total split 50/50 with Salinas Valley Recycles
$ 25,000
ReGen member agency portion only.

Split 50/50 with SVR. Omits County of
Monterey.

Edible Food Generator Inspections for Tier
1 & 2 $ 4,000
Omits County of Monterey.

Public Education Design/creation of public education materials. Does not include production or distribution of materials created. $ 20,000
Contamination Monitoring (Lid Flipping)
$ 15,000
Omits County of Monterey due to WM
Smart Truck.

Recyclist Fees Cloud-based recordkeeping and reporting system shared by haulers, jurisdictions and processor. $ 12,912
Omits County & City of Monterey,
who subscribe separately.

ReGen Monterey Staff Time Coordination and Hosting of Monthly TAC Meetings Hosting and/or participating in TAC Subcommittees
SB 1383 Program Coordination and Development of Pub Edu CalRecycle Reporting
Outreach at Community Events
School Outreach & Compliance
Coordination with Sustainability Groups
$ 50,000
Total $ 197,412
Attachment 3
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 25, Packet Page 61 Potential Cost Allocation Approaches
# %
Per Agency
Cost/Year
With
Minimums
Carmel 3,830 2.4% $ 11,018 $ 11,225
DRO 1,525 1.0% $ 4,387 $ 9,000
Marina 21,981 13.7% $ 63,233 $ 59,982
PG 15,522 9.7% $ 44,653 $ 42,357
PBCSD 4,531 2.8% $ 13,034 $ 12,821
Sand City 310 0.2% $ 892 $ 9,000
Seaside 33,956 21.2% $ 97,682 $ 92,660
Monterey City 28,352 17.7% $ 47,013 $ 44,867
County 50,128 31.3% $ 15,000 $ 15,000
TOTAL 160,135 $ 296,912 $ 296,912
Population
Attachment 4
Council Regular Meeting, 8/20/2024, Item No. 6., Item Page 26, Packet Page 62 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Andrew Easterling, P.E., T.E., City Engineer SUBJECT: Award a Professional Services Agreement for On-Call Civil Engineering Services with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to Whitson & Associates, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt the attached resolution awarding a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Whitson & Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and authorizing the City Manager, or his designee, to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

VALUE DRIVERS:

POLICY IMPLICATIONS:

This action is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.;” and Fiscal Stewardship – “Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.”
This action is also consistent with Council policy to approve Professional Services Agreements exceeding $75,000. On-call agreements are used for other types of professional services throughout the City. These services will augment the City’s capacity for project delivery, consistent with the City Council’s vision and strategic initiative.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

Date: 8/20/2024
Item No.: 7.

Council Regular Meeting, 8/20/2024, Item No. 7., Item Page 1, Packet Page 63 FISCAL IMPLICATIONS:

Fees for On-Call Civil Engineering Services will be based on a project-by-project basis directly charged to individual project budgets. Each project is separately approved and budgeted by Council. Consultant support may cost more than having City staff deliver projects; however, consultants can provide specialized knowledge to support projects, improve the production rate, and provide additional quality assurance. The City is under no obligation to expend any funds under these Professional Services Agreements.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

Council could decide to not award the On-Call Civil Engineering Services Agreements and direct staff to issue requests for proposals for each project individually. However, having preapproved, on-call, as-needed firms readily available allows for more efficient and timely delivery of projects.

DISCUSSION:

The City requires technical assistance and staff augmentation, due to engineering position vacancies, from civil engineering firms. The City has a backlog of active and pending projects that require technical support from civil engineers, structural engineers, geotechnical engineers, surveyors, and project managers. Additionally, the City reviews planning and development applications for compliance with stormwater regulations and the Subdivision Map Act, which requires civil engineering and surveying support. With the award of this contract, the City will have four (4) on-call civil engineering firms available to provide engineering services in a timely manner. Additionally, on-call civil engineering firms can provide specialized knowledge and additional quality assurance to more efficiently deliver projects.

Individual project task orders will be issued based on the firm’s expertise, workload capacity, services to be performed, and schedule requirements submitted in their proposal. All task orders will be issued based on an agreed-upon, written scope of work, proposed schedule, and maximum fee based on their fee schedule and estimated hours negotiated on a project-byproject basis.

The selection of the best-qualified firms was made in accordance with Section 28-30 of the City’s Purchasing Ordinance. On September 26, 2023, a Request for Proposal was issued and Council Regular Meeting, 8/20/2024, Item No. 7., Item Page 2, Packet Page 64 advertised through OpenGov. Eleven (11) proposals were received on October 24, 2023. A selection committee consisting of CIP and NCIP Engineering Division staff independently evaluated and ranked the proposals. After deliberations, all eleven (11) firms were ranked with the top five (5) firms selected for award. On March 19, 2024, City Council approved a resolution awarding professional service agreements to four (4) of the top five (5) firms. The agreement with Whitson & Associates, Inc. was delayed due to insurance, defense, and indemnity requirements set forth in the City’s standard contract language, which have now been resolved.

The agreement will have an initial one-year term and a $500,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for four additional one-year extensions also with an annual not-to-exceed funding limit of $500,000.

Therefore, Staff recommends that the City Council adopt the attached resolution awarding the professional services agreement to Whitson & Associates, Inc.

AR/ae
Attachments: 1. Resolution

2. Consultant Selection Evaluation Criteria
e: Whitson & Associates, Inc.

Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 7., Item Page 3, Packet Page 65 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№010/23
AWARDING PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $500,000 FOR

ON-CALL CIVIL ENGINEERING AND SURVEYING PROFESSIONAL SERVICES FOR PROJECTS WITHIN THE CITY OF MONTEREY TO WHITSON & ASSOCIATES, INC. ***CIP/NCIP ***
WHEREAS, the need exists for the City to obtain prompt professional civil engineering services to support the Capital Improvement Program (CIP), Neighborhood and Community Improvement Program (NCIP) and other municipal programs; WHEREAS, on September 26, 2023, a Request for Proposal was issued and advertised through OpenGov;
WHEREAS, eleven (11) proposals were received on October 24, 2023. A selection committee, consisting of CIP and NCIP Engineering Division staff, independently evaluated and ranked the proposals;
WHEREAS, after deliberations, all eleven (11) firms were ranked as follows, with the top five firms, Kimley-Horn and Associates, Inc., BKF Engineers, Whitson & Associates, Inc., Harris & Associates, Inc., and Mark Thomas & Company, Inc. selected for award; WHEREAS, the firms will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Council Regular Meeting, 8/20/2024, Item No. 7., Item Page 4, Packet Page 66 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Professional Services Agreement for On-Call Civil Engineering Services for Projects for the City of Monterey to Whitson & Associates, Inc. for a term of one year, with the option to extend for four additional one-year terms, with an annual fee not to exceed $500,000.00; and,

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 7., Item Page 5, Packet Page 67 ATTACHMENT 2
Project Name: Project Code:

Service Area:

Rater’s Name:

Criteria Max Points BKF CSG Dudek Harris Ifland Kimley-Horn Mark Thomas Orion RJA Wallace Whitson Ability to Design Project 10 8 7 8 8 8 8 8 6 8 7 8
Ability to Manage Project
Requirements
10 8 7 8 8 7 8 8 6 8 7 9
Staff / Organizational Approach 10 8 6 8 8 6 8 8 6 8 7 8 Familiarity with Monterey 10 8 5 8 10 8 10 7 5 8 8 10
Responsiveness / willingness to
comply with agreement terms 10 10 1 1 10 1 10 5 1 5 1 7 Reputation, References, Stability 10 7 2 7 8 5 9 7 6 7 6 9 Total Points: 60 49 28 40 52 35 53 43 30 44 36 51
Consultant Selection Evaluation Scorecard
Include On-Call Services:

N/A
Yes
On-Call Civil Engineering Services
Staff Date: 11/7/2023
Citywide

Page 1 of 1 ends

Last Modified: 07/11/13 Council Regular Meeting, 8/20/2024, Item No. 7., Item Page 6, Packet Page 68 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Approve the Memorandum of Understanding between the City of Monterey and the Monterey Fire Fighters’ Association (MFFA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

It is recommended that the City Council adopt a resolution approving the Memorandum of Understanding (MOU) between the City of Monterey and the Monterey Fire Fighters’ Association (MFFA) for the period of July 1, 2024, through June 30, 2027.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

The Meyers-Milias-Brown Act (MMBA) of 1968 established collective bargaining for California’s municipal, county and local special district employers and employees. Under MMBA, the governing body of a public agency is required to meet and confer over wages, hours, and other terms and conditions of employment. Approval of an agreement concluding labor negotiations with represented employees in a closed session must be reported after the agreement is final and has been accepted or ratified by the other party. (Government Code sections 54957.1(a)(6) and 3505.1.) Once the City Council votes to accept the MOU, it becomes a binding agreement.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The increase in cost over the 2023-24 base fiscal year is:
 For FY 24-25 is $475,306
 For FY 25-26 is $494,318
 For FY 26-27 is $514,091
The cost for FY 24-25 has been included in the budget adopted at the June 4, 2024 Council meeting. Amounts for subsequent fiscal years will be included in the corresponding budget years.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 1, Packet Page 69 №10/24
on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives to reaching a successor agreement were considered. The Monterey Fire Fighter Association (MFFA) members and City of Monterey staff contributed to the development of the MOU as presented.

DISCUSSION:

As a result of meeting and conferring in good faith, the City of Monterey and the Monterey Fire Fighter Association (MFFA) reached an agreement on a successor MOU. This agreement was ratified by the City Council in closed session on June 26, 2024 and ratified by MFFA on June 28, 2024. The terms and conditions of the MOU are now submitted for final approval and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 4% salary increase for all members effective July 1, 2024  4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Health Insurance remains status quo
BN/gr
Attachments: 1. Resolution

2. Exhibit A – MFFA MOU 7/1/2024 – 6/30/2027
e: Christine Davi, City Attorney
Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 2, Packet Page 70 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MONTEREY AND THE MONTERY FIRE FIGHTERS’ ASSOCATION (MFFA) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2027
WHEREAS, the City of Monterey negotiated a new Memorandum of Understanding with the Monterey Fire Fighters’ Association (MFFA):

WHEREAS, the terms of the Memorandum of Understanding with the Monterey Fire Fighters’ Association (MFFA) are attached and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 4% salary increase for all members effective July 1, 2024  4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Health Insurance remains status quo; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Manager is hereby authorized to sign the Memorandum of Understanding (Exhibit A).

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 3, Packet Page 71 NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 4, Packet Page 72

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MONTEREY FIRE FIGHTERS ASSOCIATION (MFFA) /

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3707
July 1, 2024 through June 30, 2027
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 5, Packet Page 73 Table of Contents
SECTION 1: RECOGNITION ............................................................................................................................... 3 SECTION 2: TERM ............................................................................................................................................ 3 SECTION 3: SALARY ......................................................................................................................................... 3 SECTION 4: UNION RIGHTS............................................................................................................................... 4 SECTION 5: DAYS AND HOURS OF WORK...................................................................................................... 6 SECTION 6: MINIMUM LEAVE EVENTS .......................................................................................................... 11 SECTION 7: HOLIDAYS .................................................................................................................................... 11 SECTION 8: COMPENSATORY TIME............................................................................................................... 12 SECTION 9: VACATION .................................................................................................................................... 13 SECTION 10: SICK LEAVE ............................................................................................................................... 13 SECTION 11: STATION STAFFING .................................................................................................................. 15 SECTION 12: UNIFORMS.................................................................................................................................. 16 SECTION 13: PROBATION AND STEP ADVANCEMENT ............................................................................... 16 SECTION 14: INSURANCE PLAN..................................................................................................................... 16 SECTION 15: RETIREMENT.............................................................................................................................. 19 SECTION 16: SPECIAL PAYS........................................................................................................................... 21 SECTION 17: EMERGENCY MEDICAL SERVICES (EMS).............................................................................. 24 SECTION 18: WELLNESS PROGRAMS........................................................................................................... 27 SECTION 19: MISCELLANEOUS PROVISIONS .............................................................................................. 28 SECTION 20: PERSONNEL RULES AND REGULATIONS ............................................................................. 30 SECTION 21: SEPARABILITY OF PROVISIONS ............................................................................................. 33 SECTION 22: RIGHTS ....................................................................................................................................... 33 Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 6, Packet Page 74 MFFA MOU July 1, 2024 – June 30, 2027 Page 3 of 35

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MONTEREY FIREFIGHTERS ASSOCIATION (MFFA) /
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 3707
July 1, 2024 through June 30, 2027
This Memorandum of Understanding (“MOU”) is between the designated representatives of the City of Monterey “City,” and the Monterey Firefighters Association, International Association of Fire Fighters Local 3707 (“Union”).

SECTION 1: RECOGNITION
Pursuant to the Monterey City Code Section 25-16.09 (Establishment of Bargaining Units and Representation Rights) the City has recognized the Monterey Fire Fighters Association, Local 3707 as the exclusive representative of all employees regularly employed by the City in the Monterey Fire Department with the rank of Fire Fighter, Fire Engineer, Fire Captain, Deputy Fire Marshal and any other classification added into the representation unit by resolution of the City Council.

SECTION 2: TERM
This Memorandum of Understanding shall be in full force and effect from July 1, 2024, through June 30, 2027 and it is understood and agreed that the terms, conditions, wages and all provisions of the Memorandum of Understanding will continue in effect until a new Memorandum of Understanding is negotiated and subsequently ratified by IAFF Local 3707 or the recognized bargaining unit of the represented employees and the City Council, or until this Memorandum of Understanding is superseded in accordance with Monterey City Code Section 25-16.12 (e) (Impasse Procedure).

SECTION 3: SALARY

3.1 Salary

3.1.1 Effective either July 1, 2024 or following City Council ratification (whichever is later), so long as the contract is ratified before July 16, 2024, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

3.1.2 Effective July 1, 2025, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

3.1.3 Effective July 1, 2026, and as soon as administratively possible, the pay Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 7, Packet Page 75 MFFA MOU July 1, 2024 – June 30, 2027 Page 4 of 35
rates for employees shall be increased by four percent (4.0%).

SECTION 4: UNION RIGHTS

4.1 Use of City and Fire Department Facilities
Union shall be allowed use of space on available Fire Department bulletin boards for communications having to do with official organization business, provided such use does not interfere with the needs of the Fire Department. City buildings and Fire Department facilities may be made available for use by Union or its representatives in accordance with such administrative procedures as may be established by the City. Use of City electronic equipment shall be in accordance with the City’s Telecommunication Policy as it relates to personal use.

4.2 Union Access
The City agrees to grant official representatives of Union access to discuss employer-employee relations or grievances arising under the terms and conditions of this Agreement with represented employees during working hours. It is agreed that there will be no interference by the Union’s shift representative(s) during the work hours of such employees. No more than one (1) shift representative at a time will be allowed time off for purposes of representation unless consent is given from the Fire Chief, or designee.

4.3 Dues Deduction
The represented employees of Union shall have the right to have their regular Union dues deducted from their paychecks at no cost, subject to the provisions of Monterey City Code Section 25-16.14 (Dues Deductions). MFFA Local 3707 shall indemnify and hold the City harmless against any liability arising from any claims, demands or other action relating to the City’s compliance with the provisions of this section.

4.4 Union Protection
The City and Union will not interfere with, intimidate, restrain, coerce, or discriminate against any employee because of their membership or nonmembership in Union or their lawful activity on behalf of Union.

4.5 Representation

4.5.1 Any employee, at their request, will be permitted to have a representative of their choice, who is available within a reasonable period of time, accompany or represent them when disciplinary action is reasonably anticipated or is the focus of any meeting or discussion.

4.5.2 The City agrees that it shall comply with the Fire Fighters Bill of Rights (FBOR, California Government Code Sections 3250 et seq.) for all employees covered by FBOR.

4.5.3 For all employees covered by FBOR, the City also agrees to apply the rights as set forth in Government Code Section 3253 during interrogations concerning events regardless of whether the subject matter concerns the employee acting in their official capacity. For Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 8, Packet Page 76 MFFA MOU July 1, 2024 – June 30, 2027 Page 5 of 35
interrogations that do not concern the employee acting in their official capacity, the City shall not be required to apply the rights under Section 3253 (e)(1).

4.5.4 Further, for interrogations that do not concern the employee acting in their official capacity, the sanctions for violations imposed by Government Code Section 3260 shall not apply in such non-official capacity investigations.

4.5.5 Nothing in this Agreement is intended to limit and/or reduce those rights afforded by the Firefighters’ Bill of Rights. This Agreement is intended to establish rights, which at a minimum, comply with the Act or provide rights in addition to the Act. Rights provided by that Act shall take precedence in the event that anything in this agreement provides lesser protection than the rights guaranteed by the Act.

4.6 Union Leave Bank

4.6.1 Transfer of accrued leave to Union Leave Bank
a. Effective the first full pay period in July of each year, each active bargaining unit employee will contribute to the Union Leave Bank by reducing their vacation accrual by eight (8) hours in the first pay period in July. The contribution will be credited to the Union Leave Bank. If, at the end of any fiscal year, the Union Leave Bank has a balance of more than 500 hours, the exchange of hours described above will not occur for that fiscal year.
b. Employees hired during the year will have no deduction until the following fiscal year’s leave bank transfer. Employees separating employment during the year will receive no credit for or return of the hours contributed to the Union Leave Bank.

4.6.2 Carry-over of unused funds
If there are any unused hours in the Union Leave Bank at the end of the fiscal year, these amounts will carry over to the following year.

4.6.3 Usage of the Union Leave Bank
When a bargaining unit employee has received the appropriate approval to be absent from their scheduled shift(s) to attend conferences related to firefighter or public safety issues or other union-related function, payment of the employee(s) covering for the shift(s), at the applicable regular or overtime rate, will be made, hour for hour, from the Union Leave Bank. The employee absent from work on union business shall receive pay for their regularly scheduled shift; as such absence shall be recorded as paid Union Leave.

4.6.4 Authorization for use of the Union Leave Bank
a. Union Leave Bank may be utilized for scheduled work absences contingent upon the following:

1. Absence is for a union authorized event or purpose;
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 9, Packet Page 77 MFFA MOU July 1, 2024 – June 30, 2027 Page 6 of 35

2. Use of Union Leave Bank for absence has prior written approval of an authorized union official;

3. Sufficient balance exists in Union Leave Bank to reimburse the City for the absence at applicable regular and overtime coverage; and

4. Absence is approved in writing by shift Division Chief, Fire Chief, or designee.
b. Approval for use of the leave will be denied if there are insufficient hours in the Union Leave Bank to pay for the coverage of shifts during the proposed absence.
c. The Fire Chief or the Fire Chief’s designee in the Fire Chief’s absence may authorize additional Union Leave outside of the leave policy, which would exceed the maximum five (5) employees taking time off simultaneously, so long as staff coverage does not drop below daily staffing levels as stated in this MOU.

4.6.5 Shift Coverage
The Division Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence, pursuant to the current practice for obtaining shift replacements. In the event Union Leave is sought at a time when there are inadequate hours in the leave bank to cover the leave, employees may seek a shift-trade, vacation or comp-time in accordance with current policy and practice.

4.6.6 Timecard Coding
Employees absent on Union Leave shall code their time appropriately.

Backfill required for Union Leave shall not affect the Union Leave bank.

4.6.7 Disclaimer of Liability
The City assumes no responsibility for how the leave time is used. Time spent on Union Leave is not considered time worked for purposes of worker’s compensation. The Union shall indemnify and defend the City for any claim that arises in whole or part from the activities of employees utilizing such leave.

4.6.8 Overtime
Time spent on Union Leave is counted as time worked for purposes of calculating City or FLSA overtime.

4.6.9 No Waiver of Rights
Nothing in this section shall supersede the Fire Chief’s duty to maintain management control over shifts to ensure that the daily operation of the Fire Department and emergency situations are adequately covered.

SECTION 5: DAYS AND HOURS OF WORK

5.1 Work Period
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 10, Packet Page 78 MFFA MOU July 1, 2024 – June 30, 2027 Page 7 of 35
With the 48/96 work cycle described in Section 5.2 – Work Cycle, the work period for purpose of Fair Labor Standards Act (FLSA) shall be twenty-four (24) days, calling for 182 hours per employee. All three (3) platoons (shifts) shall have the same FLSA work period, beginning at 7:45 a.m. The regular on-duty twenty-four (24) hour work period shall start at 7:45 a.m. (0745) and conclude twenty-four (24) hours later at 7:45 a.m. (0745) the following day.

5.2 Work Cycle
a. The work cycle shall be a three (3) Platoon system, comprised of A, B, and C shifts, averaging fifty-six (56) hours per week, per employee. Employees work two consecutive twenty-four (24)-hour shifts for a total of forty-eight (48) hours, followed by four consecutive twenty-four (24)-hour shifts off for a total of ninety-six (96) hours. (Commonly known as a “48-96 – Hour Work Schedule”), repeating thereafter per the chart below (x = work day; O = day off):

XXOOOOXXOOOOXXOOOO, etc.
b. Monterey Fire Department Shift Calendar 2024, 2025, 2026 and 2027 is attached as Exhibit "A"

5.3 5.4

5.5 Changes of Time
Employees assigned to a 56-hour schedule shall continue to work their duty shifts during the time changes from Standard Time to Daylight Savings Time and back again until they are relieved by on-coming shift personnel without any changes in total compensation.

Exchange of Duty Time
The trading of time between Fire Department employees covered under the terms and conditions of this Agreement shall be in compliance with Monterey Fire Department Administrative Policy “Time (Shift) Trades” attached as Exhibit “B”. Trades must be made in a minimum of one (1) continuous hour.

Overtime
Overtime is authorized time worked outside the work schedule as identified in Section 5.2 – Work Cycle. Overtime shall be granted, worked, documented, and compensated under the provisions of Monterey City Code Section 25-11.05 (Overtime) and this Agreement. It is agreed there will be no change regarding current practice for overtime except as provided in this Agreement.

5.5.1 Calculating regular City overtime
Any time in a pay status, defined as including Sick Leave, Vacation, Compensatory Time Off, Union Leave, Personal Leave, holiday, or City compensated disability leave, will be counted as time worked when calculating overtime under the City’s system. City compensated Disability Leave shall not be deducted from the pay status. This shall be interpreted to mean that an employee’s use of leave hours is included in their calculation as time worked and any additional hours worked outside of the employee’s regularly assigned schedule will be eligible for overtime compensation under the FLSA.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 11, Packet Page 79 MFFA MOU July 1, 2024 – June 30, 2027 Page 8 of 35

5.5.2 Overtime hiring for Platoon Staffing
Overtime hiring for Platoon Staffing is contained in Monterey Fire Department Administrative Policy “Overtime Hiring Policy” attached as Exhibit “C”.

5.6 Payment of City Overtime
The City shall pay City Overtime (as differentiated from FLSA Overtime) on the payday after the pay period in which the overtime was earned. Any employee who receives an overpayment of City overtime shall be required to refund the overpayment to the City, or the City shall reduce the amount paid to the employee on the next payday by the amount of the overpayment.

5.7 Overtime Control Program
In order to reduce non-emergency overtime expenses, the Union and City agree to the current practice referenced in Monterey Fire Department Administrative Policy “Overtime Hiring Policy” attached as Exhibit “C.”

5.8 Emergency Call Back
a. Emergency call back is defined as beginning when an employee is called back to duty, while not on duty, for purposes of responding to an emergency or providing backup for personnel responding to an emergency and ending when the employee is released from duty (e.g., the scene or the station). b. The minimum compensation for emergency call back is two (2) hours at the fire call rate. The two (2) hour minimum includes travel time.

5.9 Modified Work Schedule

5.9.1 Modified work schedule In lieu of sick leave
If an employee suffers an injury or illness that prevents the employee from performing the essential functions of their job, with or without reasonable accommodation, and does not wish to use sick leave for the recuperation period, the employee may be assigned to a forty (40)-hour work schedule at the discretion of the Fire Chief, or designee, at their request without loss or modification of any rights, benefits, salary, accrual rates, or other total compensation items covered in this Memorandum of Understanding or other City ordinances relating to Fire Department shift personnel.

5.9.2 Modified work schedule for industrial injury/illness The City, at its option, may assign an employee suffering from an industrial injury or illness from a fifty-six (56)-hour work schedule to a forty (40)-hour work schedule at the discretion of the Fire Chief, or designee.

This determination shall accommodate the physical or mental limitation(s) and restriction(s) placed upon the employee by a medical provider, balanced with the needs of the City, as determined by the Fire Chief. Disabled employees shall be accommodated in accordance with the law. Employees so assigned will not lose any rights, benefits, salary, accrual rates or other total compensation items covered in this Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 12, Packet Page 80 MFFA MOU July 1, 2024 – June 30, 2027 Page 9 of 35
Memorandum of Understanding or other City ordinances relating to Fire Department shift personnel.

5.9.3 Modified work schedule for training
The City has an option to temporarily reassign shift personnel to a forty (40)-hour work schedule for purposes of Fire Department sanctioned training classes provided all the following criteria are met:

1. Maximum duration of training shall not exceed fifteen (15) days.

2. A minimum of thirty (30) days prior notification of proposed training.

3. Personnel assigned to training shall do so without loss or modification of any rights, benefits, salary, accrual rates, or other compensation items covered in this Memorandum of Understanding or other City ordinances relating to Fire Department shift personnel.

5.10 Work Schedule
The City and Union acknowledge there are no past practice constraints or maximums concerning work schedules within a twenty-four (24) hour shift. The City and Union acknowledge the City, through its managers and supervisors, can schedule work activities based upon departmental objectives, priorities and standards, as deemed appropriate by the Fire Chief. The development of such daily schedules will be the responsibility of the Station Captain or Acting Captain, subject to the review and approval of the Fire Chief or their designated representative. Work Schedule shall be in accordance with Monterey Fire Department Administrative Policy “Work Schedule” attached as Exhibit "D".

5.10.1 Daily work schedule
The daily work schedule (crew briefing, equipment checks, physical fitness training, department training, work programs, meals/breaks, etc.) and work productivity expectations shall remain the same for both days of the two (2)-day work cycle with the following exceptions:

1. The morning briefing and equipment checks may be omitted for the second twenty-four (24)-hour shift of the cycle, at the discretion of the Company Officer, without otherwise reducing or altering the scheduled daily work hours (0745-1700).

2. Upon request of a Company Officer, the duty Division Chief may authorize modification of the second twenty-four (24) - hour shift work schedule to include extended work break(s) and/or an extended lunch period for a crew that obtained less than three (3) hours of uninterrupted sleep time the previous night as a result of emergency incident response(s).

5.10.2 Meal Periods during Training
The Monterey Fire Department will, when possible, schedule a one (1)- hour lunch on days when training occurs. If training occurs off-site, a maximum of twenty (20) minutes’ travel time will be added before and/or after each meal period, when possible, provided that the employee is required to be away from the station for training immediately before or Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 13, Packet Page 81 MFFA MOU July 1, 2024 – June 30, 2027 Page 10 of 35
after the meal period. In an emergency response situation, this section will not apply.

5.11 Administrative Assignment Work Schedule and Leaves

5.11.1 Employee administratively assigned to a forty (40)-hour work schedule in excess of two (2) consecutive pay periods
a. The work period for purposes of the FLSA shall be seven (7) days calling for forty (40) hours. The regular workweek shall start at 12:00 a.m.

Sunday and end at 11:59 p.m. the following Saturday. The regular workweek assignment shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. Alternative work schedules (i.e. 4/10 or 9/80), in compliance with FLSA regulations, may be assigned at the discretion or the Fire Chief or designee. Working hours are subject to change to meet the Department's needs, including evenings and weekends. Employees shall receive pay or compensatory time off duty (subject to limitations in Section 8 – Compensatory Time equal to one and one-half (1-1/2) times the number of hours which they work in excess of their regularly assigned work schedule at the employee's forty (40)-hour work schedule rate of pay. b. Overtime assignments in which an employee is primarily engaged in the prevention, control and extinguishment of fires or response to emergency situations where life, property or the environment is at risk shall be compensated by pay or compensatory time off duty (subject to limitations in Section 8 – Compensatory Time equal to one and one-half (1-1/2) times the number of hours which they work in excess of their regularly assigned work schedule at the employee's fifty-six (56)-hour work schedule rate of pay.
c. Sick, vacation, and compensatory leave will be accrued and used based on a forty (40)-hour work schedule. When an employee on a fifty-six (56)- hour work schedule is assigned to a forty (40)-hour work schedule, all of their existing leave balances will be converted to a forty (40)-hour work schedule by being divided by 1.4. When an employee on a forty (40)-hour work schedule is assigned to a fifty-six (56)-hour work schedule, all of their existing leave balances will be converted to a fifty-six (56)-hour work schedule by being multiplied by 1.4.
d. Employees not required to work on any City designated holiday which would otherwise be a normal duty day, shall receive eight (8) hours of holiday pay at their regular rate of pay; Employees required to work on any of said holidays shall receive eight (8) hours of holiday pay at their regular rate of pay, and in addition thereto, they shall receive pay or compensatory time off duty (subject to limitations in Section 8 – Compensatory Time) equal to one and one-half (1-1/2) times the number of hours which they work on said holiday. If any of said holiday's falls on an employee's regular day off, during which they are not required to work, such employee shall be entitled to eight (8) hours of compensatory time off duty.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 14, Packet Page 82 MFFA MOU July 1, 2024 – June 30, 2027 Page 11 of 35

5.12 Deputy Fire Marshal Standby Time
When the Fire Chief or designee requires the Deputy Fire Marshal to be on standby, the employee shall earn $25.00 per day for such standby duty.

SECTION 6: MINIMUM LEAVE EVENTS

6.1 Minimum Leave Events
The minimum leave that can be taken by an employee for all leave events shall be one (1) continuous hours, except for educational purposes and sick leave, as defined by the meet and confer with the Labor Management Committee.

SECTION 7: HOLIDAYS

7.1 Holidays
The City of Monterey has a schedule of fourteen (14) paid holidays listed below:
• The first day of January (New Year’s Day)
• The third Monday of January (Dr. King’s Birthday)
• The third Monday of February (President’s Day/Washington’s Birthday) • The last Monday of May (Memorial Day)
• The nineteenth of June (Juneteenth)
• The fourth of July (Independence Day)
• The first Monday of September (Labor Day)
• The ninth day of September (Admission Day)
• The eleventh day of November (Veteran’s Day)
• The fourth Thursday of November (Thanksgiving Day)
• The day following Thanksgiving Day
• The twenty-fifth day of December (Christmas Day)
• The working day immediately preceding Christmas Day
• The working day immediately following Christmas Day
• Any additional holidays granted by the City Council, outside the meet and confer process, for all full-time City employees.

7.2 In Lieu Options
a. In lieu of the above holidays, all employees shall be entitled to elect to either receive Holiday compensatory time off or pay for the holidays. All holiday time shall be paid unless the employee elects to accrue holiday time subject to the provisions of this section. The employee may elect semi-annually (during the months of January and July) to change their selection between pay or time off accrual. b. Holiday Pay: Holidays will be paid at the rate of nine (9) hours and twenty (20) minutes per month at the employee’s forty (40) hour rate of pay. Holiday is paid semi-monthly at the rate of four (4) hours and forty (40) minutes per paycheck. c. Holiday Accrual: Holiday compensatory time will be accrued into a Holiday Leave Bank (separate from other leave banks) at the semi-monthly rate of seven (7) hours.

Holiday accruals will occur semi-monthly and will be reflected in the semi-monthly leave balance report. Holiday time cannot be accumulated in blocks less than Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 15, Packet Page 83 MFFA MOU July 1, 2024 – June 30, 2027 Page 12 of 35
fourteen (14) hours (full month’s accrual rate) with a maximum of 168 hours. At the end of the calendar year, based on balances as of December 31st, the Holiday Leave Bank will be paid down to zero (0) and will be paid with the first pay period in January (25th check) at the employee’s fifty-six (56) hour rate of pay. d. New or separating employees will receive the holiday benefit for the month so long as the major portion of the month is worked or in a pay status.

7.3 Use of Holiday Time Off
The use of holiday time off shall be in accordance with Monterey Fire Department Administrative Policy “Time Off Use” attached as Exhibit “E” and Section 7.2 – In Lieu Options.

SECTION 8: COMPENSATORY TIME

8.1 Maximum Accumulation of Compensatory Time Off (CTO) a. Subject to the provisions below, employees shall have the option to receive CTO at time and one-half (1/2) for any portion of overtime worked subject to a CTO accrual limit. If the employee does not notify the Fire Department of their selection between pay or compensatory time off before payroll is submitted to the Payroll Division for the pay period in question, then the overtime hours will be paid. b. Annual CTO accruals are limited by a “hard cap” – i.e., a maximum number of CTO hours that can be accrued in the year as well as a maximum that can be in an employee’s bank at any given time, regardless of CTO utilization during the year.

This means that regardless of utilization, once a member’s CTO accrual in the year reaches the hard cap, all further overtime is to be paid, not banked, with pay based on the employee’s fifty-six (56)-hour rate.
c. Compensatory time off will not be available to accrue during reimbursable events.

Hard Cap Amounts:

8.1.1 96 hours
a. Effective January 1, 2022, the maximum annual accrual and use of compensatory time off (CTO) shall be a “hard-cap” of 96 hours.

Employees with accruals at or below the 96 maximum hard cap carried over from the prior year may accrue additional CTO in the subsequent calendar year so long as the employee is below the 96 cap, up to the maximum applicable hard cap accrual of 96 hours. Employees are still eligible to accrue the entire allotment for that year, but may only start to accrue up to the annual limit incrementally as the leave bank from the prior year has been reduced. Employees whose accruals reach 96 hours may not accrue additional CTO, and shall instead be paid in cash for overtime work. The 96-hour cap constitutes the status quo for purposes of future negotiations.

8.2 Use of Compensatory Time Off
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 16, Packet Page 84 MFFA MOU July 1, 2024 – June 30, 2027 Page 13 of 35
The use of compensatory time off shall be in accordance with Monterey Fire Department Administrative Policy “Time Off Use” attached as Exhibit “E” and Section 8.1 – Maximum Accumulation of Compensatory Time Off.

SECTION 9: VACATION

9.1 Entitlement
a. Employees moving between a forty (40)-hour work schedule and a fifty-six (56)- hour work schedule convert vacation balances using a conversion factor of 1.4. All full-time personnel shall accrue annual vacation leave at the rates provided below:

Years of 40-Hour Week 56-hour Week
Continuous Service Annual Accrual Annual Accrual
First 5 years 103 hours 144 hours
After 5 years 144 hours 201 hours
After 10 years 174 hours 243 hours
After 15 years 197 hours 276 hours
After 20 years 206 hours 288 hours
b. Rules pertaining to use of vacation are contained in the City’s Personnel Rules found at Monterey City Code Section 25-12.01 (Vacation). c. Employees on a forty (40)-hour work schedule may accrue a maximum of 320 hours of vacation. Employees on a fifty-six (56)-hour work schedule may accrue a maximum of 448 hours of vacation.
d. Once an employee reaches the 320 or 448-hour accrual limit, the employee shall not accrue additional vacation. Vacation accrual, based on the employee’s accrual rates, shall commence only after an employee’s accrual banks are below the 320 or 448-hour maximum allowed.
e. Employees on a forty (40)-hour work schedule may cash-out up to forty (40) vacation hours per year to no lower than 280 once per year, either at the end of the fiscal year or at the end of the calendar year. Employees on a fifty-six (56)-hour work schedule may cash out up to fifty-six (56) vacation hours per year to no lower than 392 hours once per year, either at the end of the fiscal year or at the end of the calendar year. Exact cash out dates will be determined by the City Finance department. Vacation accruals will be cashed out upon separation from City employment.

9.2 Selection and Use
The selection and use of vacation hours shall be in accordance with Monterey Fire Department Administrative Policy “Time Off Use” attached as Exhibit “E.” SECTION 10: SICK LEAVE

10.1 Accumulation and Use
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 17, Packet Page 85 MFFA MOU July 1, 2024 – June 30, 2027 Page 14 of 35
Sick leave shall accrue at the rate of twelve (12) hours per month for employees on a fifty-six (56)-hour work schedule, if the employee works the major portion of the month, or eight (8) hours per month for employees on a forty (40)-hour work schedule and use shall be in accordance with Monterey City Code Section 25-12.02 (Sick Leave) and Monterey Fire Department Policy “Time Off Use” attached as Exhibit “E.”

10.2 Family Sick Leave
Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; or for the care related to the illness or injury of the employee and children (stepchildren, adopted, foster, or wards), parents (step, foster, guardian, wards, or in-laws), spouse, domestic partner, grandparent, grandchild, brother, or sister. this section does not extend the maximum period of leave to which an employee is entitled under the Family and Medical Leave Act of 1993 (29 U.S.C.

Section 2606, et seq.), the California Family Rights Act (Government Code Section 12945.2), and City policies implementing these Acts regardless of whether the employee receives sick leave compensation during that leave.

10.3 Personal Leave
Up to twenty-four (24) hours of accrued sick leave may be taken as Personal Leave during the calendar year so long as the employee has a minimum of 160 hours of accrued sick leave on the books at the time their Personal Leave is taken. Approval for the use of Personal Leave shall otherwise be subject to the same use rules as vacation.

10.4 Bereavement
The use of sick leave for Bereavement Leave shall remain at fifty-six (56) hours for employees scheduled to a fifty-six (56)-hour work schedule; employees administratively assigned to a forty (40)-hour work schedule are limited to forty (40) hours per calendar year.

10.5 Maternity and Parental Leave
a. Employees are entitled to leaves of absence for maternity, parental bonding, and pregnancy-related disability. All such leaves of absence shall be granted and compensated in accordance with state and federal laws covering these topics, including the Pregnancy Disability Leave, Family Medical Leave Act, California Family Rights Act and the Fair Employment and Housing Act. b. Employees taking an approved unpaid leave of absence for CFRA eligible babybonding are entitled to utilize accrued leave, including use of sick leave.

10.6 Family and Medical Leave Act
Represented employees are eligible for leave under the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). The provisions of this Agreement, City Personnel Rules, and Fire Department policies shall be applied in conformance with the FMLA and the CFRA.

10.7 No Pay Status for Long-Term Disability (LTD)
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 18, Packet Page 86 MFFA MOU July 1, 2024 – June 30, 2027 Page 15 of 35
After sixty (60) calendar days, an employee may elect not to use sick leave for an illness or injury and go into a no pay status with the City. The intent of this provision is to permit an employee to coordinate the treatment of their pay status by the City with the benefits of a Union provided LTD insurance plan.

10.8 Sick Leave/Industrial Disability Retirement
Upon either the City’s approval of an employee’s application for industrial disability retirement, or upon the City’s independent determination that a represented employee is industrially disabled, the represented employee shall not be entitled to use any remaining sick leave, and any remaining sick leave balance in the represented employee’s account shall be cancelled. This provision is intended to exercise the City’s rights under Government Code Section 21163. Represented employees employed in a represented classification prior to March 1, 2000, shall not be covered by this section.

10.9 Cash Out of Unused Sick Leave
a. An employee with at least twenty (20) years of Monterey Fire Department service who retires on a regular, non-disability retirement may “sell back” up to forty percent (40.0%) of the employee’s unused accumulated sick leave. The City shall pay for the sick leave at the base rate of pay on the day of retirement. b. Any sick leave days an employee “sells back” under this section shall not be converted to additional service credit under Section 15.1.4 – Credit for Unused Sick Leave.

10.10 Cash Out of Unused Sick Leave Line of Duty Death
In the event of a line of duty death of an employee, their estate shall be paid a sum of money equal to 100% of the value of any accrued but unused sick leave, calculated utilizing the base rate of pay of the employee at the time of death.

10.11 Minimum Leave Events
The minimum leave that can be taken by an employee for all sick leave events or Labor Code 4850 leave shall be fifteen (15) minutes.

10.12 Catastrophic Leave
The City maintains a Catastrophic Leave program that allows employees to donate accrued vacation, holiday or compensatory time to eligible employees suffering a catastrophic illness or injury. The Catastrophic Leave program is outlined in the City’s Personnel Rules found at Monterey City Code Section 25-12.11 (Catastrophic Leave). For employees working a fifty-six (56)-hour work schedule, initial leave time hours and balance threshold hours to receive additional time shall be multiplied by a factor of 1.4.

