Agenda — Pacifica City Council, July 10, 2023 (part 1 of 3)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Regular Meeting 1 July 10, 2023
SPECIAL and REGULAR MEETING
July 10, 2023 (MONDAY)
www.cityofpacifica.org
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• Live Remote Public Comments (offered on a pilot basis):
• Join Zoom Webinar: https://pacifica-gov.zoom.us/j/81156158241 • OR Dial-in: 1-669-900-6833 | Webinar ID: 811 5615 8241 o Press * 9 to raise your hand to request to speak.
o Press * 6 to unmute when called upon to speak by the last 4-digits of your phone #. • When the Mayor announces the Agenda Item on which you would like to comment, raise your hand in Zoom. You will be called upon my screenname or last 4-digits of phone number if dialing in. Please mute any background sound and state your full name at the start of your comment.

Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:

BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public Comment on Item Not on Agenda” in the Subject Line
• Include the submitter’s full name
Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.

AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff.

City Council Regular Meeting 2 July 10, 2023
6:30 PM - CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS - Government Code section 54957.6 - Agency designated representatives: Mark Wilson of Burke, Williams, and Sorenson; Employee organizations: Fire Battalion Chiefs, IAFF Local 2400; Fire Fighters, IAFF Local 240; Management Unit, Teamsters Local 350 ; Miscellaneous Employee, Teamster Local 856; Pacifica Police Officers Association; Police Mgmnt (PPMA) & Police Supervisors (PPSA); Wastewater Treatment Plant Teamsters Local 856
7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Councilmember Boles
Closed Session Report

SPECIAL PRESENTATIONS
A. Life Buoy Project Appreciation and Recognition of the Arunay Foundation and Sharmistha Pruthi for their funding and support to Sea Valor and the Pacifica the Life Buoy Project

CONSENT CALENDAR
Persons wishing to address the Council on any Consent Calendar item may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any item listed on the agenda should submit a speaker card to the City Clerk.

Items on the consent calendar will be adopted by one motion unless a Councilmember requests, before the vote on the motion, to have an item discussed. Time limit on comments is three minutes or less.

1. Approval of Disbursements for Dated 6/01/23 through 6/30/23.

PROPOSED ACTION: Receive and file the Monthly Check Register Report for the month of June 2023
City Council Regular Meeting 3 July 10, 2023

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special and Regular Meeting held on June 26, 2023.

3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.

PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.

PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

5. Resolutions Approving the Memorandums of Understanding (MOUs) between the City of Pacifica and the following represented labor groups: 1) Pacifica Battalion Chiefs, IAFF Local 2400; 2) Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400; 3) Management Employees Teamsters Local 350; 4) Teamsters Union Local 856 Miscellaneous; 5) Pacifica Police Officers Association; 6) Pacifica Police Management Association; and 7) Pacifica Police Supervisors Association for the period of July 1, 2023 through June 30, 2025.

PROPOSED ACTION: Adopt resolutions approving the Memorandum of Understanding between the City of Pacifica and: 1) Pacifica Battalion Chiefs, IAFF Local 2400; 2) Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400; 3) Management Employees Teamsters Local 350; 4) Teamsters Union Local 856 Miscellaneous; 5) Pacifica Police Officers Association; 6) Pacifica Police Management Association; and 7) Pacifica Police Supervisors Association; for the period of July 1, 2023 through June 30, 2025, including the revised salary schedule effective July 1, 2023 and July 1, 2024. After Council approval, staff will ensure the MOUs are properly cleaned up, and all technical corrections are made, including any remaining typos, fixing the tables of contents, finalizing the documents for signature, and eventually posting online.

6. Resolution of the City Council of the City of Pacifica Accepting the Report of Sewer Service Charges for Fiscal Year 2023-2024 and Directing the Filing of Charges for Collection by the County Controller.

PROPOSED ACTION: Move to adopt the proposed "Resolution of the City Council of the City of Pacifica accepting the report of Sewer Service Charges for Fiscal Year 2023-2024, and directing the filing of charges for collection by the County Controller" to place the assessment charges on the County of San Mateo Property Tax Roll.

7. Resolution of the City of Pacifica City Council Approving the Application for Grant Funds from the California State Parks Recreational Trails Program PROPOSED ACTION: Adopt the Resolution entitled, "Resolution of the City Council of the City of Pacifica Approving the Application for Grant Funds from the California State Parks Recreational Trails Program to fund the Pacifica Bike Park." City Council Regular Meeting 4 July 10, 2023

8. First Amendment to Master Consultant Services Agreement between the City of Pacifica and Hines EDM for Scanning and Digitization of City Records PROPOSED ACTION: Adopt a Resolution Approving the First Amendment to Master Consultant Services Agreement between the City of Pacifica and Hines EDM for scanning and digitization of City records and ongoing scanning services in connection with the City’s Records and Information Management Program Policy to extend the term to 6/30/2024, increase the Cost Ceiling from $110,000 to $150,000 and update the pricing / cost schedule; and authorize the City Manager to execute all documents related with the project.

9. Adopt a Resolution to authorize the City Manager to extend the Master Agreement and execute Task Order No. 4 to the Consultant Master Services Agreement with Group 4 Architecture Research + Planning for Architectural Services for the Civic Center Facilities Rehabilitation Project.

PROPOSED ACTION: Move to adopt the Resolution titled “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a First Amendment of the Consultant Services Master Agreement and Task Order No. 4 with Group 4 Architecture Research + Planning for Architectural Services” to extend the term of the Agreement to June 30, 2024 and to authorize Task Order No. 4 for Architectural Construction Administration Support for the Civic Center Facilities Rehabilitation Project in an amount not to exceed $184,075 and authorize a 15% contingency for a total budget authority of $211,600.

10. Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project – Task Order 2 – Fehr & Peers
PROPOSED ACTION: Adopt a Resolution Authorizing Task Order 2 between the City of Pacifica and Fehr & Peers for design services for the Esplanade Ave. and Palmetto Ave.

Bicycle & Pedestrian Improvement Project in the amount of $46,000 increasing the cost ceiling to an amount not to exceed $103,000.

11. Purchase Agreement between the City of Pacifica and Thomas & Associates for the purchase of Gorman-Rupp Model PA8E60-4045H FT4 8-inch Portable Pump Unit for the Linda Mar Stormwater Pump Station Rehabilitation Project.

PROPOSED ACTION: Adopt Resolution Approving the Purchase Agreement between the City of Pacifica and Thomas & Associates, via sole source, in the amount of $145,214.84 for the purchase of Gorman-Rupp Model PA8E60-4045H FT4 8-inch Portable Pump Unit for the Linda Mar Stormwater Pump Station Rehabilitation Project; authorize the City Manager to execute all documents related to the purchase.

12. Resolution - Approve Construction Service Agreement with Urban Water Proofing for Calera Creek Water Recycling Plant Roof Improvements Project PROPOSED ACTION: Adopt the Resolution entitled, "A Resolution of the City Council of the City of Pacifica Authorizing an Agreement for Construction Service Between the City of Pacifica and Urban Waterproofing for the Calera Creek Water Recycling Plant Roof Improvement Project" to approve the following actions for the Urban Water Proofing for Calera Creek Water Recycling Plant Roof Improvements Project:

A. Authorize the City Manager to Award and Execute a Construction Services Agreement City Council Regular Meeting 5 July 10, 2023
with Urban Water Proofing, Inc. in an amount of $55,000; and B. Approve a total project budget of $70,000 which includes approximately 27.3% of the Construction Contract amount or $15,000; and
C. Authorize staff to Execute Future Change Orders not to exceed the listed contingency amounts.

13. Resolution - Approve Construction Service Agreement with Telstar Instruments for Pump Stations SCADA and PLC Upgrade Project
PROPOSED ACTION: Adopt the Resolution entitled, "A Resolution of the City Council of the City of Pacifica Authorizing an Agreement for Construction Services between the City of Pacifica and Telstar Instruments for Pump Stations SCADA and PLC Upgrade Project" to approve the following actions for the Telstar Instruments for Pump Stations SCADA and PLC Upgrade Project:

A. Authorize the City Manager to Award and Execute a Construction Services Agreement with Telstar Instruments in an amount of $137,553; and
B. Approve a total project budget of $152,000 which includes approximately 10.5% of the Construction Contract amount or $14,447; and
C. Authorize staff to Execute Future Change Orders not to exceed the listed contingency amounts.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during this time, provided, however, that only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Public Comments on Items Not on the Posted Agenda. A maximum time of three minutes will be allowed for any speaker. Persons addressing the City Council shall adhere to time limits and not disrupt the conduct of the meeting, and not make threats against any person or the public order. The Mayor, or their designee, may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95 with confirmation from the City Attorney that removal is appropriate.

COUNCIL COMMUNICATIONS
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.

STAFF COMMUNICATIONS
The purpose of Staff Communications is for the City Manager to offer announcements as appropriate.

PUBLIC HEARINGS

14. Public hearing to consider oral and written protests received relating to amendment to the Pacifica Hotel Business Improvement District (BID) by amending the Pacifica Municipal Code Section 3-17.03; Introduction of Ordinance to amend Pacifica Municipal Code section 3-17.03 to remove provision for allocation of funds within thirty days and City Council Regular Meeting 6 July 10, 2023
replace the Pacifica Chamber of Commerce as the Managing Agency of the BID with the City of Pacifica
PROPOSED ACTION:
1) Conduct the public hearing;
2) Receive and consider any oral and/or written protests, if any; and 3) If less than majority of BID members protest, Introduce by title only and waive further reading of an ordinance amending Section 3-17.03 (Administration) of Chapter 17 (Hotel Business Improvement District) within Title 3 (Finance) of the Pacifica Municipal Code to remove provision for allocation of funds within thirty days and to replace the Pacifica Chamber of Commerce as the Managing Agency of the BID with the City of Pacifica.

CONSIDERATION

15. Pacifica Local Roadway Safety Plan
PROPOSED ACTION: Adopt a Resolution Adopting the Pacifica Local Roadway Safety Plan

16. Consideration of the Unrepresented Employee Group Revised Salary Schedule and Benefit Plan.

PROPOSED ACTION: Adopt the resolution approving the Unrepresented Employee Group Compensation and Benefits Plan for the period of July 1, 2023, through June 30, 2025, including the revised salary schedule effective July 1, 2023, and July 1, 2024.

17. Appointments to the Climate Action and Adaptation Plan Task Force PROPOSED ACTION: Move to appoint a minimum of nine (9) and maximum of eleven (11) applicants to the Climate Action and Adaptation Plan Task Force.

18. Consideration of Forming a City Council Ad-Hoc Subcommittee Regarding Aircraft Noise Issues and FAA Civil Aviation Noise Policy Review
PROPOSED ACTION:
1) Consider establishing a City Council Ad-Hoc Subcommittee of two Councilmembers related to aircraft noise issues;
2) If established, specify the purpose of the Ad-Hoc Subcommittee and appoint two Councilmembers.
3) Authorize the City Manager to submit a comment letter to the FAA on the Civil Aviation Noise Policy Review as recommended by the Ad Hoc Subcommittee prior to the comment period deadline of July 31, 2023.

19. Designation of Voting Delegate for League of California Cities Annual Conference PROPOSED ACTION: Designate a voting delegate and alternate(s) who will attend the 2023 League of California Cities (Cal Cities) Annual Conference General Assembly Meeting on Friday, September 22, 2023.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public City Council Regular Meeting 7 July 10, 2023
hearing. Judicial review of any city administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

The Pacifica Municipal Code is available online at the City’s website (www.cityofpacifica.org/municode);

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

Agendas are posted no later than Friday prior to the City Council meeting date, at the entrance to the City Hall location at the Pacifica Community Center, 540 Crespi Drive.