SECTION 11: STATION STAFFING

11.1 Minimum Staffing
a. The City recognizes that current staffing consists of a Fire Captain, Fire Engineer, and Firefighter on each Fire Engine and each Fire Truck. The minimum staffing Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 19, Packet Page 87 MFFA MOU July 1, 2024 – June 30, 2027 Page 16 of 35
level for Station 11 is one (1) Fire Engine Company and one (1) Fire Truck Company, Station 12 is one (1) Fire Engine Company, Station 13 is one (1) Fire Engine Company, Station 14 is one (1) Fire Engine Company, Station 15 is one (1) Fire Engine Company, Station 16 is one (1) Fire Engine Company. Station 16 is also staffed with one (1) additional Fire Engineer that is Aircraft Rescue Fire Fighting (ARFF) qualified that staffs a minimum one (1) person ARFF Unit. If any contract for service or partnership for service becomes void by one of the participating cities, staffing for that apparatus will become null and void. b. Likewise, if a contract for service or partnership for service is agreed to, then an amendment to this staffing section will be made to include the additional resources added under the partnership. The City further recognizes that ideal current staffing for relief Firefighters is a total of nine (9) firefighters.

11.2 Station Bidding and Assignment
Station Bidding shall be in accordance with Monterey Fire Department Administrative Policy “Station Bidding and Assignment” attached as Exhibit “F”.

SECTION 12: UNIFORMS

12.1 Uniform Standard
The Uniform Standard shall comply with the Monterey Fire Department Administrative Policy “Uniforms” attached as Exhibit “G.” This policy may be modified by the Labor/Management Committee during the term of this Agreement.

12.2 Uniform Allowance
The City shall provide Uniform Allowance pay of $90.00/month.

SECTION 13: PROBATION AND STEP ADVANCEMENT

13.1 Probation
Probationary rights shall be in accordance with Monterey City Code Section 25-

10.05 (Rejection During Probationary Period).

13.2 Step Advancement
Step advancement will be in accordance with Monterey City Code Section 25- 5.05 (b) (Step Advancements).

SECTION 14: INSURANCE PLAN
a. The City will make available a Flexible Benefits Plan (Cafeteria Plan) to eligible employees. The following is a brief summary of benefits available as a part of the Flexible Benefits Plan. To the extent that the insurance programs detailed below continue to be available, the City will continue to offer these programs. Employees should refer to the plan documents for a complete description of benefits, coverage and limitations.
b. Changes may be required from time to time to maintain the integrity of this flexible benefits plan as a lawful IRS Section 125 plan. The City and the Union agree that the Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 20, Packet Page 88 MFFA MOU July 1, 2024 – June 30, 2027 Page 17 of 35
City shall have the discretion to make such changes to ensure this plan is eligible for favorable treatment under the Internal Revenue Code. The City may add or remove benefit options to or from this plan during the term of this Agreement. Removal of a benefit shall occur only if the benefit is deemed contrary to public law or regulation governing IRS Section 125 Benefits Plan, is no longer available by vendor, or becomes insolvent. If, during the term of this Agreement, a change in insurance plans or coverage is necessary, the City shall provide notice thirty (30) days in advance, and, upon request, meet with representatives of the Union. If, during the term of this Agreement, the premium for an insurance plan changes, the City will attempt to provide a thirty (30) day notice in advance of the rate change.

14.1 Eligibility
Regular, full-time employees will be eligible to participate in any of the City’s health insurance programs.

14.2 Health Insurance

14.2.1 CalPERS medical insurance contribution
The City provides health insurance through the California Public Employee’s Retirement System (CalPERS). The employee contribution may vary depending on which plan the employee is enrolled in and in which CalPERS region they reside. The City shall make a nonelective employer contribution to the Flexible Benefits Plan on behalf of each active, full-time employee in an amount which includes the Public Employees’ Medical and Hospital Act (PEMHCA) contribution.

14.2.2 At the time of this Agreement, the current Health Plan Spending Fund (HPSF) rates are:
• $2,540.00 per month – family coverage
• $2,040.00 per month – employee + 1
• $914.82 per month – employee only

14.2.3 For the plan year effective January 1, 2025, if the CalPERS Gold health plan premiums increase above the City’s current HPSF contribution ($2,540.00 per month/family coverage, $2,040.00 per month/employee plus one, $914.82 per month/employee only), the City shall increase its contributions toward the premium commensurate with the increase, not to exceed nine percent (9.0%).

14.2.4 For the plan year effective January 1, 2026, if the CalPERS Gold health plan premiums increase above the City’s 2025 HPSF contributions, the City shall increase its contributions toward the premium commensurate with the increase, not to exceed nine percent (9.0%).

14.2.5 For the plan year effective January 1, 2027, if the CalPERS Gold health plan premiums increase above the City’s 2026 HPSF contributions, the City shall increase its contributions toward the premium commensurate with the increase, not to exceed nine percent (9.0%).

14.2.6 In 2027, the Union and the City agree to reopen the insurance benefits Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 21, Packet Page 89 MFFA MOU July 1, 2024 – June 30, 2027 Page 18 of 35
section of this Agreement to discuss future employer and employee contributions.

14.3 Medical Insurance Opt-Out
Employees who opt out of the City-sponsored CalPERS plan for health insurance and provide proof of alternate group medical insurance will be entitled to $300.00 per month. To qualify, an employee must provide proof of alternate group coverage to Human Resources. Alternate coverage must be acceptable by the City and compliant with the Affordable Care Act.

14.4 Retiree Medical Premium
Covered employees who retire under the provisions of the City’s contract with CalPERS are currently eligible to continue CalPERS medical coverage. The City will make the mandatory minimum employer health premium contribution for City retirees participating in the PEMHCA. The mandatory monthly rate is established by CalPERS annually and is effective on January 1 of each calendar year pursuant to Government Code Section 22892.

14.5 Cafeteria Plan and Optional Benefits
a. In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan) to all eligible employees. Employees may elect to participate in the following three (3) Section 125 programs offered by the City. • Premium Conversion
• Dependent Care (IRS contribution limits apply), and
• Flexible Spending Account (IRS contribution limits apply). b. Each of these programs will be administered in accordance with the IRS Code. c. Consistent with applicable laws and regulations, each employee may use their HPSF for any benefits permitted by law and provided for in the Cafeteria Plan document but will not receive any remaining HPSF balance as cash. Those benefits include:

1. Health insurance in accordance with PERS regulations and federal law,

2. Dependent dental coverage,

3. Additional life insurance provided by the City’s insurance carrier, up to the maximum allowed by the City’s carrier,

4. Dependent Care Assistance Plan, employees will pay any administration fee for this service through payroll deductions, and

5. Flexible Spending Account, employees will pay any administration fee for this service through payroll deductions.
d. For each month when the benefit options selected by the employee under this plan exceed the appropriate City contributions (Health Plan Spending Fund), that employee shall pay by pre or post-tax payroll deductions the full cost (100%) which exceeds the City’s contributions for that employee.

14.6 Dental/Orthodontia Insurance
a. The City provides a self-insured dental benefit. As such, the City shall pay the full cost of the employee-only dental premiums. The City shall pay the cost for Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 22, Packet Page 90 MFFA MOU July 1, 2024 – June 30, 2027 Page 19 of 35
employee dental insurance administered by a third-party administrator up to the annual maximums described in the plan description. Employees are responsible for adhering to the claims process outlined in the dental plan provisions. b. The City will provide eligible employee dependents the opportunity to participate in an open enrollment every year. An employee electing coverage for dependent(s) shall pay the full cost for dependent dental premiums rounded up to the nearest dollar.

14.7 Vision Care
The City provides vision care insurance and pays the full cost of premiums for employees and dependents. The plan will provide for expenses based on usual and customary rates as incurred up to the annual maximums described in the plan description.

14.8 Life Insurance
a. The City will provide a $10,000.00 Term Life Insurance and Accidental Death and Dismemberment Policy for each employee covered by this Agreement. b. Additional Term Life Insurance may be purchased by each employee through payroll deductions in increments of $10,000.00, subject to the City’s life insurance carrier’s coverage limitations. An employee may purchase additional term life insurance up to the lesser of $350,000 or five (5) times their basic annual earnings.

The purchase of additional insurance shall be in accordance with payroll deduction procedures established by the Finance Director and the underwriting requirements of the insurance carrier.
c. Subject to the conditions of the City’s life insurance carrier, the City shall offer to employees at the time of their retirement or separation the option to convert their life insurance policy (both City-paid and employee-purchased supplemental insurance) to individual coverage at the employee’s expense.

SECTION 15: RETIREMENT

15.1 Public Employees Retirement System (PERS)

15.1.1 “Classic” employees
For "Classic" employees, as defined by the Public Employees' Retirement System (PERS), hired prior to January 1, 2013, or who were employed full-time by another PERS (or reciprocal) agency within six (6) months prior to date of hire by the City of Monterey, retirement benefits for employees shall be those established by the PERS for Local Safety Members three percent (3.0%) at age fifty (50) Formula, highest single year.

15.1.2 PEPRA employees
For new employees, as defined by the Public Employees' Retirement System (PERS), hired on or after January 1, 2013, retirement benefits shall be those established by the PERS for Local Safety Members 2.7% at age fifty-seven (57) Formula, highest three (3) years.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 23, Packet Page 91 MFFA MOU July 1, 2024 – June 30, 2027 Page 20 of 35

15.1.3 Cost share for “Classic” employees
"Classic" employees, as defined by the Public Employees' Retirement System (PERS), shall contribute a five percent (5.0%) additional member contribution over and above the normal contribution for "Classic" members toward the employer’s contribution, for a total member contribution rate of fourteen percent (14.0%), as memorialized in a 2018 contract amendment with CalPERS.

15.1.4 Credit for unused sick leave
a. As permitted by California Government Code Section 20965, an employee who retires may convert up to 100% of the employee’s unused accumulated sick leave to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e. 250 days of sick leave equals one (1) additional year of service credit.) b. If an employee elects to convert unused accumulated sick leave to additional service credit, those sick leave days shall not be “sold back” under Subsection Cash Out of Unused Sick Leave of this Agreement.

15.1.5 1959 survivor benefits
a. Each represented employee shall be enrolled in the PERS 1959 Survivor Benefit, Indexed Level.
b. As required by Government Code Sections 21380-21387, including Section 21382.4, and related PERS regulations, each represented employee shall contribute any required PERS member contribution toward the cost of this benefit.

15.2 Implementation of Internal Revenue Code Section 414(H) (2) The City shall make the employer contribution to PERS for each employee, and each employee will pay their own member contribution, with state and federal income tax on the member contribution deferred to the extent allowed by the Internal Revenue Code 26 USC Section 414(h)(2). During the term of this Agreement, the City shall pay for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and for contribution credits (rebates) from PERS.

15.3 City Funded Retirement Health Savings Plan (RHSP)
a. Effective January 1, 2007, the City will contribute $50.00 per month per employee to the Retirement Health Savings Plan (RHSP). The City’s contribution and related investment results will then be provided to the employee upon separation, or retirement, as long as the employee reaches ten (10) years of City service. b. If an employee does not reach at least ten (10) years of City service or more, the City’s contribution and investment results shall return to the City to offset further contribution costs. If the employee chooses to contribute their own funds to the RHSP, the employee’s funds and related investment results shall be available to the employee upon separation regardless of vesting.

15.3.1 Disclaimer
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 24, Packet Page 92 MFFA MOU July 1, 2024 – June 30, 2027 Page 21 of 35
The above descriptions are not intended to supersede current Internal Revenue Service regulations or how these regulations may change from time to time. These Internal Revenue Service regulations may affect the City’s ability to provide this program. Further, this section would be subject to the rules and restrictions of the City’s RHSP provider, currently ICMA. The descriptions are for informational purposes only.

15.4 Deferred Compensation—Match Program
a. The City will match up to $75.00 per pay period ($150.00 per month) of an employee’s contribution to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law. b. The parties agree that during the term of this Agreement, at least one (1) member from the unit will participate in any deferred compensation committee to consider additional deferred compensation options for all City employees.

SECTION 16: SPECIAL PAYS

16.1 Deputy Fire Marshal Premium Pay
Employees in the classification of Deputy Fire Marshal shall receive a ten percent (10.0%) Fire Prevention Assignment Premium Pay.

16.2 Fire Staff Premium Pay
a. Employees administratively assigned into a staff assignment on a forty (40)-hour work schedule for a period longer than 3 months shall receive a ten percent (10.0%) Fire Staff Premium Pay.
b. The Deputy Fire Marshal and those on modified duty assignments are ineligible to receive Fire Staff Premium Pay.

16.3 Educational Incentive Pay (EIP)

16.3.1 Grand-parented Educational Incentive Pay (EIP)
a. Entitlement and Rate of Compensation
The entitlement and compensation of Educational Incentive Pay (EIP) shall be in accordance with the provisions of Monterey City Code Section 25-11.07 (Education Incentive Plan).
b. Eligibility
All employees hired prior to October 1, 1990, will continue to be eligible to participate in the Educational Incentive Program.

Employees hired by the City after October 1, 1990, will not be eligible to participate in the Educational Incentive Program.

16.3.2 Education Incentive Premium Pay (EIPP)
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 25, Packet Page 93 MFFA MOU July 1, 2024 – June 30, 2027 Page 22 of 35
a. All employees who have completed their initial probationary period in the Fire Department may participate in the City’s Education Incentive Premium Pay (EIPP) program.
b. Eligible employees shall receive:
• two and a half percent (2.5%) premium pay on base salary for an associate degree or sixty (60) units of college credit, • five percent (5.0%) premium pay on base salary for a
Baccalaureate
• seven and a half percent (7.5%) premium pay on base salary for a Master’s Degree
c. An employee may not participate in both EIP and EIPP programs.

16.4 Longevity Pay
Employees hired on or after May 16, 2017 shall not be eligible for Longevity Pay. a. For represented employees hired before May 16, 2017, with at least twenty (20) years of continuous full-time City of Monterey service or more, a five percent (5.0%) increase to base pay for longevity will be provided. b. For represented employees hired before the May 16, 2017, with at least twentyfive (25) years of continuous full-time City of Monterey service or more, a total of ten percent (10.0%) increase to base pay for longevity will be provided. c. For represented employees hired before May 16, 2017, with at least thirty (30) years of continuous City of Monterey service or more, a total of fifteen percent (15.0%) increase to base pay for longevity will be provided. d. Years of service in Pacific Grove, Carmel, Monterey Airport District, or any other agency shall not be counted as years of service in Monterey for purposes of calculating eligibility for longevity pay.
e. Employees receiving “stacked” longevity pay in effect at the time of ratification will continue receiving such compounded ten percent (10.0%) and fifteen percent (15.0%) pay. For example, an employee currently receiving longevity for twenty-five (25) years will continue to receive 10.25% and those currently receiving longevity for thirty (30) years will continue to receive 15.763%. If an employee becomes eligible for longevity pay following ratification of this MOU, or additional longevity pay, the flat rates of ten percent (10.0%) and fifteen percent (15.0%) as described above will apply.

16.5 California State Company Officer Certification Pay Employees who possess a California State Company Officer Certification shall receive two and a half percent (2.5%) premium pay on base salary.

16.6 Bilingual Premium Pay
a. Employees shall have the opportunity to demonstrate foreign or sign language proficiency and subsequently be bilingual certified. An employee who receives Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 26, Packet Page 94 MFFA MOU July 1, 2024 – June 30, 2027 Page 23 of 35
such certification shall be eligible to receive compensation equal to five percent (5.0%) of their base monthly salary.
b. To maintain eligibility an employee must meet all of the requisite policy criteria, including but not limited to: 1) Target language must be approved by Fire Chief, 2) Must demonstrate language proficiency through standardized testing, 3) Must be successfully re-certified every 36 months, and 4) Target language must continuously meet existing needs of department, City, and community.

16.7 Acting Status

16.7.1 Temporary Upgrade Pay
a. Employees assigned to work out of class shall receive pay for duties of the position assumed. If the employee has performed the duties of the classification and has successfully completed the appropriate task book for the acting out of class positions listed below the employee shall continue to be eligible for acting out of class pay when assigned to perform the duties of the classification. If the employee has not successfully completed the designated task book, the employee shall not be eligible to work out of class in the classifications listed below.

Employees eligible for acting out of class pay shall receive increased pay as provided below:
• Firefighter working as Engineer: 5.0%
• Firefighter working as Captain: 10.0%
• Engineer working as Captain: 5.0%
• Captain working as Division Chief: 10.0%
b. Out of class pay shall be for entire time working out of class, so long as the employee works at least one continuous hour. If the employee does not work at least one continuous hour out of class, there shall be no additional compensation.

16.7.2 Acting Division Chiefs
a. The Fire Chief will establish a list of eligible employees that may serve as the acting Division Chief. The Acting Division Chief’s list will be comprised of those employees who are on the Division Chief promotional hire eligibility list or completed an Acting Division Chief’s Taskbook. All acting Division Chiefs will receive Department-designated training and education that is designed to assure the employee is capable of leading the City’s fire forces in both emergency and non-emergency settings. b. Acting Division Chiefs will be used at the discretion of the Fire Chief or his designee. Acting Division Chiefs will be assigned only after all regular Division Chiefs have been provided the opportunity to work the shift in which Division Chief Coverage is needed, as determined by the Fire Chief. Acting Division Chiefs will not be assigned involuntarily to work during periods they are not otherwise scheduled to work.

16.7.3 Acting Captain
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 27, Packet Page 95 MFFA MOU July 1, 2024 – June 30, 2027 Page 24 of 35
a. The Fire Chief will establish a list of eligible employees that may serve as the acting Captain. The Acting Captain list will be comprised of those employees who are on the Captain promotional hire eligibility list or completed an Acting Captain’s Taskbook.
b. All acting Captains will receive Department-designated training and education that is designed to assure the employee is capable of leading the City’s fire forces in both emergency and non-emergency settings. c. Acting Captains will be used at the discretion of the Fire Chief or his designee. Acting Captains will be assigned only after all regular Captains have been provided the opportunity to work the shift in which Captain Coverage is needed, as determined by the Fire Chief. Acting Captain will not be assigned involuntarily to work during periods they are not otherwise scheduled to work.

16.7.4 Acting Fire Engineer
a. The Monterey Fire Department will continue to maintain a volunteer list for Acting Fire Engineers.

1. Personnel may elect to remove their names from this list, but must do so in writing a minimum of ten working days (standard forty (40)-hour work schedule) prior to having their name removed.
a. Employees who take and pass a promotional test for the position of Fire Engineer will automatically be placed on the Voluntary Acting Engineers List. These individuals may not remove their name from the Acting Engineer List during the life of the promotional list.
b. Only employees that have a completed the Acting Engineers Task book can fill acting positions and will be considered for such positions if open in the department.

SECTION 17: EMERGENCY MEDICAL SERVICES (EMS)

17.1 Emergency Medical Technician (EMT)
EMT certification is a condition of employment and part of the job classification, however the City is responsible to make sure the EMT certification is renewed for each employee. The City will provide on-site training at its expense; however, for offsite training the Fire Chief, Assistant Fire Chief, or their respected designee approval is needed.

17.2 Advanced Life Support (ALS)

17.2.1 Participation in the Paramedic Program
a. Personnel who have a current State of California Paramedic License may participate in the program. Participation will be limited to the following ranks:
• Firefighter
• Engineer
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 28, Packet Page 96 MFFA MOU July 1, 2024 – June 30, 2027 Page 25 of 35
• Captain
b. Personnel participating in the program must maintain their State of California Paramedic License as well as any other certifications required by the Monterey County EMS Agency for the entire duration of their participation.
c. The program requires a minimum number of licensed and accredited paramedics based on the number of companies placed in ALS status as detailed in the table below.

Number of ALS
Companies in service
Minimum
Paramedics
1 6
2 9
3 12
4 15
5 18
6 21
7 24
8 27

17.2.2 Ongoing Paramedic Training and Continuing Education (CE) a. All required training will be done on duty to the extent possible. Any required training that cannot be done on duty may be done on overtime with approval in advance by the Fire Chief or designee. b. All reasonable costs associated with required training (registration, certification fees, books, materials, travel, etc.) will be borne by the City. c. The City will pay the cost of the license renewal for paramedics in the program.
d. The City, at its sole discretion, may pay training and licensure costs for paramedics not in the program.

17.2.3 Initial Paramedic Training
a. The City will endeavor to provide training for existing personnel that wish to obtain a paramedic license when funding may be available. b. Selection for participation will be prioritized by rank as follows (in order of preference):
• Firefighters
• Engineers
• Captains
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 29, Packet Page 97 MFFA MOU July 1, 2024 – June 30, 2027 Page 26 of 35
c. Personnel wishing to participate in a paramedic training program will be selected using a screening process that will be determined by the City when training is available. Such a screening process may include components as required by the potential educational institution providing the training.

17.2.4 Program Commitment
a. Personnel who are hired after the start of the program who possess a paramedic license will be required to commit to the program for a minimum of 5 years.
b. Personnel who are sponsored by the City to attend a paramedic training program will be required to commit to the program for a minimum of 5 years.
c. In no case will a required commitment to the program be used to prevent personnel from promoting.
d. The start date of the commitment will be based on the date the employee is accredited to work as a paramedic in Monterey County.

17.2.5 Withdrawal from the Paramedic Program
a. Personnel wishing to withdraw from the program may do so if all of the following conditions are met:

1. They have completed their minimum commitment based on Section

19.2.1 – Participation in the Paramedic Program.

2. They have submitted the request to withdraw, in writing, to the Fire Chief at least ninety (90) days prior to their requested withdrawal date.

3. There is another licensed paramedic that can be accredited in time to fill the program vacancy created by their withdrawal to maintain the minimum paramedic availability as identified in Section 19.2.1 – Participation in the Paramedic Program and that will not adversely impact other Department operational needs. If there is no available paramedic to fill the position then the resignation will not go in effect until an eligible paramedic is in place.
b. If two (2) (or more) personnel request withdrawal from the program at the same time, departmental seniority will determine the order in which the withdrawals are authorized.

17.2.6 Assignment to ALS Companies
The paramedic position on ALS companies must be filled on a 24/7/365 basis. Personnel in the ranks of Firefighter, Engineer, and Captain may fill the position as long as they are currently licensed and accredited.

17.2.7 Paramedic Pay
The paramedic pay premium is ten percent (10.0%) based on top step firefighter base pay for those paramedics assigned by the Fire Chief to participate in the program.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 30, Packet Page 98 MFFA MOU July 1, 2024 – June 30, 2027 Page 27 of 35
SECTION 18: WELLNESS PROGRAMS

18.1 Sports Center Pass
a. Upon complying with Sports Center membership requirements, employees shall receive annual, renewable and nontransferable employee-only passes to the Monterey Sports Center in order to implement their personal fitness programs. The Internal Revenue Service views the employee membership as taxable income. Use of the Sports Center will be limited to off-duty hours. b. Employees may apply the dollar value of the employee-only pass to the Monterey Sports Center towards the purchase of a family pass to this facility. The employee shall be responsible for the cost differential between the credit value of the employee-only pass and the family pass. Every twelve (12) months from the date of the purchase of the family pass, the employee shall be afforded the opportunity to make an election to continue crediting the value of the employee-only pass towards the family pass, which shall be irrevocable for the next twelve (12) months. c. Employees electing to receive a family pass under this program shall have a payroll deduction for the cost of maintaining the family pass active from month to month based on the difference between the cost of the family pass and the employee-only pass. Upon separation from the City, the family pass shall be cancelled unless the separated employee elects to maintain the pass under the same conditions available to the general public.

18.2 Employee Assistance Program
Employees represented by the Union shall have available to them the full range of wellness services offered through the City's contract with the Employee Assistance Program provider.

18.3 City Recreation Program Fees
The City shall provide Resident Rates for City Recreation classes and programs to immediate family household members (spouse, domestic partner and dependent children 20 years of age and younger) of active City employees.

18.4 Physical Fitness Program
The City and Union agree to the Monterey Fire Department Administrative Policy "Physical Fitness Program” attached as Exhibit “H.” It is agreed this program is under development and that constant evaluation is a benefit to City and Union membership.

18.5 No Smoking Policy
The City and Union agree that smoking is prohibited on and off duty and that violation of this Agreement can subject an employee to discipline, as provided in the Monterey Fire Department Administrative Policy “No Smoking” attached as Exhibit “I.”

18.6 Substance Abuse
The City and Union agree it is to their mutual benefit to ensure the workplace is drug free. The Monterey Fire Department Administrative Policy “Substance Abuse” Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 31, Packet Page 99 MFFA MOU July 1, 2024 – June 30, 2027 Page 28 of 35
is attached as Exhibit “J” is intended to ensure employees are: (1) not using illegal drugs in or out of the workplace; (2) not using prescription or controlled medications in a manner other than as prescribed; or (3) not under the influence of drugs or alcohol while on duty. The City and Union recognize testing employees for drug use based on “reasonable suspicion,” will achieve these goals. The process for the City’s selection of appropriate medical and laboratory personnel to conduct such tests shall allow participation of at least one representative from the Union.

18.7 Physical Exams
Employees may use the City contract doctor or may choose to utilize their own doctor for their periodic City scheduled physical examination. For those employees choosing to utilize their own doctor, the City will reimburse the employee for actual out of pocket costs, that would otherwise not be reimbursed, to utilize their own doctor, not to exceed the amount that the City pays for physical examinations through its contract doctor. The employee, to receive said reimbursement, must present to the City the insurance carrier’s Explanation of Benefits indicating the full amount of insurer payment. Employees choosing to utilize their own doctor must require their doctor to conduct the same physical examination as specified in the City’s contract and provide a written report to the City certifying the employees’ fitness for duty. Employees choosing to utilize their own doctor shall schedule their own appointments.

SECTION 19: MISCELLANEOUS PROVISIONS

19.1 Exhibits
Exhibits referenced in this Memorandum of Understanding are attached and incorporated herein by reference as if set forth in full.

19.2 Hiring of Chief Officers
When the City is in the process of hiring for the position of Fire Chief, Union may suggest candidate dimensions for incorporation into the candidate testing process.

19.3 California Office of Emergency Services Response
The City agrees that the staffing level for O.E.S. response shall be four (4) paid personnel. The four (4) personnel response shall be the minimum except in those instances when it is not possible to staff four (4) due to the unavailability of paid staff. The parties agree that upon mutual agreement, the staffing levels may be altered. Should the O.E.S. change staffing levels during the term of the Memorandum of Understanding, the parties will conform to the requirements of the O.E.S.

19.4 Safety Equipment
Minimum Standards for safety equipment shall be determined by the latest edition of the National Fire Protection Association (NFPA) Standard 1550 – Standard For Emergency Responder Health and Safety (2024).

The City agrees to adopt and follow:
• NFPA 1550 – Chapter 9 Protective Clothing and Protective Equipment Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 32, Packet Page 100 MFFA MOU July 1, 2024 – June 30, 2027 Page 29 of 35
• NFPA 1550 – Chapter 10 Emergency Operations

19.5 Tuition Reimbursement
The Tuition Reimbursement allowance shall be $2,000 per year per employee. The program shall include reimbursement for seminars and other accredited courses that are job related and course textbooks.

19.6 Prepaid Legal Services
Each represented employee shall have the option of participating in a prepaid legal service plan. Each participating employee shall pay, via payroll deduction, the monthly fee established by the company providing the prepaid legal service.

19.7 Automatic Aid Response to Emergency Incidents
During the term of this Agreement, the City retains its right to enter into automatic aid response agreements with neighboring jurisdictions. The decision to enter into an automatic aid agreement shall be based upon the City Council’s sole judgment and discretion. At its option, the Union may request to meet with the Fire Chief to discuss any impact that such agreements may have on mandatory bargaining subjects. Any agreements reached by the City and Union shall be written, signed, and attached to this Agreement.

19.8 Labor Management Committee
MFFA Local 3707 and the Fire Chief shall jointly create a standing Labor/Management Committee which purpose and goals shall be to:

1. Foster a creative, cooperative, and collaborative relationship between the management of the Monterey Fire Department and the Monterey Fire Fighters Association, IAFF Local 3707.

2. Enhance mutual cooperation and communication.

3. Provide a forum to discuss and resolve departmental operational issues and concerns outside of the formal collective bargaining format.

19.8.1 Membership

1. The Committee shall consist of six (6) members:
a. Three (3) members shall represent labor and be appointed by MFFA Local 3707.
b. Three (3) members shall represent management and be
appointed by the Fire Chief.

2. Members shall serve at the discretion of their respective appointing authority.

3. Committee membership shall be voluntary and without
compensation or other benefit.

19.8.2 Meetings

1. Committee meetings shall be as frequently as agreed by mutual consent, but not less than once per calendar quarter.

2. The lead representative for either party may request a committee meeting, and shall provide a description of the items/issues requested for discussion and/or action.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 33, Packet Page 101 MFFA MOU July 1, 2024 – June 30, 2027 Page 30 of 35
a. Committee meetings shall be scheduled as soon as practically possible by mutual agreement of both parties. Neither party shall arbitrarily refuse to meet within a reasonable time frame pursuant to a meeting request by the other party.
b. Meeting time and location shall be by mutual consent.

19.8.3 Authority

1. The Committee shall have the following authority:
a. By mutual agreement, to create, modify, suspend, or rescind any department level policy, procedure, guideline, or practice not in conflict with the text of this MOU, any city code section, policy, rule, or practice, or in violation of any county, state, or federal law, regulation, or ruling. In accordance with the above, the parties may, by mutual agreement, propose to modify Exhibits attached the MOU, with City Council approval.
b. No decision or action taken by this committee shall result in any increased department fiscal liability except as authorized by the Fire Chief within existing department budget authority, or as authorized by the City Council through the normal budget process for future fiscal years.

19.9 Nepotism
a. In the event of Fire Department consolidation with any outside agencies, the City shall meet and confer with MFFA Local 3707 regarding the City’s nepotism policy. b. Any potential violations to Monterey’s Nepotism Policy (City Code Section 25-3.08 (Employment of Relatives)) that may occur as a result of a contract to provide fire services to another jurisdiction, and where such contract or agreement includes a provision to transition employment of some or all of the contact agency’s incumbent personnel to employment with the City of Monterey in order to provide the contractual fire services, shall be treated as exceptions to the City nepotism policy.

Related employees affected by this exception shall be regularly assigned to a different divisions or shifts; however, this shall not preclude related employees from working in the same division or shift on an overtime, shift trade, or emergency basis.

In these situations, related employees will generally be assigned to different stations or apparatus unless operational need dictate otherwise. c. All stations and/or platoons shall be referenced as divisions. Family members may work within the same department but not within the same station or in any relationship that involves either direct or indirect supervision on a permanent basis.

SECTION 20: PERSONNEL RULES AND REGULATIONS
Personnel Rules and Regulations in effect at the date of this Agreement shall prevail unless superseded specifically by this Agreement. This section does not subject those Personnel Rules and Regulations which would otherwise be excluded from the meet and confer process, to any need to meet and confer.

20.1 Layoff Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 34, Packet Page 102 MFFA MOU July 1, 2024 – June 30, 2027 Page 31 of 35
a. The policies and procedures established for the layoff of City employees are contained in the City’s Personnel Rules found at Monterey City Code Section 25-

13.03 (Layoff). In addition, the layoff provisions due to consolidation of fire services with the Cities of Pacific Grove, Carmel-by-the-Sea, and Monterey Peninsula Regional Airport are stated in the following agreements:

1. Agreement Between the City of Pacific Grove, the City of Monterey, the Pacific Grove Firefighters Association, and the Monterey Firefighters Association (Dated October 8, 2008)

2. Agreement Between the City of Carmel-by-the-Sea, the City of Monterey, the Carmel Professional Firefighters Association, and the Monterey Firefighters Association (Dated December 7, 2011)

3. Agreement Between the Monterey Peninsula Airport District, the City of Monterey, the Monterey Airport Fire Fighters Association, and the Monterey Fire Fighters Association (Dated October 31, 2013)
b. Those provisions include, but are not limited to, those listed below.

20.1.1 Layoffs
a. The City guarantees that no Pacific Grove, Carmel-By-The-Sea, and Monterey Peninsula Airport Employees who had passed their probationary period with their respective employers prior to being hired by Monterey shall be laid off from Monterey during the term of the Master Agreement or any extensions of it.

This provision shall not be interpreted to prevent Monterey from terminating an Employee through the Monterey disciplinary process. b. In implementing any potential layoffs affecting employees represented by MFFA during the term of Any Master Agreement or any extensions of it, the City’s Layoff Policy in Section 25-13.03 (Layoff) of the Monterey City Code shall be implemented as follows.

The employees represented by MFFA will be placed in one of five (5) groups:

1. Group 1 shall consist of all employees who were employed by Monterey in a position represented by MFFA as of December 15, 2008 and all employees who were employed by Monterey
pursuant to the Agreement to Provide Fire Services Between the Cities of Monterey and Pacific Grove;

2. Group 2 shall consist of all employees who were employed by Monterey pursuant to the Agreement to Provide Fire Services between the Cities of Monterey and Carmel-by-the-Sea who had passed their probationary period as employees of Carmel-bythe-Sea prior to being hired by Monterey;

3. Group 3 shall consist of all employees hired by Monterey following the date Monterey begins providing fire services pursuant to the Agreement to Provide Fire Services Between the Cities of Monterey and Carmel-by-the-Sea and all employees who were employed by Monterey pursuant to the Agreement to Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 35, Packet Page 103 MFFA MOU July 1, 2024 – June 30, 2027 Page 32 of 35
Provide Fire Services Between the Cities of Monterey and Carmel-by-the-Sea who had not passed their probationary period as employees of Carmel-by-the-Sea prior to being hired by Monterey. Seniority within each group shall be established in accordance with Section 25-13.03 (Layoff) of the Monterey City Code.

4. Group 4 shall consist of all employees hired by Monterey following the date Monterey begins providing fire services pursuant to the Agreement to Provide Fire Services between the Cities of Monterey and the Monterey Peninsula Airport. Seniority within each group shall be established in accordance with Section 25-13.03 (Layoff) of the Monterey City Code.

5. Group 5 shall consist of all employees hired by Monterey after the date Monterey begins providing fire services pursuant to the Agreement to Provide Fire Services between the Cities of Monterey and Monterey Peninsula Airport. Seniority within each group shall be established in accordance with Section 25-13.03 (Layoff) of the Monterey City Code.
c. If position(s) filled by employees represented by MFFA are eliminated as a result of termination of the Agreement to Provide Fire Services between the Cities of Monterey and Pacific Grove, employee(s) in Group 5 will be subject to layoff first, followed by employee(s) in Group 3, followed by employees in Group 1. d. If position(s) filled by employees represented by MFFA are eliminated as a result of termination of the Agreement to Provide Fire Services between the Cities of Monterey and Carmel-by-the-Sea, employee(s) in Group 5 will be subject to layoff first, followed by employee(s) in Group 3, followed by employees in Group 2. e. If position(s) filled by employees represented by MFFA are eliminated as a result of termination of the Agreement to Provide Fire Services between the Cities of Monterey and Monterey Peninsula Airport, employee(s) in Group 5 will be subject to layoff first, followed by employee(s) in Group 4.
f. If position(s) filled by employees represented by MFFA are eliminated for reasons other than termination of the Agreement to Provide Fire Services between the Cities of Monterey and Carmelby-the Sea or termination of the Agreement to Provide Fire Services between the Cities of Monterey, Pacific Grove, and Monterey Peninsula Airport, and all of said agreements are still in effect, then employee(s) in Group 5 followed by employees in Group 3 shall be subject to layoff.

20.2 Promotions
a. Changes in an established testing process will be submitted in writing to the Union for review and input no fewer than thirty (30) days prior to the posting of the job Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 36, Packet Page 104 MFFA MOU July 1, 2024 – June 30, 2027 Page 33 of 35
flyer. The Union must provide any suggested input within the thirty (30)-day notice period to the Human Resources Department.
b. Consistent with Monterey City Code 25-2.30 (Promotion), information will be available in the Human Resources Department at the time of posting for promotions to positions within the unit. Information will include application instructions, minimum qualifications, study material, reference information, if appropriate, and information on what will determine a passing score.
c. After the conclusion of a testing process candidates can also obtain their personal test score. Any promotional candidate may meet with the Fire Chief before or after the promotional process to discuss the skills and qualities that would improve their potential as a promotional candidate.
d. At the candidate’s request to the Fire Chief, any promotional candidate who has been selected for an interview, but has been passed over for a second time during the life of the promotional list, shall be given the reason(s) they were not selected for the promotional opportunity in writing from the Fire Chief. e. Employees participating in promotional testing shall receive a notice of their rank on the eligible list and the entire list shall be provided by the City to the Union president.

SECTION 21: SEPARABILITY OF PROVISIONS

21.1 Savings Clause
In the event that any section or provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the section of the Memorandum of Understanding shall be null and void, but such nullification shall not affect any other section or provisions of this Memorandum of Understanding, all of which sections or provisions shall remain in full force and effect. The parties shall meet and confer regarding the impact of such null and void item(s).

21.2 Binding on Successor
This Memorandum of Understanding shall be binding, during the term of this Agreement, on any successor employee organization representing the recognized majority of Monterey Fire Department employees in the ranks of Fire Fighter, Fire Engineer, Fire Captain, and Deputy Fire Marshal.

SECTION 22: RIGHTS
Rights, privileges and working conditions enjoyed by employees at the time this Memorandum of Understanding is formally adopted by the Union and the City Council will remain in force for the term of this Agreement. It is the intent of this section to encompass only those rights, privileges and working conditions subject to the meet and confer process that exist at the time of adoption. It is not the intent of this section to abridge any rights outlined in Monterey City Code Sections 25-16.03 (Employee Rights) through 25-16.05 (Rights of Employee Organizations). Nor is it the intent of this section to bar, during the term of this Agreement, meeting and conferring between the City and Union on new issues that arise within the scope of representation.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 37, Packet Page 105 MFFA MOU July 1, 2024 – June 30, 2027 Page 34 of 35

CITY OF MONTEREY MONTEREY FIRE FIGHTERS

ASSOCIATION

Dated: _________________________ Dated: __________________________ _________________________________ _________________________________ Brette Neal, Human Resources Director Phil Bezouska, MFFA

Dated: __________________________ Dated: ___________________________ _________________________________ _________________________________ Gina Russo, Assistant HR Director Kyle Cadigan, MFFA

Dated: __________________________
_________________________________
Rafaela King, Finance Director
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 38, Packet Page 106 MFFA MOU July 1, 2024 – June 30, 2027 Page 35 of 35
Attachments
Exhibit A: Monterey Fire Department Shift Calendar 2024, 2025, 2026 and 2027 Exhibit B: Monterey Dire Department Policy #123.104 “Time (Shift) Trades” Exhibit C: Monterey Fire Department Policy #F1001 “Overtime Hiring” Exhibit D: Monterey Fire Department Policy #232.101 “Work Schedule” Exhibit E: Monterey Fire Department Policy #123.103 “Time Off Accrual, Use, Recording” Exhibit F: Monterey Fire Department Policy #F1005 “Station Bidding and Assignment” Exhibit G: Monterey Fire Department Policy #F1057 “Uniform Standards” Exhibit H: Monterey Fire Department Physical Fitness Program Exhibit I: Monterey Fire Department Policy #642.101 “No Smoking” Exhibit J: Monterey Fire Department Substance Abuse Policy Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 39, Packet Page 107

S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30
31 S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 5 6 1 2 3 4 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
30 S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30

S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31

APRIL MAY JUNE
Monterey Fire Department Shift Calendar
2024

JANUARY FEBRUARY MARCH

A SHIFT B SHIFT C SHIFT

JULY AUGUST SEPTEMBER

OCTOBER NOVEMBER DECEMBER
S:\600-Public-Safety\604-Fire-Operations\604-01-Gen-Info\Shift Calendars\SCHEDULE 2024.xlsx Yellow-framed dates are 1st day of new 24-day FLSA period.

Exhibit A – Shift Calender 2024 and 2025
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 40, Packet Page 108

S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31

S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30

S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31 S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
30 APRIL MAY JUNE
Monterey Fire Department Shift Calendar
2025

JANUARY FEBRUARY MARCH

A SHIFT B SHIFT C SHIFT

JULY AUGUST SEPTEMBER

OCTOBER NOVEMBER DECEMBER
S:\600-Public-Safety\604-Fire-Operations\604-01-Gen-Info\Shift Calendars\SCHEDULE 2025.xlsx Yellow-framed dates are 1st day of new 24-day FLSA period.

Exhibit A – Shift Calender 2024 and 2025
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 41, Packet Page 109 Policy
1020
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time (Shift) Trades - 1 Time (Shift) Trades
1020.1 INTENT
It is the intent of this policy to provide direction regarding the use and documentation of trading of time for the purposes of staffing coverage.
1020.2 APPLICATION
This policy applies to all employees of the Monterey Fire Department who are assigned to the Operations Division and are working a fifty-six (56) hour work week. 1020.3 DEFINITIONS
Time Trade - An arrangement in which an employee agrees to substitute for another employee during scheduled work hours performing work in the same capacity and classification.