View on the Internet:

Follow the link to Council agenda, at www.cityofpacifica.org E-mail subscription:

Send a request to Sarah Coffey, at [email protected] City Clerk’s Office/City Manager’s Office
City Hall, 540 Crespi Drive
Council meetings:

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congresswoman Anna Eshoo, 698 Emerson Street, Palo Alto CA 94301 (650) 323-2984 • Senator Alex Padilla, B03 Russell Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Dianne Feinstein, #1 Post Street, Suite 2450, San Francisco CA 94104 (415) 393-0707 • President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500

CITY COUNCIL
• Mayor Tygarjas Bigstyck, tbigstyck@ pacifica.gov
• Mayor pro Tem Sue Vaterlaus, [email protected]
• Councilmember Sue Beckmeyer, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Christine Boles, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Approval of Disbursements for Dated 6/01/23 through 6/30/23.

RECOMMENDED ACTION:

Receive and file the Monthly Check Register Report for the month of June 2023 STAFF CONTACT:

Lucy Xie, Deputy Finance Director
(650) 738-7395
[email protected]
BACKGROUND/DISCUSSION:

Staff has submitted the following Monthly Check Register Report per California Government Code, Title 4, Division 3, Part 3, Chapter 3, Section 41004:
• Disbursements dated 6/01/23 through 6/30/23 are in the amount of $ 4,879,960.37 (Attachment 1).

FISCAL IMPACT:

There is no fiscal impact associated with acceptance of the Monthly Check Register Report.

ORIGINATED BY:

Finance Department
ATTACHMENT LIST:

Disbursements -FY 22-23 - 6-1 to 6-30-23 (PDF)
1 Packet Pg. 8
Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 1

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65171 133.00 06/02/23 OUTSTANDING SYSTEM 01812 KBA DOCUSYS 1 65172 390.24 06/02/23 OUTSTANDING SYSTEM 03700 KIMBALL MIDWEST 1 65173 17.49 06/02/23 OUTSTANDING SYSTEM 00001 LA, EMILY 1 65174 495.00 06/02/23 OUTSTANDING SYSTEM 00001 LAVEZZO, GIORGIO 1 65175 5100.00 06/02/23 OUTSTANDING SYSTEM 04724 MARK RESOLVE, INC. 1 65176 25.00 06/02/23 OUTSTANDING SYSTEM 00001 MARTINEZ, ERIC 1 65177 1469.10 06/02/23 OUTSTANDING SYSTEM 01142 MC MASTER-CARR SUPPLY COMPANY 1 65178 200.00 06/02/23 OUTSTANDING SYSTEM 01165 MILLER & O'BRIEN 1 65179 15524.38 06/02/23 OUTSTANDING SYSTEM 03955 MOFFATT & NICHOL 1 65180 25.00 06/02/23 OUTSTANDING SYSTEM 00001 MOORE, JANELLE 1 65181 1050.00 06/02/23 OUTSTANDING SYSTEM 00001 MORALES, BRYAN R. 1 65182 739.02 06/02/23 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 65183 371.37 06/02/23 OUTSTANDING SYSTEM 03981 NORTHERN SAFETY CO. INC 1 65184 217.88 06/02/23 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 65185 909.22 06/02/23 OUTSTANDING SYSTEM 01239 PACIFIC FIRE SAFE 1 65186 5615.00 06/02/23 OUTSTANDING SYSTEM 01249 PACIFICA CHAMBER OF COMMERCE 1 65187 13104.00 06/02/23 OUTSTANDING SYSTEM 01261 PACIFICA SCHOOL DISTRICT 1 65188 489.56 06/02/23 OUTSTANDING SYSTEM 01295 PETERSON 1 65189 149.09 06/02/23 OUTSTANDING SYSTEM 01317 PREFERRED ALLIANCE, INC. 1 65190 262.26 06/02/23 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 65191 2362.61 06/02/23 OUTSTANDING SYSTEM 00351 R.E. BORRMANN'S STEEL CO.INC. 1 65192 2268.93 06/02/23 OUTSTANDING SYSTEM 05838 RECOLOGY ORGANICS 1 65193 3733.30 06/02/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY CONTROLLER 1 65194 100.00 06/02/23 OUTSTANDING SYSTEM 04112 SAN MATEO COUNTY EMERGENCY MANAGERS ASSO 1 65195 450.00 06/02/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY SHERIFF 1 65196 450.00 06/02/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY SHERIFF Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 2

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65197 112.92 06/02/23 OUTSTANDING SYSTEM 01422 SAN MATEO ELECTRONIC SUPPLY 1 65198 473.00 06/02/23 OUTSTANDING SYSTEM 02483 SANTA ROSA JUNIOR COLLEGE 1 65199 72.33 06/02/23 OUTSTANDING SYSTEM 02182 SERVICE PRESS, INC. 1 65200 988.20 06/02/23 OUTSTANDING SYSTEM 00001 SMITH, BRANDON 1 65201 3928.00 06/02/23 OUTSTANDING SYSTEM 01531 ST. FRANCIS ELECTRIC, INC. 1 65202 1000.00 06/02/23 OUTSTANDING SYSTEM 02041 SUSTAINABLE SAN MATEO COUNTY 1 65203 1808.00 06/02/23 OUTSTANDING SYSTEM 01587 TELECOMMUNICATIONS ENGINEERING ASSOCIATE 1 65204 220.00 06/02/23 OUTSTANDING SYSTEM 00226 TOWN OF ATHERTON 1 65205 1989.30 06/02/23 OUTSTANDING SYSTEM 01636 TURBO DATA SYSTEMS, INC. 1 65206 241.71 06/02/23 OUTSTANDING SYSTEM 01647 ULINE SHIPPING SUPPLY SPECIALISTS 1 65207 1472.37 06/02/23 OUTSTANDING SYSTEM 02922 UNLIMITED TOOL REPAIR AND FABRICATION. 1 65208 405.91 06/02/23 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 65209 1208.92 06/02/23 OUTSTANDING SYSTEM 03835 US FOODS, INC

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Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65210 1045.30 06/02/23 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS 1 65211 73.19 06/02/23 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL 1 65212 43.00 06/02/23 OUTSTANDING SYSTEM 05860 WHITAKER, MARVIN R. JR 1 65213 260.56 06/02/23 OUTSTANDING SYSTEM 00094 ADAM-HILL COMPANY, THE 1 65214 75582.78 06/02/23 OUTSTANDING SYSTEM 04584 AECOM TECHNICAL SERVICES INC 1 65215 206.65 06/02/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 65216 422.00 06/02/23 OUTSTANDING SYSTEM 05556 AMERICAN DEBRIS BOX SERVICE INC. 1 65217 468.00 06/02/23 OUTSTANDING SYSTEM 00175 AMERICAN RED CROSS 1 65218 127.64 06/02/23 OUTSTANDING SYSTEM 00009 AT&T
1 65219 129.69 06/02/23 OUTSTANDING SYSTEM 00009 AT&T MOBILITY 1 65220 200.00 06/02/23 OUTSTANDING SYSTEM 04561 AVINA, ANGEL 1 65221 37.00 06/02/23 OUTSTANDING SYSTEM 05862 BADGE FRAME, INC. 1 65222 498.23 06/02/23 OUTSTANDING SYSTEM 00293 BEARING AGENCIES INC Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 3

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65223 1800.00 06/02/23 OUTSTANDING SYSTEM 05414 BEECHER ENGINEERING, INC. 1 65224 264.62 06/02/23 OUTSTANDING SYSTEM 00001 BLAKE, BETINA 1 65225 974.92 06/02/23 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 65226 6635.64 06/02/23 OUTSTANDING SYSTEM 04715 BROADCAST MICROWAVE SERVICES 1 65227 26669.69 06/02/23 OUTSTANDING SYSTEM 05658 BSK ASSOCIATES 1 65228 9586.11 06/02/23 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 65229 210.00 06/02/23 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 65230 37297.70 06/02/23 OUTSTANDING SYSTEM 03745 CASEY CONSTRUCTION, INC 1 65231 3036.00 06/02/23 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 65232 1361.21 06/02/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 65233 481.23 06/02/23 OUTSTANDING SYSTEM 02168 COMCAST 1 65234 1963.90 06/02/23 OUTSTANDING SYSTEM 01374 CORE & MAIN 1 65235 108.00 06/02/23 OUTSTANDING SYSTEM 04000 CRIME SCENE CLEANERS, INC. 1 65236 3795.84 06/02/23 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 65237 579.49 06/02/23 OUTSTANDING SYSTEM 03590 DASH MEDICAL GLOVES 1 65238 31.03 06/02/23 OUTSTANDING SYSTEM 02614 DISH
1 65239 309.20 06/02/23 OUTSTANDING SYSTEM 00758 EXPERIAN 1 65240 6420.00 06/02/23 OUTSTANDING SYSTEM 04709 FACILITRON 1 65241 7.00 06/02/23 OUTSTANDING SYSTEM 03047 FASTRAK VIOLATION PROCESSING DEPARTMENT 1 65242 1300.00 06/02/23 OUTSTANDING SYSTEM 02092 FELIX RICH 1 65243 491.00 06/02/23 OUTSTANDING SYSTEM 00001 FERREIRA, WILLIAM 1 65244 3643.88 06/02/23 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 65245 2075.00 06/02/23 OUTSTANDING SYSTEM 03930 FREYER & LAURETA, INC. 1 65246 2904.73 06/02/23 OUTSTANDING SYSTEM 00872 GRAINGER 1 65247 4779.95 06/02/23 OUTSTANDING SYSTEM 04131 HDL SOFTWARE, LLC 1 65248 277.95 06/02/23 OUTSTANDING SYSTEM 04850 HOME DEPOT USA, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 4

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME

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Packet Pg. 10
Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65249 500.00 06/09/23 OUTSTANDING SYSTEM 05861 JOBELEPHANT.COM INC. 1 65250 678.59 06/09/23 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 65251 4693.00 06/09/23 OUTSTANDING SYSTEM 05837 JOSE R. VERAZA 1 65252 84.91 06/09/23 OUTSTANDING SYSTEM 01812 KBA DOCUSYS 1 65253 100.00 06/09/23 OUTSTANDING SYSTEM 00001 LANGI, LOUIS 1 65254 1000.76 06/09/23 OUTSTANDING SYSTEM 01095 LINDA MAR HARDWARE 1 65255 185.59 06/09/23 OUTSTANDING SYSTEM 01007 MATCO TOOLS 1 65256 172.69 06/09/23 OUTSTANDING SYSTEM 03399 MISSION VALLEY FORD TRUCK SALES INC 1 65257 2200.00 06/09/23 OUTSTANDING SYSTEM 03430 MOUNTAINTOP INSIGHT CONSULTING 1 65258 350.00 06/09/23 OUTSTANDING SYSTEM 01378 MUSCIO ELECTRIC 1 65259 495.00 06/09/23 OUTSTANDING SYSTEM 01378 MUSCIO SECURITY 1 65260 739.02 06/09/23 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC. 1 65261 69550.25 06/09/23 OUTSTANDING SYSTEM 04632 NICHOLS CONSULTING ENGINEERS, CHTD 1 65262 905.52 06/09/23 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 65263 200.00 06/09/23 OUTSTANDING SYSTEM 03391 NORTH STATE ENVIRONMENTAL 1 65264 139.85 06/09/23 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 65265 5688.00 06/09/23 REISSUE SYSTEM 06/15/23 05238 PAGEFREEZER SOFTWARE INC. 1 65266 105.89 06/09/23 OUTSTANDING SYSTEM 00054 PAPE MACHINERY 1 65267 618.48 06/09/23 OUTSTANDING SYSTEM 01295 PETERSON 1 65268 26534.81 06/09/23 OUTSTANDING SYSTEM 01309 POLYDYNE INC. 1 65269 243.53 06/09/23 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 65270 10511.35 06/09/23 OUTSTANDING SYSTEM 04026 RANEY PLANNING AND MANAGEMENT, INC 1 65271 317.57 06/09/23 OUTSTANDING SYSTEM 01423 SAN MATEO LAWN MOWER SHOP 1 65272 90.19 06/09/23 OUTSTANDING SYSTEM 01461 SERRAMONTE FORD INC. 1 65273 891.92 06/09/23 OUTSTANDING SYSTEM 01546 STERICYCLE 1 65274 500.00 06/09/23 OUTSTANDING SYSTEM 05863 SUNNEVA GOUNALAKIS Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 5