Duty Chief - The Division Chief, as designated by the work schedule, who in addition to their regular work assignments, is responsible for maintaining minimum staffing, the appropriate number of apparatus in service, emergency response and incident command for a twenty-four (24) hour period.

Duty Officer - The Captain who is responsible for maintaining minimum staffing, the appropriate number of apparatus in service, emergency response and incident command during all or part of a twenty-four (24) hour period.
1020.4 RESPONSIBILITY
It is the responsibility of all personnel to adhere to the guidance provided by this policy when participating in time trades.

A list of employees qualified to work out of grade shall be maintained by the Operations Chief. This list shall be updated as often as necessary to reflect the current status of all operations personnel and updated in TeleStaff
Captains and Division Chiefs shall be responsible for determining the qualifications of individuals working for another employee if they do not hold the same rank or classification.

The Duty Chief or Duty Officer may assign employees who have traded time to other positions to accommodate a trade, or to maximize the ability of the department to deliver its services to the community.
1020.5 POLICY
Operations personnel may trade time with employees of the same classification (rank) or a person who is qualified to work in the same capacity and can satisfactorily perform the duties of the employee with whom they are trading at the time of the trade.

Personnel must be qualified to "pay back" the time originally traded, and must possess the required qualifications, certifications and licenses.

Exhibit B – Time (Shift)
Trades Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 42, Packet Page 110 Monterey Fire Department
Monterey FD Fire Policy Manual
Time (Shift) Trades
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time (Shift) Trades - 2 When one employee substitutes for another, each employee will be credited as if he or she had worked his or her normal work schedule for that time period.

The agreement to trade time is made between the individuals participating in the trade.

Reciprocation (pay back) of time worked for another employee is the responsibility of the parties involved in the trade.

Time traded and worked for another employee is not compensable by the City, for either regular hours or overtime.

Trading of time is voluntary. The City or the Department will not enforce or in any way coerce, direct or imply that an employee shall exchange time or reciprocate for time worked pursuant to this benefit.

Trading of time may be done in increments of not less than one (1) hour, nor more than a full twenty-four (24) hour shift at one time. This does not imply that employees may not trade time for consecutive shifts.

Probationary Fire Fighters shall not participate in time trades.

There is no requirement to pay back time worked within any particular time frame. 1020.6 PROCEDURES
All applicable portions of the trade shall be completed in TeleStaff prior to the beginning of the exchange. Each person trading time is responsible to make sure the trade is placed into TeleStaff correctly to include documentation in the notes section of who is working the traded time on both sides of the trade.

The employee shall notify his or her immediate supervisor of the shift trade. The supervisor has the discretion to disapprove the shift trade if necessary. 1020.7 REFERENCES
Fair Labor Standards Act Regulations
Fair Labor Standards Act 29 United States Code 207 (p)(3) 29 Code of Federal Regulations 553.31
City of Monterey Employee Handbook
Personnel Policies and Procedures
Memorandum of Understanding for the Monterey Fire Fighter's Association.

Exhibit B – Time (Shift)
Trades Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 43, Packet Page 111 Policy
1004
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 1 Overtime Hiring
1004.1 PURPOSE AND SCOPE
It is the intent of this policy to maintain daily on-duty operations division staffing of twenty two (22) personnel, exclusive of the duty Division Chief, and to establish procedures for the hiring of offduty personnel as necessary to maintain the established minimum daily staffing level. 1004.2 APPLICATION
This policy applies to all personnel assigned to the Operations Division involved with the overtime hiring of off-duty personnel.
1004.3 DEFINITIONS
Vacancy - For the purpose of this policy, a vacancy is created when on-duty staffing in the Operations Division falls below 22 personnel, exclusive of the Duty Division Chief, for any reason.

Daily Staffing must also maintain a minimum of the following, each individual only counts towards one qualification:
1 Truck Captain
1 Truck Engineer
1 Tiller Operator
1 Airport Operations Captain
1 Airport Technician Engineer
1 Boat Pilot
1 Boat Pump Operator
Overfilling - Overfilling of a classification occurs when more than seven (7) Captains, more than eight (8) Engineers, or more than seven (7) Firefighters are on duty at any one time unless they are assigned an Acting position above their current rank.

More than seven firefighters may be on duty at any given time due to staffing level changes.

If more than seven firefighters are assigned to a shift, they will be added to the following apparatus:

Station 11 Truck will receive a second firefighter first Station 11 Engine will receive a second firefighter second Station 13 Engine will receive a second firefighter third Normal Overtime - Hired back to work on a scheduled day off to maintain minimum staffing.

Department Event Hire Back - All assigned shift personnel are eligible to work department event overtime.

Prior Commitment - An earlier commitment made by an employee to work anything other than their normally assigned schedule. Examples of a prior commitment would include but are not Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 44, Packet Page 112 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 2 limited to; CPR, training, CERT, USAR, special events, 40-hour week, modified schedule, or jury duty.

Holiday Hire Back - All assigned shift personnel are eligible to sign up to work the following City Holidays; New Years Day, Easter, Thanksgiving Day, Christmas Eve or Christmas Day. 1004.4 RESPONSIBILITY
The Duty Division Chief shall be responsible for maintenance of staffing levels according to this and other related policies and the completion of all necessary records.

All Officers and Acting Officers shall be familiar with the process of normal overtime hiring.

All personnel are responsible to ensure TeleStaff accurately accounts for all time worked in a shift. 1004.5 POLICY
The minimum on-duty staffing shall be twenty-two (22) personnel excluding the duty Division Chief.

When the number of on-duty personnel falls below twenty-two (22), personnel shall be recalled according to the following guidelines until the minimum staffing level is achieved.

Daily Staffing must also maintain a minimum of the following, each individual only counts towards one qualification:
1 Truck Captain
1 Truck Engineer
1 Tiller Operator
1 Airport Operations Captain
1 Airport Technician Engineer
1 Boat Pilot
1 Boat Pump Operator
No rank shall be overfilled to meet minimum staffing until the normal hiring process has been completed and no employee accepts the overtime hire offer.

A rotating system, as described by the procedure section of ths policy, shall be used to hire for normal overtime vacancies
No employee shall be required to work overtime within 24 hours following an absence due to sick leave.

No employee shall be required to work more than 72 hours consecutively without a minimum of 24 hours off duty. (Exceptions: Strike Team, Task Force, declared disaster, or similar assignments, which by their nature may exceed the time limit guidelines).

Firefighters who have not successfully completed six months of probation and passed their six month evaluation examination, are not eligible for normal overtime, until the normal hiring process has been completed and no employees accept the offer of overtime.

Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 45, Packet Page 113 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 3 Emergency callbacks and holdovers to maintain minimum staffing may not be subject to the staffing levels suggested in this policy.

When possible, overtime hire back shall occur after 0900 hours unless an immediate need develops due to sudden illness, etc. Overtime hire back can occur up to 6 days in advance, not including holiday hire back.

This policy and rotation system applies only to the hiring of personnel to work 12 hours or more of overtime unless specifically exempted by this policy.

The Division Chief may order personnel in to fill vacancies when the overtime hiring process has been completed and no employees accept the offer of overtime. Personnel may be ordered to work to fill vacancies caused by emergencies, sick leave, and disabilities. Personnel shall not be ordered to work to allow an on-duty employee to take compensatory time-off or unscheduled vacation.

No employee shall be hired to work a classification unless he/she is qualified for that position.

Every effort shall be made to ensure that there are a minimum of five (5) badged Captains and six (6) badged Engineers on duty at all times.

It is intended that these same minimums also be maintained whenever possible when hiring for overtime of less than 12 hours.

For the purposes of this policy, an employee who has been appointed (in writing) to serve in a higher classification for which they will receive extra compensation, shall only be eligible for assignments in that classification or any higher classification for which they may also be qualified to perform.

Under normal circumstances, and subject to other requirements of this policy, qualified personnel may be used to fill positions above their classifications, but not below.

No Firefighter, Engineer, or Captain will be mandatorily held over to fill a duty chief/division chief vacancy.

Employees who have made a prior commitment to work overtime must fulfill that commitment, and may not accept another overtime opportunity that includes the same time frame as their prior commitment, regardless of whether the event has been placed on the TeleStaff roster or not.

Employees who have traded a day off are not eligible for overtime or fire call pay and shall not be offered overtime for that day.

For cancellation of leave, reference Time Off Accrual, Use, Recording of Vacation, Sick Leave, and Compensatory Time Policy
1004.6 PROCEDURE NORMAL OVERTIME HIRING 12 HOURS OR MORE TeleStaff shall be the primary system used for staffing and hire-back.

Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 46, Packet Page 114 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 4 Each employee's name, rank, shift assignment, telephone number and qualification for working out of classification will be maintained in TeleStaff.

The appropriate pick list in TeleStaff will be used to determine the hire-back order. The order of pick list is based on last acceptance date in reverse chronological order; oldest date first.

TeleStaff will not offer overtime to anyone who is already on the roster for the time period being offered. Employees who have a prior commitment posted to the TeleStaff roster will not be offered conflicting overtime.

Availability of personnel to work out of class assignments should be considered when choosing the appropriate pick list. Every effort should be made to use the most inclusive list.

When using the "hire by rules" feature in TeleStaff to make telephone calls, a minimum of 6 (six) rings shall be allowed. If a telephone answering machine is reached, leave a short message indicating the purpose of your call. Log the response in TeleStaff.

The Telestaff outbound procedure is the preferred method for conducting hire-back.

Only one (1) vacancy can be out bounded at a time, unless you can use the same pick list, on the same day, for two (2) vacancies, or you have to use two (2) different pick lists for different vacancies on the same day.

Hiring should start with the vacancies closest to the current day and work chronologically forward from that day.

All attempts shall be made to keep staffing updated to 6 days out, so that on-duty personnel do not slow the overtime hiring process due to auto-fill.

Once an on-duty person has been notified by a staffer of an auto-fill, they have the same time frame to respond as if they were off duty, unless they are on a call.

This procedure shall continue in this manner until the vacancy is filled.

The following decision matrix shall be used to determine need and priorities for overtime hiring.

Are required minimum qualifications met? (Each individual only counts towards one qualification)
1 Truck Captain
1 Truck Engineer
1 Tiller Operator
1 Airport Operations Captain
1 Airport Technician Engineer
1 Boat Pilot
1 Boat Pump Operator
If NO, hire the missing qualifications and then proceed to the next step.

Qualified badged personnel will be offered the position first, followed by qualified acting personnel.

Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 47, Packet Page 115 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 5 NOTE: Assess other needs for minimum badged positions prior to filling qualifications.

If YES, proceed to the next step.

Have we dropped below minimum staffing level of 22 personnel on duty? If YES, proceed to the next step.

If NO, verify qualifications and positions are filled, if they are, then no additional overtime is required.

Are seven (7) badged Captains on duty?
If NO, hire badged Captain(s) to meet the minimum, if unable to hire badged Captain(s), use the appropriate pick list to hire acting Captains, as long as the 5 minimum badged Captains are on duty. If still unable to fill and there are on duty acting Captains, then move the on duty actors and fill behind them.

If five (5) minimum badged Captains are not on duty and the pick list is exhausted, unavailable off duty will be notified by telephone and/or page. If all efforts to backfill are exhausted, a badged Captain will be held over.

If YES, proceed to the next step.

Are eight (8) badged Engineers on duty?
If NO, hire badged Engineer(s) to meet the minimum, if unable to hire badged Engineer(s), use the appropriate pick list to hire acting engineers, as long as the 6 minimum badged Engineers are on duty. If still unable to fill and there are on duty acting engineers, then move the on duty actors and fill behind them.

If six (6) minimum badged Engineers are not on duty, and the pick list is exhausted, unavailable off duty will be notified by telephone and/or page. If all efforts to backfill are exhausted, a badged Engineer will be held over.

If YES, proceed to the next step.

Are there any remaining vacancies?
If YES, fill the remaining vacancies with badged, qualified personnel, using the most inclusive pick list.

If NO, verify all qualifications and positions are filled, if they are, then no additional overtime is required.

If there are multiple positions available, i.e. Captain and Engineer, then use the most inclusive list for those badged positions. Once one is filled, continue hiring using the applicable list.

Start with the badged Captain and badged Engineer list, if a badged Captain is hired first, hiring continues with the badged Engineer list.

Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 48, Packet Page 116 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 6 If there are multiple positions in the same rank available with one qualification, i.e. Truck Captain and Captain, if the qualified person is hired first they fill the qualification and hiring continues with the non-qualification position.

If the Truck Captain is hired first, they fill the truck and the second spot is filled with any captain.

If the qualification is not rank based, fill the position using the most inclusive list, based on other vacancies, i.e. Boat Pilot with a Captain and Firefighter vacancy, attempt to hire a Pilot who is either a badged Captain or a Firefighter.

If the Pilot Qualification is met with a Firefighter, then hire a badged Captain.

On duty actors and/or qualified personnel should only be moved if off duty personnel are not available to fill the vacancies, unless there are on duty personnel who want the acting opportunity.

Overtime and trade personnel should be moved to fill vacancies before moving regular duty personnel.

If unable to maintain minimum staffing following the above procedures, the Division Chief shall be responsible to manage the filling of vacant positions. The following guidelines shall be followed in attempting to fill the vacancies:

Use qualified actors if there are employees willing to work.

Overfill a classification. All attempts will be made to overfill with the next rank first. Approval must be made by the Fire Chief, Assistant Fire Chief or designee.

Cancel the time off that created the vacancy, except for Prescheduled Vacation.

Hold over Personnel.

Order Personnel in.
1004.6.1 PROCEDURE NORMAL OVERTIME HIRING LESS THAN 12 HOURS It is intended that the same minimums required for daily staffing be maintained when hiring for less than 12 hours.

Offer the overtime to On Duty personnel of the same rank and qualification, in the position when the vacancy begins, then offer to eligible actors in the same station as the vacancy.

Also consider personnel coming in to work when the vacancy ends if it is mid-shift, i.e. oncoming crews when vacancy is 2000-0745.

If personnel in the station affected do not take the overtime, a notification will be sent out for personnel who are eligible to fill the vacant position.

This does not exclude any other eligible personnel from contacting the Staffing officer and advising them of their interest to work, or using the "Sign up" code in TeleStaff. If more than one eligible person expresses interest a random drawing will be held.

Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 49, Packet Page 117 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 7 If no off duty respond to the notification within 60 minutes (if start time isn't immediate), the person taking the leave will be notified, and will be responsible for finding coverage, person covering must be able to fill the assignment being vacated.

Exceptions - the department will be responsible for filling any leave other than CTO, Furlough or Unscheduled Vacation.

Use qualified actors if there are employees willing to work who are not qualified for the vacancy.

Overfill a classification. All attempts will be made to overfill with the next rank first. Approval must be made by the Fire Chief, Assistant Fire Chief or designee.

Cancel the time off that created the vacancy, except for Prescheduled Vacation.

Hold over Personnel.

Order Personnel in.
1004.6.2 PROCEDURE DEPARTMENT EVENT
Time permitting, an email shall be sent out stating the date, time and number of people needed for special event overtime. Individuals who want to be considered for hire-back shall "sign up" in TeleStaff on the date of the event.

If more individuals sign up than are needed for each specific date, a random selection will be made.

All personnel who have signed up will be advised the result of the random selection drawing.

Each individual's ID number will be placed on a small piece of paper. These ID numbers are confirmed to that individual, folded and then placed in a container for a random selection.

These individuals will be notified of the times and dates that they will be working and an email will be issued indicating the same.

If a person or persons sign up for more than one date and are selected for the first overtime date, the person(s) number could be withheld from successive drawings. This would give other individuals a more equitable chance for overtime.

This would not apply if the needed number of personnel or fewer, sign up for successive events.

Thus, the individual could work overtime for more than just the first event. 1004.6.3 PROCEDURE HOLIDAY HIRE BACK
An email will be sent out stating the date of the holiday hire, with direction to "sign up" in TeleStaff, no less than 30 days before the holiday, whenever possible. It shall be the responsibility of the Division Chief who is on duty the day of the holiday to publish this list. Adjacent holidays will be Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 50, Packet Page 118 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 8 done with the same list; i.e. Christmas Eve & Day will be on the same list, published by the Division Chief on duty Christmas Eve.

If more individuals sign up than are needed for each specific date, a random selection will be made.

Each individual's ID number will be placed on a small piece of paper. These ID numbers are confirmed to that individual, folded and then placed in a container for a random selection.

Personnel shall be hired in order drawn, overstaffing is allowed, unless person drawn refuses or is not qualified to work in the position open. Drawing shall take place no less than 8 days before the holiday. Names shall be posted to the TeleStaff roster in order of the drawing, immediately after the drawing.

Those individuals drawn will be notified of the times and dates that they will be working and the department will be notified indicating the same. Those selected shall have an accepted date the same as the drawing date for purpose of their rotation on the pick list. Those names drawn but not needed due to the number of positions vacant, will be placed on a list, in order drawn, for use if more positions become vacant.

All personnel who have signed up will be advised of the result of the random selection drawing.

If a person or persons sign up for more than one date and are selected for the first overtime date, the person(s) number will be withheld from successive drawings. This would give other individuals a more equitable chance for overtime. A random drawing of withheld individuals will be done and their names shall be added to the bottom of the list created in this section.

This would not apply if the needed number of personnel or fewer, sign up for successive events.

Thus, the individual could work overtime for more than just the first event. 1004.7 REVIEW PERIOD
This policy shall be subject to periodic review by mutual agreement of the Fire Chief and the Monterey Fire Fighters Association. This review shall include discussion of changes that may be made to improve its application and intended result.
1004.8 ACCESS TO RECORDS
Department Staffing Officers shall supervise the rotation lists and make changes as necessary.

Personnel who believe an adjustment needs to be made to their rotation shall contact a Staffing Officer.

Fire Administration shall be responsible for maintaining qualifications for personnel and making necessary changes to profiles.

Personnel who believe an adjustment needs to be made to their profile shall contact Fire Administration through their Chain of Command.

Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 51, Packet Page 119 Monterey Fire Department
Monterey FD Fire Policy Manual
Overtime Hiring
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Overtime Hiring - 9 1004.9 INTENT
It is intended that the minimum on-duty staffing number be adjusted to accommodate for additional units added to the daily staffing.
i.e. If another unit is added to the system, adding one Captain, Engineer and Firefighter, then the minimum on-duty staffing should be increased by three (3) personnel.

It is intended that the minimum badged positions for each position be two (2) fewer than the available positions in each rank for minimum staffing.
i.e. If another unit is added to the system, adding one Captain, Engineer and Firefighter, then the minimums for badged Captain and Engineer should be increased by one (1) position.

It is intended that the minimum badged positions for each position be the same as the available positions in each rank when selecting which pick list to utilize. i.e. If another unit is added to the system, adding one Captain, Engineer and Firefighter, then the minimums for badged Captain and Engineer should be increased by one (1) position.

Exhibit C – Overtime Hiring Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 52, Packet Page 120 Policy
1018
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Work Schedule - 1 Work Schedule
1018.1 INTENT
It is the intent of this policy to provide guidance for the management of work objectives which are to be completed on a regular on-going basis. It is also the intent of this policy to allow managers and supervisors the discretion necessary to occasionally defer these regular, on-going tasks when they are negatively impacted by emergency responses, changes in resource availability, or management imposed deadlines. The deferment of work shall be based upon priorities for the completion ot the Mission of the Department, and shall be subject to the review and approval by the Fire Chief or designated representative.
1018.2 APPLICATION
This policy applies to all members of the Operations Division of the Department, Division Chiefs, and Duty Officers.
1018.3 DEFINITIONS
Supervisors - Captains and Acting Captains
Managers - Divisions Chiefs and Duty Officer
Management - Fire Chief and Division Chiefs
1018.4 RESPONSIBILITY
It is the responsibility of all supervisors and managers to assign, schedule, and monitor work assignments outlined in this policy and/or to amend on-going work objectives when necessary to complete short-term priorities or other work not specifically identified by this policy. 1018.5 POLICY
The following tasks shall be completed on a daily basis:

Before going off shift:

1. All incident reports must be completed, unless special permission has been granted by the Duty Chief or Division Chief/Plans.

2. Training reports shall be completed in Target Solutions.

3. Kitchen shall be cleaned and dishwasher emptied.

4. Dormitory rooms shall be neat, personal items put away, and beds made up or stripped.

5. All work areas (offices, EOC, workbenches, shop areas, etc.) are to be cleaned up.

Equipment not in use shall be turned off, including lights, and put away.

6. Personal items and safety gear shall be removed from apparatus, restrooms, and other station areas, and placed in appropriate lockers or taken home.

Exhibit D – Work Schedule Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 53, Packet Page 121 Monterey Fire Department
Monterey FD Fire Policy Manual
Work Schedule
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Work Schedule - 2

7. Conduct briefings of on-coming personnel to include; equipment and apparatus status, prior shift emergency activities, any outstanding apparatus, equipment, or building repair/maintenance needs, and any other information which is necessary to insure a smooth transition and continuity in work projects and programs.

Each Shift:

1. Raise station flags at 0800 and lower them at 1700 hours.

2. Check apparatus and equipment.

3. Test and log all equipment subject to daily testing (i.e. SCBA, Semi-Automatic Defibrillators, and Knox box keys)

4. Captains provide briefings to crew and make work assignments after communicating with Duty or Operations Chief.

5. Vacuum all station carpets, as needed.

6. Sweep and mop all floors.

7. Clean front ramp and other outdoor paved surfaces, as needed.

8. Clean sinks, countertops, toilets and showers.

9. Dispose of trash, as necessary.

10. Wipe down stoves and oven surfaces.

11. Participate in Physical Fitness workout per Fire Department Physical Fitness Program to the respective Memorandum of Understanding for IAFF and FMA.

12. Take appropriate morning and afternoon breaks and meal periods.

13. Secure stations at 2100 hours. All equipment or vehicles stored outside, shall be moved inside or properly secured and locked. Outside speakers shall be turned off, station doors locked and gates closed.

The following tasks shall be completed on a weekly basis:

1. Weekly Apparatus and Equipment Checks and Preventative Maintenance

2. Heavy cleaning of stove and oven (Saturday)

3. Disinfection and heavy cleaning of showers (Saturday)

4. Clean windows (Saturday)

5. Clean walls and woodwork (Saturday)

6. Dust furniture (Saturday)

7. Thoroughly clean floors as needed, remove any heavy stains, oil, grease, etc. (Saturday)

8. Perform checks on breathing air compressor (Sunday)

9. Drain air compressor tank (Sunday)

10. Clean patios and yards (Sunday)
Exhibit D – Work Schedule Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 54, Packet Page 122 Monterey Fire Department
Monterey FD Fire Policy Manual
Work Schedule
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Work Schedule - 3

11. Clean refrigerators; remove any spoiled or outdated food items (upon platoon rotation)

12. Check and report status of hazardous materials storage and clean-up supplies at Station 11, 13 and hazardous materials storage site. Secure any open containers or drum lid locking rings. (Saturday)
The following tasks shall be completed on a monthly, quarterly, or annual basis:

1. Complete monthly apparatus and equipment checks

2. Polish and/or wax apparatus (First Sunday of the month)

3. Strip and wax station floors (all vinyl, tile, concrete, or other smooth surface flooring materials) as assigned
The following tasks shall be completed on a regular basis, as assigned:

1. Department and Company Training

2. Special Training/Educational Events

3. Company and Multi-Company Drills

4. Interagency Drills/Training/Liaison

5. Fire Prevention and Pre-Plan inspections

6. Public Education/Events/Classes (CERT, CPR, earthquake preparedness, Open House, Community Fire Reviews, etc.)

7. Department Programs, Projects, and Research

8. SCBA Fit Testing (annually, all safety personnel)

9. Hydrant Testing (annually)

10. Staff Meetings

11. Other Duties, as assigned

12. Apparatus service tests and hose tests (annually)

13. Inventory and order station cleaning and maintenance supplies The following tasks shall be completed at least once per quarter:

1. Inspect all personal safety equipment and secure replacements or repairs, as necessary.

2. Perform quarterly Injury and Illness Prevention Program (IIPP) inspections of stations, complete and rout all paperwork to Fire Administration through chain of command at the discretion of the Division Chief.
1018.6 PROCEDURES
When alterations to the work schedule are indicated, the supervisor may make the necessary adjustments in consideration of and consistent with Fire Department mission, priorities, and directives issued by management. The supervisor shall advise his/her immediate supervisor at the earliest opportunity of the action taken, as well as the basis of the decision. The supervisor Exhibit D – Work Schedule Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 55, Packet Page 123 Monterey Fire Department
Monterey FD Fire Policy Manual
Work Schedule
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Work Schedule - 4 shall make every effort to reschedule the deferred work to the next reasonable opportunity for its completion. The supervisor may seek guidance in developing the work plan for each work day, set of shifts, or longer time frame. In all cases, make-up work is not to be deferred indefinitely without management approval.
1018.7 REFERENCES
City of Monterey Employee Handbook
Personnel Policies and Procedures
Memorandum of Understanding for the Monterey Fire Fighter's Association.

Exhibit D – Work Schedule Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 56, Packet Page 124 Policy
1021
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department
***DRAFT*** Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time - 1
Time Off Accrual, Use, Recording of Vacation,
Sick Leave and Compensatory Time
1021.1 INTENT
It is the intent of this policy to provide information and guidance regarding the accrual, request, use, and reporting of leaves taken from work for the purposes of vacation, illness, family care, bereavement, critical illness of a family member, or compensated time off (holiday and regular overtime).
1021.2 APPLICATION
This policy applies to all members of the Monterey Fire Department who are assigned to the Operations Division and are assigned to a fifty-six (56) hour work week, unless otherwise exempted by this policy
Division Chiefs are exempted from this policy
1021.3 DEFINITIONS
Accrual - The periodic addition of leave time placed into the leave bank of an employee. See Memorandum of Understanding for accrual rates.

Bereavement Leave - Leave that may be taken and deducted from the employee's sick leave balance when a death of an immediate family member of the employee occurs.

Combined Bank - An accrual bank that combines holiday compensatory time and regular compensatory time.

Critical Illness - An illness where death appears imminent.

Compensatory Time Off (CTO) - Time off granted, in lieu of payment for regular overtime worked.

CTO is accrued at a rate of 1.5 hours for each 1 hour worked.

Family Sick Leave - Sick leave time taken to care for and to attend to the employee's spouse, or children for whom the employee is legal guardian (natural or adopted), stepchildren, parents or parents-in-law.

Fire Call Pay Rate - The pay rate determined by multiplying the fifty-six hourly rate by a factor of

1.4 to convert to the 40 hour rate, then multiplying the result by 1.5 (time and one-half) to determine the overtime hourly pay rate.

Holiday Pay - The pay rate for payment of holidays is the "Forty Hour Rate".

Minimum Staffing - Minimum daily staffing of the Operations Division of the Department shall be 22 members, not including the Duty Chief or Duty Officer.

New Personnel - Members who were not employees of the department at the time of the prior vacation selection period identified in this Policy.

Exhibit E – Time Off Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 57, Packet Page 125 Monterey Fire Department
Monterey FD Fire Policy Manual
Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time - 2
Pre-Scheduled Vacation - Those vacation shifts requested and approved during the selection period described in this Policy.

Regular Overtime - Overtime to cover illness, injury, compensatory time off, coverage for out of county mutual aid and other shortages of staff that occur in the course of day-to-day operations of the department.

Regular Overtime Rate - The pay rate determined by multiplying the fifty-six hourly rate by a factor of 1.5 (time and one-half).

Vacation Selection Period - A period between October 15 and December 15, when employees may pre-select vacation periods according to this policy.

Shift - The 24 hour period beginning at 0745 A.M. on one day and ending at 0745 A.M. on the following day. Each shift is assigned the letter A, B, or C to denote the platoon on duty.

Sick Leave - Leave taken for a bona fide illness of an employee.

Unscheduled Vacation - Those vacation shifts requested and approved for vacation during the course of the year on an as available basis.

Vacation - That period which begins on the first shift that the employee would have been scheduled to work and ends on the last shift that the employee would have been scheduled to work. It includes all intervening days, with the exception of the four day period between shift cycles.

Intervening days between regular shifts are not deducted from the employee's vacation leave accruals.

Minimum Leave Event - All use of paid leave time, excluding sick leave and Labor Code 4850 leave, to be taken in a minimum of one (1) hour blocks. 1021.4 RESPONSIBILITY
It is the responsibility of all operations personnel assigned to a 56 hour work week to adhere to this policy. Supervisors, managers or their authorized representatives shall be responsible for assuring that the required forms are completed in a timely manner, as required by this policy, and shall forward the forms to Fire Administration for timekeeping and filing purposes. 1021.5 POLICY
Compensatory Time Accrual & Use
Employees working overtime as directed by a superior officer or supervisor may choose to receive payment or accrue compensatory time off at a rate of one and one-half times the hours worked (up to the maximums set forth in this policy). a. Exception: Employees called back to work overtime at an emergency, or to cover a station as a result of an emergency, shall receive pay only at the Fire Call Rate.

Exhibit E – Time Off Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 58, Packet Page 126 Monterey Fire Department
Monterey FD Fire Policy Manual
Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time - 3
The maximum number of hours of regular overtime and holiday compensatory time that may be carried over annually shall not exceed 128 hours. Accumulation beyond 128 hours will be cashed out annually on the last pay period in October.

All hours worked in excess of the maximum accruals shall be paid at the appropriate rates.

See definitions for CTO.

All overtime worked shall be reported in TeleStaff before the end of the period worked. The TeleStaff record shall be finalized by the Division Chief at the end of each 24 hour shift for timekeeping purposes. The Division Chief is responsible for verifying the accuracy via TeleStaff.

Employees wishing to take CTO shall enter their time into TeleStaff. a. The minimum amount of CTO that an employee may take at any one time is one (1) hours (see definitions). Employees may take up to the maximum amount of CTO hours that they have accrued at any one time.
b. TeleStaff will not approve requests submitted more than 90 days in advance of the desired date of leave.
c. It is the employee's responsibility to make their supervisor aware of leave requests denied by TeleStaff if they wish to have a request approved.

Holidays shall be accrued at the rate of 13 hours per month. (12 hours per holiday), or paid at the rate of eight hours and forty minutes (8:40) per month. See MOU section 4.2 for In Lieu Options.

The maximum number of employees that may be off on CTO, vacation, or any combination of these leaves, at any one time shall be four (4), except that there shall be no limit to the number of employees who may be off duty utilizing vacation leave or CTO on New Year's Day, Easter, Thanksgiving Day, Christmas Eve, and Christmas Day so long as an equal number of replacement employees with appropriate specialized qualifications to meet the operational needs for that specific day are pre-hired on either trade or regular compensation status subject to the rules contained in Monterey Fire Department Administrative Policy, Overtime Hiring Policy, in advance of the holiday.

An additional 24 hours of these categories of leave may be granted, in one hour blocks, to one or more persons, as long as the total time off for all of these additional members does not exceed 24 hours in any one shift work period.
a. Effective July 1st, 2018, the maximum number of employees that may be off on CTO, Vacation, or any combination of these leaves, at any one time is three (3).

Exhibit E – Time Off Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 59, Packet Page 127 Monterey Fire Department
Monterey FD Fire Policy Manual
Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time - 4
The reduction in the maximum number of employees that may be off at any one time shall expire on June 30th, 2019, and shall revert to a maximum of five.

Personal Leave
Personal Leave may be taken conforming to Un-scheduled vacation requirements. Personal Leave hours will be deducted from the employee's sick leave bank.

Sick Leave Reporting and Use
An employee may use sick leave if they are unable to report for work due to illness, injury, or must care for a family member who is ill, or to care for a family member who is critically ill, or when the death of an immediate family member occurs.

An employee unable to work due to illness or injury, or other situation as described in this Policy shall notify the on-duty Captain at their assigned station no later than 06:50 A.M. on the day of their assigned shift. The Captain shall then immediately enter the sick leave into TeleStaff and notify the shift staffer. If no staff is available, the Captain shall make the appropriate staffing accommodation by moving available personnel, Stations 11, 12, 13, 14, 15 or 16, or out-bounding the working opportunity via TeleStaff.

An employee who becomes ill during his or her work shift shall immediately notify their superior officer, who shall advise the platoon staffer and the Duty Chief, and release the ill employee from duty if they are not able to work until relieved. The Officer shall log the employee's status, the time the employee departed and the time the employee's relief arrived at the station in TeleStaff.

The shift staffer and the Duty Chief shall immediately make the necessary adjustments to maintain the appropriate minimum staffing per Monterey Fire Department Administrative Policy, Overtime Hiring Policy.

Employees who are subjected to a prolonged illness or who must undergo surgery or other medical procedures which will result in an extended absence, shall notify the Operations Division Chief so that appropriate arrangements may be made for assignment of acting positions.

Evidence of illness may be required as set forth in Article V. Section 25-39 of City Ordinance 1947 C.S, as amended.

Vacation Request and Reporting
All employees shall take at least one or more vacations per year, and shall assure that their vacation leave balance does not exceed 448 hours on December 31. This requirement may be waived by written permission of the Fire Chief.

Pre-scheduled vacations shall be minimum of one 24 hour shift. • Unscheduled vacations shall be taken in a minimum of one (1) hour block.

Exhibit E – Time Off Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 60, Packet Page 128 Monterey Fire Department
Monterey FD Fire Policy Manual
Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time - 5
Employees may select one or more vacation periods in accordance with this policy, but are not required to pre-select a vacation during the selection period described in this Policy.

Vacation selection made outside of the selection period will be approved in the following manner: Vacations shall be selected no more than 90 days in advance of the desired date.

If two requests for the same time period are submitted on the same date, and due to the requirements of this policy, only one may be approved the date time stamp from TeleStaff wll serve as the official request time.

No more than three employees on the same platoon may pre-schedule a vacation on the same day.

Full-shift vacations shall begin and end at 0745 A.M.

Employees may carry vacation accruals year to year as long as they have not reached maximum accruals.

The Fire Chief may assign vacation periods to employees who have not scheduled a vacation, and whose accruals of vacation time will exceed 448 hours on December 31 of the current year.

No vacation shall be authorized contrary to this Policy unless approved by the Fire Chief or designee.

Vacation may be taken in advance of accrual as per Section 25-12.01 (g) of the City's Personnel Rules and Regulations.

The employee shall make every effort to notify his/her immediate supervisor regarding vacation and other leave time, however, if immediate circumstances preclude this, the employee may notify another Captain and then the Operations Division Chief or his authorized representative (Duty Chief).

Changes in pre-scheduled vacations are strongly discouraged after vacations are approved and posted.

Once vacation leave is granted, the approval shall not be withdrawn unless major unforeseen changes occur in fire department staffing or operations. Such unforeseen changes include and are consistent with, but are not limited to, declared local emergencies, disaster, or civil unrest. These unforeseen changes do not include members calling in ill or injured. 1021.6 PROCEDURES
Compensatory Time
Employees working overtime shall report the hours and date worked prior to going off duty in TeleStaff. Employees may request either payment or accrual of compensatory time by selecting the appropriate work code in TeleStaff. It is the employee's responsibility to confirm their preference for pay or accrual is correctly entered in TeleStaff. If there is a conflict between selecting pay or accrual, the employee will be paid.

Exhibit E – Time Off Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 61, Packet Page 129 Monterey Fire Department
Monterey FD Fire Policy Manual
Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time - 6
Employees wishing to take CTO shall enter their time in TeleStaff.

If two requests for the same time period are submitted on the same date, and due to the requirements of this policy, only one may be approved, the date time stamp from TeleStaff will serve as the official request time.

Vacation
Pre-selection Procedure: The Division Chief shall cause a department work schedule and vacation schedule form to be distributed to employees no later than November 30th of each year.

The Operations Division Chiefs' shall divide their platoon into two groups of eight (8), and one group of nine (9). If the platoon is not at full staffing, the groups shall be divided in such a manner that they are as close to equal in size as possible. Vacation selections shall be made in rotation, beginning with Group 1, and ending with Group 3. Each ensuing year, the first group will rotate to the bottom of the selection list, with the second group moving to the first position.

Within each group, a similar rotation shall take place with the personnel, the employee who chooses first one year, will move to the bottom of the list, with the remaining employees moving up one position per year.

Employees shall select vacations based on their position on the current year's list.

After all employees have had an opportunity to choose their first vacation period, subsequent vacations may be selected in the same manner, up to a maximum of three selections. a. Unscheduled Leave Requests (vacation & CTO) for the next calendar year will be accepted beginning December 16th or when the sign up period for pre-scheduled vacation is completed, whichever comes first.
b. Only 3 Unscheduled Leave Requests (vacation & CTO) for the first 90 days of the next calendar year will be accepted prior to the completion of the pre-scheduled vacation picks.

An employee selecting up to a 48 hour continuous block or less will constitute a choice for that particular rotation.

Employees who have bid onto a different shift shall take the place of the vacation selection of an employee bidding off of the shift as closely to where they would have been from the prior shift. Seniority will drive this placement when more than one individual must be placed into one bank that has only one spot available.

New Personnel will be placed in the last position of the third group for rotation purposes.

Employees who have been transferred onto a different shift during the bid cycle will be assigned a position as close as possible to the position they previously held on their prior shift.

Exhibit E – Time Off Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 62, Packet Page 130 Monterey Fire Department
Monterey FD Fire Policy Manual
Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Time Off Accrual, Use, Recording of Vacation, Sick Leave and Compensatory Time - 7
All efforts should be made to request unscheduled vacation at least twenty-four (24) hours in advance of the time requested; however, the request may be granted at any time prior to the time off.

Employees are required to enter unscheduled vacation in TeleStaff. Pre-scheduled vacation will be entered in TeleStaff by administrative staff upon completion of the selection process and shall be reflected in TeleStaff no later than January 1st.

No leave can be cancelled after it has been filled.
1021.7 REFERENCES
City of Monterey Employee Handbook
Personnel Policies and Procedures
Memorandum of Understanding for the Monterey Fire Fighter's Association.

Monterey Fire Department Policy F1013 "Overtime Hiring Policy" Exhibit E – Time Off Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 63, Packet Page 131 Policy
1019
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Station Bidding and Assignment - 1 Station Bidding and Assignment
1019.1 INTENT
It is the intent of Monterey Firefighter's Association IAFF Local 3707 and the Monterey Fire Department, that personnel shift and station selections reflect the best interest of the Fire Department and the employee. The Fire Department will maintain a constant state of readiness to respond to emergency calls, fires and other disasters. 1019.2 APPLICATION
This policy applies to all Operations personnel from the rank of Fire Fighter through Captain. 1019.3 RESPONSIBILITY
It is the responsibility of the Monterey Firefighter's Association IAFF Local 3707 to manage the bidding process in accordance with their rules
It is the responsibility of the Fire Management Team to ensure that the personnel shift and station selections reflect the best interest of the Fire Department and the employee. 1019.4 POLICY
The Fire Chief, or his designee, will maintain a two year shift and station selection, seniority-based system, covering the following classifications within Fire Operations: Fire Captain, Fire Engineer and Fire Fighter.

It is also acknowledged that the Fire Chief is responsible for approving or denying the station assignments of personnel. The decision of the Fire Chief is the final step in resolving the issues arising under this policy.

Shift and station selection assignments will take effect at the start of the first FLSA cycle in January immediately following the completion of the bid process. 1019.5 PROCEDURES
MFFA Local 3707's Process
The formal bid process will be managed by MFFA Local 3707, and must be completed and delivered to the Fire Chief no later then 5:00 p.m. on October 31st of every other year.

Any disputes on the station or shift selection process managed by MFFA Local 3707, will be addressed to and handled by the MFFA Local 3707.

Fire Management's Process
The Fire Chief, or designee, can initiate personnel assignments to fill temporary vacancies, or to provide required training to individual personnel. Such assignments will be specifically identified in writing and based on career development, training, special assignments, performance issues, confidential personnel issues, or other operational needs.

Exhibit F – Station Bidding
& Assignment Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 64, Packet Page 132 Monterey Fire Department
Monterey FD Fire Policy Manual
Station Bidding and Assignment
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Station Bidding and Assignment - 2 Personnel will not be displaced from their permanent assignment for more than 3 months per calendar year unless such displacement is determined to be necessary for the operational needs of the department by the Fire Chief and/or the Assistant Fire Chief. Prior to a displacement exceeding 3 months, the Fire Chief and/or the Assistant Fire Chief will meet and confer with the affected personnel and MFFA Local 3707 representation.

Permanent vacancies occurring more than 3 months prior to the effective date of a regular shift bid process will be filled by seniority bid within 60 days with an effective date of the first FLSA cycle that is at least 2 weeks after such a bid being awarded.

Probationary Firefighters are ineligible to make a shift or station selection while on probation.