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65275 551.20 06/09/23 OUTSTANDING SYSTEM 02642 T-MOBILE CORPORATION 1 65276 940.81 06/09/23 OUTSTANDING SYSTEM 04271 TRAFFIC AND PARKING CONTROL CO, INC 1 65277 158.38 06/09/23 OUTSTANDING SYSTEM 01637 TURF & INDUSTRIAL EQUIPMENT CO 1 65278 300.20 06/09/23 OUTSTANDING SYSTEM 04418 U.S. BANK EQUIPMENT FINANCING, INC. 1 65279 4209.19 06/09/23 OUTSTANDING SYSTEM 01653 UNITED RENTALS (NORTH AMERICA) 1 65280 269.00 06/09/23 OUTSTANDING SYSTEM 01661 UPS STORE #1906 1 65281 2149.39 06/09/23 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 65282 3182.25 06/09/23 OUTSTANDING SYSTEM 01684 VERIZON WIRELESS 1 65283 2023.11 06/09/23 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL 1 65284 2000.00 06/09/23 OUTSTANDING SYSTEM 05864 ALBERIC RIVERA 1 65285 1325.48 06/09/23 OUTSTANDING SYSTEM 00138 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. 1 65286 7088.99 06/09/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 65287 1175.29 06/09/23 OUTSTANDING SYSTEM 05005 AMERICAN TRANSIT SUPPLY 1 65288 4778.74 06/09/23 OUTSTANDING SYSTEM 00217 ASSOCIATION OF BAY AREA GOVERNMENTS 1 65289 411.33 06/09/23 OUTSTANDING SYSTEM 00225 ATCO INTERNATIONAL 1 65290 1302.00 06/09/23 OUTSTANDING SYSTEM 04880 BLADES GROUP, LLC 1 65291 45418.89 06/09/23 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP

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Packet Pg. 11
Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65292 110.00 06/09/23 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 65293 5257.20 06/09/23 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 65294 603.18 06/09/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 65295 55.00 06/09/23 OUTSTANDING SYSTEM 05082 COASTSIDE NEWS GROUP, INC. 1 65296 165.00 06/09/23 OUTSTANDING SYSTEM 05082 COLUMN, PBC 1 65297 698.46 06/09/23 OUTSTANDING SYSTEM 02168 COMCAST 1 65298 189.35 06/09/23 OUTSTANDING SYSTEM 02168 COMCAST 1 65299 44214.00 06/09/23 OUTSTANDING SYSTEM 00022 COUNTY OF SAN MATEO 1 65300 7458.17 06/09/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 6

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65301 35385.00 06/09/23 OUTSTANDING SYSTEM 00645 DAVEY TREE EXPERT COMPANY 1 65302 2000.00 06/09/23 OUTSTANDING SYSTEM 05865 DAVID MCKOWN 1 65303 2000.00 06/09/23 OUTSTANDING SYSTEM 05866 DAVID STINNETT 1 65304 74.36 06/09/23 OUTSTANDING SYSTEM 04275 EKI ENVIRONMENT & WATER, INC 1 65305 14.00 06/09/23 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 65306 1464.75 06/09/23 OUTSTANDING SYSTEM 03006 FEHR PEERS 1 65307 121.58 06/09/23 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 65308 450.00 06/09/23 OUTSTANDING SYSTEM 00001 HIGGINS, JEFF 1 65309 352.00 06/09/23 OUTSTANDING SYSTEM 05469 BCC BENEFIT COORDINATORS CORPORATION 1 65310 19225.10 06/09/23 OUTSTANDING SYSTEM 05469 BCC BENEFIT COORDINATORS CORPORATION 1 65311 9503.25 06/09/23 OUTSTANDING SYSTEM 03741 BENEFIT COORDINATORS CORPORATION 1 65312 29.50 06/09/23 OUTSTANDING SYSTEM 01757 CALIFORNIA ASSN OF PROFESSIONAL FIREFIGH 1 65313 242.76 06/09/23 OUTSTANDING SYSTEM 00814 CALIFORNIA STATE DISBURSEMENT UNIT 1 65314 192.00 06/09/23 OUTSTANDING SYSTEM 00814 CALIFORNIA STATE DISBURSEMENT UNIT 1 65315 702.00 06/09/23 OUTSTANDING SYSTEM 01757 CLEA
1 65316 100.00 06/09/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 65317 778.37 06/09/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS UNION 1 65318 720.00 06/09/23 OUTSTANDING SYSTEM 01759 PACIFICA POLICE OFFICERS ASSOCIATION 1 65319 180.00 06/09/23 OUTSTANDING SYSTEM 01760 PACIFICA POLICE OFFICERS SAVINGS 1 65320 420.00 06/09/23 OUTSTANDING SYSTEM 01769 PACIFICA POLICE SUPERVISORS ASSOCIATION 1 65321 1464.87 06/09/23 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF Local 2400 1 65322 92.00 06/09/23 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS PAC 1 65323 819.00 06/09/23 OUTSTANDING SYSTEM 01768 TEAMSTERS LOCAL #350 1 65324 2607.00 06/09/23 OUTSTANDING SYSTEM 01764 TEAMSTERS LOCAL #856 1 65325 3717.92 06/09/23 OUTSTANDING SYSTEM 01766 VISION SERVICE PLAN-CA 1 65326 17.32 06/09/23 OUTSTANDING SYSTEM 01766 VISION SERVICE PLAN-CA Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 7

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65327 321500.83 06/09/23 OUTSTANDING SYSTEM 05495 W.E. LYONS CONSTRUCTION CO. 1 65328 1923500.00 06/15/23 OUTSTANDING SYSTEM 04913 STATE TREASURY'S CONDEMNATION DEPOSITS F 1 65329 4340.71 06/16/23 OUTSTANDING SYSTEM 00009 AT&T

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Packet Pg. 12
Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65330 323.83 06/16/23 OUTSTANDING SYSTEM 00094 ADAM-HILL COMPANY, THE 1 65331 636.18 06/16/23 OUTSTANDING SYSTEM 00045 ALBERTSONS / SAFEWAY 1 65332 7460.00 06/16/23 OUTSTANDING SYSTEM 05830 ALEXANDER WILLIAM GREENWOOD II 1 65333 357.93 06/16/23 OUTSTANDING SYSTEM 00153 ALPINE AWARDS ACCOUNTING 1 65334 278.42 06/16/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 65335 336.00 06/16/23 OUTSTANDING SYSTEM 00175 AMERICAN RED CROSS 1 65336 4500.00 06/16/23 OUTSTANDING SYSTEM 05737 ANDREW FROST 1 65337 734.08 06/16/23 OUTSTANDING SYSTEM 04459 ARROWHEAD FORENSICS 1 65338 85.00 06/16/23 OUTSTANDING SYSTEM 00001 ASSERETO, GINO 1 65339 44.79 06/16/23 OUTSTANDING SYSTEM 00009 AT&T LONG DISTANCE 1 65340 1165.43 06/16/23 OUTSTANDING SYSTEM 00293 BEARING AGENCIES INC 1 65341 95.00 06/16/23 OUTSTANDING SYSTEM 05127 BLEYLE ELEVATOR, INC. 1 65342 328.13 06/16/23 OUTSTANDING SYSTEM 00343 BOLANDER & SONS, L. PH. 1 65343 7389.50 06/16/23 OUTSTANDING SYSTEM 05658 BSK ASSOCIATES 1 65344 7892.56 06/16/23 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 65345 41.92 06/16/23 OUTSTANDING SYSTEM 00454 CAL-STEAM INC.#2504 1 65346 4950.00 06/16/23 OUTSTANDING SYSTEM 05483 CALIFORNIA CONSULTING, INC. 1 65347 155.00 06/16/23 OUTSTANDING SYSTEM 00398 CALIFORNIA POLICE CHIEFS ASSOCIATION 1 65348 302.00 06/16/23 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 65349 402.59 06/16/23 OUTSTANDING SYSTEM 02273 CAPITAL ONE TRADE CREDIT 1 65350 5251.18 06/16/23 OUTSTANDING SYSTEM 00488 CENTRISYS 1 65351 1872.18 06/16/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 65352 790.00 06/16/23 OUTSTANDING SYSTEM 00364 CITY 0F BRISBANE Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 8

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65353 820.34 06/16/23 OUTSTANDING SYSTEM 03246 COAST COUNTIES PETERBILT & COAST COUNTIE 1 65354 2136.00 06/16/23 OUTSTANDING SYSTEM 05082 COASTSIDE NEWS GROUP, INC. 1 65355 55.00 06/16/23 OUTSTANDING SYSTEM 05082 COASTSIDE NEWS GROUP, INC. 1 65356 313.50 06/16/23 OUTSTANDING SYSTEM 05082 COLUMN, PBC 1 65357 8380.00 06/16/23 OUTSTANDING SYSTEM 05341 CREATIVE DIGITAL AGENCY INC. 1 65358 1220.00 06/16/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 65359 1400.00 06/16/23 OUTSTANDING SYSTEM 05062 DARRYL PANG 1 65360 44040.00 06/16/23 OUTSTANDING SYSTEM 00645 DAVEY TREE EXPERT COMPANY 1 65361 106.90 06/16/23 OUTSTANDING SYSTEM 00001 DONGUINES, RAYMUND 1 65362 375.40 06/16/23 OUTSTANDING SYSTEM 02793 EAST PENN MANUFACTURING CO., INC 1 65363 924.00 06/16/23 OUTSTANDING SYSTEM 04274 EMCOR SERVICES 1 65364 781.28 06/16/23 OUTSTANDING SYSTEM 00745 ENVIRONMENTAL EXPRESS, INC. 1 65365 77.00 06/16/23 OUTSTANDING SYSTEM 00758 EXPERIAN 1 65366 21.00 06/16/23 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 65367 16090.47 06/16/23 OUTSTANDING SYSTEM 02767 FLYERS ENERGY, LLC 1 65368 329.63 06/16/23 OUTSTANDING SYSTEM 02213 GARRATT CALLAHAN 1 65369 6736.80 06/16/23 OUTSTANDING SYSTEM 00870 GOVCONNECTION, INC. 1 65370 440.33 06/16/23 OUTSTANDING SYSTEM 00872 GRAINGER 1 65371 30.64 06/16/23 OUTSTANDING SYSTEM 00892 HACH COMPANY 1 65372 5039.55 06/16/23 OUTSTANDING SYSTEM 00919 HERC RENTALS INC.

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1.a
Packet Pg. 13
Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65373 4156.75 06/16/23 OUTSTANDING SYSTEM 04859 HOME DEPOT CREDIT SERVICES 1 65374 65.00 06/16/23 OUTSTANDING SYSTEM 00978 INTERNATIONAL ASSOCIATION FOR PROPERTY 1 65375 209.13 06/16/23 OUTSTANDING SYSTEM 02252 INTERSTATE ALL BATTERY CENTER 1 65376 6086.16 06/16/23 OUTSTANDING SYSTEM 01014 JOHN THE SIGN GUY LLC 1 65377 335.00 06/16/23 OUTSTANDING SYSTEM 01027 K 119 OF CALIFORNIA 1 65378 749.90 06/16/23 OUTSTANDING SYSTEM 03700 KIMBALL MIDWEST Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 9