Denials: Any denial of a seniority pick must be identified in writing by the Fire Chief, or his designee, to the employee, and with notice of the denial to MFFA Local 3707. Such denials by the Fire Chief, or his designee, must be submitted in writing within 15 calendar days of receiving the station assignment list from the MFFA Board.

Appeals: An employee, whose bid is denied pursuant to a decision of the Fire Chief or his designee, may appeal only to the Fire Chief, or his designee, within 15 calendar days of the written notification of the denial.

Final Decision: The Fire Chief, or his designee, shall respond in writing, to an appeal from an employee within 15 calendar days to the employee with notice of the decision to Local 3707. The Fire Chief's decision is final.
1019.6 REFERENCES
City of Monterey Employee Handbook
Personnel Policies and Procedures
Memorandum of Understanding for the Monterey Fire Fighter's Association.

Exhibit F – Station Bidding &
Assignment Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 65, Packet Page 133 Policy
1012
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 1 Uniform Standards
1012.1 PURPOSE AND SCOPE
This policy establishes the specifications for the various components of the department work uniform, dress uniform, chief officer administrative uniform, authorized clothing for physical fitness activities, and requirements and exceptions for wearing of a department uniform when on paidduty status or as otherwise authorized.

This policy applies to all Monterey Fire Department employees who are either required or authorized to wear a department uniform while on duty or otherwise representing the City of Monterey or the Monterey Fire Department.

Every employee required or authorized to wear a Monterey Fire Department uniform is responsible for compliance with this policy whenever a uniform is worn. 1012.1.1 GENERAL UNIFORM REQUIREMENTS
1012.1.2
Upon hire by the City of Monterey Fire Department, new sworn safety employees shall obtain a sufficient number of station/work uniforms, meeting the following specifications and standards, to ensure compliance wih this policy prior to reporting for duty. 1012.1.3
All sworn safety employees assigned to the Operations, Prevention, and Training Divisions shall wear a complete department uniform when on duty as specified in this policy, except as provided in the exceptions listed within this Policy.
1012.1.4
The Fire Chief and Assistant Fire Chief are authorized, but not required, to wear a department uniform consistent with this policy.
1012.1.5
All employees required or authorized to wear a department uniform pursuant to this policy shall ensure that the uniform is clean and neat, and without any stains, tears, or substantial color fading. 1012.1.6
It is the responsibility of the employee to comply with this policy. It is the responsibility of the individual's supervisor to ensure that all of their assigned personnel are compliant with this policy, and wearing the appropriate uniform for public functions, including but not limited to: formal department and/or city meetings, inspections, community or public education events, station tours and demonstrations.

Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 66, Packet Page 134 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 2 1012.1.7 EXCEPTIONS TO THE GENERAL UNIFORM REQUIREMENT
Employees are not authorized to wear a department uniform when in non-paid status except (1) for travel to and from their assigned work location, or (2) upon request and prior authorization of the Fire Chief (e.g. fire service funerals).

Off-duty personnel recalled to duty pursuant to an emergency incident shall not be required to wear a uniform for the period of recalled duty, except when required by the Duty Chief Officer for anticipated extended recall duty (e.g. disaster response).

Company Officers may authorize wearing of an approved uniform T-shirt and/or sweatshirt in lieu of the approved uniform work shirt while performing non-emergency work or tasks that would expose the work shirt to excessive soiling or tearing such as loading hose, testing hose, vehicle/ apparatus washing or maintenance, station maintenance, etc. The uniform t-shirt and/or crewneck sweatshirt are not considered appropriate uniform wear for public contact.

Company Officers may authorize wearing of the optional 1/4-zip collard sweatshirt, Spiewak jacket, Dickies jacket, or 5.11 fleece jacket in lieu of the approved station/work shirt for informal non-emergency work, not including formal meetings, public presentations, or educational programs.

Company Officers may authorize wearing of worn-out uniform pants and T-shirts not otherwise meeting the neatness or maintenance standards of this policy for heavy maintenance tasks that would likely damage the uniform.

Employees assigned to attend training, meetings, or other assignments outside of their regular station duties on paid status are authorized to wear either (a) class B station/work uniform or class A dress uniform as appropriate for the situation, or (b) appropriate business attire.

Employees may be authorized to wear a department uniform when off duty under special circumstances.

Outside of regular work hours (0745-1700), the following exceptions to the station/work uniform are authorized for employees assigned to fire stations are not expected or required to make public contact:

Approved uniform T-shirt or sweatshirt in lieu of work shirt.

Approved physical fitness attire.

Company Officers may authorize the wearing of an approved hooded sweatshirt and/or knit cap in cold weather where no other uniform accessory is appropriate (e.g. wildland incident sleeping area).

Administration Chief Officers are authorized to wear the Workrite Nomex III station/work shirt and pant (midnight navy blue color) for wildland or USAR incidents or training. Division Chiefs working in an Operations assignment may wear either the white short or long sleeved work shirt or the Midnight Blue Workrite Nomex III shirt at their option.

Exhibit ' – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 67, Packet Page 135 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 3 1012.2 CLASS B STATION/WORK UNIFORM
1012.2.1 PANT
Workrite Nomex III, Midnight Navy Color Men;s 402 NX 75 MN (full cut) 400 NX 75 MN (regular cut) Women's 401 NX 75 MN.
1012.2.2 SHIRT
Workrite Nomex III, Midnight Navy Color Men's Short Sleeve 700 NX 45 MN Men's Long Sleeve 705 NX 45 MN Women's Short Sleeve 701 NX 45 MN Women's Long Sleeve 706 NX 45 MN Employee's last name shall be embroidered in 1/2 inch capital block letters centered 1/2 inch above right pocket as follows: Font: Arial Block or equivalent. Thread Color: Gold #763 (Chief Officers) White #010 (All others). A department shoulder patch shall be centered vertically on each sleeve, 1/2 inch below shoulder seam.
1012.2.3 T-SHIRT
Dark navy blue, short sleeve, with "Monterey Fire Department" silk-screened on two lines in white block letters, with a silk-screened white Maltese cross outlined in red centered between "Monterey" and "Fire Department", and centered over the left breast, and "Monterey Fire" silk-screened on two lines and centered on the back of the shirt with "Monterey" printed in white block letters outlined in red, and "Fire" printed in red block letters.

Long-sleeved T-shirt meeting the above specifications is authorized as an alternative for wear under the long-sleeved uniform work shirt, 1/4-zip sweatshirt, or nomex wildland shirt only. 1012.2.4 BELT
1-1/2 inch or 1-3/4 inch black leather with basket weave design (Boston Leather #6505 or equivalent).
1012.2.5 BUCKLE
Plain, square-shape with center bar; nickel finish for Fire Fighter, Engineer and Captain, gold finish for Chief Officers.
1012.2.6 ACCESSORIES
Badge: Centered on left breast above shirt pocket.

Collar Brass: Silhouette type, 7/8 inch in size.

Captain: Two vertical silver bugles (Blackinton A2909-2 or equivalent) Div. Chief: Three crossed gold bugles (Blackinton A2907 or equivalent) Asst. Fire Chief: Four crossed gold bugles (Blackinton A2906 or equivalent) Fire Chief: Five crossed gold bugles (Blackinton A2905 or equivalent) 1012.3 CHIEF OFFICER WORK UNIFORM
Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 68, Packet Page 136 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 4 1012.3.1 PANT
Workrite Nomex III, Midnight Navy Color
Men's 402 NMX 75 MNB (full cut) 400 NMX 75 MNB (regular cut) Women's 401 NMX 75 MNB Fecheimer, 100% wool, Style # SFFD.
1012.3.2 SHIRT
Flying Cross All Weather Deluxe Tropical, white
#95R-6600 (SS) #45W-6600 (LS) Elbeco Duty Plus, white #2210-3 (SS) #210-3 (LS) Or
Workrite Nomex III, Midnight Navy Color Men's Short Sleeve 700 NX 45 MN Men's Long Sleeve 705 NX 45 MN Women's Short Sleeve 701 NX 45 MN Women's Long Sleeve 706 NX 45 MN Employee's last name shall be embroidered in 1/2 inch capital block letters centered 1/2 inch above right pocket as follows: Font: Arial Block or equivalent Thread Color: Gold #763 (Chief Officers)White #010 (All others) A department shoulder patch shall be centered vertically on each sleeve, 1/2 inch below shoulder seam.
1012.3.3 T-SHIRT
White, short sleeve, crew neck (worn with white work shirt).

Dark navy blue, short sleeve, crew neck with "Monterey Fire Department" silk-screened on two lines in white block letters, with a silk-screened white Maltese cross outlined in red centered between "Monterey" and "Fire Department", and centered over the left breast, and "Monterey Fire" silk-screened on two lines and centered on the back of the shirt with "Monterey" printed in white block letters outlined in red, and "Fire" printed in red block letters (worn with dark nave blue work shirt).

Long-sleeved T-shirt meeting the above specifications is authorized as an alternative for wear under the long-sleeved uniform work shirt or nomex wildland shirt only. 1012.3.4 BELT
1-1/2 inch or 1-3/4 inch black leather with basket weave design (Boston Leather #6505 or equivalent).
1012.3.5 BUCKLE
Plain, square-shape with center bar; gold finish.
1012.3.6 SHOE
(optional) Black leather oxford dress shoe (Rocky #5118 or equivalent) or chukka half boot (Rocky #5018 or equivalent), plain toe.
1012.3.7 SOCK
Dark blue or black, plain, no design (with shoe or half boot).

Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 69, Packet Page 137 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 5 1012.3.8 TIE
(optional) Plain black (Broome 3-inch style # 455 or equivalent) with Windsor or four-in-hand pretied knot, clip-on, or velcro fastened. A plain gold bar tie clasp or pin is acceptable to keep tie in place.
1012.4 CLASS A DRESS UNIFORM (OPTIONAL):
1012.4.1 HAT
Hankin Bros. Cap Co., or Bayly Semi-Pershing style with adjust-to-size feature.

Firefighter, Engineer: Dark navy blue cap cover and frame; 2-inch black patent leather visor, angled down slightly; nickel-plated expansion cap strap affixed with silver or nickel-finished California "Eureka" style buttons. silver 1-1/2 inch diameter round cap badge signifying employee's rank shall be affixed to the front center of cap (Blackinton style #A2327, #A8456 or #A175).

Captain: White naugahyde cap cover with black frame; 2-inch black patent leather visor, angled down slightly; nickel-plated expansion cap strap affixed with silver or nickel-finished California "Eureka" style buttons. Silver 1-1/2 inch diameter round cap badge signifying employee's rank shall be affixed to the front center of cap (Blackinton style #A175).

Division Chief, Asst. Fire Chief: White naugahyde cap cover with black frame; 2-inch black patent leather visor, angled down slightly; gold expansion cap strap affixed with gold California " Eureka" style buttons; gold 1-1/2 inch diameter round cap badge shall be affixed to the front center of cap (Blackinton style #A2910, #A1962).

Fire Chief: Same as Division Chief with Blackinton style. #A2811 cap badge, or (optional) white naugahyde cap cover with black frame; 2-inch black fabric visor, angled down slightly with gold bullion embroidered oak leaf cluster design; gold wire lace cap strap affixed with gold California "Eureka" style buttons; gold 1-1/2 inch diameter round cap badge shall be affixed to the front center of cap (Blackinton style #A2811). 1012.4.2 JACKET
Eisenhower style with zipper front, 100% wool, 16 oz., dark navy blue color with silver pocket and epaulet buttons (gold for Chief Officer), and a department patch sewn on each arm, centered vertically 1/2-inch below shoulder seam.

Name Tag: 1/2-inch x 2--1/2 inch polished metal with employee's first name, middle initial, and last name in black block lettering (silver for Fire fighter, Engineer and Captain, gold for Chief Officer), worn centered above right pocket touching top of pocket flap.

Collar Brass: Round style, 15/16-inch diameter, worn on each lapel.

Fire Fighter: Silver FD Scramble (Blackinton #A2939).

Engineer: Silver Fire Engine (Blackinton #A7871).

Captain: Two vertical silver bugles (Blackinton #A2875).

Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 70, Packet Page 138 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 6 Division Chief: Three crossed gold bugles (Blackinton #A2873).

Asst. Fire Chief: Four crossed gold bugles (Blackinton #A2872).

Fire Chief: Five crossed gold bugles (Blackinton #A2871).

Badge: Worn centered above left pocket.

Sleeve Braid: 1/2-inch wide, sewn on both sleeves with bottom of first braid 3 inches above cuff (1/4-inch separation between braids).

Fire Fighter: One black braid on each sleeve.

Engineer: One light blue braid on each sleeve.

Captain: Two silver braids on each sleeve.

Division Chief: Three gold braids on each sleeve.

Assistant Chief: Four gold braids on each sleeve.

Fire Chief: Five gold braids on each sleeve.

Service Stars: 3/4-inch, sew-on "round patch" style (or embroidered) with service star same color as sleeve braid and background fabric same color as jacket fabric (one star for each five years of service). Service stars shall be sewn above the highest sleeve braid on the left sleeve only as follows:

Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 71, Packet Page 139 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 7 1012.4.3 PANT
Flying cross, dark navy blue, 100% wool, straight leg, no cuff or sap pocket, Fecheimer Sytle #SFFDTRS02 or equivalent.
1012.4.4 BELT
1-1/2 inch or 1-3/4 inch black leather with basket weave design (Boston Leather #6505 or equivalent.)
1012.4.5 BUCKLE
Plain, square-shape with center bar; polished nickel finish for Fire Fighter, Engineer and Captain, polished gold finish for Chief Officers.
1012.4.6 SHIRT
White, long-sleeve dress uniform shirt with shoulder epaulets (Flying Cross style # 45W-6600 or equivalent.)
1012.4.7 TIE
Plain black (Broome 3-inch style #455 or equivalent) with Windsor or four-in-hand pre-tied knot, clip-on, or velcro fastened. A plain polished bar tie clasp is acceptable to keep tie in place (silver for Fire Fighter, Engineer and Captain, gold for Chief Officers.) 1012.4.8 SHOE
Black leather oxford dress shoe, plain with high gloss finish (Rocky #5108 or equivalent.) 1012.4.9 SOCK
Dark navy blue or black, plain.
1012.5 OPTIONAL UNIFORM ACCESSORIES
1012.5.1 SWEATSHIRTS
Sweatshirt Dark navy blue, 1/4 zip with collar (Game Sportswear Model 811 or equivalent) with "Monterey Fire Department" embroidered on three lines and centered over the left breast ("Monterey" and "Department" in white letters and "Fire" in red letters outlined in white), and employee's last name embroidered in 1/2-inch white block letters and centered over the right breast. Employees may optionally have their rank (Fire Fighter, Engineer, Captain, Deputy Fire Marshal) embroidered in 1/2-inch white block letters and centered above their name.

Dark navy blue, crew neck (Port and Co.) with "Monterey Fire Department" silk-screened on two lines in white block letters, with a silk-screened white Maltese cross outlined in red centered between "Monterey" and "Fire Department", and centered over the left breast, and with "Monterey Fire" silk-screened on two lines and centered on the back of the shirt with "Monterey" printed in white block letters outlined in red, and "Fire" printed in red block letters.

Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 72, Packet Page 140 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 8 1012.5.2 JACKETS
Spiewak Model S-310 with removable liner, dark blue color (011) with badge tab removed; silver buttons for Fire Fighter, Engineer and Captain, gold buttons for Chief Officer; with Monterey Fire Department patches on both sleeves, centered 1/2 inch below shoulder seam. Employee's rank (Fire Fighter, Engineer, Captain, Deputy Fire Marshal, Division Chief, Assistant Fire Chief, Fire Chief) and last name may be embroidered on two lines in 1/2-inch white block letters and centered over the right breast.

Dickies Lined Eisenhower Jacket, dark navy blue (Item # TJ15DN,) with "Monterey Fire Department" embroidered on three lines and centered over the left breast ("Monterey" and "Department" in white letters and "Fire" in red letters outlined in white), and employee's last name embroidered in 1/2-inch white block letters and centered over the right breast. Employees may optionally have their rank (Fire Fighter, Engineer, Captain, Deputy Fire Marshal) embroidered in 1/2-inch white block letters and centered above their name.

5.11 full zip fleece jacket, navy blue (liner from medical coats or equivalent,) with "Monterey Fire Department" embroidered on three lines and centered over the left breast ("Monterey" and "Department" in white letters and "Fire" in red letters outlined in white), and employee's last name embroidered in 1/2-inch white block letters and centered over the right breast. Employees may optionally have their rank (Fire Fighter, Engineer, Captain, Deputy Fire Marshal) embroidered in 1/2-inch white block letters and centered above their name. 1012.5.3 BASEBALL CAP
Flexfit, dark navy blue color with "Monterey Fire Department" embroidered on three lines centered on the front of the cap. "Monterey" shall be embroidered in 3/8-inch white block letters, "Fire" shall be embroidered in 1-inch red block letters outlined in white, and "Department" shall be embroidered in 1/3-inch white block letters.

Baseball caps shall only be worn with the brim facing forward and centered over the face. 1012.5.4 KNIT CAP
Midnight navy blue, 100% Acrylic with same embroidered logo as baseball cap (Port & Co. #CP91A or equivalent.)
1012.5.5 BOONIE HAT
Dark blue cotton, wide brim collapsible hat with same embroidered printing on front as baseball cap (only authorized for wear during boat operations, USAR, or wildland incidents/training when employee is subjected to extended periods of sun exposure.) 1012.5.6 SERVICE PIN
Attached to left side of left pocket flap.
1012.5.7 VALOR AWARD
Centered 1/2 inch above name on shirt or jacket.

Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 73, Packet Page 141 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 9 1012.5.8 PARKER AWARD
Centered 1/2 inch above name on shirt or jacket.

If employee has received both the Parker award and the Valor award, they shall be worn side-byside and centered above name on shirt or jacket. 1012.5.9 UNION PIN
Attached to left pocket flap.
1012.6 PHYSICAL FITNESS ATTIRE
1012.6.1 SHORTS
Dark blue cotton or synthetic blend, leg not less than 2 inches or more than 10 inches in length; shall not be worn so as to expose the wearer's underwear or buttock area. 1012.6.2 PANTS
Dark blue cotton sweat pants, with "Monterey" silk-screened in white block letters over a silkscreened Red Maltese Cross outlined in white, over "Fire Department" silk-screened in white block letters, all on the left front of the pants where a pocket would otherwise be located. 1012.6.3 T-SHIRT
Dark navy blue, short sleeve, crew neck with "Monterey Fire Department" silk-screened on two lines in white block letters, with a silk-screened white Maltese cross outlined in red centered between "Monterey" and "Fire Department", and centered over the left breast, and "Monterey Fire" silk-screened on two lines and centered on the back of the shirt with "Monterey" printed in white block letters outlined in red, and "Fire" printed in red block letters.

Dark navy blue shirts, made of synthetic materials, may be worn during Physical Fitness only if the employee has put an approved work uniform t-shirt with his safety equipment. The employee must change into an approved work uniform t-shirt prior to leaving the station and/or responding to an incident.
1012.6.4 SWEATSHIRT
Dark navy blue, crew neck (Port and Co.) with "Monterey Fire Department" silk-screened on two lines in white block letters, with a silk-screened white Maltese cross outlined in red centered between "Monterey" and "Fire Department", and centered over the left breast, and with "Monterey Fire" silk-screened on two lines and centered on the back of the shirt with "Monterey" printed in white block letters outlined in red, and "Fire" printed in red block letters.

Dark navy blue, hooded, with "Monterey Fire Department" silk-screened on two lines in white block letters, with a silk-screened white Maltese cross outlined in red centered between "Monterey" and "Fire Department", and centered over the left breast, and with "Monterey Fire" silk-screened on two lines and centered on the back of the shirt with "Monterey" printed in white block letters outlined in red, and "Fire" printed in red block letters (see the exceptions listed within this Policy for authorized wear.)
Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 74, Packet Page 142 Monterey Fire Department
Monterey FD Fire Policy Manual
Uniform Standards
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Uniform Standards - 10 1012.6.5 SHOES
Athletic-type running or workout shoes.
1012.7 UNIFORM MAINTENANCE
Cleaning and maintenance of all uniform components and accessories shall be the responsibility of the individual employee.
1012.8 WEAR OUT PERIOD
Dark navy blue Flying Cross nomex work pants may continue to be worn until no longer serviceable as described in this Policy.
1012.9 CAPTAIN UNIFORM CHANGES
Employees holding the rank of Captain as of December 31, 2014, may continue to wear a gold badge, gold collar brass and gold belt buckle with the Class B uniform. They may continue to wear a gold badge, gold belt buckle, gold tie bar, and gold buttons with the Class A uniform. 1012.10 SPECIALTY SHIRTS
Specialty shirts (i.e. Pink for Breast Cancer Awareness, Camouflage for Military Appreciation, etc.) may be worn with approval from Fire Chief, or designee, in lieu of the standard uniform T-shirts.

Exhibit G – Uniform Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 75, Packet Page 143 Exhibit H – Physical Fitness Program
City of Monterey Fire Department
Physical Fitness
Program
A Comprehensive Firefighter Fitness
Program Designed to Address the
Demands of the Occupational Safety and
Health of the Professional Firefighter
Revised 12/23/99
Fire Chief’s Philosophy: It is the belief and conviction of the Chief of the Monterey Fire Department that the fitness of all represented employees of the department is critical to their safety and well-being. In addition, a high level of overall physical fitness is necessary to enable the members to function at the level needed to properly and safely carry out the demands of the profession. Further, this level of physical fitness, coupled with the mental discipline expected of the firefighter professional can mean the difference between life and death, a full and productive career, and a positive emotional state. Professional firefighters have a responsibility to maintain physical fitness, and the department has a responsibility to support them.

Goal: It is the goal of the Monterey Fire Department to implement a physical fitness program which will enable the development and maintenance of the physical fitness necessary to support a long and productive career, safely perform the assigned functions of the job, reduce the probability and severity of occupational injuries and illnesses, and to reduce the impact of environmental and physiological stressors encountered in the profession.

Objective: To aggressively work to change the culture and status quo of the department to embrace a program that includes the following objectives and to comply, insofar as possible, with nationally recognized fire service standards, such as NFPA: (1) Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 76, Packet Page 144 Exhibit H – Physical Fitness Program
To provide a medical evaluation of all employees on a regular basis as determined by the Fire Chief, (2) To provide a comprehensive physical fitness program for all employees; (3) To establish and maintain a confidential health database for all employees; (4) To provide and maintain an injury and illness prevention program within the department as required by law; (5) To provide access to appropriate and effective medical treatment for work related injuries and illnesses; (6) To provide access to employee assistance programs to enable the employee to maintain positive physical and emotional conditioning; (7) To provide critical incident stress debriefing to all employees when exposure to situations warrant.

Components: Physical Exercise
On-Duty time for Participation in the Exercise Program
Fitness Equipment / Apparatus
Fitness Counseling / Training
Medical / Physical Examinations & Consultation
Employee Assistance Program
Critical Incident Stress Debriefing
Injury and Illness Prevention Program
Confidential Employee Fitness / Health Data Base
Worker’s Compensation Program
Department Policy and Procedures
Regular Review and Improvement of the Program
Description of the Program: This program is intended to build on the following components already in place in the department: The initial and periodic medical evaluations, Employee Assistance Program, Sports Center access (Pass), Injury and Illness Prevention Program, Worker’s Compensation medical evaluation and treatment, on-duty time for physical exercise and the provision and maintenance of fitness equipment in the fire stations.

To the existing components, the following new components will be introduced: (1) Fitness counseling provided by a trained Fitness Trainer/Counselor; (2) Confidential Employee Fitness and Health Data base; (3) Supporting Departmental Policy and Procedures; and (4) Ongoing evaluation and improvement of the program, based on input from informed personnel, fitness data analysis, changing job requirements, and the availability of resources.

Fitness Counseling: The Monterey Fire Department will retain a Fitness Trainer/Counselor to provide fitness assessment, counseling, and training to employees of the department The Fitness Trainer/Counselor will also assist the Fire Chief, or designee, in the development and maintenance of the physical fitness program to include a health database and ongoing evaluation with recommended program adjustments. The health data base regarding each employee shall be confidential between the employee and Trainer/Counselor. The Trainer/Counselor shall provide the Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 77, Packet Page 145 Exhibit H – Physical Fitness Program
Department general data about the results of the physical fitness program without reference to any individual employee.

Physical Fitness Exercise: All employees subject to this program may participate in an on duty exercise program.

A minimum of one and one-half hours each work day will be provided as the exercise period, depending on operational impacts and scheduled duties. All on-duty personnel are required to participate in the Department Physical Fitness Program at least at a minimum level. This minimum level requires exercise for warm-up and flexibility, as guided for each employee by the Physical Fitness Trainer/Counselor, during the beginning of the work shift, depending on operational impacts and scheduled duties.

Exercises authorized under the fitness program shall take place on premise as guided by the fitness Trainer/Counselor, consistent with applicable policy and procedure.

Exercise approved under this proposal by off-duty personnel may be authorized by the on-duty Duty Chief or Duty Officer using department facilities (subject to operational impacts). Off duty exercise will not be counted as time worked and shall not be compensable. Fitness prescriptions or programs at the direction of a medical doctor, physical therapist or other health practitioner may be used if approved in writing by the Fire Chief.

Exercises that are considered job-related are listed below. Physical fitness activities that are not listed below is not considered job-related for the purposes of Worker’s Compensation liability.

The exercise period will be divided into the following elements:

1. Warm Up

2. Flexibility

3. Strength

4. Endurance

5. Cool Down
Special prescriptive exercises may be substituted that address injury rehabilitation, weight reduction, or programs necessary to balance overall fitness of the employee when prescribed in writing and approved by the Fire Chief.

Warm Up: (10 minutes)
Choice or combination of:

Walking
Stationary Cycling
Chest and Shoulder Stretch
Arm Rotations
Lunges
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 78, Packet Page 146 Exhibit H – Physical Fitness Program
Shoulder Rotations
Hamstring Stretch
No Hands Squat
Flexibility: (10-15 minutes)
Perform stretches slowly until you reach the position where tension (not pain) is felt in the muscle. Hold for 5 – 10 seconds. Repeat each stretch several (no less than three) times. Do not bounce or jerk during the stretching motion.

Daily Dozen
Arm Stretch
Sitting Stretch
Side Rotation Stretch
Double Stretch
Sky Stretch
Side Stretch
Floor Stretch
Leg Arch
Knee Swing
Pedal Stretch
Horizontal Leg Stretch
Leg Extension
-orNautilus Baker’s Dozen
Shoulder Rolls
Arm-Overhead Triceps Stretch
Triceps Stretch across Body
Chest and Shoulders
Side Stretch
Calf Stretch
Achilles Stretch
Standing Quadriceps Pull
Groin Stretch
Single-Leg Hamstring Stretch
Dual Hamstring Stretch
Spinal Twist
Knee Pull to Chest
Strength: (15 – 25 minutes)
Abdominal Crunches I – 2 sets / 20 – 30 repetitions
Oblique Crunches I – 2 sets / 20 – 30 repetitions
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 79, Packet Page 147 Exhibit H – Physical Fitness Program
Good Mornings I – 2 sets / 20 repetitions
Bench Press I – 2 sets / 10 – 12 repetitions
Pullovers I – 2 sets / 20 repetitions
Pushups or Gravitron I – 2 sets / 10 – 20 repetitions
Dead Lifts I – 2 sets / 10 – 12 repetitions
Curls I – 2 sets / 10 – 12 repetitions
Squats I – 2 sets / 10 – 20 repetitions
Lunges, Hack-Squats or Modified Squats I – 2 sets / 10 – 12 repetitions Endurance: (20 – 30 minutes)
Choice / Combination of:

Stationary Bike
Stepper
Treadmill
Running (Jogging)
Rowing
Jump Rope
Stationary Skier
Aerobic Dancing
Cool Down: (10 minutes)
Gentle Jogging Walking Gentle Stationary
Cycling (no resistance)
Fitness Equipment/Apparatus* and Number per Station:

Mini-power rack (1)
0 – 90 degree adjustable bench (1)
400# Olympic Barbell Set (1)
Fixed Dumbbell Set (109-509) (1)
Gravitron (1)
Stationary Cycle (2) Station 11; (1) Stations 12, & 13
Versa Climber (1)
Treadmill (1)
Rowing Machine (1)
Stationary Skier (1)
Reverse Hyper (1 only for entire department)
* Equipment may vary depending on space available. The above list is provided as guidance and is not intended to bind the City to purchase all of the equipment listed.

Employee Fitness & Health Data Base: Pending development of specific information and methods of maintaining confidential data.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 80, Packet Page 148 Exhibit H – Physical Fitness Program
This component may include software applications to assist the Trainer/Counselor in assessment of employees and data base management.

Departmental Review: This component is pending development; however, it is intended to commit the department to a regular evaluation of the program and its impacts on the employees.

Phasing: The physical fitness program will contain the following ongoing elements:

1. Review and update policy/procedure guidelines and other supporting documentation through the department’s physical fitness project.

2. Provide fitness equipment

3. Provide and maintain a contract physical fitness Trainer/Counselor to provide fitness counseling and training.

4. Under the guidance of the physical fitness Trainer/Counselor, conduct annual fitness evaluations.

5. With the cooperation of the fitness Trainer/Counselor, create a health database that is confidential regarding individual employees.

6. Create, schedule, and process evaluation and improvement of the fitness program with the guidance of the physical fitness Trainer/Counselor, the department’s fitness program and management staff.

Daily Dozen
Start out gently with these stretching exercises and work your muscles at their own pace. You will soon move more easily and your chances of suffering from sore joints and lower back pain will diminish. Take a deep breath after each stretch.

Arm Stretch
Hold one arm straight out from your side. Level with the shoulders. Make an arc by raising your arm straight up, then lowering it to your side. Hold your arm out again.

Swing it across your chest as far as is comfortable. Swing it toward your back as far as it will comfortably go. Now hold your arm straight in front of you, bending your elbow in a right angle with the palm toward the floor. Without moving your upper arm, move forearm straight up and then straight down. Alternate arms.

Sitting Stretch
Sit on the floor with your legs extended at least 6 to 10 inches apart. Bend forward with arms outstretched as far as you can and hold the position for 3 to 10 seconds. Do not strain or bounce.

Side Stretch
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 81, Packet Page 149 Exhibit H – Physical Fitness Program
Make three imaginary marks at shoulder height on a wall at about one-foot intervals.

Stand with your back to the wall, an arm’s length away. Extend one arm and twist your body, touching each mark with your hand. Reach as far as possible. Change sides and repeat.

Double Stretch
Using the same marks as for the side stretch, stand three feet from the wall. With your back to the wall and your feet about two feet apart, bend and touch the floor. Straighten up. Twist your body and touch the marks on the wall. Return to starting position and repeat, this time twisting to the other side.

Sky Stretch
Stand with your feet spread apart. Clasp your hands high above your head. Lean your head back and look up. Stretch your shoulder muscles as if you were reaching for the sky. Hold for several seconds, or as long as is comfortable. Relax. Repeat two to four times.

Side Stretch
Stand straight with your legs spread comfortably. Clasp your hands above your head.

Lean from the waist to the right as far as is comfortable without moving your hip.

Repeat, leaning to the left.

Floor Touch
Stand erect with your legs spread. Bring your hands together in front of you. Bend at the waist and try to touch the floor. Don’t strain! Hold for 10 seconds. Return to starting position and repeat.

Leg Arc
Stand straight with your arms at your sides. In one continuous motion, swing your leg straight out to one side. Swing it back across your other leg as far as comfortably possible. Return to starting position and repeat with the other leg.

Knee Swing
Lie on your back with your arms outstretched and palms down. Keeping your ankles together. Raise your knees to your chest and roll your knees to touch the floor, first on one side, then the other. Keep your hands and shoulders firmly on the floor. Repeat 15 to 30 times.

Pedal Stretch
Lie on your right side with your head resting on your outstretched arm and the palm of your left hand or the floor in front of your chest. Raise your legs slightly off the floor and pedal for 10 seconds as if you were riding a bicycle. Switch sides and repeat.

Horizontal Leg Stretch
Lie on your back with both legs outstretched. Bend your right knee and raise it until your foot is a few inches off the floor, keeping your hips straight, slide your left leg to the left Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 82, Packet Page 150 Exhibit H – Physical Fitness Program
along the floor. Slide it back and lower the other leg. Repeat the exercise, alternating legs.

Leg Extension
Lie on your back with one knee bent and your foot on the floor. Slowly raise the other leg to a vertical position, or as far as is comfortably possible. Lower it slowly. Repeat with the other leg.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 83, Packet Page 151 Exhibit H – Physical Fitness Program
THE NAUTILUS BAKER’S DOZEN – STRETCHING ROUTINE
The following stretching routine should be used prior to your workout. There are many other alternative stretches and modifications that you could substitute for the ones which appear here. Stretching, as part of your warm-up, is important to reduce your risk of injury. When stretching, follow these guidelines:
* Warm-up for 4-5 minutes on the bicycles or treadmill prior to stretching.

Perform the stretch slowly, until you reach the position where tension (not pain!) is felt in the muscle, and then hold for 5-10 seconds. Repeat each several times.
* Do not stretch with a bouncing or jerking motion. You should stretch before and after your workouts.
* Remember to continue breathing during the various stretches.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 84, Packet Page 152 Exhibit H – Physical Fitness Program
Barbells and Dumbbells
The barbell and dumbbell exercises described here are designed to build muscle, improve muscular strength and endurance and firm the entire body. This combination of exercises works every major muscle.

Squat
Bend at the waist and grasp the bar in an overhand grip (palms down). Flexing the knees, stand up, curl the bar to your chest, press it overhead and lower it to your shoulders with feet spread comfortably and toes pointed outward for balance Squat slowly until your thighs are parallel to the floor. Return to the standing position. Try to keep your back and head straight throughout and be sure to keep your feet flat on the floor.

Toe Raise
Lift the bar to your shoulders as in the squat exercise, keeping your back straight and your head up. Raise your heels off the floor as far as possible. Return to the starting – position.

Curl
Stand with your back straight, your head up and your feet slightly spread. Grasp the bar in an underhand curl (palms up) with arms fully extended. Then slowly curl the bar up to your chest. Hold for a count of 2 and lower it slowly to the starting position. Be careful to lower the bar slowly rather than letting it drop from its own weight. Keep the bar under control at all times.

Dead lift
Bend at the knees and grasp the bar in an overhand grip. Stand up, bringing the bar with you letting it hang with arms fully extended. Make sure your back is straight and your head up when you are in the standing position.

Upright Row
Stand with your back straight and your head up. Hold the bar in an over hand grip with arms fully extended. Keep your hands about 6 inches apart. Slowly raise the bar above the front of your body until your hands are under your chin. Lower it slowly to the starting position and repeat.

Bent Row
Bend over at the waist keeping your back as flat as possible and your head up. Grasp the bar in a widely-spaced overhand grip and raise it slowly to your chest. Lower it slowly to the floor and repeat. Bend your knees if necessary.

Good Morning
Stand straight with the bar on your shoulders and your feet comfortably spread. Then bend over at the waist until your chest is parallel to the floor. Keep your back as flat as possible throughout this exercise. Caution: Do not attempt this exercise if you have back problems.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 85, Packet Page 153 Exhibit H – Physical Fitness Program
Bench Press
Lie on your back on a bench or the floor with your back flat against the surface and the bar over your chest. Slowly press the bar straight up until your arms are fully extended, then lower it slowly to the starting position.

Triceps Extension
Stand erect with the bar pressed straight over head. Your hands should be about 8 inches apart, then lower the bar slowly behind your head by bending your elbows.

Slowly raise the bar to the starting position and repeat.

Press behind the Neck
Stand erect with the bar resting on your shoulders. Press the bar directly up over your head and lower it slowly to the starting position.

Dumbbell Press
Stand with your feet comfortably spread and a dumbbell in each hand at shoulder level.

Alternately press one dumbbell and then the other straight up, with your arm fully extended.

Shoulder Extension
Lie flat on a bench or the floor with the dumbbell held in both hands behind your head.

Keeping your arms straight, bring the dumbbell to a position over your chest. Return to the starting position.

Dumbbell Swing
Stand with your legs spread and hold the dumbbell directly over your head with both hands. Then swing the dumbbell in a wide arc down in front of you and between your legs as far as you can without straining. You’ll have to bend your knees to do this properly. Reverse the process and swing the dumbbell back up to the starting position.

Dumbbell Fly
Lie flat on a bench or the floor with a dumbbell in each hand and your arms extended directly over your chest. Slowly lower the dumbbells directly out to the sides until your arms are parallel with the floor. Then bring the dumbbells back to the starting position.

Be sure to lower slowly to prevent strain on your arms.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 86, Packet Page 154 Policy
1010
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** No Smoking - 1 No Smoking
1010.1 INTENT
It is the intent of this policy to prohibit smoking and other uses of tobacco and other similar products, which could result in one or more medical conditions, illnesses, or injuries which are presumed to arise out of and in the course of duty as a firefighter. 1010.2 APPLICATION
This policy applies to all uniformed employees of the Monterey Fire Department who, in the normal course of their duties, may be industrially exposed to smoke or other carcinogens, unless otherwise accepted by the employee's current Memorandum of Understanding (MOU) with the City of Monterey.
1010.3 RESPONSIBILITY
It is the responsibility of all Fire Department employees, identified above to adhere to this policy.

Employees shall not smoke any tobacco products or other compounds, on or off duty, unless prescribed by a medical doctor and used according to the prescription information in the course of medical treatment of an illness or injury.

Employees shall not use any smokeless tobacco products, such as, but not limited to, snuff or chewing tobacco.

Avoidance of smoking and other uses of tobacco are conditions of employment intended to protect the employee's health and to limit exposure to carcinogenic substances.

If an employee uses tobacco or other products in violation of this policy, the employee is subject to disciplinary action, up to and including termination of employment with the Fire Department.

This policy is not intended to rule out occasional one-time, limited use of these products in ceremonies or celebrations, such as smoking a cigar in the celebration of the birth of a child or participating in a Native American ceremony of passing the pipe. 1010.4 REFERENCES
City of Monterey Personnel Policies and Procedures (Chapter 25 of the Monterey City Code) Government Code Section 12940.1
Labor Code Sections 3212 and 3212.1.

Exhibit I – No Smoking Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 87, Packet Page 155 Policy
1024
Monterey Fire Department
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 1 Substance Abuse
1024.1 PURPOSE
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of management and employees. It is the policy of the City of Monterey to maintain a safe, healthful and productive work environment for all employees. To that end, the City and IAFF Local #3707 will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee's ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or tends to undermine public confidence in the City's workforce. All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination.

In recognition of the serious duty entrusted to the employees of the City, with knowledge that drugs and alcohol can hinder a person's ability to perform duties safely and effectively, the following policy against drugs and alcohol abuse is hereby adopted by the City of Monterey and affirmed by IAFF Local #3707.
1024.2 DEFINITION
Employees as used in this policy refer to any employee of the City of Monterey in the classifications represented by IAFF.
1024.3 POLICY
It is the policy of the City that employees:
• Shall not report to work or be at work under the influence of any alcohol, drugs and/or controlled substances or have the odor of alcohol, drugs and/or controlled substances on their person;
• While on or off – duty or paid stand-by, shall not use, ingest, possess, sell or provide drugs and/or controlled substances unless pursuant to a medical prescription. • Shall not use, ingest, possess, sell or provide alcohol on duty, unless permission has been granted to
use and ingest under the provision of City Code Section 25- 3.04.d. • Shall not have their ability to work impaired as a result of the use of alcohol, drugs and/or controlled substances.

While use of medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his/her supervisor before beginning work when taking medications or drugs which the employee knows or should have known my interfere with the safe and effective performance of duties or operation of City equipment can result in discipline.

Exhibit J – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 88, Packet Page 156 Monterey Fire Department
Monterey FD Fire Policy Manual
Substance Abuse
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 2 In the event there are questions regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from the employee's physician or the City physician will be required.

The City has established services through its health plan providers to assist those employees who voluntarily seek help for alcohol, drugs and controlled substance abuse problems. Employees may contact their supervisors, or the City Personnel Department for additional information.

Employees reasonably believed to be under the influence of alcohol, drugs and/or controlled substances shall be prevented from engaging in work and shall be instructed to wait until a Division Chief or Duty Officer can arrange for any appropriate testing and transport for the employee from the work site to home or an appropriate medical facility by a competent authority.

Violations of this policy shall be grounds for discipline. Refusal to submit immediately to an alcohol, drugs and/or controlled substance analysis when directed by management will constitute insubordination which alone will from a basis for discipline and the employee shall be presumed to be under the influence for purposes of this policy.
1024.4 APPLICATION
Personnel
This policy shall apply to all employees.

Substances - The use, possession and/or provision of the following substances are subject to this policy:

Alcohol
Illegal drugs and/or controlled substances; and
Prescription drugs and other substances which may impair an employee's ability to effectively perform the functions of the job.
1024.5 EMPLOYEE RESPONSIBILITIES
The employee must:

Not report to work, be at work, or be on paid stand-by while his/her ability to perform job duties is impaired due to alcohol, drug and/or controlled substance use; Not possess or use, or have the odor of alcohol, drugs and /or controlled substance on their person during working hours, on breaks, during meal periods while on City property in an official capacity or while operating any City vehicles unless pursuant to a medical prescription, and never while impaired under any circumstances; Not directly or through a third party sell or provide drugs and/or controlled substances to any person or to any other employee while either employee or both employees are on or offduty, or paid stand-by; Exhibit J – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 89, Packet Page 157 Monterey Fire Department
Monterey FD Fire Policy Manual
Substance Abuse
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 3 Not directly or through a third party sell or provide alcohol to any other employee while either employee or both employees are on duty or stand by;
Submit immediately to required testing for alcohol, drug and/or controlled substance abuse analysis when requested by a supervising officer;
Notify his/her supervisor, before beginning work, when taking any alcohol, medications or drugs prescription or non-prescription, which the employee knows or should have known may interfere with the safe and effective performance of duties or operation of City equipment; and
Not engage in the use, possession or provision of controlled substances, unless pursuant to a medical prescription, or of illegal drugs.
1024.6 MANAGEMENT RESPONSIBILITIES AND GUIDELINES FOR TESTING Managers and supervisors are responsible for consistent enforcement of this policy. Any supervisor who knowingly permits a violation of this policy by employees under his/ her direct supervision shall be subject to disciplinary action.

Guidelines for Reasonable Suspicion Testing
An officer of the rank of Captain or above (Acting Captains included) may require that an employee submit to a drug and/or alcohol analysis when a manager or supervisor has reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief based on objective and articulable facts sufficient to lead a reasonable prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employees' ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. Prior to a manager or supervisor requiring an employee to submit to testing under reasonable suspicion, that manager or supervisor must observe or confirm the conditions which may constitute reasonable suspicion.

For example, any of the following, but not limited to these items, alone or in combination, may constitute reasonable suspicion:

Slurred speech;
Odor of alcohol on breath;
Behavior which is unusual in a manner suggestive of being under the influence of alcohol or drugs;
Possession of alcohol, drugs or drug paraphernalia;
Any manager or supervisor may require an employee to submit to a drug, controlled substance and/or alcohol analysis. If an employee of a lower rank believes a superior officer has a problem and should be tested or referred, he or she should contact the appropriate superior, or designee, as indicated in the following chart:

Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 90, Packet Page 158 Monterey Fire Department
Monterey FD Fire Policy Manual
Substance Abuse
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 4 Fire Captain Division Chief / Fire Chief / Other Chief Officer Deputy Fire Marshal Fire Marshal / Division Chief / Fire Chief Fire Prevention Officer Fire Marshal / Division Chief / Fire Chief Division Chief Fire Chief / City Manager / Other Chief Officer Fire Marshal Fire Chief / Division Chief / Other Chief Officer Fire Chief City Manager or Designee
Assistant Fire Chief Fire Chief or Designee
Assistant City Manager City Manager / City Attorney
City Manager City Attorney
The intent of this chart is to include acting personnel and/or successor classifications.

Should the superior officer concur that the employee appears to be in violation of this policy, the following procedure shall immediately be applied. Additionally, the following shall apply when a supervisor or manager requires an employee to submit to testing:

The manager or supervisor shall document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs.

Any manager or supervisor requiring an employee to submit to a drug, controlled substance and/or alcohol analysis shall be responsible for the employee's transport to the City's designated Employee Medical Services or emergency room where a drug or substance abuse and/or alcohol test will be requested.

Any manager or supervisor encountering an employee who refuses to submit to a drug, controlled substance and/or alcohol analysis upon request shall remind the employee of the requirements and consequences of this policy. Any employee refusing to submit to drug, substance abuse and/or alcohol testing shall not be forced to submit to such testing. The manager or supervisor should ask the employee to wait until transport can be arranged to the employee's home or a proper medical facility. Any employee refusing to submit to a drug, controlled substance and/or alcohol analysis shall be presumed to be under the influence in addition to being considered insubordinate.

Managers and supervisors shall not physically search employees.

Managers and supervisors shall notify the Police Department when they have reasonable suspicion to believe that an employee may have illegal drugs or controlled substances in his or her possession or in an area not jointly or fully controlled by the City.

Managers and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription.

Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 91, Packet Page 159 Monterey Fire Department
Monterey FD Fire Policy Manual
Substance Abuse
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 5 The employee will be informed of the requirement that he or she will undergo testing in a confidential manner, by one of the supervisory employees who made the reasonable suspicion determination.

Procedure for Alcohol and Drug Testing
Employees subjected to reasonable suspicion testing may be screened for the presence of alcohol drugs and/or controlled substances.

The employee shall provide for the collection site person (collector) no less than 45 cc of urine in a sealed collection container. The collector will then pour off (at least) 30 cc into a specimen bottle (to be used as the primary specimen) and will then pour off 15 cc into a second specimen bottle (to be used as the split specimen). Both bottles will be shipped in a single shipping container, together with copies 1, 2, & 3 of the Custody and Control Form, to the laboratory for testing.

In the event the employee is unable to produce the required quantity of urine, the initial specimen shall be discarded and a new collection process begun. The collector shall direct the employee to drink up to 40 ounces of fluid, distributed reasonably through a period of up to 3 hours, or until the individual has provided a new urine specimen of sufficient quality, whichever occurs first.

Employee will submit to a breathalyzer test for alcohol. If the employee has a positive Breath Alcohol Screen Test, the employee will be re-tested with the breathalyzer and a new mouthpiece after about 15 minutes. The results of the second test, the confirmation test, will be deemed final and conclusive.

The presence of any drug and/or controlled substance will be considered a violation of this policy unless medically prescribed and the employee has informed his/her supervisor of this prescribed medication if it could impair the employee's performance, prior to the imminent administration of the testing and analysis. Further, the presence of alcohol at 0.02 (% by volume) or more while the employee is on duty shall be considered a violation of this policy.

An employee specimen identified as positive on the initial Screen test shall be confirmed with a second test, the Confirmation test, using Gas Chromatography / mass spectrometry (GC/ MS). Fifteen (15) ml. of urine will be used from the Primary specimen to conduct the Screen test. If the results are negative all specimens will be discarded. A positive screen test results will be confirmed using (GC/MS) technique to confirm the initial test.

If the Final Result of the Primary specimen is positive, the employee may request, at the employee's expense, that the Medical Review Officer (MRO) direct, under Custody and Control procedures that the Split specimen be tested in a different SAMSHA-certified laboratory using GC/MS. The MRO shall honor such a request if it is made within 72 hours of the employee having been personally notified of a verified positive test result. The results of this test, if requested, shall be considered final and conclusive.

Results of Drug and/or Alcohol Analysis
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 92, Packet Page 160 Monterey Fire Department
Monterey FD Fire Policy Manual
Substance Abuse
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 6 If the employee's test result is negative, the following shall apply:

If the test is a result of a reasonable suspicion testing, the City and employee will be notified that the test was negative. The employee shall be provided a copy of the laboratory report, if any, and paid for any time off resulting from the resting process, if it would have otherwise been time worked, and return to work if otherwise fit for duty.

All records and documentation related to the specific instance giving rise to the actions under this policy shall be purged.

If the employee's test result is positive, the following shall apply:

A positive test result for reasonable suspicion test shall subject the employee to discipline. In the case of a first offense, other than an employee who is initially selfidentifying, the penalty shall not exceed a 96 hour suspension for an employee on a 56-hour schedule or 68 hours for an employee on a 40-hour schedule. Any subsequent violations of this policy shall not be subject to this limitation. Further, if an employee tests positive after previously identifying him/herself under the provision of this policy entitled "Self-Identification", this limitation shall not apply. This section does not supersede any other rights due an employee for disciplinary action, such as the right to appeal disciplinary action provided however that none of these rights shall be interpreted to allow an employee to delay being subjected to drug/alcohol testing.

Nothing in this policy shall prevent the City from taking separate disciplinary action on other concurrent disciplinable offenses.

An employee found in violation of this policy will be required to submit to evaluation through the Employee Assistance Plan for potential rehabilitation and, if so indicated, be required to participate in a rehabilitation program. The employee will provide the City with a general description prepared by the employee's treating Substance Abuse Professional of the proposed treatment plan. The treatment plan description must include: 1) employee's name, 2) the date treatment will begin, 3) the date that treatment is expected to end, and 4) any work or physical limitations that will be imposed on the employee during the treatment plan, based on a review of the employee's job classification and duties. If an employee refuses to participate, does not provide the general treatment plan description, or fails to complete a rehabilitation program, the City,at its option, may impose further discipline.

The City may require that an employee found in violation of this policy submit to more frequent testing to verify their compliance with this policy. Such testing, at the City's option, may be on a schedule or random basis and need not be subject to the frequency limits contained in this policy. Such more frequent testing shall not continue beyond 18 months following the completion of the Treatment Period. Treatment Period is defined as the period of time beginning with the initial evaluation by the Employee Assistance Plan provider, and ending with the City's receipt of a document from the testing Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 93, Packet Page 161 Monterey Fire Department
Monterey FD Fire Policy Manual
Substance Abuse
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 7 Substance Abuse Professional stating that the treatment plan has been successfully completed.

The provisions listed above, are not intended to waive the City's rights with respect to the continued employment and/or separation of probationary employees, pursuant to Chapter 25 of the Municipal Code.

The employee shall be provided with a copy of the test results.

The test results will be forward to the Designated City Contract, which will be in conformance with the Confidentiality Section and Attachment B. #11 herein.

An employee may use existing benefits programs for which they are enrolled and qualified, to underwrite the cost of a rehabilitation program, required by the City under this section, for any treatment which is not covered by the Employee Assistance Plan. In addition, an employee may use appropriate existing accrual leave banks with the City to maintain a pay status during rehabilitation, but not in lieu of a disciplinary suspension.

A list of test standards to be used for reasonable suspicion testing purposes are identified with an asterisk (*) on the attached Attachment "A". These test standards, where applicable, are consistent with SAMHSA (Substance Abuse Mental Health Services Administration) standards. For reasonable suspicion testing and for more frequent random or scheduled testing that results from an employee having previously tested positive or selfidentified, the entire list of substances shown in Attachment "A", and such illegal drugs or controlled substances that may arise subsequent to the finalization of the policy, may be used for the testing. The cutoff points contained in Attachment "A" are dependent on using a toxicology profile test procedure and are intended to establish a zero tolerance level. 1024.7 CONFIDENTIALITY
Detailed laboratory/test reports, if positive only, shall appear in an employee's confidential medical file. The reports may be disclosed to the Duty Chief, Fire Chief, Assistant Fire Chief, City Manager, City Attorney, and Personnel Director or their designees on a strictly need-to-know basis, and to the tested employee. Disclosures, without an employee's consent, may also occur when: (1) the information has been placed at issue in a formal dispute between the employer and employee; (2) the information is to be used in administering this program; (3) the information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure. 1024.8 SELF IDENTIFICATION
In recognition that it is desirable to provide an incentive for an employee engaged in any drug, controlled substance and/or alcohol abuse to identify him/her and receive treatment in an expeditious manner, the policy will include the following elements:

An employee who identifies him/herself as a substance abuser to the Fire Chief or Duty Officer shall be referred to the City's existing Employee Assistance Plan and medical insurance program for rehabilitation. Such self-identification must be done in writing Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 94, Packet Page 162 Monterey Fire Department
Monterey FD Fire Policy Manual
Substance Abuse
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse - 8 by the employee. Utilizing existing benefits, the self-identifying employee will be given the opportunity to rehabilitate him/herself once without being subject to discipline. Any subsequent relapse will be subject to discipline. Further, if an employee is required to be offduty in order to receive treatment, he/she will be provided his/her benefits under the Family Medical Leave Act. Such leave will be in a no-pay status unless the employee elects to utilize sick or another discretionary leave category.

The employee will provide the City with a general description prepared by the employee's treating Substance Abuse Professional of the proposed treatment plan. The treatment plan description must include: 1) Employee's name, 2) the date treatment will begin, 3) the date that treatment is expected to end, and 4) any work or physical limitations that will be imposed on the employee during the treatment plan, based on a review of the employee's job classification and duties. If an employee refuses to participate, does not provide the general treatment plan description, or fails to complete a rehabilitation program, the City, at its option, may impose discipline.

The City may require that the employee submit to more frequent testing to verify their compliance with this policy. Such testing, at the City's option, may be on a schedule or random basis and need not be subject to the frequency limits contained in this policy. Such more frequent testing shall not continue beyond 18 months following the completion of the Treatment Period. Treatment Period is defined as the period of time beginning with the initial evaluation by the Employee Assistance Plan provider, and ending with the City's receipt of a document from the treating Substance Abuse Professional stating that the treatment plan has been successfully completed.

An employee, for purposes of this section cannot self-identify upon or after official written notification of the City's intent to imminently conduct a reasonable suspicion test upon verbal notification.

An employee is not eligible for the benefits described in this section, if they have been approved for an industrial disability retirement by the City. 1024.9 ATTACHMENTS
Attachment A
Attachment B
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 95, Packet Page 163 Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Attachments - 9 Attachments
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 96, Packet Page 164 Attachment
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse Attachment A.pdf - 10 Substance Abuse Attachment A.pdf
Substance Abuse Attachment A.pdf
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 97, Packet Page 165 “ATTACHMENT A”

INITIAL SCREEN CUTOFF LEVELS
Drug or Drug Metabolite Cut off Points (NG/ML)
*Amphetamines 1,000 NG/ML
Barbiturates 300 NG/ML
Benzodiazepines 300 NG/ML
*Cocaine Metabolite 300 NG/ML
Methadone 300 NG/ML
Methaqualone 300 NG/ML
*Opiates 2,000 NG/ML
Phencyclidine 25 NG/ML
Propoxyphene 300 NG/ML
*THC Metabolites 50 NG/ML
*Ethyl Alcohol 0.02%
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 98, Packet Page 166

CONFIRMATION CUTOFF LEVELS
Drug or Drug Metabolite Cutoff level (NG/ML)
*Amphetamines
Amphetamine 500 NG/ML
Methamphetamine 500 NG/ML
Barbiturates 200 NG/ML
Benzodiazepines 200 NG/ML
*Cocaine Metabolite
Benzoylecgonine 150 NG/ML
Methadone 200 NG/ML
Methaqualone 200 NG/ML
*Opiates
Codeine 2,000 NG/ML
Morphine 2,000 NG/ML
Phencyclidine 25 NG/ML
Propoxyphene 200 NG/ML
*THC Metabolites 15 NG/ML
*Ethyl Alcohol 0.02%
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 99, Packet Page 167 *Alcohol

COMPREHENSIVE CONFIRMATION
(INCLUSIVE DRUG AND DRUG METABOLITES)
-Ethyl Alcohol
*Amphetamines
-Amphetamine (Benzedrine)
-d,l-Methamphetamine
Barbiturates
- Amobarbital (Amytal)
- Butabarbital (Butisol)
- Butalbital (Fiorinal)
- Mephobarbital (Mebaral)
- Pentobarbital (Nembutal)
- Phenobarbital (Luminal)
- Secobarbital (Seconal)
Methaqualone (Quaalude)
*Phencyclidine (PCP)
Propoxyphene (Darvon) & metabolite
*THC (Marijuana) metabolite
Benzodiazapines
- Alprazolam (Xanax) & metabolite
- Chlordiazepoxide (Librium) & metabolite
- Clorazepate (Tranxene, as Desmethyldiazepam)
- Diazepam (Valium) & metabolites
- Flurazepam (Dalmane) & metabolite
- Halazepam
- Lorazepam (Ativan)
- Midazolam (Versed)
- Oxazepam (Serax)
- Prazepam (Centrax)
- Temazepam (Restoril)
- Triazolam (Halcion)
*Cocaine
- Cocaine
- Cocaine metabolite (Benzoylecgonine)
*Opiates
- Codeine
- Morphine
- 6-acetylmorphine
- Hydrocodone (Dicodid)
- Hydromorphone (Dilaudid)
- Meperidine (Demerol) & Normeperidine
- Oxycodone (Percodan)
Methadone (Dolophine) & metabolite
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 100, Packet Page 168 Attachment
Monterey FD Fire Policy Manual
Copyright Lexipol, LLC 2024/07/23, All Rights Reserved.

Published with permission by Monterey Fire Department ***DRAFT*** Substance Abuse Attachment B.pdf - 11 Substance Abuse Attachment B.pdf
Substance Abuse Attachment B.pdf
Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 101, Packet Page 169 “ATTACHMENT B”

PROCEDURE FOR COLLECTING AND PROCESSING SAMPLES PURSUANT TO

THE SUBSTANCE ABUSE POLICY
The following describes the procedure for collecting the necessary urine samples pursuant to the City’s drug testing policy applicable to employees and is intended to be consistent with SAMHSA procedures and standards, where applicable. The physician or laboratory office shall follow the following procedure in collecting a sample and assure a chain of custody is maintained.

1. The City employee is to remove any outer garment (i.e. coat and/or concealing garment) in a private room under supervision and advice of a medical employee.

2. A medical employee will furnish the City employee a restroom where the employee will provide a urine sample (the medical employee does not need to visually observe the urination process).

3. Blue colored water is to be present in the toilet bowl and/or tank to prevent alteration of the urine sample and the temperature of the sample that the City employee has provided will be checked by the medical employee. If the urine sample is altered or cold, the applicant will be required to provide another sample.

4. The container of the sample will be closed and sealed with evidence tape and both the medical employee and the City employee will sign a chain of custody slip that is placed in the laboratory envelope along with the sample.

5. The sample will be shipped to the laboratory or if the sample is taken in the laboratory, custody will be assumed by the proper laboratory employee for testing. The laboratory will be one certified by SAMHSA.

6. Upon receiving the sample, the laboratory employee will examine the sealed sample for signs of tampering and assign a serial number to the sample to avoid identifying the City employee by name. The laboratory will also maintain a positive chain of custody at all times.

7. The laboratory will test the urine sample for the substances listed in Attachment “A” of this policy. In addition, the sample may be tested for the presence of other illegal drugs or controlled substances that may arise subsequent to the finalization of this policy. The types of substances tested for in reasonable suspicion testing are subject to the provisions of Section D.3 of the Substance Abuse Policy.

8. An employee sample that tests positive on the initial drug Screen test shall be Confirmed using GC/MS technique. All Confirmations shall be by quantitative analysis.

In the event of a positive Breath Alcohol Screen test, a mandatory fifteen minute wait period will be observed to allow for the dissipation of possible residual mouth alcohol. A Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 102, Packet Page 170 second test, the Confirmation test, will then be conducted using a new mouth piece. The results of the Confirmation Test are deemed to be the final result.

9. Any sample that has tested positive will be retained by the laboratory for a 6 month period to permit re-testing in connection with any administrative action the employee may file.

10. The results of the laboratory test shall be reviewed and interpreted by a Medical Review Officer (MRO). The Medical Review Officer shall be certified by the Medical Review Officer Certification Council. The City employee, if tested positive, shall promptly complete a form listing all medications and drugs that he or she is currently taking for review by the Medical Review Officer or verbally provide such information, if requested by the Medical Review Officer. At the request of the Medical Review Officer, the employee will provide evidence of prescriptions for medications. The employee may request a re-test of the split sample within 72 hours of being personally informed of the Medical Review Officer’s final determination of a positive test. Failing to make such a request within 72 hours shall constitute waving such a re-test.

11. The determination of the Medical Review Officer on whether or not the test has revealed the presence of drugs for which the employee has no legitimate medical explanation shall be reported to the Fire Chief or in the absence of the Fire Chief, the City Manager, Assistant City Manager, Personnel Director and/or the City Attorney.

Exhibit : – Substance Abuse Policy
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 8., Item Page 103, Packet Page 171 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the General Employees of Monterey (GEM) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

It is recommended that the City Council adopt a resolution approving the Memorandum of Understanding (MOU) between the City of Monterey and the General Employees of Monterey (GEM) for the period of July 1, 2024, through June 30, 2027.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The increase in cost over the 2023-24 base fiscal year is:
 For FY 24-25 is $949,628
 For FY 25-26 is $987,613
 For FY 26-27 is $1,027,117
The cost for FY 24-25 has been included in the budget adopted at the June 4, 2024 council meeting. Amounts for subsequent fiscal years will be included in the corresponding budget years.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 1, Packet Page 172 №10/24
on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives to approving a successor agreement are recommended. General Employees of Monterey (GEM) members and City of Monterey staff contributed to the development of the MOU as presented.

DISCUSSION:

As a result of meeting and conferring in good faith, the City of Monterey and the General Employees of Monterey (GEM) reached an agreement on a successor MOU. This agreement was ratified by GEM on July 1, 2024 and ratified by the City Council in closed session on July 16, 2024. The terms and conditions of the MOU are now submitted for final approval and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, salary schedules increase as follows:

Accountant/Auditor 13.24%
Accounting Assistant 2.71%
Admin Services Technician 2.71%
Administrative Assistant 2.71%
Building Maint. Craftsworker 0.60%
Building Maint. Supervisor 0.60%
Building Maintenance Worker 0.60%
Cemetery Maintenance Worker 0.83%
Community Service Officer 4.57%
Custodian 14.09%
Electrician 4.83%
Executive Assistant I 2.71%
Facilities Maint. Coordinator 0.60%
Facility Attendant 3.89%
Greenbelt Coordinator 0.83%
Harbor Maint. Craftsworker 0.60%
Harbor Maintenance Leadworker 0.60%
Historic Fac. Sr. Craftsworker 0.60%
Hvac Senior Technician 0.60%
Information Tech Specialist 0.07%
Legal Secretary 2.71%
Park Attendant 0.83%
Park Maintenance Craftsworker 0.83%
Park Maintenance Leadworker 0.83%
Park Maintenance Supervisor 0.83%
Park Maintenance Worker 0.83%
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 2, Packet Page 173 №10/24
Parking Maintenance Leadworker 0.60%
Parking Maintenance Supervisor 0.60%
Parking Maintenance Worker 0.60%
Parking Services Coordinator 0.60%
Parking Services Representative 0.60%
Parking Services Specialist 0.60%
Parts Clerk 0.60%
Police Records/Detention Supervisor 4.57%
Police Services Assistant 2.71%
Police Services Technician 4.57%
Senior Craftsworker 0.60%
Senior Custodian 9.05%
Senior Facility Attendant 3.89%
Senior Information Tech Specia 0.07%
Senior Locksmith 0.60%
Senior Park Maintenance Worker 0.83%
Senior Parts Clerk 0.60%
Senior Street Maint. Worker 1.56%
Sign Craftsworker 0.60%
Sr. Police Services Technician 4.57%
Street & Utilities Supervisor 10.77%
Street Maintenance Leadworker 1.56%
Street Maintenance Worker 1.56%
 4% salary increase for all members effective July 1, 2024  4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Uniform Allowance increased to $90-$130 per month
 Shoe Reimbursement increased to $250 per fiscal year
 Standby Compensation increased to $50/weekday and $100/weekend or holiday  Tuition Reimbursement increased to $2,000 per fiscal year  Health Insurance remains status quo
BN/gr
Attachments: 1. Resolution

2. Exhibit A – GEM MOU 7/1/24 – 6/30/2027
e: Christine Davi, City Attorney
Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 3, Packet Page 174 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

MONTEREY AND THE GENERAL EMPLOYEES OF MONTEREY (GEM) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2027
WHEREAS, the City of Monterey negotiated a new Memorandum of Understanding with the General Employees of Monterey (GEM)
WHEREAS, the terms of the Memorandum of Understanding with the General Employees of Monterey (GEM) are attached and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective either July 1, 2024, and as soon as administratively possible, the pay rates for identified classifications shall be increased as follows:

Accountant/Auditor 13.24%
Accounting Assistant 2.71%
Admin Services Technician 2.71%
Administrative Assistant 2.71%
Building Maint. Craftsworker 0.60%
Building Maint. Supervisor 0.60%
Building Maintenance Worker 0.60%
Cemetery Maintenance Worker 0.83%
Community Service Officer 4.57%
Custodian 14.09%
Electrician 4.83%
Executive Assistant I 2.71%
Facilities Maint. Coordinator 0.60%
Facility Attendant 3.89%
Greenbelt Coordinator 0.83%
Harbor Maint. Craftsworker 0.60%
Harbor Maintenance Leadworker 0.60%
Historic Fac. Sr. Craftsworker 0.60%
Hvac Senior Technician 0.60%
Information Tech Specialist 0.07%
Legal Secretary 2.71%
Park Attendant 0.83%
Park Maintenance Craftsworker 0.83%
Park Maintenance Leadworker 0.83%
Park Maintenance Supervisor 0.83%
Park Maintenance Worker 0.83%
Parking Maintenance Leadworker 0.60%
Parking Maintenance Supervisor 0.60%
Parking Maintenance Worker 0.60%
Parking Services Coordinator 0.60%
Parking Services Representative 0.60%
Parking Services Specialist 0.60%
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 4, Packet Page 175 Parts Clerk 0.60%
Police Records/Detention Supervisor 4.57%
Police Services Assistant 2.71%
Police Services Technician 4.57%
Senior Craftsworker 0.60%
Senior Custodian 9.05%
Senior Facility Attendant 3.89%
Senior Information Tech Specia 0.07%
Senior Locksmith 0.60%
Senior Park Maintenance Worker 0.83%
Senior Parts Clerk 0.60%
Senior Street Maint. Worker 1.56%
Sign Craftsworker 0.60%
Sr. Police Services Technician 4.57%
Street & Utilities Supervisor 10.77%
Street Maintenance Leadworker 1.56%
Street Maintenance Worker 1.56%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for all GEM employees shall be increased by four percent (4.0%).
 4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Uniform Allowance increased to $90-$130 per month
 Shoe Reimbursement increased to $250 per fiscal year
 Standby Compensation increased to $50/weekday and $100/weekend or holiday  Tuition Reimbursement increased to $2,000 per fiscal year  Health Insurance remains status quo
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 5, Packet Page 176

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Manager is hereby authorized to sign the Memorandum of Understanding (Exhibit A).

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
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MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

GENERAL EMPLOYEES OF MONTEREY (GEM) /

LABORERS INTERNATIONAL UNION OF NORTH AMERICA (LIUNA) / UNITED PUBLIC EMPLOYEES OF CALIFORNIA (UPEC), LOCAL 792,

AFL-CIO
July 1, 2024 through June 30, 2027
Exhibit A
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Table of Contents
SECTION 1 RECOGNITION AND IMPLEMENTATION.............................................................................4 SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING .....................................4 SECTION 3 SALARY .................................................................................................................................5 SECTION 4 LONGEVITY PAY...................................................................................................................6 SECTION 5 STEP ADVANCEMENTS .......................................................................................................7 SECTION 6 INSURANCE PLAN................................................................................................................7 SECTION 7 RETIREMENT.......................................................................................................................10 SECTION 8 BENEFITS DURING WORKERS COMPENSATION AND SHORT TERM DISABILITY PLAN ....................................................................................................................................12 SECTION 9 UNIFORM ALLOWANCE.....................................................................................................13 SECTION 10 SHOE REIMBURSEMENT ...................................................................................................13 SECTION 11 TOOL ALLOWANCE............................................................................................................15 SECTION 12 AUTOMOBILE ALLOWANCE .............................................................................................15 SECTION 13 STAND-BY AND COMPENSATION ....................................................................................15 SECTION 14 CALL BACK .........................................................................................................................16 SECTION 15 COMPENSATORY TIME OFF .............................................................................................16 SECTION 16 HOLIDAY TIME ....................................................................................................................16 SECTION 17 OVERTIME ...........................................................................................................................17 SECTION 18 FLOATING HOLIDAY ..........................................................................................................17 SECTION 19 NIGHT SHIFT DIFFERENTIAL ............................................................................................18 SECTION 20 SWEEPER OPERATOR DIFFERENTIAL............................................................................18 SECTION 21 DIVE DIFFERENTIAL...........................................................................................................18 SECTION 22 AUTOMOTIVE SERVICE EXCELLENCE CERTIFICATION AND CONTRACTORS LICENSE INCENTIVE PAY..................................................................................................18 SECTION 23 BILINGUAL PROGRAM AND COMPENSATION ...............................................................19 SECTION 24 EDUCATION INCENTIVE PLAN..........................................................................................21 SECTION 25 TUITION REIMBURSEMENT...............................................................................................21 SECTION 26 MINIMUM LEAVE EVENTS .................................................................................................21 SECTION 27 VACATION SCHEDULE AND MAXIMUM ACCRUAL ........................................................21 SECTION 28 VOLUNTARY UNPAID LEAVE............................................................................................22 SECTION 29 SICK LEAVE ........................................................................................................................23 SECTION 30 MATERNITY AND PARENTAL LEAVE...............................................................................24 SECTION 31 BEREAVEMENT LEAVE .....................................................................................................25 SECTION 32 PROBATION PERIOD DURATION......................................................................................25 SECTION 33 RECLASSIFICATION...........................................................................................................25 SECTION 34 EMPLOYEE ASSISTANCE PROGRAM ..............................................................................26 SECTION 35 DRUG AND ALCOHOL TESTING .......................................................................................26 SECTION 36 WELLNESS PROGRAM ......................................................................................................28 SECTION 37 FITNESS ACTIVITY PLAN...................................................................................................28 Exhibit A
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SECTION 38 BICYCLE COMMUTER PROGRAM ....................................................................................29 SECTION 39 BARGAINING UNIT STATUS FOR POSITION CLASSIFICATION(S) – NOTICE PROCEDURE .......................................................................................................................29 SECTION 40 CITY EMAIL..........................................................................................................................30 SECTION 41 PERIODIC MEETINGS.........................................................................................................30 SECTION 42 BENEFITS COMMITTEE......................................................................................................30 SECTION 43 PERSONNEL RULES AND REGULATIONS ......................................................................31 SECTION 44 FLEXIBLE AND REMOTE SCHEDULING...........................................................................31 SECTION 45 MEDICARE OPTION ............................................................................................................31 SECTION 46 DEFERRED COMPENSATION............................................................................................31 SECTION 47 RETIREMENT HEALTH SAVINGS PLAN ...........................................................................32 SECTION 48 WORKING OUT OF CLASS ................................................................................................32 SECTION 49 GROUP LEGAL SERVICES ................................................................................................32 SECTION 50 ALTERNATE STAFFING – ENGINEERING CLASSIFICATIONS.......................................32 SECTION 51 CITY CEMETERY SERVICES..............................................................................................32 SECTION 52 ALTERNATIVE DISPUTE RESOLUTION PROCEDURE....................................................33 SECTION 53 USE OF VOLUNTEERS.......................................................................................................33 SECTION 54 CITY RECREATION PROGRAM FEES...............................................................................33 SECTION 55 MINIMUM SHIFT CHANGE NOTIFICATION FOR NON-EMERGENCY SITUATIONS.......33 SECTION 56 PROVISIONS OF LAW ........................................................................................................33 SECTION 57 BARGAINING UNIT MODIFICATION ..................................................................................33 SECTION 58 CONTRACTING OUT...........................................................................................................34 SECTION 59 FULL UNDERSTANDING, MODIFICATION AND WAIVER................................................34 Exhibit A
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MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

GENERAL EMPLOYEES OF MONTEREY (GEM) /

LABORERS INTERNATIONAL UNION OF NORTH AMERICA (LIUNA) / UNITED PUBLIC EMPLOYEES OF CALIFORNIA (UPEC), LOCAL 792, AFL-CIO July 1, 2024 through June 30, 2027
This Memorandum of Understanding is entered into pursuant to the Meyers-MiliasBrown Act (Government Code Sections 3500-3510) and the Employer-Employee Relations Resolution of the City of Monterey and is made by and between authorized representatives of the City of Monterey (hereinafter referred to as "City"), and the General Employees of Monterey (hereinafter referred to as "Union").

SECTION 1 RECOGNITION AND IMPLEMENTATION

1.1. The City hereby recognizes the Union as the exclusive bargaining agent for all employees within the bargaining unit.

1.2. This Memorandum of Understanding (MOU) constitutes a mutual recommendation to be jointly submitted to the City Council. It is agreed that this Memorandum of Understanding shall not be binding upon the parties either in whole or in part unless and until ratified by the Union’s membership, and unless and until the City Council acts, by a four-fifths (4/5) vote, to formally approve this Memorandum of Understanding. It is understood by the parties that the City Council must, as a part of the implementation, appropriate the necessary funds required to implement the provisions of this Memorandum of Understanding which require funding; and take any other action required.

SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING

2.1. This Memorandum of Understanding shall be effective on July 1, 2024 and shall remain in full force and effect through June 30, 2027. It is understood and agreed that the terms, conditions, wages, and all provisions of this Memorandum of Understanding shall continue in effect after June 30, 2027 until a new Memorandum of Understanding is negotiated and subsequently ratified by the Union and the City Council, or until this Memorandum of Understanding is superseded by action of the City Council.

Exhibit A
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SECTION 3 SALARY

3.1. Salary Adjustments

3.1.1. For 2024-2025 fiscal year:
a. Effective July 1, 2024, and as soon as administratively possible, the pay rates for identified classifications shall be increased as follows:

Title Wage Study
Increase
Accountant/Auditor 13.24%
Accounting Assistant 2.71%
Admin Services Technician 2.71%
Administrative Assistant 2.71%
Building Maintenance Craftsworker 0.60%
Building Maintenance Supervisor 0.60%
Building Maintenance Worker 0.60%
Cemetery Maintenance Worker 0.83%
Community Service Officer 4.57%
Custodian 14.09%
Electrician 4.83%
Executive Assistant I 2.71%
Facilities Maintenance Coordinator 0.60%
Facility Attendant 3.89%
Greenbelt Coordinator 0.83%
Harbor Maintenance Craftsworker 0.60%
Harbor Maintenance Leadworker 0.60%
Historic Fac. Sr. Craftsworker 0.60%
HVAC Senior Technician 0.60%
Information Tech Specialist 0.07%
Legal Secretary 2.71%
Park Attendant 0.83%
Park Maintenance Craftsworker 0.83%
Park Maintenance Leadworker 0.83%
Park Maintenance Supervisor 0.83%
Park Maintenance Worker 0.83%
Parking Maintenance Leadworker 0.60%
Parking Maintenance Supervisor 0.60%
Parking Maintenance Worker 0.60%
Parking Services Coordinator 0.60%
Parking Services Representative 0.60%
Parking Services Specialist 0.60%
Exhibit A
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Parts Clerk 0.60%
Police Records/Detention Supervisor 4.57%
Police Services Assistant 2.71%
Police Services Technician 4.57%
Senior Craftsworker 0.60%
Senior Custodian 9.05%
Senior Facility Attendant 3.89%
Senior Information Tech Specialist 0.07%
Senior Locksmith 0.60%
Senior Park Maintenance Worker 0.83%
Senior Parts Clerk 0.60%
Senior Street Maintenance Worker 1.56%
Sign Craftsworker 0.60%
Sr. Police Services Technician 4.57%
Street & Utilities Supervisor 10.77%
Street Maintenance Leadworker 1.56%
Street Maintenance Worker 1.56%
b. After the market adjustments identified above, effective July 1, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

3.1.2. For 2025-2026 fiscal year:
a. Effective July 1, 2025, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

3.1.3. For 2026-2027 fiscal year:
a. Effective July 1, 2026, and as soon as administratively possible, the pay rates for employees shall be increased by four percent (4.0%).

SECTION 4 LONGEVITY PAY

4.1. Employees hired into City employment on or after December 6, 2016, shall not be eligible for Longevity Pay.

4.2. Employees will receive longevity pay the first full pay period following the anniversary date that meets the following required years of continuous fulltime service:

4.2.1. For those employees hired before December 6, 2016, with at least twenty (20) years of continuous full-time City of Monterey service or more, the City will provide a five percent (5.0%) increase to base pay for longevity pay.

4.2.2. For those employees hired before December 6, 2016, with at least twenty-five (25) years of continuous full-time City of Monterey service or more, the City will provide a total of ten percent (10.0%) Exhibit A
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increase to base pay for longevity.

4.2.3. For those employees hired before December 6, 2016, with at least thirty (30) years of continuous full-time City of Monterey service or more, the City will provide a total of fifteen percent (15.0%) increase to base pay for longevity

4.3. Employees receiving stacked longevity pay in effect at the time of ratification will continue receiving such compounded ten percent (10.0%) and fifteen percent (15.0%) pay. For example, an employee currently receiving longevity for twenty-five (25) years will continue to receive 10.25% and those currently receiving longevity for thirty (30) years will continue to receive 15.763%. If an employee becomes eligible for longevity pay following ratification of this MOU, or additional longevity pay, the flat rates of ten percent (10.0%) and fifteen percent (15.0%) as described above will apply.
.

SECTION 5 STEP ADVANCEMENTS

5.1. Step advancements are merit increases and are not automatic. An employee must perform the duties of the position in a manner satisfactory to the department head to receive a step advancement.

5.2. Eligibility for such step advance shall be upon completion of twelve (12) months satisfactory service in the employee's prior step. An employee's initial placement on the step system shall be determined by Sections 25-5.04 Salary upon Original Appointment or 25-5.06 Salary upon Promotion of the Monterey City Code (Personnel Rules and Regulations).

5.3. Step advancements shall be made on the anniversary date. No advancement shall be made without a performance evaluation with a written recommendation by the department head and approval of the City Manager or designated representative.

SECTION 6 INSURANCE PLAN
The City will make available a Flexible Benefits Plan (Cafeteria Plan) to eligible employees. The following is a brief summary of insurance benefits available as a part of the Flexible Benefits Plan. To the extent that the insurance programs detailed below continue to be available, the City will continue to offer these programs. Employees should refer to the plan documents for a complete description of benefits, coverage and limitations.

Changes may be required from time to time to maintain the integrity of this flexible benefits plan as a lawful IRS Section 125 plan. The City and the Union agree that the City shall have the discretion to make such changes to ensure this plan is eligible for favorable treatment under the Internal Revenue Code. The City may add or remove benefit options to or from this plan during the term of this agreement. Removal of a benefit shall occur only if the benefit is deemed contrary to public law or regulation governing IRS Section 125 Benefit Plans, is no longer available by vendor, or becomes Exhibit A
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insolvent. If, during the term of this Agreement, a change in insurance plans or coverage is necessary, the City shall provide notice thirty (30) days in advance, and, upon request, meet with representatives of the Union. If, during the term of this Agreement, the premium for an insurance plan changes, the City will attempt to provide a thirty (30) day notice in advance of the rate change.

6.1. Eligibility

6.1.1. Regular, Full-Time employees will be eligible to participate in any of the City’s health insurance programs.

6.2. Health Insurance

6.2.1. CalPERS Medical Insurance Contribution
a. The City provides health insurance through California Public Employee’s Retirement System (“CalPERS”). The employee
contribution may vary depending on which plan the employee is enrolled in and in which CalPERS region they reside. The City shall make a nonelective employer contribution to the Flexible Benefits Plan on behalf of each active, full-time employee in an amount which includes the Public Employees’ Medical and Hospital Act (PEMHCA) contribution.
i. At the time of this agreement, the current Health Plan Spending Fund (HPSF) rates are:
• $2,540.00 per month – family coverage
• $2,040.00 per month – employee + 1
• $914.82 per month – employee only
ii. For the plan year effective January 1, 2025, if the CalPERS Gold health plan premiums increase above the City’s current HPSF contribution ($2,540.00 per month/family coverage, $2,040.00 per month/ employee plus one, $914.82 per
month/ employee only), the City shall increase its
contributions towards the premium commensurate with the increase, not to exceed 9.0% (nine percent).
iii. For the plan year effective January 1, 2026, if the CalPERS Gold health plan premiums increase above the City’s 2025 HPSF contributions, the City shall increase its contributions towards the premium commensurate with the increase, not to exceed 9.0% (nine percent).
iv. For the plan year effective January 1, 2027, if the CalPERS Gold health plan premiums increase above the City’s 2026 HPSF contributions, the City shall increase its contributions towards the premium commensurate with the increase, not to exceed 9.0% (nine percent).
b. In 2027, the Association and the City agree to reopen the insurance benefits Section of this agreement to discuss future Exhibit A
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employer and employee contributions.