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65379 582.92 06/16/23 OUTSTANDING SYSTEM 01055 KONE INC 1 65380 311.72 06/16/23 OUTSTANDING SYSTEM 01070 LAURETTA PRINTING COMPANY 1 65381 111363.75 06/16/23 OUTSTANDING SYSTEM 05424 LIFFEY ELECTRIC, INC. 1 65382 2466.97 06/16/23 OUTSTANDING SYSTEM 01142 MC MASTER-CARR SUPPLY COMPANY 1 65383 2376.00 06/16/23 OUTSTANDING SYSTEM 05533 MCMILLAN ELECTRIC 1 65384 48150.75 06/16/23 OUTSTANDING SYSTEM 04944 MERCOZA 1 65385 105.00 06/16/23 OUTSTANDING SYSTEM 01378 MUSCIO ELECTRIC 1 65386 12713.32 06/16/23 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 65387 400.49 06/16/23 OUTSTANDING SYSTEM 03981 NORTHERN SAFETY CO. INC 1 65388 1169.20 06/16/23 OUTSTANDING SYSTEM 02486 O'REILLY AUTO PARTS 1 65389 593.29 06/16/23 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 65390 3679.50 06/16/23 OUTSTANDING SYSTEM 01238 PACIFIC ECORISK 1 65391 504.50 06/16/23 OUTSTANDING SYSTEM 01239 PACIFIC FIRE SAFE 1 65392 5688.00 06/16/23 OUTSTANDING SYSTEM 05238 PAGEFREEZER SOFTWARE INC. 1 65393 4334.84 06/16/23 OUTSTANDING SYSTEM 00054 PAPE MACHINERY 1 65394 18897.98 06/16/23 OUTSTANDING SYSTEM 05698 PARKSON CORPORATION 1 65395 6316.84 06/16/23 OUTSTANDING SYSTEM 01289 PENINSULA UNIFORMS & EQUIPMENT, INC 1 65396 189.00 06/16/23 OUTSTANDING SYSTEM 00001 PERHAM, SCOTT 1 65397 150.77 06/16/23 OUTSTANDING SYSTEM 04139 PET FOOD EXPRESS 1 65398 618.48 06/16/23 OUTSTANDING SYSTEM 03093 PETERSON TRUCKS,INC. 1 65399 1042.00 06/16/23 OUTSTANDING SYSTEM 00320 PLAN JPA 1 65400 11272.00 06/16/23 OUTSTANDING SYSTEM 02981 PRECISION TREE CARE 1 65401 1945.57 06/16/23 OUTSTANDING SYSTEM 01367 RICE TRUCKING SOIL FARM 1 65402 425.15 06/16/23 OUTSTANDING SYSTEM 01402 SAFETY-KLEEN CORP. 1 65403 5557.20 06/16/23 OUTSTANDING SYSTEM 00055 SAN MATEO COUNTY FORENSIC LAB 1 65404 4403.57 06/16/23 OUTSTANDING SYSTEM 01423 SAN MATEO LAWN MOWER SHOP Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 10

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65405 15662.04 06/16/23 OUTSTANDING SYSTEM 05690 SCA OF CA, LLC 1 65406 211.21 06/16/23 OUTSTANDING SYSTEM 02182 SERVICE PRESS, INC. 1 65407 188.41 06/16/23 OUTSTANDING SYSTEM 00002 SHELBY WRIGHT (PETTY CASH) 1 65408 5967.00 06/16/23 OUTSTANDING SYSTEM 01126 SIX FLAGS DISCOVERY KINGDOM 1 65409 135.00 06/16/23 OUTSTANDING SYSTEM 05576 STEVE KWON 1 65410 3044.51 06/16/23 OUTSTANDING SYSTEM 03785 THATCHER COMPANY INC 1 65411 377.03 06/16/23 OUTSTANDING SYSTEM 01077 TREE MANAGEMENT EXPERTS

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1.a
Packet Pg. 14
Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65412 1378.39 06/16/23 OUTSTANDING SYSTEM 04576 UNIVAR SOLUTIONS USA INC 1 65413 18010.54 06/16/23 OUTSTANDING SYSTEM 02527 UNIVERSAL BUILDING SERVICES 1 65414 183.36 06/16/23 OUTSTANDING SYSTEM 01661 UPS STORE #1906 1 65415 548.00 06/16/23 OUTSTANDING SYSTEM 01663 URBAN FARMER STORE, THE 1 65416 263.24 06/16/23 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 65417 5952.53 06/16/23 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 65418 11780.00 06/16/23 OUTSTANDING SYSTEM 05847 VOL-TEN CORP 1 65419 1232.16 06/16/23 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL 1 65420 22188.91 06/16/23 OUTSTANDING SYSTEM 01699 WAUSAU TILE, INC. 1 65421 314.99 06/16/23 OUTSTANDING SYSTEM 01707 WEST COAST CONTRACTORS SERVICES 1 65422 962.15 06/16/23 OUTSTANDING SYSTEM 02987 WESTERN STATES OIL CO. 1 65423 76.50 06/16/23 OUTSTANDING SYSTEM 05163 WEX HEALTH, INC. 1 65424 644.50 06/16/23 OUTSTANDING SYSTEM 01751 ZUMAR INDUSTRIES, INC. 1 65425 2100.67 06/23/23 OUTSTANDING SYSTEM 00009 AT&T
1 65426 517.00 06/23/23 OUTSTANDING SYSTEM 05867 ACTION ROAD SOLUTIONS LLC 1 65427 94.25 06/23/23 OUTSTANDING SYSTEM 00094 ADAM-HILL COMPANY, THE 1 65428 680.98 06/23/23 OUTSTANDING SYSTEM 00118 AIR EXCHANGE INC 1 65429 636.18 06/23/23 OUTSTANDING SYSTEM 00045 ALBERTSONS / SAFEWAY 1 65430 265.50 06/23/23 OUTSTANDING SYSTEM 04066 ALERT PEST CONTROL COMPANY INC Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 11

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65431 32.50 06/23/23 OUTSTANDING SYSTEM 00136 ALHAMBRA 1 65432 2837.19 06/23/23 OUTSTANDING SYSTEM 00138 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. 1 65433 360.00 06/23/23 OUTSTANDING SYSTEM 05760 AMANDA M ROBERTI 1 65434 1461.43 06/23/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 65435 358.00 06/23/23 OUTSTANDING SYSTEM 05556 AMERICAN DEBRIS BOX SERVICE INC. 1 65436 1719.00 06/23/23 OUTSTANDING SYSTEM 00174 AMERICAN PUBLIC WORKS ASSOCIATION 1 65437 137.41 06/23/23 OUTSTANDING SYSTEM 00223 AT WORK UNIFORMS 1 65438 504.04 06/23/23 OUTSTANDING SYSTEM 00009 AT&T
1 65439 203.21 06/23/23 OUTSTANDING SYSTEM 00009 AT&T MOBILITY 1 65440 4221.00 06/23/23 OUTSTANDING SYSTEM 00265 BAAQMD 1 65441 230.74 06/23/23 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 65442 1096.05 06/23/23 OUTSTANDING SYSTEM 04524 BRUECK, CYNTHIA 1 65443 47332.33 06/23/23 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 65444 110.00 06/23/23 OUTSTANDING SYSTEM 00011 C.W.E.A. 1 65445 6515.53 06/23/23 OUTSTANDING SYSTEM 00454 CAL-STEAM INC.#2504 1 65446 2675.00 06/23/23 OUTSTANDING SYSTEM 02145 CALIFORNIA ACADEMY OF SCIENCES 1 65447 140.00 06/23/23 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 65448 1572.00 06/23/23 OUTSTANDING SYSTEM 04899 CHARLES R. LEBAK 1 65449 8581.31 06/23/23 OUTSTANDING SYSTEM 00507 CHILDCARE CAREERS 1 65450 2032.62 06/23/23 OUTSTANDING SYSTEM 00508 CHRISP COMPANY 1 65451 60.56 06/23/23 OUTSTANDING SYSTEM 00510 CINTAS
1 65452 981.19 06/23/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 65453 300.00 06/23/23 OUTSTANDING SYSTEM 00813 CITY OF FOSTER CITY 1 65454 429.00 06/23/23 OUTSTANDING SYSTEM 05082 COLUMN, PBC