6.3. Medical Insurance Opt-Out

6.3.1. Employees who opt out of the City-sponsored CalPERS plan for health insurance and provide proof of alternate group medical insurance will be entitled to $300.00 per month. To qualify, an employee must provide proof of alternate group coverage to Human Resources. Alternate coverage must be acceptable by the City and compliant with the Affordable Care Act.

6.4. Retiree Medical Premium

6.4.1. Covered employees who retire under the provisions of the City’s contract with CalPERS are currently eligible to continue CalPERS medical coverage. The City will make the mandatory minimum employer health premium contribution for City retirees participating in the PEMHCA. The mandatory monthly rate is established by CalPERS annually, and is effective on January 1 of each calendar year pursuant to Government Code Section 22892.

6.5. Cafeteria Plan and Optional Benefits

6.5.1. In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees.

Employees may elect to participate in the following three (3) Section 125 programs offered by the City:
• Premium Conversion;
• Dependent Care (IRS contribution limits apply); and
• Flexible Spending Account (IRS contribution limits apply).

6.5.2. Each of these programs will be administered in accordance with the IRS Code.

6.5.3. Consistent with applicable laws and regulations, each employee may use their Health Plan Spending Fund for any benefits permitted by law and provided for in the Cafeteria Plan document.

Those benefits include:
• Health insurance in accordance with CalPERS regulations and Federal law;
• Dependent dental coverage;
• Additional life insurance, provided by the City’s insurance carrier, up to the maximum allowed by the City’s carrier; • Dependent Care Assistance Plan (DCAP) Employees will pay any administration fee for this service through payroll deductions; and
• Flexible Spending Account (FSA) Employees will pay any administration fee for this service through payroll deductions.

6.5.4. For each month when the benefit options selected by the employee under this plan exceed the appropriate City contributions (Health Exhibit A
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Plan Spending Fund), that employee shall pay by pre or post-tax payroll deductions the full cost (100%) which exceeds the City’s contributions for that employee.

6.6. Dental/Orthodontia Insurance

6.6.1. The City provides a self-insured dental benefit. As such, the City shall pay the full cost of employee-only dental premiums. The City shall pay the cost for employee dental insurance administered by a third-party administrator up to the annual maximums based on reasonable and customary rates as detailed in the plan description.

Employees are responsible for adhering to the claims process outlined in the dental plan provisions.

6.6.2. The City will provide eligible employee dependents the opportunity to participate in an open enrollment every year. An employee electing coverage for dependent(s) shall pay the full cost for dependent dental premiums rounded up to the nearest dollar.

6.7. Vision Care

6.7.1. The City will provides vision care insurance and pay the full cost of premiums, for employees and dependents. The plan will provide for expenses based on usual and customary rates as incurred up to the annual maximums described in the plan description.

6.8. Life Insurance

6.8.1. The City provides a $20,000.00 Term Life Insurance and Accidental Death and Dismemberment Policy for each employee covered by this Agreement.

6.8.2. Additional Term Life Insurance may be purchased by each employee through payroll deductions in increments of $10,000.00, subject to the City’s life insurance carrier’s coverage limitations.

Only premiums for up to $30,000.00 of employee-purchased term life insurance may be paid on a pre-tax basis. An employee may purchase additional term life insurance up to the lesser of $350,000 or five (5) times their basic annual earnings. The purchase of additional insurance shall be in accordance with payroll deduction procedures established by the Finance Director and the
underwriting requirements of the insurance carrier.

6.8.3. Subject to the conditions of the City’s life insurance carrier, the City shall offer to employees at the time of their retirement or separation the option to convert their life insurance policy (both City-paid and employee-purchased supplemental insurance) to individual coverage at the employees’ expense.

SECTION 7 RETIREMENT

7.1. Classic Members – Tier 1
Exhibit A
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7.1.1. For employees hired prior to January 1, 2013, the City will continue to provide the 2.7% @ fifty-five (55) CalPERS Miscellaneous Members Retirement for each employee covered by this
Agreement. The same 2.7% @ fifty-five (55) will be provided to new employees, subject to CalPERS determination, who were previously employed by the City of Monterey as a full-time employee, or who were employed full-time by another CalPERS (or reciprocal) agency within six (6) months from date of hire by the City of Monterey. This policy is in keeping with the California Public Employees’ Pension Reform Act (“PEPRA”). As of July 1, 2013, the City's contract with CalPERS for the 2.7% @ fifty-five (55) plan contains the following plan amendments:
• Highest twelve (12) consecutive months for purposes of determining final compensation (Section 20042).
• Sick leave credit/conversion to service time (Section 20965). • 1959 Survivor Benefit Level 4(Section 21574). The employer’s cost for this benefit will be paid by the employees through payroll deduction. This amount is set by CalPERS each fiscal year.
• Exclusion of hourly rated employees (Section 20305).
• Military Service Credit (Section 21024).
• Partial Service Retirement (Section 21118).
• Employees Sharing Cost of Additional Benefits (Section 21354.5)

7.1.2. The City shall pay for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and/or contribution credits (rebates) from CalPERS.

7.1.3. Classic employees contribute on a pre-tax basis the eight percent (8.0%) employee contribution amount established by CalPERS.

Effective July 1, 2011, Classic employees contribute on a pre-tax basis a three percent (3.0%) cost share towards the Employer Contribution to CalPERS. The total contribution, which is memorialized by a 2018 contract amendment with CalPERS, is eleven percent (11.0%). The City shall maintain the IRS 414(h)(2) provision allowing employees to defer state and federal Income taxes on their CalPERS contributions.

7.2. PEPRA Members – Tier 2

7.2.1. For employees hired on or after January 1, 2013 who have not been previously employed by the City of Monterey as a full-time employee, or who were employed full-time by another CalPERS (or reciprocal) agency and had a break in service greater than six (6) months from date of hire by the City of Monterey, subject to CalPERS determination, will be placed on a second CalPERS Plan tier. The second tier for these employees is the two percent (2.0%) Exhibit A
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@ sixty-two (62) and contains the same plan amendments as the

2.7% @ fifty-five (55) plan described above, except that PEPRA requires the two percent (2.0%) @ sixty-two (62) retirement formula to be based on a thirty-six (36)-month average of annual pensionable compensation earned (rather than a twelve (12)-month average), and employees on the second tier contribute fifty percent (50%) of the normal cost of the plan as established by CalPERS and are not required to participate in any cost-sharing of the Employers’ Contribution to CalPERS. The City shall maintain the IRS 414(h)(2) provision allowing employees to defer state and federal Income taxes on their CalPERS contributions.

SECTION 8 BENEFITS DURING WORKERS COMPENSATION AND SHORT

TERM DISABILITY PLAN
The City provides workers compensation benefits in accordance with state law and shall provide a Short Term/Long Term Disability Plan. During the term of this Agreement, the City will pay any increase in costs and will retain any savings resulting from a decrease in cost for this plan.

8.1. Maintenance of Benefits

8.1.1. The City will provide the employee on an industrial or non-industrial disability protected leave of absence with benefits for up to a maximum of twelve (12) months per incident in accordance with state and federal law.

8.1.2. Employees out on leave in excess of twelve (12) months will resume benefits in the first month after returning to work in a fulltime status.

8.2. Leave Accrual

8.2.1. Workers’ Compensation
i. If, due to an industrial injury or illness, an employee that is off of work but is in a pay status (on either City leave, or Workers’ Compensation pay) for the majority of the month, leave accruals (sick leave, vacation, and holidays) shall continue for the first six (6) months of the disability.
ii. If, due to an industrial injury or illness, an employee is working modified hours for the majority of the month, leave accruals shall continue at a pro-rated amount in correspondence to the number of hours worked.

8.2.2. Disability
i. If, due to a non-industrial injury or illness, an employee receives disability payments for what constitutes the majority of the month, the employee shall not accrue leave (sick leave, vacation, and holiday).

Exhibit A
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SECTION 9 UNIFORM ALLOWANCE

9.1. Except where noted in Section 9.3, the City will provide and launder uniforms for employees who are required to wear a standard uniform.

9.2. In those divisions where uniforms are provided and laundered, eleven (11) uniforms will be made available to each employee.

9.3. The following employees who are required to wear a standard uniform shall receive an allowance of as follows:
• Community Services Officer – $130.00 per month
• Fire Inspector I – $90.00 per month
• Fire Inspector II – $90.00 per month
• Police Records / Detention Supervisor – $130.00 per month • Police Services Technician – $130.00 per month
• Senior Police Services Technician – $130.00 per month SECTION 10 SHOE REIMBURSEMENT

10.1. All full-time employees required to wear safety shoes as a condition of employment shall, at the employee's request, receive up to $250.00 per fiscal year in reimbursement for the purchase or repair of safety shoes (so long as after the repair the shoes continue to meet the California Division of Occupational Safety and Health (OSHA) requirements for safety).

10.2. The City may authorize direct bill payment for shoes required at a vendor of the City’s choice. The employee may continue with the current reimbursement method or utilize the direct billing method. If the employee purchases shoes for an amount (including tax) greater than the annual limits described in this section, the employee shall pay the difference to the vendor at the time of purchase.

10.3. The following classifications are eligible to receive shoe reimbursement:

10.3.1. Building Maintenance
• Building Maintenance Craftsworker
• Building Maintenance Supervisor
• Building Maintenance Worker
• Custodian
• Facilities Maintenance Coordinator
• HVAC Senior Technician
• Senior Custodian
• Senior Craftsworker
• Senior Locksmith
• Senior Parts Clerk

10.3.2. Building and Safety
• Building Technician
Exhibit A
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• Inspector
• Senior Building Inspector
• Code Compliance Officer

10.3.3. Engineering
• Environmental Regulations Analyst
• Engineering Technician
• Engineering Assistant II
• Engineering Assistant I
• Public Works Inspector
• Senior Public Works Inspector

10.3.4. Fire
• Fire Inspector II
• Fire Inspector I

10.3.5. Harbor
• Harbor Coordinator
• Harbor Maintenance Craftsworker
• Harbor Security Worker

10.3.6. Mechanical
• Automotive Mechanic
• Lead Mechanic
• Parts Clerk

10.3.7. Parking
• Parking Maintenance Worker
• Parking Maintenance Leadworker

10.3.8. Streets
• Senior Street Maintenance Worker
• Sign Craftsworker
• Street Maintenance Leadworker
• Street Maintenance Worker
• Street and Utilities Supervisor

10.3.9. Parks and Recreation
• Assistant Urban Forester
• Cemetery Maintenance Worker
• Cemetery Coordinator
• Greenbelt Coordinator
• Park Attendant
• Park Maintenance Craftsworker
• Park Maintenance Leadworker
Exhibit A
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• Park Maintenance Supervisor
• Park Maintenance Worker
• Parks Maintenance Crafts Lead Worker
• Senior Park Maintenance Worker
• Urban Forester
SECTION 11 TOOL ALLOWANCE
Full-time employees in the classifications of Lead Mechanic and Automotive Mechanic, who are required to provide their own tools, shall receive a tool allowance of $40.00 per month per employee.

SECTION 12 AUTOMOBILE ALLOWANCE
The following classification receive an automobile allowance of $66.38 per month:
• Recreation Coordinator
• Recreation Supervisor
SECTION 13 STAND-BY AND COMPENSATION

13.1. Employees shall be paid $50.00 per twenty-four (24)-hour period during a weekday, or portion thereof, and $100.00 per twenty-four (24)-hour period during a weekend day or official holiday, or portion thereof, when assigned to stand-by in accordance with established departmental procedures.

13.2. Stand-by shall be defined as that circumstance which requires an employee who is not on duty and assigned by the department to:
• Be ready to respond immediately to a call for service; • Be readily available at all hours by telephone or other agreed upon communication equipment; and
• Refrain from activities which might impair their ability to perform their assigned duties when called upon.

13.3. Where an employee is on stand-by and called out to respond, the employee shall receive a minimum of two (2) hours compensation at time-and-one-half regular rate of pay, or compensation for hours worked (including Fair Labor Standards Act (FLSA) overtime, whichever is greater.)

13.4. The City will compensate those employees on stand-by for actual time worked or a minimum of $10.00 per incident, whichever is greater, if required to respond to calls but not required to report to work, for incident notifications received between the hours of 11:00 p.m. and 6:00 a.m. Incident, for purposes of this section, shall be defined as those calls initiating service, and to exclude follow-up calls relating to the initial service call.

13.5. Those employees who are on standby and are called to respond to duty, shall follow division procedure to provide notification when the employee leaves the designated work site following completion of the called-out duty request.

Exhibit A
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After thirty (30) minutes have expired following completion of the called out duty request, if the employee receives a new call to respond to duty while on standby, that employee shall receive a new two-hour minimum compensation for such call.

SECTION 14 CALL BACK

14.1. Those employees who are called back to work on a day off or after having completed the normal shift, and after having left the work site, for emergencies shall receive a minimum of two (2) hours compensation at timeand-one-half base pay or compensation for hours worked (including eligible FLSA overtime), whichever is greater, when called back to respond to such an emergency. Employees may be assigned to a roll down call back list and shall not be subject to the stand-by provisions and requirements of Section

13. Roll down call back lists are composed of employees who may be called during an emergency and are called in sequence until a person whose name is on the list is contacted and able to respond in a timely manner.

SECTION 15 COMPENSATORY TIME OFF

15.1. Employees who earn overtime may, at the option of the employee, elect to be paid cash or accrue compensatory time off (“CTO”) except as stated below.

Compensatory time-off may be accrued to a maximum of forty (40) hours.

During the month of November each year, except as stated below, the compensatory time off balance as of October 31 for each employee will be paid off at the employee’s prevailing rate in October and the balance reduced to zero. Compensatory time off will be scheduled in the same manner as vacation time.

15.2. On October 31 of each year, employees may either receive pay for unused CTO or maintain unused CTO as CTO leave, in accordance with procedures to be developed by the Finance Director. If an employee does not make a selection, the entire CTO balance as of October 31 will be paid. Payments will be made the second payday in November. In no case may an employee maintain more than forty (40) hours of accrued CTO in their leave bank.

SECTION 16 HOLIDAY TIME

16.1. The Holiday schedule for the term of this Agreement will be:
• New Year’s Day
• Martin Luther King, Jr. Birthday
• President’s Day
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
Exhibit A
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• Veteran’s Day
• Thanksgiving Day
• The day after Thanksgiving Day
• The working day immediately preceding Christmas Day
• Christmas Day
• The working day immediately following Christmas Day
• Admission Day

16.2. City Code Section 25-11.06 states: “Employees must be in a paid status the day before and after a holiday in order to be compensated for the holiday.” The parties agree to interpret this to mean that the City will take the average time in paid status the working day before and the working day after a holiday to calculate holiday pay. For example, if an employee is in an unpaid status the working day before a holiday and then works or uses accruals of eight (8) hours the working day after the holiday, the City will provide the employee with four (4) hours of holiday pay for the holiday.

16.3. If an employee is at the 40-hour maximum accrual in a pay period when an additional holiday is accrued, the employee may utilize accrued holiday hours in the same pay period in order to obtain the holiday accrual. Otherwise, the holiday is paid out in accordance with City Code Section 25-12.04(b)(3).

SECTION 17 OVERTIME

17.1. For purposes of determining when overtime compensation is owed under both City Overtime Policy as defined in City Code Section 25-11.05 and the FLSA, only hours actually worked shall be counted. Excluded from this provision is paid time off on City Holidays.

17.2. The intent of this section is to bring the City’s overtime policy into alignment with what is mandated under FLSA. It is not the intent of this section to alter the way in which overtime is assigned.

17.3. The City will monitor and respond to overtime complaints to ensure overtime is assigned and compensated in an appropriate manner. The Union will work cooperatively with the City to ensure the appropriate application of this policy.

SECTION 18 FLOATING HOLIDAY

18.1. The Union's holiday schedule shall include one (1) floating holiday per fiscal year, per employee. The scheduling is at the discretion of the employee subject to approval by their department head.

18.2. The floating holiday may be rolled over to the next fiscal year. In no case shall an employee be allowed to accrue more than forty (40) hours of accrued floating holiday time, and there shall be no cash value for floating holidays.

18.3. If an employee is at the 40-hour maximum accrual, in a pay period when an additional holiday is accrued, the employee may utilize accrued holiday hours Exhibit A
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in the same pay period in order to obtain the holiday accrual. Otherwise, the employee forfeits that floating holiday.

SECTION 19 NIGHT SHIFT DIFFERENTIAL

19.1. An employee who is required and authorized to work a regularly scheduled shift at least part of which falls between 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of $1.00 per hour for each hour worked between 6:00 p.m. and 6:00 a.m. This differential shall not apply to hours worked between 6:00 p.m. and 6:00 a.m. which result from a call-back, stand-by, overtime or mutually agreeable flexible schedules. For payroll reporting purposes, night shift differential will be paid in that pay period where the sum of previously worked qualified time equals at least one (1) hour.

19.2. For employees working in the police department who are routinely and consistently are scheduled to work other than a standard “daytime” shift, e.g. graveyard shift, shall receive a shift differential for $2.00 per hour. Shift differentials for 18.1 and 18.2 are not cumulative.

SECTION 20 SWEEPER OPERATOR DIFFERENTIAL
An employee who is required and authorized to perform the duties of sweeping paved parking surfaces, including sweeper maintenance, shall be paid a shift differential of $4.00 per hour for each hour worked while performing these duties. This differential shall apply to regular hours and overtime hours.

SECTION 21 DIVE DIFFERENTIAL
An employee who is required and authorized to perform the duties of diving shall be paid a shift differential of $20.00 per hour for each hour worked while performing these duties. This differential shall apply to regular hours and overtime hours.

SECTION 22 AUTOMOTIVE SERVICE EXCELLENCE CERTIFICATION AND

CONTRACTORS LICENSE INCENTIVE PAY

22.1. The following Incentive Pays shall be effective based on the demonstration and functioning continuation of the appropriate certifications or licensing.

22.2. Employees in the classifications of Fleet Coordinator, Lead Mechanic, and Automotive Mechanic shall receive one percent (1.0%) incentive pay for each Automotive Service Excellence certification, up to a maximum of five percent (5.0%) total from the list of sixteen (16) certifications listed below:

22.2.1. Automobile and Light Truck Certification Tests
• A1 Engine Repair
• A2 Automatic Transmission/Transaxle
• A3 Manual Drive Train and Axles
Exhibit A
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• A4 Suspension and Steering
• A5 Brakes
• A6 Electrical/Electronic Systems
• A7 Heating and Air Conditioning
• A8 Engine Performance

22.2.2. Medium-Heavy Truck Certification Tests
• T1 Gasoline Engines
• T2 Diesel Engines
• T3 Drive Train
• T4 Brakes
• T5 Suspension & Steering
• T6 Electrical/ Electronic Systems
• T7 Heating, Ventilation & Air Conditioning (HVAC)
• T8 Preventive Maintenance Inspection

22.3. Employees in the classifications of Senior Craftsworker and Building Maintenance Craftsworker shall receive a five percent (5.0%) incentive pay for maintaining an active, or valid but inactive, California Class B General Building Contractors License.

22.4. In order to receive the incentive pay described above, the employee must present proof of the applicable current certification(s) or licensing to the Public Works Administration Division. The incentive pay will begin on the first day of the pay period following the department’s receipt of the proof of certification(s) or licensing. It is the employee’s responsibility to provide an updated certificate or license at the time it is set to expire. Failure to maintain the certification(s) or licensing will result in the loss of incentive pay effective on the first day of the pay period following the date of the certification(s) or licensing expiration that Human Resources has on file.

SECTION 23 BILINGUAL PROGRAM AND COMPENSATION

23.1. The City recognizes that there is merit to having employees who are bilingual.

23.2. The City will provide a $100.00 per month stipend ($1,200.00 per year), for up to ten (10) GEM represented employees who meet the testing criteria for being bilingual in Spanish and available to provide translation services.

23.3. Based on the needs of the Police Department, the Chief of Police may approve bilingual pay for the following eligible classifications: Police Services Technicians; Senior Police Services Technicians, and Police Records/Detention Supervisor. These Police Department specific classifications are not included in maximum allotment contained in Section

20.2 above.

23.4. These employees, if available during their work schedule, may be called upon by other departments on an as needed basis.

Exhibit A
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23.5. When a vacancy arises in the Bilingual Program roster, Human Resources will request that department heads, or their designee, recommend employees who speak Spanish to participate in the program. Nominated employees will undergo a bilingual exam and those employees who receive a passing score will be placed on the eligibility list, which will be used to fill vacancies in the Bilingual Program.

23.6. Examination Process

23.6.1. Human Resources contracts with Language International Testing to conduct an oral exam. The exam is conducted over the phone and is intended to assess the employee’s ability to comprehend and speak a foreign language. Language International Testing will provide the results of the examination, which are valid for three (3) years, to Human Resources for review, selection and placement.

23.7. Selection and Placement

23.7.1. The intent of the bilingual pay program is to diversify the selection and placement of the program participants across our various departments and divisions. Selection of employees to serve in the Bilingual Program is based on several factors, including but not limited to, the score received in the bilingual examination, work location, work schedule, seniority of the employee and ability to respond to a request for translation and interpretation if called upon. Approval is granted by the Human Resources Director.

23.8. Reinstatement

23.8.1. Laid off employees who were participating in the Bilingual Program have reinstatement rights over newly appointed program
participants. If, during the layoff period, a new employee is selected to serve on the Bilingual Program, that new employee may be bumped by a returning program participant. The bumped employee, however, will return to the eligibility list should a future vacancy occur within the three (3)-year period of their exam score. The returning employee will be required to retest if their examination scores are expired. In no event will the number of employees participating in the program exceed the ten (10) GEM employees’ limit.

23.9. Renewal

23.9.1. Bilingual Program participants will serve a three (3)-year term, which coincides with the expiration date of their bilingual examination score. Human Resources will notify participants when their term will expire. However, a request by Human Resources to retest is conditioned on the performance of the bilingual employees during the three (3)-year period, on the translation and interpretation needs of the City, and interest and availability of other qualified employees to provide bilingual services.

Exhibit A
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SECTION 24 EDUCATION INCENTIVE PLAN

24.1. All employees who have completed their initial probationary period are eligible for the City's Education Incentive Premium (“CEIP”) as outlined below and further described in the City's Administrative Policy.

24.2. To qualify for consideration, an employee must have a Baccalaureate or Master's Degree from an accredited college or university.

24.3. For a Baccalaureate, an employee would receive five percent (5.0%) premium pay on base salary and 7.5% premium pay on base salary for a Master's Degree. An employee cannot receive both of these premium pays.

24.4. For classifications that require the equivalent of a Baccalaureate degree or higher, the employee will not be eligible to receive this premium. Further, employees who accept a position which requires the equivalent of a Baccalaureate degree or better, shall cease to be eligible to receive this premium.

24.5. The City shall consider CEIP as part of base pay.

SECTION 25 TUITION REIMBURSEMENT
Subject to prior written approval by the Department Head, employees may be allotted up to $2,000.00 per fiscal year for Tuition Reimbursement. The reimbursement is allowed for costs incurred (including tuition and course textbooks) for job-related seminars, conferences and accredited courses that are taken during off-duty hours.

SECTION 26 MINIMUM LEAVE EVENTS
The minimum leave that can be taken by an employee for all leave events shall be fifteen (15) minutes.

SECTION 27 VACATION SCHEDULE AND MAXIMUM ACCRUAL

27.1. The vacation accrual for regular full-time employees shall be as follows:
• All employees who have been employed continuously for less than five (5) years shall receive eighty (80) hours vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.
• All employees who have been employed continuously for more than five (5) years but less than ten (10) years shall receive one hundred and twenty (120) hours vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.
• All employees who have been employed continuously for more than ten (10) years but less than fifteen (15) years shall receive one hundred and thirty six (136) hours vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.

Exhibit A
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• All employees who have been employed continuously for more than fifteen (15) years but less than twenty (20) years shall receive one hundred and sixty hours (160) vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule. • All employees who have been employed continuously for more than twenty (20) years shall receive one hundred and eighty four (184) hours vacation accrual per year whether assigned to a forty (40) hour work week or other duty schedule.

27.2. Vacation scheduling shall be subject to the current City Rules and Regulations in effect at the time of application:
• The department head and employee shall schedule the times at which vacation leave is to be taken with due consideration being given to the desires of the employee and the operational needs of the department.

Use of vacation leave in less than fifteen (15) minute increments shall not be permitted. Scheduling of vacation shall be in accordance with any established departmental policy and subject to department head approval. The decision of the department head shall be final. • Employees will not accrue vacation in excess of three hundred and twenty (320) hours.
• Vacation accrual based on the employee’s accrual rates shall commence only after an employee has utilized vacation, and accrual banks are below the three hundred and twenty (320) maximum allowed. Employees may cash-out vacation accrual in excess of two hundred and eighty (280) hours once per year, either at the end of the fiscal year or at the end of the calendar year. Vacation accruals may be cashed out upon separation from City employment.

SECTION 28 VOLUNTARY UNPAID LEAVE

28.1. With advance department head approval, an employee, may take up to forty (40) hours of voluntary unpaid leave per calendar year in fifteen (15) minute minimum increments subject to the following findings by the department head:
• It will create no overtime due to the absence of the employee; and • It will create no adverse operational impact on the department or division.

28.2. The following classifications are exempt from this provision: Police Services Technician, Senior Police Services Technician, and Police Records/Detention Supervisor.

28.3. Employees exceeding this amount of unpaid leave may be disciplined for excessive leave of absence. Excluded from discipline are absences certified as protected leave of absence under state or federal law or leave approved as a reasonable accommodation for a disability under state or federal law.

Exhibit A
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SECTION 29 SICK LEAVE
All full-time employees shall be provided paid sick leave as set forth below.

29.1. Sick Leave Accrual

29.1.1. Full-time employees shall accrue sick leave credits at the rate of eight (8) hours per month or major portion thereof.

29.1.2. Employees shall accrue sick leave and be permitted to use such accrued leave upon employment for the permitted uses in Monterey City Code Section 12.02.c.

29.1.3. All full-time employees may accrue sick leave without limitation.

29.2. Sick Leave Usage for Employee and Children (stepchildren, adopted, foster, or wards), Parents (step, foster, guardian, wards or in-laws), Spouse, Domestic Partner, Grandparent, Grandchild, Brother, Sister

29.2.1. Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; or for the care related to the illness or injury of the employee’s child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis), mother, father, spouse or domestic partner registered with the state and submitted to Department of Human Resources.

29.2.2. When utilizing the sick leave benefit, the employee shall notify the immediate supervisor, in accordance with departmental regulations and Monterey City Code Section 25-11.01(b).

29.2.3. Where the period of absence due to illness or injury is not known at the outset, it shall be the responsibility of the employee to remain in contact with the immediate supervisor, on a daily basis if deemed necessary by the supervisor.

29.2.4. Usage of sick leave shall be charged to the employee's balance on an hour-for-hour basis in one-fourth (1/4) hour increments or in accordance with current law.

29.3. Medical/Dental Appointments

29.3.1. Accrued sick leave may, with department head approval, be used for medical and dental appointments of the employee where it is infeasible to schedule them on the employee's own time.

29.4. Sick Leave Abuse

29.4.1. Sick leave abuse shall mean: “Any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary actions.

29.4.2. When the department head has reason to suspect that an Exhibit A
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employee has abused sick leave benefits, the department head may require that employee to file a personal affidavit or furnish medical verification or other substantiation for any such absences.

The department head, at their discretion, may establish methods of verification as deemed appropriate. These means may include, but are not limited to, examination by a physician selected by and paid for by the City. If an employee is required to be examined by a physician selected by the City, the employee will be paid for the time, if off duty, and will be given reimbursement for mileage to attend the examination.

29.4.3. The payment of sick leave may be suspended or curtailed by the City Manager where there is evidence that absences taken on a given day or days are the result of a concerted action on the part of two (2) or more employees which is related to a labor dispute with the City directly, or one in which the City is involved as a third-party.

Sick leave may be restored when proof is provided that the sick leave was taken as provided in these Rules.

29.5. Sick Leave Used as Personal Leave

29.5.1. Up to twenty-four (24) hours of accrued sick leave may be taken as Personal Leave during the calendar year so long as the employee has a minimum of one hundred and sixty (160) hours of accrued sick leave on the books at the time the Personal Leave is taken.

Approval for the use of Personal Leave shall otherwise be subject to the same use rules as vacation, and requires advance Department Head approval.

29.6. Exhaustion of Sick Leave

29.6.1. An employee anticipating exhaustion of sick leave may request advance approval from their department head for the use of discretionary leaves (i.e., vacation, holiday and compensatory time off) in the event of illness or injury, with the department head having discretion to either deny or approve the request. Failure to receive advance approval for use of discretionary leaves following exhaustion of sick leave will result in unpaid unapproved leave for subsequent sick leave, and may subject the employee to discipline.

SECTION 30 MATERNITY AND PARENTAL LEAVE

30.1. Employees are entitled to leaves of absence for maternity, parental bonding, and pregnancy-related disability. All such leaves of absence shall be granted and compensated in accordance with state and federal laws covering these topics, including the Pregnancy Disability Leave, Family Medical Act, California Family Rights Act (“CFRA”) and the Fair Employment and Housing Act.

Exhibit A
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30.2. Employees taking an approved unpaid leave of absence for CFRA eligible baby bonding are entitled to utilize accrued leave, including use of sick leave.

SECTION 31 BEREAVEMENT LEAVE

31.1. Leave Usage for Family Member Death (Bereavement)

31.1.1. All employees may be authorized to use up to eighty (80) hours of accrued leave per calendar year for the death of a family member or close relation. The maximum combined allowable use of leave for the above purposes shall not exceed eighty (80) hours in any calendar year.

31.1.2. For purposes of determining the use of leave for death of a family member, the following definition shall be used: The employee's spouse, principal domestic partner, child, parent, brother, sister, grandparents, parents-in-law, brother-in-law, sister-in-law, son-inlaw, daughter-in-law, step-parents, step-siblings, step-children, step grandparents or grandparents-in-law.

31.1.3. At the department head's discretion, the employee may be required provide evidence that the leave was used for the purposes intended by this section.

SECTION 32 PROBATION PERIOD DURATION
All original appointees to positions in any classification shall serve a continuous probationary period of twelve (12) months. All promotional appointees shall serve a probationary period of six (6) months. Probation shall not apply to employees who are reclassified, re-employed, reinstated, lateral transfers, and demotions. In addition to the extension of probation allowed for extended leave of absence in accordance with City Code, a probation period may be extended by City Manager approval and mutual agreement by GEM for up to six (6) months in order to evaluate performance.

SECTION 33 RECLASSIFICATION
An employee or their representative may request in writing a re-evaluation of their job based on significant permanent changes in job content or significant discrepancies between job content and classification description. The request must be in writing, contain justification and be submitted to the Department Head for review and recommendation. Submittals may be made only on an annual basis during the period of September 10 through October 10. The Human Resources Director or his or her designee will initially respond to such requests within ninety (90) calendar days by notice to the employee and the Union; however, this timeline may be extended if necessary. This notice shall state whether a recommendation will be made to the City Manager and City Council for reclassification. If the employee or Union disagrees with the recommendation, the Union may submit a rebuttal for review. The rebuttal will advance with the HR Director’s recommendation to the City Manager and City Council as soon as administratively possible. The City Council’s decision on reclassification is Exhibit A
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final.

SECTION 34 EMPLOYEE ASSISTANCE PROGRAM
The City shall provide an Employee Assistance Program. The Employee Assistance Program is a confidential service designed to help employees and their household members resolve personal and workplace challenges.

SECTION 35 DRUG AND ALCOHOL TESTING

35.1. Department of Transportation (DOT) Class B Licensing Requirements and Random Drug and Alcohol Testing
a. The parties acknowledge that, consistent with the United States DOT Regulations, all employees required to obtain and maintain a California Department of Motor Vehicles Class B license must participate in a random drug and alcohol testing program.
b. The following conditions shall apply to employees in the classifications of Street Maintenance Leadworker, Senior Street Maintenance Worker, and any employee subsequent to the promulgation of this policy required to operate a vehicle of the City of Monterey exceeding 26,000 lbs. gross weight and/or requiring a State of California Department of Motor Vehicle Class B License:
i. The City will provide formal training on duty time concerning the operation of vehicles of at least 26,001 lbs. This will include “walk around” training.
ii. City Reimbursements:
• The City will pay the difference in fees between a Class B and a Class C license as issued by the California Department of Motor Vehicles. In addition, the City will pay for the DMV test fee to obtain and renew a Class B license.
• The City will pay for the necessary medical examination associated with the employee obtaining and renewing a Class B license. iii. Employee Responsibilities:
• The employee must obtain and maintain a Class B license from the Department of Motor Vehicles of the State of California. • The employee must obtain airbrake or other applicable certification associated with a Class B license from the Department of Motor Vehicles.
• The employee will submit to the DOT drug testing, as outlined in the City of Monterey Drug and Alcohol Policy pursuant to the DOT Regulations.
• All employee study time, required to obtain and maintain a Class B license, shall be off duty.

Exhibit A
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iv. All employees in a designated classification or position with the City of Monterey shall be required to obtain a Class B license. Failing to obtain a Class B license when required as a condition of employment may result in the separation of the employee for failing to meet a basic employment requirement. For employees of the City in one of the classifications listed below as of August 6, 1997, failing to obtain a Class B license for medical and/or testing reasons will not be cause for separation from City employment so long as the employee has demonstrated in the view of the City a good faith effort to meet the requirements of obtaining a Class B license. At the time this Agreement was promulgated, the City classifications that have, as a condition of employment the obtaining and maintenance of a Class B license, are:
• Street Maintenance Leadworker
• Senior Street Maintenance Worker
• Street and Utilities Supervisor
v. Any employee hired into the Lead Mechanic or Automotive Mechanic classifications on or after March 8, 2004 shall also be required to obtain and maintain a California Department of Motor Vehicles Class B license, and must participate in a random drug and alcohol testing program as described in this section. Those employees hired into the Lead Mechanic or Automotive Mechanic classifications prior to March 8, 2004 are not required to obtain or maintain a Class B license, and are not subject to the provisions of this section.
vi. Class B License Pay. Employees who are in positions within classifications designated as requiring Class B license as a condition of employment shall be eligible for a $40.00 per pay period premium pay. Specific positions within a classification that require a Class B license will be determined by the Department Director or designee.

Employees shall not be eligible for this premium pay for any full or portion of a City pay period that the Class B License is suspended and/or expired. Employees not in a City pay status for one (1) full pay period or longer shall not be eligible for this premium pay during the time not in pay status.
vii. The City, as a means of encouraging employee development for promotional opportunities, will pay on behalf of employees voluntarily obtaining a Class B license the difference in the fee between a Class C and a Class B license. Additionally, the City will pay for the necessary medical examination associated with the employee obtaining and renewing a Class B license. This benefit is limited to the employees in the classifications of Street Maintenance Worker, Lead Mechanic, Automotive Mechanic, Green Belt Coordinator, and Sign Crafts Worker.

Exhibit A
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SECTION 36 WELLNESS PROGRAM

36.1. The Union and the City agree that employee health and fitness are important factors in maintaining an optimal work environment. Employees complying with membership requirements shall receive annual, renewable, and nontransferable employee-only passes to the Monterey Sports Center valued at the current rates, and subject to rate increases, in order to implement their personal fitness programs. The details of the program shall be as outlined in Fitness Program.

36.2. Employees may apply the dollar value of the employee-only pass to the Monterey Sports Center towards the purchase of a family pass to this facility.

The employee shall be responsible for the cost differential between the credit value of the employee-only pass and the family pass. During open enrollment, the employee shall be afforded the opportunity to make an election to continue crediting the value of the employee-only pass toward the family pass which shall be irrevocable for the next twelve (12) months.

36.3. Employees electing to receive a family pass under this program shall have a payroll deduction for the cost of maintaining the family pass active from month to month based on the difference between the cost of the family pass and the employee-only pass. Upon separation from the City, the family pass shall be cancelled unless the separated employee elects to maintain the pass under the same conditions available to the general public.

36.4. New hires can enroll in the Fitness Program upon hire, and then during open enrollment thereafter. Employees can cancel enrollment in the Fitness Program during open enrollment.

SECTION 37 FITNESS ACTIVITY PLAN

37.1. All GEM-represented members will be eligible to participate in a Fitness Activity Plan where they work out off-duty (not considered work time for purposes of Workers’ Compensation injury or illness) in exchange for leave time accrued in a fitness bank.

37.1.1. Conditions for Qualifying
a. Employees are required to work out a minimum of 1170 minutes per quarter in order to accrue ten (10) hours of leave. b. A session is considered to be any moderate or higher intensity physical activity lasting a minimum of fifteen (15) minutes. c. Participants will complete a Fitness Activity Log demonstrating completion of each workout, which is based on the honor system.

At the end of each quarter participants will send the Fitness Activity Log to the Human Resources Department for verification of qualifying activities. The ten (10) hours of leave will then be credited to the exercise incentive time bank as soon as practical Exhibit A
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and will be available for immediate use by the employee. d. Each calendar year a maximum of forty (40) hours can be accrued in a separate exercise incentive time bank, with a maximum of eighty (80) hours allowed in the bank. The exercise incentive time bank has no cash value and the time accrued in this bank has no expiration date.
e. Leave time must be coordinated and approved in advance by the employee’s supervisor.
f. Participation is voluntary and for those electing to participate, an annual physical fitness assessment at the Monterey Sports Center, which can be used as a thirty (30) minute workout session is encouraged. Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee.
g. Submitting a Fitness Plan Waiver form to Human Resources is required to participate in this program.

SECTION 38 BICYCLE COMMUTER PROGRAM
A GEM employee who regularly commutes by bicycle between home and work (or the alternatives described in the Bicycle Commuter Program Policy) may be reimbursed up to $20.00 per qualifying month for some of their bicycle commuting expenses.

Submitting a Bicycle Commuter Waiver form to Human Resources is required to begin participation in this program, and completion of the “Bicycle Commuter Certification and Reimbursement Claim Form” must be submitted as outlined in the Program policy to claim reimbursement.

SECTION 39 BARGAINING UNIT STATUS FOR POSITION
CLASSIFICATION(S) – NOTICE PROCEDURE
When a position classification(s) is to be (1) modified, (2) created and assigned to a bargaining unit, (3) deleted, (4) reclassified, or (5) changed from one bargaining unit to another by City action, the following procedure shall apply:

39.1. The Executive Board members and GEM representative of the affected Union(s) shall receive written notice of the proposed action prior to the action being on the Council agenda. Delivery of said notice shall be made via email.

39.2. The notification to the Executive Board members and GEM representative shall include all relevant information including but not limited to, the classification tile, classification description, and the number of positions to be changed, modified, or assigned and a general description of the justification for the proposed change. The City will provide a courtesy notification when administrative changes are made to job descriptions that do not have meet and confer implications.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 35, Packet Page 206 GEM MOU July 1, 2024 – June 30, 2027 Page 30 of 35
10120812.1 MO475-018

39.3. The Union has ten (10) working days to request a meet and confer and identify in writing and submitted to Human Resources the items for discussion that are subject to meet and confer under the Meyers-Milias-Brown Act. The parties must then schedule the first meeting within five (5) working days and complete the meet and confer process within a reasonable period of time. If the parties cannot reach mutual agreement, the parties may proceed any impasse procedures required by City Code or law. The City may implement the action after completing any impasse procedures required by law.

39.4. If GEM does not request to meet and confer within ten (10) days after receiving notice of proposed changes, the City may move forward with Council approval.

39.5. Nothing in this section prevents the parties from mutually agreeing to discuss issues not subject to meet and confer or to mutually waive timelines stated herein by written agreement.

SECTION 40 CITY EMAIL

40.1. All full-time City employees will be provided an email account for City communication purposes. Employees are expected to check email periodically or when advised by their department in order to obtain information regarding City matters.

40.2. The City shall allow GEM limited used of the City’s email system to notify members of bargaining unit meetings, which will be limited to the date, time, and location of the meeting, as well as a general description of the purpose of the meeting. All notices are to be provided to Human Resources for preapproval. Once approved, the City’s email system may be used.

40.3. The City agrees to provide GEM with a complete list of workplace email addresses for all employees in the Bargaining Units it represents.

SECTION 41 PERIODIC MEETINGS
The City agrees to meet on a periodic basis at Union's request to discuss items of common concern. Such meetings shall not include any meet and confer items or in any way open this Memorandum of Understanding.

SECTION 42 BENEFITS COMMITTEE

42.1. The Employee Benefits Committee is an educational committee which meets for the purposes of communicating information and facilitating the ability of employee unions to brief their membership regarding the City's benefit plans.

Two (2) Union representatives shall be appointed to serve on the Employee Benefits Committee.

42.2. Meetings of the Employer Benefits Committee will be held upon the joint concurrence of the City and the Union.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 36, Packet Page 207 GEM MOU July 1, 2024 – June 30, 2027 Page 31 of 35
10120812.1 MO475-018
SECTION 43 PERSONNEL RULES AND REGULATIONS
Personnel Rules and Regulations in effect at the time of ratification of this Agreement shall prevail unless superseded specifically by this Memorandum of Understanding or modified subject to the meet and confer process between the City and the Union. This section does not subject those Personnel Rules and Regulations which would otherwise be excluded from the meet and confer process to any need to meet and confer.

SECTION 44 FLEXIBLE AND REMOTE SCHEDULING

44.1. The City and the Union recognize that the concept of flexible and remote schedules in certain circumstances may benefit and enhance the delivery of City services and operations while affording employees alternative work schedules. The elements of this authority will include the following:
• Where operationally feasible, a department head may authorize flexible schedules on an individual or group basis.
• When a flexible schedule is approved, the City retains the right to return to the former schedule on a temporary or permanent basis.
• Employees may, individually or as a group, make a request for a flexible schedule to their immediate supervisor who shall forward said request with their recommendation to the department head. Such a request should address such items as staffing levels, impacts on services and operational needs. The determination of the department head shall be final, provided that a denial of the request shall be accompanied by a written statement setting forth the specific reason(s) for the denial.

44.2. The Union and the City agree that this description is a basic outline of the flexible and remote schedule authority.

SECTION 45 MEDICARE OPTION

45.1. This section is no longer relevant but is maintained in the Agreement for historical purposes.

45.2. Subject to the provisions of governing law, current employees hired by the City prior to April 1, 1986 will be given the option to be subject to Medicare payroll deductions effective July 1, 2001, or as soon as practical thereafter.

Enrollment in Medicare will be at the employee's option with the employee assuming the cost of the required employee contribution/tax and the City assuming the cost of the employer's contribution/tax.

SECTION 46 DEFERRED COMPENSATION
Effective the pay period following ratification, or as soon as administratively feasible, the City will match up to $75.00 per pay period ($150.00 per month) of an employee's contribution to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The employee's contribution does not need to be an Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 37, Packet Page 208 GEM MOU July 1, 2024 – June 30, 2027 Page 32 of 35
10120812.1 MO475-018
increase from any existing contribution to count towards the amount the City will match.

The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan (s) cannot exceed the maximum permitted by law.

SECTION 47 RETIREMENT HEALTH SAVINGS PLAN
The City agrees to look for a Retiree Health Savings Plan that provides employees the ability to “pre-fund” retiree health premiums and expenses through their own contributions. The City will keep GEM/UPEC informed as to the City’s success in finding a plan that meets with Internal Revenue Service requirements. Since all employees within a bargaining unit may be required to contribute an equal amount, the City agrees to enter into discussion with GEM/UPEC before any such program will be implemented.

SECTION 48 WORKING OUT OF CLASS

48.1. In lieu of the provisions of Section 25-5.11 a.2 of the Monterey City Code the following will apply:

48.2. Work at a higher level, when assigned, must be performed on a continuous basis for a period in excess of three (3) consecutive work weeks in order to be eligible for additional compensation, which will be applied to the excess period of time.

SECTION 49 GROUP LEGAL SERVICES
The City will provide a Group Legal Services Plan for employees represented by GEM through an employee-paid premium. Participation in the program shall be voluntary and consistent with the provider's requirements that the potential pool of participants must include a minimum of two hundred (200) employees.

SECTION 50 ALTERNATE STAFFING
The Alternate Staffing Program allows for the direct advancement of an employee to a superior classification within a series without a change to the total allocated positions in the department. The Alternate Staffing Program is outlined in Attachment A of the MOU.

The creation of future classifications that are eligible for Alternate Staffing will be evaluated through the meet and confer process.

SECTION 51 CITY CEMETERY SERVICES
The survivors of an active employee who passes away (either while active or within thirty (30) days of separation from the City) shall have access to the resident rates at Cemeterio El Encinal for cemetery services for the purpose of interring the employee, provided that the employee has had at least ten (10) years of continuous service with the City in either a full-time or combined full-time/regular part-time capacity.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 38, Packet Page 209 GEM MOU July 1, 2024 – June 30, 2027 Page 33 of 35
10120812.1 MO475-018
SECTION 52 ALTERNATIVE DISPUTE RESOLUTION PROCEDURE
The City and GEM agree to an alternate dispute resolution procedure (grievance and discipline appeals) where GEM may opt for non-binding advisory fact-finding at the appeal step between Department Head and City Manager. The cost of the fact-finder to be paid by GEM. The City Manager will have discretion to implement any or no part of the fact-finder’s recommendation.

SECTION 53 USE OF VOLUNTEERS

53.1. The City of Monterey actively supports volunteerism in City departments and in the community. Volunteers make a positive impact on local government, assist in accomplishing tasks and help support new programs. They provide community outreach and augment the level and type of quality services provided by the City of Monterey.

53.2. When volunteer assignments are created, volunteers shall be used in a manner which assists unit employees and does not displace nor replace unit employees.

SECTION 54 CITY RECREATION PROGRAM FEES
The Resident Rates for City Recreation classes and programs shall be afforded to employees and immediate family household members (spouse, domestic partner and dependent children twenty (20) years of age and younger) of active City employees.

SECTION 55 MINIMUM SHIFT CHANGE NOTIFICATION FOR NONEMERGENCY SITUATIONS The City shall provide a minimum of seventy-two (72)-hour advance notification of any alterations, changes or deviations from an employee’s regularly assigned work shift or work schedule. This notification requirement shall not apply in situations where the City faces unforeseen conditions such as damages to infrastructure caused by storms, rainfall, fires, or other natural disasters. Additionally, this notification requirement shall not apply when the City has to respond to unforeseen situations caused by unscheduled or not noticed events including but not limited to epidemics, riots, and assemblies.

SECTION 56 PROVISIONS OF LAW
This Agreement is subject to all current and future applicable federal and state laws and regulations. If any part or provision of this Agreement is in conflict or inconsistent with such applicable laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulation and the remainder of this Agreement shall not be affected thereby.

SECTION 57 BARGAINING UNIT MODIFICATION
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 39, Packet Page 210 GEM MOU July 1, 2024 – June 30, 2027 Page 34 of 35
10120812.1 MO475-018

57.1. The City recognizes that due to AB1484, the bargaining unit is expanded to include the Regular Part Time employees and Temporary Part Time Seasonal employees in the same job titles as GEM employees.

57.2. The City will comply with AB119.

57.3. GEM and the City understand and agree to meet and confer during the term of this MOU to determine how the MOU applies to these newly included classifications. Prior to this meet and confer, GEM understands that the terms and conditions of the MOU are not applicable to these newly added RPT and PTS classifications.

SECTION 58 CONTRACTING OUT
City agrees to provide sixty (60) days advance notice prior to the contracting out of bargaining unit work.

SECTION 59 FULL UNDERSTANDING, MODIFICATION AND WAIVER

59.1. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained herein are hereby superseded or terminated in their entirety. No other understandings or agreements are encompassed in this Agreement. Existing benefits, rights and privileges, within the scope of representation, not changed herein shall remain in full force. It is not the intent of this section to bar, during the term of this Agreement, meeting and conferring between the City and the Union on new issues that arise within the scope of representation. Nor is it the intent of this section to abridge any rights outlined in City Code Sections 25-16.03 through 25-16.05.

59.2. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily without qualification waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein.

59.3. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by both parties.

59.4. Nothing herein shall limit the authority of the City to make necessary and reasonable changes during emergencies. Emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war. However, the City shall notify the Association of such changes as soon as practicable.

Such emergency assignments shall not extend beyond the period of the Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 40, Packet Page 211 GEM MOU July 1, 2024 – June 30, 2027 Page 35 of 35
10120812.1 MO475-018
emergency.

59.5. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

The parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted below.

CITY OF MONTEREY: GENERAL EMPLOYEES OF MONTEREY:

Dated: ________________________ Dated: _________________________ ________________________________ _______________________________ Hans Uslar, City Manager Ryan Heron, Labor Relations, UPEC

Dated: __________________________ Dated: __________________________ _________________________________ ______________________________ Brette Neal, HR Director Shay Balesteri, GEM Chair
Dated: __________________________
_________________________________
Rafaela King, Finance Director
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 41, Packet Page 212

ATTACHMENT A

ALTERNATE STAFFING
Definition:

The Alternate Staffing Program allows for the direct advancement of an employee to a superior classification within a series without a change to the total allocated positions in the department. The eligible classifications are listed below:

Class Code Class
256
018
364
343
090
Senior Engineer
Associate Civil Engineer
Engineering Assistant II
Engineering Assistant I
Engineering Technician
251
097
Senior Associate Planner
Associate Planner
Procedure:

Subject to the advance approval of the City Manager, or their designee, Department Heads may appoint an employee from a subordinate classification to a superior classification as defined above provided the following conditions are met:

1. The superior classification is authorized in the Department's budget and position allocation list.

2. After the employee is appointed to the superior classification there is not a net gain in the number of personnel assigned to the Department.

3. The employee must have completed their original probation as defined in Monterey City Code Section 25-10.0.a.1.

4. The preponderance of the employee's current duties must be those of the superior classification and constitute a continuing and ongoing level of responsibilities.

5. The employee must meet the minimum qualifications of the superior classification and any requirements of applicable State and/or Federal law. Such determination shall be the responsibility of the Department Head and the Human Resources Director.

6. The employee's performance must be evaluated against written performance standards developed by the Department Head and Human Resources Department prior to advancement to the higher class. These standards must specify the duties to be performed, the quality of the performance and level of productivity.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 42, Packet Page 213

ATTACHMENT A

7. There is a demonstrated need acknowledged by the City Manager or their designee, that the higher-level skills of the superior classification are necessary to the City.

8. Subject to City Manager approval or that of their designee, employees may be hired into a classification at any level at or below the Council authorized classification depending upon experience of the candidate, the best interest of the City in competing with the labor market and the type of work to be performed.

9. Some positions within the classifications may remain at a lower level than authorized. This may occur as a result:

9.1. Of the inability of the employee to learn and perform the higher level duties or the needs of the City.

9.2. The City’s workload, which may not require the skills of the more advanced levels.

Employees advanced under this section shall serve a probationary period as defined in Monterey City Code Section 25-10.02 herein. The City retains its options for corrective action, including, but not limited to training, reassignment or other actions as authorized under the City’s Personnel Rules and Regulations.

Criteria for Progression:

The progression of an employee through the various classifications identified under "definition" will be in accordance with the standards established by the Department Head in conjunction with the Human Resources Director and must adhere to the minimum qualifications of the classification specifications.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 9., Item Page 43, Packet Page 214 Council
Agenda Report
FROM: Brette Neal, Human Resources Director
Prepared By: Gina Russo, Assistant Human Resources Director SUBJECT: Approve the Memorandum of Understanding between the City of Monterey and the Management Employees’ Association (MEA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

It is recommended that the City Council adopt a resolution approving the Memorandum of Understanding (MOU) between the City of Monterey and the Management Employees’ Association (MEA) for the period of July 1, 2024, through June 30, 2027.

VALUE DRIVERS:

Provide sufficient resources and support to develop, retain, and recruit a high-quality city workforce.

POLICY IMPLICATIONS:

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS:

The increase in cost over the 2023-24 base fiscal year is:
 For FY 24-25 is $347.177.08
 For FY 25-26 is $361,064.16
 For FY 26-27 is $375,506.73
The cost for FY 24-25 has been included in the budget adopted at the June 4, 2024 council meeting. Amounts for subsequent fiscal years will be included in the corresponding budget years.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 1, Packet Page 215 №10/24
on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives to reaching a successor agreement were considered. The Management Employees’ Association members and City of Monterey staff contributed to the development of the MOU as presented.

DISCUSSION:

As a result of meeting and conferring in good faith, the City of Monterey and the Monterey Employee Association (MEA) reached an agreement on a successor MOU. This agreement was ratified by MEA on June 13, 2024 and ratified by the City Council in closed session on June 18, 2024. The terms and conditions of the MOU are now submitted for final approval and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, salary schedules increase as follows:
o Assistant City Attorney 4.16%
o Associate Civil Engineer 1.64%
o Chief Information Officer 1.90%
o Communications Manager 0.32%
o Housing Manager 8.48%
o Planning Manager 3.65%
o Principal Planner 3.65%
o Risk Manager 3.97%
o Sustainability Manager 9.86%
 4% salary increase for all members effective July 1, 2024  4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Management Leave increased to 80 hours per calendar year o Forty (40) hours will be added on July 1, 2024
 Tuition Reimbursement increased to $2,000 per fiscal year  Health Insurance remains status quo
BN/gr
Attachments: 1. Resolution

2. Exhibit A – MEA MOU 7/1/24 – 6/30/2027
e: Christine Davi, City Attorney
Rafaela King, Finance Director
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 2, Packet Page 216 №10/24
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 3, Packet Page 217 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MONTEREY AND THE MANAGEMENT EMPLOYEES’ ASSOCIATION (MEA) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2027
WHEREAS, the City of Monterey negotiated a new Memorandum of Understanding with the Management Employees’ Association (MEA):

WHEREAS, the terms of the Memorandum of Understanding with the Management Employees’ Association (MEA) are attached and include the following:
 Three-year term: July 1, 2024 to June 30, 2027
 Effective July 1, 2024, and as soon as administratively possible, the pay rates for identified classifications shall be increased as follows:
o Assistant City Attorney 4.16%
o Associate Civil Engineer 1.64%
o Chief Information Officer 1.90%
o Communications Manager 0.32%
o Housing Manager 8.48%
o Planning Manager 3.65%
o Principal Planner 3.65%
o Risk Manager 3.97%
o Sustainability Manager 9.86%
 After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for all MEA employees shall be increased by four percent (4.0%).
 4% salary increase for all members effective July 1, 2025  4% salary increase for all members effective July 1, 2026  Deferred Compensation match increases to $150 per month  Management Leave increased to 80 hours per calendar year o Forty (40) hours will be added on July 1, 2024
 Tuition Reimbursement increased to $2,000 per fiscal year  Health Insurance remains status quo
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 4, Packet Page 218 change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Manager is hereby authorized to sign the Memorandum of Understanding (Exhibit A).

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 5, Packet Page 219 MEA MOU July 1, 2024 – June 30, 2027 Page 1 of 21

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MANAGEMENT EMPLOYEES' ASSOCIATION
July 1, 2024 through June 30, 2027
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 6, Packet Page 220 MEA MOU July 1, 2024 – June 30, 2027 Page 2 of 21
Table of Contents
SECTION 1 IMPLEMENTATION................................................................................................... 4 SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING......... 4 SECTION 3 SALARY........................................................................................................................ 4 SECTION 4 WAGE STUDY............................................................................................................ 5 SECTION 5 DEFERRED COMPENSATION – MATCH PROGRAM................................. 5 SECTION 6 RETIREMENT HEALTH SAVINGS PLAN......................................................... 5 SECTION 7 MANAGEMENT COMPENSATION PAY.......................................................... 6 SECTION 8 LONGEVITY PAY..................................................................................................... 6 SECTION 9 VACATION SCHEDULE AND MAXIMUM ACCRUAL................................. 7 SECTION 10 MANAGEMENT LEAVE......................................................................................... 7 SECTION 11 BEREAVEMENT LEAVE....................................................................................... 8 SECTION 12 SICK LEAVE.............................................................................................................. 8 SECTION 13 INSURANCE PLAN ...............................................................................................10 SECTION 14 RETIREMENT..........................................................................................................13 SECTION 15 BENEFITS DURING WORKERS COMPENSATION LEAVE AND SHORT TERM / LONG TERM DISABILITY PLAN ...................................................................15 SECTION 16 GROUP LEGAL......................................................................................................15 SECTION 17 WORKING OUT OF CLASS PAY.....................................................................16 SECTION 18 SPECIAL ASSIGNMENT PAY...........................................................................16 Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 7, Packet Page 221 MEA MOU July 1, 2024 – June 30, 2027 Page 3 of 21
SECTION 19 HOLIDAY TIME.......................................................................................................16 SECTION 20 FLOATING HOLIDAY...........................................................................................16 SECTION 21 MINIMUM LEAVE EVENTS................................................................................17 SECTION 22 VOLUNTARY UNPAID LEAVE .........................................................................17 SECTION 23 TUITION REIMBURSEMENT PROGRAM .....................................................17 SECTION 24 WELLNESS PROGRAM......................................................................................17 SECTION 25 FITNESS ACTIVITY PLAN..................................................................................18 SECTION 26 EMPLOYEE PARKING.........................................................................................19 SECTION 27 ALTERNATE STAFFING.....................................................................................19 SECTION 28 CITY RECREATION PROGRAM FEES........................................................19 SECTION 29 REQUEST FOR CLASSIFICATION AND SALARY REVIEW..................19 SECTION 30 PROVISIONS OF LAW.........................................................................................20 SECTION 31 FULL UNDERSTANDING, MODIFICATION AND WAIVER ....................20 Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 8, Packet Page 222 MEA MOU July 1, 2024 – June 30, 2027 Page 4 of 21

MEMORANDUM OF UNDERSTANDING
between the

CITY OF MONTEREY
and the

MANAGEMENT EMPLOYEES' ASSOCIATION
July 1, 2024 through June 30, 2027
This Memorandum of Understanding (MOU or Agreement) is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3510) and the Employer-Employee Relations Resolution of the City of Monterey and is made by and between authorized representatives of the City of Monterey (hereinafter referred to as "City"), and the Management Employees' Association (hereinafter referred to as "Association” or “MEA").

SECTION 1 IMPLEMENTATION
It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless and until ratified by the Association's membership, and by the City Council by a four-fifths (4/5) vote.

SECTION 2 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING This MOU is effective on July 1, 2024 and shall remain in full force and effective through June 30, 2027. The terms, conditions, wages and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the Association and the City Council, or until this MOU is superseded in accordance with City Code Section 25-16.12 (e) (Impasse Procedure), as may be amended, or until the Association dissolves pursuant to City Code Section 15-16.10 (Decertification of Recognized Employee Organizations), as may be amended.

SECTION 3 SALARY

3.1. For 2024-2025 fiscal year:

3.1.1. Effective July 1, 2024, and as soon as administratively possible, the pay rates for the below identified classifications shall be increased as follows:

CLASSIFICATION WAGE STUDY INCREASE
ASSISTANT CITY ATTORNEY 4.16%
ASSOCIATE CIVIL ENGINEER 1.64%
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 9, Packet Page 223 MEA MOU July 1, 2024 – June 30, 2027 Page 5 of 21
CHIEF INFORMATION OFFICER 1.90%
COMMUNICATIONS MANAGER 0.32%
HOUSING MANAGER 8.48%
PLANNING MANAGER 3.65%
PRINCIPAL PLANNER 3.65%
RISK MANAGER 3.97%
SUSTAINABILITY MANAGER 9.86%

3.1.2. After the market adjustments identified above, effective July 1, 2024, and as soon as administratively possible, the pay rates for members of MEA shall be increased by four percent (4.0%).

3.2. For 2025-26 fiscal year:

3.2.1. Effective July 1, 2025, and as soon as administratively possible, the pay rates for members of MEA shall be increased by four percent (4.0%).

3.3. For 2026-27 fiscal year:

3.3.1. Effective July 1, 2026, and as soon as administratively possible, the pay rates for members of MEA shall be increased by four percent (4.0%).

SECTION 4 WAGE STUDY
The City conducted a city-wide wage study in 2023. The parties agree to meet and jointly develop the parameters for a wage study for MEA classifications.

SECTION 5 DEFERRED COMPENSATION – MATCH PROGRAM
Effective as soon as administratively possible upon ratification, the City will match up to $75.00 per pay period ($150.00 per month) of an employee’s contribution to a City Authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law.

SECTION 6 RETIREMENT HEALTH SAVINGS PLAN

6.1. The Retirement Health Savings Plan (RHSP) is an employer-sponsored health benefit savings program that allows employees to contribute and accumulate assets to pay for medical premiums and allowable health expenses at retirement (or upon meeting eligibility criteria) on a tax-free basis. This plan is not currently in effect. Once employees’ agree to a mandatory contribution amount, it is the City’s intent to implement. The RHSP has the following components:

6.1.1. Eligibility:

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 10, Packet Page 224 MEA MOU July 1, 2024 – June 30, 2027 Page 6 of 21
a. Employee must retire or separate from City service and have reached a minimum of age fifty (50). Under certain
circumstances, the age requirement may be waived if the employee qualifies as disabled from work under the California Public Employee’s Retirement System (CalPERS) retirement plan, the City’s Short-Term/Long-Term Disability Plan or under Workers’ Compensation.

6.1.2. Contributions:
a. An employee may make a one-time irrevocable election to have an on-going pre-tax salary deduction of 1–20% (whole
percentages) of the employee’s base rate of pay, and
b. An employee may also elect on an annual basis, in a year preceding retirement or separation, to make an irrevocable pretax deduction up to 100% (whole percentages) of their accrued vacation, holiday and compensatory time off separation payoffs.

6.2. Contributions into the RHSP are made only by the employee; there are no employer contributions. The employee will pay all administrative fees. The employee will be allowed to make their irrevocable election within thirty (30) days of hire as a full-time employee, and/or during the City’s annual open enrollment period.

6.3. If a participating employee dies without designating a beneficiary, the distribution of any assets contained in the employee’s account shall be distributed equally among City-wide participants in the plan.

Current Internal Revenue Service (IRS) regulations governing RHSPs, as may be amended, are controlling over this Section and may affect whether and how the City provides this program.

SECTION 7 MANAGEMENT COMPENSATION PAY
Effective July 1, 2016, 1.92% Management Compensation Pay ceased, and the value was rolled into the base salary for employees in this representation unit.

SECTION 8 LONGEVITY PAY

8.1. Employees will receive longevity pay the first full pay period following the anniversary date that meets the following required years of continuous fulltime service:

8.1.1. For those with at least twenty (20) years of continuous full-time City of Monterey service and less than twenty-five (25) years, a five percent (5.0%) longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

8.1.2. For those with at least twenty-five (25) years of continuous full-time City of Monterey service and less than thirty (30) years, a total of ten percent (10.0%) longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

Exhibit A
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8.1.3. For those with at least thirty (30) years of continuous full-time City of Monterey service or more, a total of fifteen percent (15.0%) longevity pay, calculated from the base rate of pay set forth in the adopted salary schedule, will be provided.

8.2. Employees hired on or after December 6, 2016, shall not be eligible for Longevity Pay.

8.3. Employees receiving stacked longevity pay in effect at the time of ratification will continue receiving such compounded ten percent (10.0%) and fifteen percent (15.0%) pay. For example, an employee currently receiving longevity for twenty-five (25) years will continue to receive 10.25% and those currently receiving longevity for thirty (30) years will continue to receive 15.763%. If an employee becomes eligible for longevity pay, or additional longevity pay, the flat rates of ten percent (10.0%) and fifteen percent (15.0%) as described above will apply.

SECTION 9 VACATION SCHEDULE AND MAXIMUM ACCRUAL

9.1. Vacation leave shall accrue and be subject to the rules and regulations in effect at the time of the request for leave.

9.2. Employees with more than twenty (20) years of service shall accrue annual vacation leave at the rate of twenty-three (23) days per year (184 hours per year).

9.3. Vacation shall not accrue in excess of 320 hours. Once an employee reaches this accrual limit, the employee shall not accrue additional vacation.

Vacation accrual based on the employees’ accrual rates shall commence only after an employee has utilized vacation and accrual banks are below the 320 maximum allowed. Employees may cash-out vacation accrual in excess of 280 hours once per year, either at the end of the fiscal year or at the end of the calendar year. Exact cash out dates to be determined by Finance. Vacation accruals may be cashed out upon separation from City employment.

SECTION 10 MANAGEMENT LEAVE

10.1. Employees shall be provided with eighty (80) hours of “use it or lose it” management leave at the beginning of each calendar year. Unused time may not rollover to the next year, and there shall be no cash value for management leave time.

10.2. For those employees who are new to the Association (promotion from another employee group, or one who is hired to an Association classification from another agency), the amount of provided management leave in the initial calendar year of appointment shall be prorated based on the following schedule according to hire date:
• If hired January 1 to March 31 80 hours of Management Leave • If hired April 1 to June 30 60 hours of Management Leave Exhibit A
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• If hired July 1 to September 30 40 hours of Management Leave • If hired October 1 to November 30 20 hours of Management Leave • If hired December 1 to December 31 0 hours of Management Leave

10.3. Effective July 1, 2024, current association members will be credited 40 hours of management leave to their bank.

SECTION 11 BEREAVEMENT LEAVE
Leave Usage for Death of a Family Member (Bereavement)

11.1. All employees may be authorized to use up to eighty (80) hours of accrued leave per calendar year for the death of a family member. The maximum combined allowable use of leave for the above purposes shall not exceed eighty (80) hours in any calendar year.

11.2. For purposes of determining the use of leave for death of a family member, the following definition shall be used: The employee's spouse, principal domestic partner, child, parent, brother, sister, grandparents, parents-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepparents, stepsiblings, step-children, step grandparents or grandparents-in-law.

11.3. At the Department Head or their designee’s discretion, the employee may be required to provide evidence that the leave was used for the purposes intended by this section.

SECTION 12 SICK LEAVE
Sick leave shall continue to be accrued and subject to the rules and regulations which existed at the time of application.

12.1. Sick Leave Accrual

12.1.1. Full-time employees shall accrue sick leave credits at the rate of eight (8) hours per month or a major portion thereof.

12.1.2. All full-time personnel may accrue sick leave not subject to a maximum accrual.

12.1.3. For purposes of this section, Family Member means Children (biological, stepchildren, adopted, foster, legal wards, or a child to whom the employee stands in loco parentis), Parents
(biological, adopted, step, foster, guardian, wards, or in-laws), Spouse, Domestic Partner registered with the State and
submitted to Human Resources, Grandparent, Grandchild,
Brother, and Sister.

12.2. Sick Leave Usage for Employee and Family Members

12.2.1. Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or Exhibit A
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injury; routine medical or dental appointments; or for the care related to the illness or injury of the employee’s Family Member.

12.2.2. Accrued sick leave may also be used in accordance with Monterey City Code Section 25-12.11 (Catastrophic Leave), as may be amended.

12.2.3. When utilizing the sick leave benefit, the employee shall notify the City Manager or their designee, in accordance with
departmental regulations and Monterey City Code Section 25-

11.01(b) (Attendance), as may be amended.

12.2.4. Where the period of absence due to illness or injury is not known at the outset, it shall be the responsibility of the employee to remain in contact with the City Manager or their designee, on a daily basis if deemed necessary by the City Manager or their designee.

12.2.5. Usage of sick leave shall be charged to the employee's balance on an hour-for-hour basis in one-fourth (1/4) hour increments or in accordance with current law.

12.3. Sick Leave Abuse

12.3.1. Sick leave abuse shall mean: “Any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary actions.

12.3.2. When the Department Head or their designee has reason to suspect that an employee has abused sick leave benefits, the Department Head or their designee may require that employee to file a personal affidavit or physician’s affidavit excusing the absence due to illness or injury. The Department Head or their designee, at their discretion, may establish methods of verification as deemed appropriate. These means may include, but are not limited to, examination by a physician selected by and paid for by the City. If an employee is required to be examined by a physician selected by the City, the employee will be paid for the time, if off duty, and will be given reimbursement for mileage to attend the examination.

12.3.3. Employees may be subject to discipline when the City substantiates that absences taken and sick leave accruals used on a given day or days are the result of a concerted action on the part of two (2) or more employees which is related to a labor dispute with the City directly, or one (1) in which the City is involved as a third party.

12.4. Sick Leave Usage as Personal Leave

12.4.1. Up to twenty-four (24) hours of accrued sick leave may be taken as Personal Leave during the calendar year so long as the Exhibit A
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employee has a minimum of 160 hours of accrued sick leave on the books at the time the Personal Leave is taken. Approval for the use of Personal Leave shall otherwise be subject to the same use rules as vacation and requires advance Department Head or their designee’s approval.

12.5. Exhaustion of Sick Leave

12.5.1. An employee anticipating exhaustion of sick leave may request advance approval from the Department Head or their designee for the use of discretionary leaves (i.e., vacation, holiday and compensatory time off) in the event of illness or injury, with the Department Head or their designee having discretion to either deny or approve the request.

12.6. Maternity and Parental Leave

12.6.1. Employees are entitled to leaves of absence for maternity, parental bonding, and pregnancy-related disability. All such leaves of absence shall be granted and compensated in
accordance with state and federal laws covering these topics, including the Pregnancy Disability Leave, Family Medical Leave Act, California Family Rights Act (CFRA) and the Fair
Employment and Housing Act.

12.6.2. Employees taking an approved unpaid leave of absence for CFRA eligible baby-bonding are entitled to utilize accrued leave, including use of sick leave.

SECTION 13 INSURANCE PLAN
The City will make available a Flexible Benefits Plan (Cafeteria Plan) to eligible employees. The following is a brief summary of insurance benefits available as a part of the Flexible Benefits Plan. To the extent that the insurance programs detailed below continue to be available, the City will continue to offer these programs. Employees should refer to the plan documents for a complete description of benefits, coverage and limitations.

Changes may be required from time to time to maintain the integrity of this flexible benefits plan as a lawful IRS Section 125 plan. The City and the Association agree that the City shall have the discretion to make such changes to ensure this plan is eligible for favorable treatment under the Internal Revenue Code. The City may add or remove benefit options to or from this plan during the term of this Agreement.

Removal of a benefit shall occur only if the benefit is deemed contrary to public law or regulation governing IRS Section 125 Benefit Plans, is no longer available by vendor, or becomes insolvent. If, during the term of this Agreement, a change in insurance plans or coverage is necessary, the City shall provide notice thirty (30) days in advance, and, upon request, meet with representatives of the Association. If, during the term of this Agreement, the premium for an insurance plan changes, the City will attempt to provide a thirty (30) day notice in advance of the rate change.

13.1. Eligibility
Exhibit A
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12.1.1. Regular, Full-Time employees will be eligible to participate in any of the City’s health insurance programs.

13.2. Health Insurance

13.2.1. CalPERS Medical Insurance Contribution
a. The City provides health insurance through California Public Employee’s Retirement System (“CalPERS”). The employee
contribution may vary depending on which plan the employee is enrolled in and in which CalPERS region they reside. The City shall make a nonelective employer contribution to the Flexible Benefits Plan on behalf of each active, full-time employee in an amount which includes the Public Employees’ Medical and Hospital Act (PEMHCA) contribution.
i. At the time of this Agreement, the current Health Plan Spending Fund (HPSF) rates are:
• $2,540.00 per month – family coverage
• $2,040.00 per month – employee + 1
• $914.82 per month – employee only
ii. For the plan year effective January 1, 2025, if the CalPERS Gold health plan premiums increase above the City’s current HPSF contribution ($2,540.00 per month/family coverage, $2,040.00 per month/ employee plus one, $914.82 per
month/ employee only), the City shall increase its
contributions to the premium commensurate with the
increase, not to exceed nine percent (9.0%)
iii. For the plan year effective January 1, 2026, if the CalPERS Gold health plan premiums increase above the City’s 2025 HPSF contributions, the City shall increase its contributions to the premium commensurate with the increase, not to
exceed nine percent (9.0%)
iv. For the plan year effective January 1, 2027, if the CalPERS Gold health plan premiums increase above the City’s 2026 HPSF contributions, the City shall increase its contributions to the premium commensurate with the increase, not to
exceed nine percent (9.0%)
b. In 2027, the Association and the City agree to reopen the Insurance Benefits section of this Agreement to discuss future employer and employee contributions.

13.2.2. Medical Insurance Opt-Out
a. Employees who opt out of the City-sponsored CalPERS plan for health insurance and provide proof of alternate group medical insurance will be entitled to $300.00 per month. To qualify, an employee must provide proof of alternate group coverage to Exhibit A
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Human Resources. Alternate coverage must be acceptable by the City and compliant with the Affordable Care Act.

13.3. Retiree Medical Premium

13.3.1. Covered employees who retire under the provisions of the City’s contract with CalPERS are currently eligible to continue CalPERS medical coverage. The City will make the mandatory minimum employer health premium contribution for City retirees participating in the PEMHCA. The mandatory monthly rate is established by CalPERS annually and is effective on January 1 of each calendar year pursuant to Government Code Section 22892.

12.4. Cafeteria Plan and Optional Benefits

13.4.1. In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees.

Employees may elect to participate in the following three (3) Section 125 programs offered by the City:
• Premium Conversion
• Dependent Care (IRS contribution limits apply), and
• Flexible Spending Account (IRS contribution limits apply).

13.4.2. Each of these programs will be administered in accordance with the IRS Code.

13.4.3. Consistent with applicable laws and regulations, each employee may use their HPSF for any benefits permitted by law and provided for in the Cafeteria Plan document but will not receive any remaining HPSF balance as cash. Those benefits include:
• Health insurance in accordance with PERS regulations and federal law,
• Dependent dental coverage,
• Additional life insurance, provided by the City’s insurance carrier, up to the maximum allowed by the City’s carrier, • Dependent Care Assistance Plan, employees will pay any administration fee for this service through payroll deductions, • Flexible Spending Account, employees will pay any
administration fee for this service through payroll deductions.

13.4.4. For each month when the benefit options selected by the employee under this plan exceed the appropriate City
contributions (Health Plan Spending Fund), that employee shall pay by pre or post-tax payroll deductions the full cost (100%) which exceeds the City’s contributions for that employee.

13.5. Dental/Orthodontia Insurance

13.5.1. The City provides a self-insured dental benefit. As such, the City Exhibit A
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shall pay the full cost of the employee-only dental premiums. The City shall pay the cost for employee dental insurance
administered by a third-party administrator up to the annual maximums as detailed in the plan description. Employees are responsible for adhering to the claims process outlined in the dental plan provisions.

13.5.2. The City will provide eligible employee dependents with the opportunity to participate in an open enrollment every year. An employee electing coverage for dependent(s) shall pay the full cost for dependent dental premiums rounded up to the nearest dollar.

13.6. Vision Care

13.6.1. The City provides vision care insurance and pays the full cost of premiums for employees and dependents. The plan will provide for expenses based on usual and customary rates as incurred up to the annual maximums described in the plan description.

13.7. Life Insurance

13.7.1. The City will provide a basic $50,000.00 Term Life Insurance and Accidental Death and Dismemberment Policy for each employee covered by this Agreement.

13.7.2. Additional Term Life Insurance may be purchased by each employee through payroll deductions in increments of
$10,000.00, subject to the City’s life insurance carrier’s coverage limitations. An employee may purchase additional term life insurance up to the lesser $350,000 or five (5) times their basic annual earnings. The purchase of additional insurance shall be in accordance with payroll deduction procedures established by the Finance Director and the underwriting requirements of the insurance carrier.

13.7.3. Subject to the conditions of the City’s life insurance carrier, the City shall offer to employees at the time of their retirement or separation the option to convert their life insurance policy (both City-paid and employee-purchased supplemental insurance) to individual coverage at the employee’s’ expense.

SECTION 14 RETIREMENT

14.1. Miscellaneous Classic Members

14.1.1. For all miscellaneous members hired prior to January 1, 2013, the City will continue to provide the 2.7% @ 55 PERS
Miscellaneous Members Retirement for each employee covered by this Agreement. The same 2.7% @ 55 will be provided to new employees, subject to CalPERS determination, who were
previously employed by the City of Monterey as a full-time Exhibit A
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employee, or who were employed full-time by another PERS (or reciprocal) agency within six (6) months from date of hire by the City of Monterey. This policy is in keeping with the California Public Employees’ Pension Reform Act (PEPRA). As of July 1, 2013, the City's contract with PERS for the 2.7% @ 55 plan contains the following plan amendments allowed by the Public Employees’ Retirement Law (PERL):
• Highest twelve (12) consecutive months for purposes of determining final compensation (PERL Section 20042);
• Sick leave credit/conversion to service time (PERL Section 20965);
• 1959 Survivor Benefit Level 4 (PERL Section 21574). The employer's cost for this benefit will be paid by the
employees through payroll deduction. This amount is set by CalPERS each fiscal year;
• Exclusion of hourly rated employees (PERL Section 20305). • Military Service Credit (PERL Section 21024);
• Partial Service Retirement (PERL Section 21118); and
• Employees Sharing Cost of Additional Benefits (PERL
Section 21354.5).

14.1.2. The City shall pay for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and/or contribution credits (rebates) from PERS.

14.1.3. Classic employees contribute on a pre-tax basis the eight percent (8.0%) employee contribution amount established by CalPERS. Effective July 1, 2011, Classic employees contribute on a pre-tax basis a three percent (3.0%) cost share towards the Employer Contribution to CalPERS. The total contribution, which is memorialized by a 2018 contract amendment with CalPERS, is eleven percent (11.0%). The City shall maintain the IRS 414(h)(2) provision allowing employees to defer state and federal Income taxes on their CalPERS contributions.

14.1.4. The employer's cost for the 1959 Survivor Benefit Level 4 (Section 21574) will be paid by the employees through payroll deduction.

14.2. Miscellaneous PEPRA Members

14.2.1. PEPRA employees are those employees hired on or after January 1, 2013 who have not been previously employed by the City of Monterey as a full-time employee, or who were employed full-time by another PERS (or reciprocal) agency and had a break in service greater than six months (6) from date of hire by the City of Monterey, will be placed on a second PERS Plan tier.

The second tier for these employees is the two percent (2.0%) @ 62 and contains the same plan amendments as the 2.7% @ 55 plan described above, except that PEPRA requires the two percent (2.0%) @ 62 retirement formula to be based on a thirtyExhibit A Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 19, Packet Page 233 MEA MOU July 1, 2024 – June 30, 2027 Page 15 of 21
six (36)-month average of annual pensionable compensation earned (rather than a twelve (12)-month average), and
employees on the second tier contribute fifty percent (50.0%) of the normal cost of the plan as established by CalPERS and are not required to participate in any cost-sharing of the Employers’ Contribution to CalPERS. The City shall maintain the IRS 414(h)(2) provision allowing employees to defer state and federal Income taxes on their CalPERS contributions.

SECTION 15 BENEFITS DURING WORKERS COMPENSATION LEAVE AND

SHORT TERM / LONG TERM DISABILITY PLAN
The City shall provide a City-paid combined insured Short Term Disability / Long Term Disability Plan. During the term of this Agreement, the City will pay any increase in costs and will retain any savings resulting from a decrease in cost for this plan.

15.1. Maintenance of Benefits

15.1.1. The City will provide the employee on an industrial or nonindustrial disability protected leave of absence with benefits for up to a maximum of one year (1) per incident in accordance with state and federal law.

15.1.2. Employees out on leave in excess of twelve (12) months will resume benefits in the first month after returning to work in a fulltime status.

15.2. The City will continue to provide the employee HPSF, dental, vision, life, Employee Assistance Plan and participation in the medical plan for up to a maximum of one (1) year per incident, subject to the following:
• The person is an active employee; and
• The employee has at least one (1) full day in a pay status during the month (either City pay or Disability payment).

15.3. Leave Accrual

15.3.1. If, due to an industrial injury or illness, an employee is in a pay status (either City pay or Worker’s Compensation payment) for the majority of the month, leave accruals (sick leave, vacation, and holidays) shall continue for the first six (6) months of the disability.

15.3.2. If, due to a non-industrial injury or illness, an employee receives disability payments for what constitutes the majority of the month, the employee shall not accrue leave.

SECTION 16 GROUP LEGAL
Subject to provider limitations, the City will continue to provide a Group Legal Services Plan for employees represented by the Association through an employee-paid Exhibit A
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premium. Participation in the program shall be voluntary and consistent with the provider's requirements that the potential pool of participants must include a minimum of 200 employees.

SECTION 17 WORKING OUT OF CLASS PAY
In lieu of the provisions of Section 25-5.11 (a)(2) of the Monterey City Code, effective with the adoption of this Agreement the following will apply:
• "Work at a higher level, when assigned, must be performed on a continuous basis for a period in excess of three (3) consecutive work weeks, for employees represented by Association, in order to be eligible for additional compensation, which will be applied to the excess period of time."
SECTION 18 SPECIAL ASSIGNMENT PAY
City Code Section 25-5.12 addresses Special Assignment Pay, with the range for the City Manager or designee to authorize not less than two percent (2.0%) and not more than five percent (5.0%) in a temporary pay adjustment. This section modifies that range as addressed in City Code section 25-5.12 to be not less than two percent (2.0%) and not more than twenty percent (20.0%).

SECTION 19 HOLIDAY TIME
Except as otherwise provided, each full-time employee who is on paid status before and after the holidays specified below shall be eligible for paid holiday leave on each of the following specified holidays, and on no other day, during the term of this Agreement:
• New Year's Day January 1
• Martin Luther King, Jr. Birthday 3rd Monday in January • President's Day 3
rd Monday in February
• Memorial Day Last Monday in May
• Juneteenth June 19
• Independence Day July 4
• Labor Day 1
st Monday in September
• Admission Day 9
th day of September
• Veterans' Day November 1
• Thanksgiving Day 4
th Thursday in November
• The day after Thanksgiving Day
• The working day immediately preceding Christmas Day
• Christmas Day December 25
• The working day immediately following Christmas Day
SECTION 20 FLOATING HOLIDAY

20.1. The Association's holiday schedule shall include one (1) floating holiday Exhibit A
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per fiscal year, per employee. This floating holiday may be carried over into the following year, but in no case shall an employee be allowed to accrue more than forty (40) hours of accrued floating holiday time. There shall be no cash value to the accrued floating holiday hours. The scheduling is at the discretion of the employee subject to approval by the Department Head.

20.2. If an employee is at the forty (40)-hour maximum accrual, in a pay period when an additional holiday is accrued, the employee may utilize accrued holiday hours in the same pay period in order to obtain the holiday accrual. Otherwise, the employee forfeits that floating holiday.

SECTION 21 MINIMUM LEAVE EVENTS
The minimum leave that can be taken by an employee for all leave events shall be fifteen (15) minutes.

SECTION 22 VOLUNTARY UNPAID LEAVE

22.1. With advance Department Head approval, an employee may take up to forty (40) hours of management unpaid leave per calendar year. Such leave may be taken in fifteen (15) minute minimum increments. Further, so long as the employee is in a paid status at least half of the month, such unpaid leave shall not result in a loss of benefits or leave accruals.

22.2. Employees exceeding this amount of unpaid leave may be disciplined for excessive leave of absence. Excluded from discipline are absences certified as protected leave of absence under state or federal law or leave approved as a reasonable accommodation for a disability under state or federal law.

SECTION 23 TUITION REIMBURSEMENT PROGRAM
The Tuition Reimbursement allowance shall be $2,000.00 per fiscal year per employee, subject to Department Head approval. The program shall include reimbursement for seminars, conferences and other accredited courses that are job related and for course textbooks.

SECTION 24 WELLNESS PROGRAM

24.1. The Association and the City agree that employee health and fitness are important factors in maintaining an optimal work environment. In addition to the existing Employee Assistance Program, employees may receive passes to the Monterey Sports Center, valued at the current rates, and subject to rate increases, in order to implement their personal fitness programs. The IRS views the employee membership as taxable income.

24.2. Upon complying with membership, employees shall receive annual, renewable and nontransferable employee-only passes to the Monterey Exhibit A
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Sports Center in order to implement their personal fitness programs.

24.3. Employees may apply the dollar value of the employee-only pass to the Monterey Sports Center towards the purchase of a family pass to this facility. The employee shall be responsible for the cost differential between the credit value of the employee-only pass and the family pass.

During open enrollment, the employee shall be afforded the opportunity to make an election to continue crediting the value of the employee-only pass towards the family pass which shall be irrevocable for the next twelve (12) months.

24.4. Employees electing to receive a family pass under this program shall have a payroll deduction for the cost of maintaining the family pass active from month to month based on the difference between the cost of the family pass and the employee-only pass. Upon separation from the City, the family pass shall be cancelled unless the separated employee elects to maintain the pass under the same conditions available to the general public.

24.5. New hires can enroll in the Fitness Program upon hire, and then during open enrollment thereafter. Employees can cancel enrollment in the Fitness Program during open enrollment.

SECTION 25 FITNESS ACTIVITY PLAN

25.1. All MEA-represented members will be eligible to participate in a Fitness Plan where they work out off-duty (not considered work time for purposes of Workers’ Compensation injury or illness) in exchange for leave time accrued in a fitness bank.

25.2. Conditions for Qualifying
• Employees are required to work out a minimum of 1170 minutes per quarter in order to accrue ten (10) hours of leave. A session is considered to be any moderate or higher intensity physical activity lasting a minimum of fifteen (15) minutes.
• Participants will sign a form demonstrating completion of each workout, which is based on the honor system. At the end of each quarter the form will be turned into the Human Resources Department and the ten (10) hours of leave will be credited to the exercise incentive time bank as soon as practical and will be available for immediate use by the employee.
• Each calendar year a maximum of forty (40) hours can be accrued in a separate exercise incentive time bank, with a maximum of eighty (80) hours allowed in the bank. The exercise incentive time bank has no cash value and the time accrued in this bank has no expiration date.
• Approval for the use of Leave shall otherwise be subject to the same use rules as vacation and requires advance Department Head or their designee’s approval.
• Participation is voluntary and for those electing to participate, an annual physical fitness assessment at the Monterey Sports Center, Exhibit A
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which can be used as a 30-minute workout session, is encouraged.

Individual results of the physical fitness assessment will be confidential between the Monterey Sports Center and the employee. • Submitting a Fitness Plan Waiver form to Human Resources is required to participate in this program.

SECTION 26 EMPLOYEE PARKING
The parties acknowledge that the City has not provided free parking for all on duty personnel.

SECTION 27 ALTERNATE STAFFING
The Alternate Staffing Program allows for the direct advancement of an employee to a superior classification within a series without a change to the total allocated positions in the department. The Alternate Staffing Program is outlined in Attachment A of the MOU.

The creation of future classifications that are eligible for Alternate Staffing will be evaluated through the meet and confer process.

SECTION 28 CITY RECREATION PROGRAM FEES
The Resident Rates for City Recreation classes and programs shall be afforded to employees and immediate family household members (spouse, domestic partner and dependent children twenty (20) years of age and younger) of active City employees.

SECTION 29 REQUEST FOR CLASSIFICATION AND SALARY REVIEW

29.1. MEA may submit a request for a classification and/or base wage compensation study on behalf of MEA represented employee(s) between September 1st and September 30th of each calendar year. The Human Resources Director may designate an alternate submission period due to operational considerations and/or to accommodate the City's budget preparation timeline. Requests shall be submitted to the Human Resources Department on the authorized request form.

29.2. The maximum number of MEA requests shall be capped at ten (10) for the first fiscal year of this Agreement. The maximum number of MEA requests shall be capped at five (5) per fiscal year thereafter.

29.3. After the close of the designated submission window, the Human Resources Department will review the submitted requests and evaluate factors such as: classification levels, compaction concerns, recruitment or retention difficulties, and additional responsibilities that are not within the scope of the existing classification specification. The Human Resources Department will determine which studies are warranted and the type of study to be conducted (i.e., classification study, classification specification review, base wage compensation review, etc.). HR will notify MEA of which studies will move forward within thirty (30) calendar days.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 24, Packet Page 238 MEA MOU July 1, 2024 – June 30, 2027 Page 20 of 21

29.4. This section shall not be subject to the grievance procedure as set forth in the Monterey City Code Section 25-15.02. If it is recommended that the employee be reclassified, all applicable Monterey City Code Chapter 25 Personnel/Human Resources provisions shall apply.

SECTION 30 PROVISIONS OF LAW
This Agreement is subject to all current and future applicable federal and state laws and regulations. If any part or provision of this Agreement is in conflict or inconsistent with such applicable laws or regulation or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulation and the remainder of this Agreement shall not be affected thereby.

SECTION 31 FULL UNDERSTANDING, MODIFICATION AND WAIVER

31.1. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained herein are hereby superseded or terminated in their entirety. No other understandings or agreements are encompassed in this Agreement. Existing benefits not changed herein shall remain in full force.

31.2. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation during the term of this Agreement.

31.3. No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by all parties.

31.4. In the event any new practice, subject or matter arises during the term of this Agreement that is within the scope of meet and confer, and an action is proposed by the City, the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request.

In the absence of an agreement on such a proposed action, the City reserves the right to take necessary action by management direction.

31.5. Nothing herein shall limit the authority of the City to make necessary and reasonable changes during emergencies. Emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war. However, the City shall notify the Association of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 25, Packet Page 239 MEA MOU July 1, 2024 – June 30, 2027 Page 21 of 21
The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

The parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted below.

CITY OF MONTEREY MANAGEMENT EMPLOYEES' ASSOCIATION
_______________________________ ________________________________ Hans Uslar Date Louie Marcuzzo Date
City Manager MEA President
_______________________________ ________________________________ Brette Neal Date Cristie Steffy Date
Human Resources Director MEA Vice President
_______________________________ _______________________________ Rafaela King Date Reginald Paulding Date
Finance Director MEA Secretary
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 26, Packet Page 240

ATTACHMENT A

ALTERNATE STAFFING
Definition:

1. The superior classification is authorized in the Department's budget and position allocation list.

2. After the employee is appointed to the superior classification there is not a net gain in the number of personnel assigned to the Department.

3. The employee must have completed their original probation as defined in Monterey City Code Section 25-10.0.a.1.

4. The preponderance of the employee's current duties must be those of the superior classification and constitute a continuing and ongoing level of responsibilities.

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 27, Packet Page 241

ATTACHMENT A

7. There is a demonstrated need acknowledged by the City Manager or their designee, that the higher-level skills of the superior classification are necessary to the City.

9. Some positions within the classifications may remain at a lower level than authorized. This may occur as a result:

9.1. Of the inability of the employee to learn and perform the higher level duties or the needs of the City.

9.2. The City’s workload, which may not require the skills of the more advanced levels.

Criteria for Progression:

Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 10., Item Page 28, Packet Page 242 Council
Agenda Report
FROM: Rafaela T. King, MBA, CPA, Finance Director
Prepared By: Kyle Olsen, Finance Analyst
SUBJECT: Amend Resolution 24-098 and Amend the FY 2024-25 Budget to Allocate Salary Adjustments Related to the City’s Compensation Study, Deferred Compensation Increases, and Fire Department Staffing Increases and Updating the Position Control List (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution adjusting the FY 2024-25 Budget to allocate the salary adjustments related to the City’s compensation study, deferred compensation increases negotiated during the collective bargaining process, and staffing increases within the Fire Department, and update the position control list accordingly.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operation, reasonable revenue enhancements, visionary long term planning, fiscal transparency, and community partnerships.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS:

While the passing of this resolution does impact the levels of certain accounts in the budget, the overall amount appropriated by Council during the June 4, 2024 Council Meeting is unchanged.

In total, this resolution will decrease the amount appropriated to the General Fund by $191,763.89. This decrease is offset by corresponding increases across many of the City’s other funds in the amount of $191,763.89. Please see Exhibit B for a detailed breakdown of increases by account. Since these allocation changes are between funds, Council approval is required.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 1, Packet Page 243 №10/24
rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

City Council could direct staff to reconsider the allocation of funds throughout the budget; however, as these adjustments directly correlate to the labor agreements recently signed by the City and the funds are already appropriated, this is not recommended.

DISCUSSION:

On June 4, 2024 the Monterey City Council adopted the FY 2024-25 Operating Budget.

Included in this appropriation was $1,500,000 in the General Fund for “Anticipated Adjustments”. These were funds set aside by the City in anticipation of the conclusion of labor negotiations, which were ongoing at that time. The City has now reached and Council has approved new agreements with each bargaining group. Each of these agreements included salary increases for specific positions based on the completion of a compensation study, initiated by City Staff, to ensure that City salaries were within 5% of the area’s median for similar positions. Also, the newly established agreements increased the amount payable in deferred compensation for Full-Time staff, from $100 per month to $150 per month.

Additionally, following adoption of the budget, the Council approved Resolution 24-101 increasing the size of the Fire Department by a total of four positions: one Assistant Fire Chief and three Firefighters. The updated Position Control List is included as Exhibit A for adoption.

The $1,500,000 sufficiently covered all increases due to the compensation study and increase in deferred compensation and a majority of the increases to Fire Department staffing. The remaining $69,288.95 not covered will continue to be allocated from unassigned fund balance.

Since these allocation changes are between funds, Council approval is required. Below is a summary of changes by fund (please see Exhibit B for a detailed overview of the changes at the account level):

Fund Original Adopted
Amount
Revised Total Adjustment
Increase/(Decrease)
101 – General Fund $109,218,515.56 $109,026,751.67 ($191,763.89) 216 – Neighborhood Imprvment Fnd $325,469.43 $326,069.43 $600.00 262 – Calle Principal Maint District $26,713.73 $27,907.74 $1,194.01 270 – Comm Dev Block Grant Fnd $1,218,721.66 $1,219,807.22 $1,085.56 279 - Sewer Line Maintenance Fnd $3,010,859.97 $3,030,589.80 $19,729.83 280 – Storm Water Utility Fnd $1,519,381.44 $1,524,474.93 $5,093.49 600 – Marina Fnd $2,853,040.13 $2,859,254.32 $6,214.19
610 – Cemetery Fund $611,828.71 $614,331.60 $2,502.89
625 – Parking Fund $10,526,053.46 $10,552,272.26 $26,218.80 Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 2, Packet Page 244 №10/24
650 – Presidio of Mtry Public Works $28,430,275.30 $28,513,839.12 $83,563.82 708 – Vehicle Maintenance Fnd $3,276,765.19 $3,284,856.08 $8,090.89 710 – Information Services Fund $5,174,264.41 $5,184,654.28 $10,389.87 715 – Workers Comp Insurance Fnd $4,116,536.54 $4,126,122.27 $9,585.73 716 – Liability & Property Insurance $4,721,102.97 $4,731,580.21 $10,477.24 807 – Tidelands $2,861,988.30 $2,869,005.86 $7,017.56
GRAND TOTAL $177,891,516.80 $177,891,516.80 $ 0.00
KRO/rtk
Attachments: 1. Resolution

2. Exhibit A: Position Control List

3. Exhibit B: Detailed Distribution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 3, Packet Page 245 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№011/24
AMENDING RESOLUTION 24-098 AND AMENDING THE FY 2024-25 BUDGET TO ALLOCATE SALARY ADJUSTMENTS RELATED TO THE CITY’S COMPENSATION STUDY,

DEFERRED COMPENSATION INCREASES, AND FIRE DEPARTMENT STAFFING

INCREASES AND UPDATING THE POSITION CONTROL LIST
WHEREAS, on June 4, 2024 the Monterey City Council adopted the FY 2024-25 Operating Budget;
WHEREAS, that operating budget included $1,500,000 appropriated in the General Fund for “Anticipated Adjustments” in anticipation of the conclusion of labor negotiations, which were ongoing at that time;
WHEREAS, since the time of adoption, negotiations with labor groups have concluded and City Staff have allocated the $1,500,000 to specific funds and accounts, an overview of which can be seen in the chart below. Since these allocation changes are between funds, Council approval is required; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the Finance Director to:

1. Update FY 24-25 Position Control List to add one Assistant Fire Chief and three Firefighters as shown in Exhibit A attached hereto; and

2. Amend Resolution 24-098 authorizing changes to the FY 2024-25 Adopted Budget to allocate salary adjustments related to the City’s compensation study, deferred compensation increases, and Fire Department staffing increases as shown in the table below and further detailed in Exhibit B attached hereto.

Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 4, Packet Page 246

FUND ORIGINAL

ADOPTED
AMOUNT

REVISED TOTAL ADJUSTMENT
101-GENERAL FUND $109,218,515.56 $109,026,751.67 $ (191,763.89) 216-NEIGHBORHOOD IMPROVEMENT FUND $ 325,469.43 $ 326,069.43 $ 600.00 262-CALLE PRINCIPAL MAINT DISTRICT $ 26,713.73 $ 27,907.74 $ 1,194.01 270-COMMUNITY DEV BLOCK GRANT FUND $ 1,218,721.66 $ 1,219,807.22 $ 1,085.56 279-SEWER LINE MAINTENANCE FUND $ 3,010,859.97 $ 3,030,589.80 $ 19,729.83 280-STORM WATER UTILITY FUND $ 1,519,381.44 $ 1,524,474.93 $ 5,093.49 600-MARINA FUND $ 2,853,040.13 $ 2,859,254.32 $ 6,214.19 610-CEMETERY FUND $ 611,828.71 $ 614,331.60 $ 2,502.89
625-PARKING FUND $ 10,526,053.46 $ 10,552,272.26 $ 26,218.80 650-PRESIDIO OF MTRY PUBLIC WORKS $ 28,430,275.30 $ 28,513,839.12 $ 83,563.82 708-VEHICLE MAINTENANCE FUND $ 3,276,765.19 $ 3,284,856.08 $ 8,090.89 710-INFORMATION SERVICES FUND $ 5,174,264.41 $ 5,184,654.28 $ 10,389.87 715-WORKER'S COMP INSURANCE TRUST $ 4,116,536.54 $ 4,126,122.27 $ 9,585.73 716-LIABILITY & PROPERTY INSURANCE $ 4,721,102.97 $ 4,731,580.21 $ 10,477.24 807-TIDELANDS TRUST FUND $ 2,861,988.30 $ 2,869,005.86 $ 7,017.56 GRAND TOTAL $177,891,516.80 $177,891,516.80 -
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 5, Packet Page 247 Exhibit A
CITY MANAGER DEPARTMENT Administration
Community
Resources/
Education City Clerk Total Allocation
Fund 101 0210 0211 0321

1.00 1.00

1.00 1.00 2.00

0.83 0.83

1.00 1.00
Management Analyst 1.00 1.00

1.00 1.00
Total City Manager Dept 3.83 1.00 2.00 6.83
Conference Center Administration Sales
Event
Operations Maintenance Total Allocation
Fund 101 6210 6220 6231 6232
Administrative Assistant 1.00 1.00

1.00 1.00
Custodian 1.75 1.75

1.00 1.00
Event Coordinator 2.00 2.00

2.50 2.50
Operations Coordinator 1.00 1.00

1.00 1.00
Senior Facility Attendant 1.00 1.00
HVAC Senior Tech 1.00 1.00
Total Conference Center 2.00 1.00 9.25 1.00 13.25

INFORMATION RESOURCES

DEPARTMENT
Information
Resources Total Allocation
Fund 710 0340

1.00 1.00

0.17 0.17

1.00 1.00

2.00 2.00
Senior Information Tech Specialist 1.00 1.00
IT Application Engineer II 3.00 3.00

1.00 1.00
Administrative Assistant 0.75 0.75
Total Information Services Dept 10.92 10.92

CITY ATTORNEY DEPARTMENT
City Attorney
Administration Total Allocation
Fund 101 0500

1.00 1.00

1.00 1.00
Total City Attorney Dept 4.00 4.00
HUMAN RESOURCES Administration (1)
Workers' Comp/
Employee
Benefits(2) Total Allocation
Fund 101(1)/715(2) 0600 0612

1.00 1.00 2.00
Human Resources Assistant 1.00 1.00
Assistant HR Director 0.50 0.50 1.00

0.75 0.25 1.00
Human Resources Specialist 2.00 2.00
Total Human Resources Dept 5.25 1.75 7.00
FINANCE DEPARTMENT Finance
(1) Revenue Accounting Revenue(2)
Risk
Management (3) Total Allocation
Fund 101(1)/807(2)/716(3) 1110 1120 1130 1120 1143

1.00 3.50 4.50
Accounting Assistant 1.00 1.00

1.70 2.00 0.30 4.00

AMENDED POSITION CONTROL LIST
FISCAL YEAR 2024‐25
Communications Manager
Administrative Assistant
Assistant City Manager
City Manager
Assistant City Manager
GEO Info System (GIS) Coordinator
Network Engineer II
Information Technology Specialist
Systems & Network Administrator
Assistant City Attorney
City Clerk
Conference Center General Mgr
Sales Coordinator
Facility Attendant
Operations Supervisor
Chief Information Officer
Accounting Specialist
City Attorney
Deputy City Attorney
Legal Secretary
Human Resources Analyst
Human Resources Director
Accountant/Auditor
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 6, Packet Page 248

1.00 1.00
Business License Inspector 1.00 1.00

1.00 1.00

0.00 1.00 1.00

0.75 0.25 1.00
Finance Manager 1.00 1.00 2.00
Purchasing Analyst 1.00 1.00
Risk Specialist 1.00 1.00
Risk Manager 1.00 1.00
Total Finance Dept 1.75 5.70 9.50 0.30 2.25 19.50
POLICE DEPARTMENT Administration Field Operations Support Investigations/
Community
Services Total Allocation
Fund 101 2110 2120 2130 2140
Assistant Police Chief 1.00 1.00
Homeless Navigator 1.00 1.00

1.00 1.00
Police Officer 34.00 5.00 39.00

7.00 2.00 9.00

2.00 1.00 3.00
Community Service Officer 2.00 2.00

1.00 2.00 3.00
Police Services Technician 8.00 8.00

1.00 1.00

3.00 3.00
Total Police Dept 5.00 45.00 14.00 8.00 72.00
FIRE DEPARTMENT Administration
Fire Prevention
& Emerg.

Preparedness Fire Operations Fire Training Total Allocation Fund 101 2510 2520 2530 2540

2.00 2.00
Administrative Assistant 1.00 1.00

1.00 1.00
Fire Inspector II 1.00 1.00

1.00 1.00

3.00 1.00 4.00
Fire Captain 21.00 21.00

24.00 24.00

33.00 33.00

1.00 1.00
Total Fire Dept 6.00 2.00 81.00 1.00 90.00
PUBLIC WORKS DEPARTMENT Administration(1)
Neighborhood
Improvement
Fund Admin(2)
Presidio Maint.

Admin(3) Total Allocation
Fund 101(1)/216(2)/650(3) 3110 3110 3110

1.00 1.00
Accounting Assistant 1.00 1.00
Administrative Analyst 1.00 1.00

0.50 0.10 0.60

0.10 0.10
Senior Engineer 1.00 1.00

1.00 1.00

1.00 1.00
Total Administration 4.50 1.00 2.20 7.70
Engineering Engineering(1)
Sewer Line
Maintenance‐
Engineering(2)
Storm Drain
Engineering(3)
Presidio Proj
Engineering &
Admin(4) Total Allocation
Fund 101(1)/279(2)/280(3)/650(4) 3121 3121 3121 3159

2.00 2.00

2.85 0.15 2.00 5.00

1.00 1.00

0.50 0.20 0.20 0.90

1.00 1.00
Assistant Finance Director
Executive Assistant
Finance Analyst
Finance Director
Police Chief
Assistant Fire Chief
Fire Chief
Fire Prevention Technician
Deputy Fire Marshal
Division Chief
Fire Engineer
Police Sergeant
Police Lieutenant
Police Services Assistant
Police Records/Detention Supervisor
Senior Administrative Analyst
Senior Police Services Technician
Executive Assistant
Senior Administrative Analyst
Public Works Director
Administrative Assistant
Associate Civil Engineer
City Traffic Engineer
Firefighter
Senior Adminstrative Analyst
Accounting Specialist
Deputy PW Director/Admin
Deputy PW Director/City Engineer
Deputy PW Director/City Engineer
Engineering Assistant II
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 7, Packet Page 249

1.00 1.00

1.00 1.00
Engineering Project Manager 2.00 1.00 3.00

1.00 1.00

2.40 0.30 0.30 3.00
Senior Project Manager 1.00 1.00 2.00

1.00 1.00

1.00 0.42 0.58 2.00

0.14 0.86 1.00
Total Engineering 17.75 1.21 1.94 4.00 24.90
Vehicle Management ‐Mechanical Mechanical Total Allocation Fund 708 3154

5.00 5.00
Administrative Assistant 1.00 1.00

1.00 1.00

1.00 1.00
Total Vehicle Mgmt.‐Mechanical 9.00 0.00 0.00 0.00 9.00 Building Maintenance
Building
Maintenance(1)
Presidio Maint.

Bldgs(2)
Presidio Camp
Roberts(2)
Presidio Naval
Research(2) Total Allocation
Fund 101(1)/650(2) 3152 3152 3163 3164

1.00 13.00 1.00 1.00 16.00

1.00 3.00 4.00

0.15 0.85 1.00

0.25 0.75 1.00

1.00 1.00

4.00 4.00

1.00 2.00 1.00 4.00

1.00 1.00 1.00 3.00

1.00 1.00
General Srvc Field Oper Manager 0.25 0.75 1.00

1.00 1.00

3.00 1.00 4.00

1.00 5.00 6.00

1.00 1.00

1.00 1.00
Building Maintenance 5.65 37.35 4.00 2.00 49.00
Streets/Sewer/Stormdrain
Maintenance Maintenance(1)
Presidio Maint.

Streets(2)
Sewer
Maintenance(3)
Storm Drain
Maintenance(4) Total Allocation
Fund 101(1)/650(2)/279(3)/280(4) 3151 3151 3153 3155

0.30 0.20 0.30 0.20 1.00

0.49 0.40 0.11 1.00

1.00 2.00 1.00 4.00

1.00 1.00

0.74 1.13 0.13 2.00

2.00 1.00 2.00 1.00 6.00

1.00 1.00 2.00
Total Streets 6.53 2.33 5.83 2.31 17.00
Custodial Services Custodial Total Allocation
Fund 101 3172

7.00 7.00
Lead Custodian 1.00 1.00

2.00 2.00
Total Custodial Services 10.00 0.00 0.00 0.00 0.00 0.00 10.00 Marina/Harbor Administration(1) Maintenance(1) Security(1) Administration(2) Maintenance(2) Security(2) Total Allocation Fund 600(1)/807(2) 3310 3320 3330 3410 3420/3440 3430

0.50 0.50 1.00
Harbor Coordinator 1.00 1.00 2.00

1.50 1.50

0.80 0.20 1.00

0.10 0.10 0.20

1.50 1.50 3.00

2.77 0.98 3.75
Senior Public Works Inspector
Environmental Reg. Analyst
Environmental Reg. Manager
Automotive Mechanic
Parts Clerk
Fleet Manager
Engineering Technician
Engineering Programs Analyst
Public Works Inspector
Senior Engineer
Administrative Assistant
Building Maintenance Supervisor
Building Maintenance Worker
Facilities Maintenance Coordinator
Historic Facilities Sr. Craftsworker
HVAC Senior Technician
Lead Mechanic
Building Maintenance Craftsworker
Electrician
General Srvc Superintendent
Admin Services Technician
Administrative Analyst
Sign Craftsworker
Street Maintenance Leadworker
Street Maintenance Worker
Street & Utilities Supervisor
Custodian
Senior Custodian
Senior Craftsworker
Senior Locksmith
Senior Parts Clerk
Streets & Utilities Operations Manage
Administrative Assistant
Senior Street Maintenance Worker
Harbor Security Worker
Harbormaster
Facility Attendant (RPT)
Marina Harbor Assistant
Deputy PW Director/Admin
Harbor Maintenance Craftsworker
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 8, Packet Page 250 Total Marina/Harbor 2.40 1.50 2.77 1.80 3.00 0.98 12.45 Parking Administration Enforcement Maintenance Parking Services Total Allocation Fund 625 3510 3520 3530 3540

2.75 2.75

1.00 1.00

0.75 0.75
Assistant Parking Superintendent 1.00 1.00

1.00 1.00

0.20 0.20

8.00 8.00

1.00 1.00

2.00 2.00

1.00 1.00

4.00 4.00

0.50 0.50 1.00

4.50 4.50

1.00 1.00

1.00 1.00
Total Parking 7.20 10.00 9.00 6.00 32.20
Community Development Department Planning
Building Safety
& Inspection Total Allocation
Fund 101 4400 4410

2.00 1.75 3.75
Accountant/Auditor 0.50 0.50
Assistant Planner 1.00 1.00

0.60 0.60

2.00 2.00

3.00 3.00

1.00 1.00

1.00 1.00
Planning Manager 1.00 1.00

1.00 1.00

1.00 1.00
Total Community Development 13.10 6.75 19.85
Housing & Property Management Property Mgmt(1)
Property
Mgmt(2)
Housing
Admin(1) Housing Admin(3)
Housing
Admin(4)
Housing
Projects(4) Total Allocation
Fund 101(1)/807(2)/268(3)/270(4)/274(5) 4300 4300 4305 4305 4305 4310

0.15 0.85 0.50 0.25 0.25 2.00

0.10 0.30 0.40

3.00 3.00
Housing Manager 1.00 1.00
Property Technician 1.00 1.00

0.15 0.85 1.00
Total Housing & Property Mgmt 1.40 2.00 4.50 0.00 0.25 0.25 8.40 Parks & Recreation Department Administration Total Allocation Recreation
Fund 101 5110

1.00 1.00
Management Analyst I 0.34 0.34

0.34 0.34

1.00 1.00
Recreation Supervisor 1.00 1.00
Total Recreation 3.68 3.68
Recreation Centers
El Estero Park
Center
Scholze Park
Center
Hilltop Park
Center
Special Programs
& Events Sports Total Allocation
Fund 101 5121 5122 5124 5130 5160

1.00 1.00 1.00 3.00
Sports Coordinator 1.00 1.00
Accounting Assistant
Accounting Specialist
Administrative Assistant
Parking Superintendent
Deputy PW Director/Admin
Parking Maintenance Worker
Parking Services Coordinator
Parking Services Representative
Parking Services Specialist
Senior Parking Controls Technician
Administrative Assistant
Parking Enforcement Officer
Parking Enforcement Supervisor
Senior Parking Enforcement Off.

Parking Controls Technician
Parking Maintenance Supervisor
Parking Maintenance Leadworker
Plans Examiner
Building Technician
Chief Of Inspct Srvc/Bldg Off.

Senior Building Inspector
Inspector
Administrative Assistant
Community Development Director
Principal Planner
Senior Associate Planner
Code Compliance Coordinator
Sustainability Manager
Sustainability Assistant
Recreation Coordinator
Community Development Director
HCD Coordinator ‐ Projects/Prgm.

Property Manager
Administrative Assistant
Parks & Rec Director
Recreation Manager
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 9, Packet Page 251 Lead Preschool Instructor 0.75 0.75

0.50 1.00 0.50 2.00
Total Centers 1.50 1.00 1.75 1.00 1.50 6.75
Monterey Sports Center Operations Maintenance Total Allocation Fund 101 5180 5189

1.00 1.00

2.00 2.00
Fitness Supervisor 1.00 1.00
Guest Service Specialist 1.00 1.00
Management Analyst I 0.33 0.33

0.33 0.33

1.00 1.00
Sports Coordinator 1.00 1.00

1.00 1.00

1.00 1.00
Total Sports Center 8.66 2.00 10.66
Parks Maintenance(1)
Presidio
Maintenance(2)
Street
Maintenance
District(3)
Vets Park / Urban
Forestry(1) Cemetery (4) Parking (5) Total Allocation
Fund 101(1)/650(2)261‐262(3)610(4)625(5) 5210 3210 5210 5220/5230 5240 5210

0.70 0.25 0.05 1.00
Management Analyst I 0.33 0.33

1.00 1.00

1.00 1.00
Park Maintenance Leadworker 2.00 2.00

1.00 1.00
Park Maintenance Worker 10.10 0.40 0.50 1.00 12.00

0.80 0.03 0.15 0.02 1.00

0.33 0.33

2.00 2.00

0.50 1.50 2.00
Greenbelt Coordinator 1.00 1.00

1.00 1.00

1.00 1.00
Total Parks 18.26 0.53 0.40 3.90 2.57 1.00 26.66
Museum Administration Total Allocation
Fund 101 5610
Artifact Specialist 0.75 0.75

0.25 0.25
Total Museum 1.00 1.00
LIBRARY Administration (1)
Reference
Services (1) Total Allocation
Fund 101(1)/810(2) 5510 5530

0.75 0.75
Assistant Library Director 1.00 1.00

1.00 1.00

0.75 0.75

4.50 4.50

1.00 1.00

4.00 4.00

1.00 1.00
Total Library 2.75 11.25 14.00
GRAND TOTAL 152.13 133.37 148.14 31.31 9.57 2.23 476.75 Recreation Specialist
Administrative Assistant
Aquatics Coordinator
Facility Coordinator
Parks & Rec Director
Park Maintenance Supervisor
Park Operations Manager
Parks & Rec Director
Senior Park Maintenance Worker
Assistant Urban Forester
Cemetery Coordinator
Sports Center Manager
Building Maintenance Craftsworker
Senior Craftsworker
Admin Services Technician
Park Attendant
Park Maintenance Craftsworker
Technology Services Mgr
Librarian
Library Manager
Cemetery Maintenance Worker
Administrative Assistant
Administrative Assistant
Library Director
Library Assistant I
Library Assistant II
Exhibit A
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 10, Packet Page 252 FUND/DEPT/DIVISION 4101 - SALARIES 4150 - FRINGE BENEFITS 4155 - RETIREMENT BENEFITS TOTAL INCREASE 101-010-0100 $3,000.00 $3,000.00
101-020-0210 $1,642.26 $2,423.81 $210.70 $4,276.77
101-020-0211 $400.90 $605.81 $39.41 $1,046.12
101-020-0321 $1,722.91 $1,224.98 $221.05 $3,168.94
101-050-0500 $10,823.47 $2,556.94 $1,225.70 $14,606.11
101-060-0600 $14,031.04 $3,803.50 $1,379.25 $19,213.80
101-110-1110 $12,543.99 $1,399.02 $1,349.26 $15,292.27
101-110-1120 $17,354.46 $4,451.64 $2,226.59 $24,032.69
101-110-1130 $49,694.91 $6,120.54 $5,631.45 $61,446.90
101-210-2110 $8,721.98 $3,126.47 $1,911.82 $13,760.27
101-210-2120 $32,104.20 $27,457.57 $5,288.26 $64,850.03 101-210-2130 $49,459.74 $9,117.07 $5,832.66 $64,409.47
101-210-2140 $4,662.24 $4,867.59 $899.27 $10,429.10
101-250-2510 $151,461.94 $37,247.38 $30,005.95 $218,715.27 101-250-2520 $1,200.00 $1,200.00
101-250-2530 $315,720.00 $144,647.46 $42,748.50 $503,115.96 101-250-2540 $600.00 $600.00
101-310-3110 $11,476.25 $3,783.54 $1,244.30 $16,504.09
101-310-3121 $3,101.11 $9,044.97 $397.88 $12,543.96
101-310-3151 $14,745.20 $5,051.95 $1,879.61 $21,676.76
101-310-3152 $4,069.05 $3,059.00 $522.07 $7,650.11
101-310-3172 $53,834.52 $6,780.60 $6,189.76 $66,804.88
101-400-4300 $142.49 $602.07 $18.28 $762.83
101-400-4305 $12,311.86 $3,178.52 $1,557.47 $17,047.85
101-400-4400 $36,551.13 $8,329.98 $4,186.07 $49,067.18
101-400-4410 $1,899.82 $3,627.55 $243.75 $5,771.12
101-500-5110 $4,232.81 $3,061.37 $467.77 $7,761.96
101-500-5121 $1,200.00 $1,200.00
101-500-5122 $600.00 $600.00
101-500-5124 $600.00 $600.00
101-500-5130 $600.00 $600.00
101-500-5160 $600.00 $600.00
101-500-5180 $4,432.15 $4,864.26 $435.68 $9,732.10
101-500-5189 $442.51 $1,206.42 $56.77 $1,705.70
101-500-5210 $12,151.42 $11,576.47 $1,408.45 $25,136.34 101-500-5220 $612.34 $608.88 $78.56 $1,299.78
101-500-5230 $1,234.78 $1,817.91 $158.42 $3,211.11
101-550-5510-ADMN $3,377.96 $1,848.98 $332.05 $5,558.99 101-550-5530-REFE $5,400.00 $5,400.00
101-550-5610 $499.02 $7.24 $49.05 $555.31
101-600-6210 $1,722.91 $1,224.98 $221.05 $3,168.94
101-600-6220 $600.00 $600.00
101-600-6231 $12,574.32 $4,382.33 $1,323.43 $18,280.08
101-600-6232 $566.50 $608.59 $58.26 $1,233.35
216-310-3110 $600.00 $600.00
262-500-5210 $1,059.74 $15.36 $118.91 $1,194.01
270-400-4305 $474.95 $6.89 $60.94 $542.78
270-400-4310 $474.95 $6.89 $60.94 $542.78
279-310-3153 $14,979.55 $3,217.19 $1,533.08 $19,729.83
280-310-3121 $1,200.00 $1,200.00
280-310-3155 $2,387.82 $1,234.63 $271.05 $3,893.49
600-310-3310 $1,800.00 $1,800.00
600-310-3320 $718.85 $1,810.42 $84.92 $2,614.19
600-310-3330 $1,800.00 $1,800.00
610-500-5240 $1,140.09 $1,216.53 $146.28 $2,502.89
625-310-3510 $3,404.84 $3,649.37 $436.84 $7,491.05
625-310-3520 $4,200.00 $4,200.00
625-310-3530 $2,733.12 $5,439.64 $313.97 $8,486.73
625-310-3540 $2,229.70 $2,432.34 $269.74 $4,931.78
Exhibit B
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 11, Packet Page 253 625-500-5210 $445.61 $606.46 $57.17 $1,109.24
650-310-3110-IDCP $1,693.64 $1,228.47 $251.94 $3,174.05 650-310-3151-IDCP $2,519.09 $1,236.53 $252.21 $4,007.83 650-310-3152-IDCP $30,356.74 $23,240.54 $3,657.31 $57,254.59 650-310-3159-IDCP $8,211.41 $3,719.07 $877.83 $12,808.31 650-310-3163-IDCP $1,578.38 $2,423.27 $205.87 $4,207.52 650-310-3164-IDCP $797.62 $1,211.57 $102.33 $2,111.52
708-310-3154 $2,407.05 $5,434.90 $248.94 $8,090.89
710-030-0340 $3,876.57 $6,065.76 $447.54 $10,389.87
715-060-0612 $8,074.84 $717.14 $793.76 $9,585.73
716-110-1143 $8,208.52 $1,319.02 $949.70 $10,477.24
807-310-3410 $600.00 $600.00
807-310-3420 $718.85 $10.42 $84.92 $814.19
807-400-4300 $3,911.28 $1,256.71 $435.38 $5,603.38
GRAND TOTAL $952,725.39 $415,814.49 $131,460.12 $1,500,000.00 Exhibit B
Council Regular Meeting, 8/20/2024, Item No. 11., Item Page 12, Packet Page 254 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared by: Nat Rojanasathira, Assistant City Manager
SUBJECT: Receive Update on the 2024 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive an update on the 2024 City Staff Work Program.

VALUE DRIVERS:

Foster a local government that is transparent and collaborative; and solicits, welcomes and appreciates input from all.

POLICY IMPLICATIONS:

Receiving an update on the 2024 City Staff Work Program supports the Council’s value driver of “fostering a local government that is transparent and collaborative; and solicits, welcomes, and appreciates input from all.”
CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Date: 8/20/2024
Item No.: 12.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 1, Packet Page 255 The City Council could choose not to receive an update on the 2024 City Staff Work Program; however, this is not recommended.

DISCUSSION:

Twice a year, the City’s executive team and staff refine its list of major initiatives and priorities.

Short and long-term policies, programs, and projects that are not part of the City’s routine service delivery are items that make up the City Staff Work Program. Each work program item falls into one of the City’s Strategic Priorities. These are typically presented to the City Council in January and August. At its regular meeting on August 20, 2024, the City Council is expected to receive this update on the 2024 City Staff Work Program (Attachment 1) which are categorized based on the City’s Value Drivers and Strategic Priorities.

This discussion is part of the Monterey City Council's ongoing effort to review and discuss the City’s priorities for the year, which has taken place since 2020.

The City has established cascading goals, where the:
 Vision is a description of Monterey’s “desired future,”  Mission identifies the role of the City of Monterey in pursuing the City’s Vision;  Value Drivers identifies what is important to the community to support the City’s Mission;  Strategic Priorities describes how the City can advance its goals in support of the Value Drivers; and the
 City Staff Work Program is a set of specific program, policy, or projects that support the City’s Strategic Priorities.

Attachment: 1. 2024 City Staff Work Program, Updated August 2024 Writings distributed for discussion or consideration on this agenda item, pursuant to Government Code § 54957.5, are posted at https://monterey.org/Submitted-Comments within 72 hours of the meeting.

Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 2, Packet Page 256 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers,
Strategic Priorities, and
2024 City Staff Work Program
Monterey City Council
August 2024
Council Regular Meeting, 8/20/2024, Item No. 12., Item Page 3, Packet Page 257 ATTACHMENT 2

CITY OF MONTEREY
Vision, Mission, Value Drivers, Strategic Priorities, and 2024 City Staff Work Program Updated August 2024

Page 2 ends

Monterey City CouncilAugust 20, 2024

Monterey City Council
August 20, 2024