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1.a
Packet Pg. 15
Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65455 78.65 06/23/23 OUTSTANDING SYSTEM 02168 COMCAST 1 65456 9994.70 06/23/23 OUTSTANDING SYSTEM 04789 COMPUMERIC ENGINEERING INC Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 12

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65457 504.59 06/23/23 OUTSTANDING SYSTEM 04677 CORODATA RECORDS MANAGEMENT INC 1 65458 11736.00 06/23/23 OUTSTANDING SYSTEM 00595 COTTON, SHIRES & ASSOCIATES, INC. 1 65459 2645.20 06/23/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 65460 22906.65 06/23/23 OUTSTANDING SYSTEM 00622 CURTIS & SONS, L.N. 1 65461 450.00 06/23/23 OUTSTANDING SYSTEM 00001 DA ROZA, JOHN PAUL 1 65462 3795.84 06/23/23 OUTSTANDING SYSTEM 00025 DALY CITY/CITY OF 1 65463 1369.50 06/23/23 OUTSTANDING SYSTEM 00690 DU-ALL SAFETY, LLC 1 65464 50439.00 06/23/23 OUTSTANDING SYSTEM 05687 ELLIS INVESTIGATIONS LAW CORPORATION 1 65465 31.00 06/23/23 OUTSTANDING SYSTEM 03047 FASTRAK INVOICE PROCESSING DEPT 1 65466 21.73 06/23/23 OUTSTANDING SYSTEM 00773 FEDEX
1 65467 1263.00 06/23/23 OUTSTANDING SYSTEM 03006 FEHR PEERS 1 65468 65323.30 06/23/23 OUTSTANDING SYSTEM 04369 GHD INC. 1 65469 525.00 06/23/23 OUTSTANDING SYSTEM 05581 GOVERNMENT TRAINING AGENCY 1 65470 1548.38 06/23/23 OUTSTANDING SYSTEM 00872 GRAINGER 1 65471 59758.94 06/23/23 OUTSTANDING SYSTEM 03616 GROUP 4 ARCHITECTURE RESEARCH PLANNING I 1 65472 211.20 06/23/23 OUTSTANDING SYSTEM 00926 HILTON IRENE 1 65473 571.03 06/23/23 OUTSTANDING SYSTEM 04850 HOME DEPOT USA, INC. 1 65474 4400.92 06/23/23 OUTSTANDING SYSTEM 01027 K 119 OF CALIFORNIA 1 65475 190.00 06/23/23 OUTSTANDING SYSTEM 05333 KASEYA US LLC 1 65476 415.63 06/23/23 OUTSTANDING SYSTEM 01070 LAURETTA PRINTING COMPANY 1 65477 1878.49 06/23/23 OUTSTANDING SYSTEM 01095 LINDA MAR HARDWARE 1 65478 45.00 06/23/23 OUTSTANDING SYSTEM 00001 MARISCAL, JESSE 1 65479 6100.00 06/23/23 OUTSTANDING SYSTEM 05868 MICHAEL CRISTOFANI 1 65480 3309.11 06/23/23 OUTSTANDING SYSTEM 03955 MOFFATT & NICHOL 1 65481 408.51 06/23/23 OUTSTANDING SYSTEM 00001 MONTOYA, JASMINE 1 65482 2069.23 06/23/23 OUTSTANDING SYSTEM 04549 NAF SERVICES, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 13

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65483 36598.00 06/23/23 OUTSTANDING SYSTEM 04632 NICHOLS CONSULTING ENGINEERS, CHTD 1 65484 2000.00 06/23/23 OUTSTANDING SYSTEM 05870 NICK WELLISCH 1 65485 528.28 06/23/23 OUTSTANDING SYSTEM 01217 OFFICE DEPOT 1 65486 1330.30 06/23/23 OUTSTANDING SYSTEM 02027 OLIVER PACKAGING AND EQUIPMENT COMPANY 1 65487 470.40 06/23/23 OUTSTANDING SYSTEM 00519 OMMM PACIFICA 1 65488 189737.73 06/23/23 OUTSTANDING SYSTEM 01240 PACIFIC GAS & ELECTRIC CO. 1 65489 217.50 06/23/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS ASSOCIATION 1 65490 1307.35 06/23/23 OUTSTANDING SYSTEM 01297 PARS
1 65491 800.00 06/23/23 OUTSTANDING SYSTEM 03160 PUBLIC PARKING ASSOCIATES, INC. 1 65492 145.75 06/23/23 OUTSTANDING SYSTEM 01336 QUILL CORPORATION

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1.a
Packet Pg. 16
Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65493 832.85 06/23/23 OUTSTANDING SYSTEM 01367 RICE TRUCKING SOIL FARM 1 65494 21047.11 06/23/23 OUTSTANDING SYSTEM 05774 RINCON CONSULTANTS INC 1 65495 87942.23 06/23/23 OUTSTANDING SYSTEM 04785 SAN MATEO COUNTY ASSESSOR/COUNTY CLERK/R 1 65496 3890.10 06/23/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY CONTROLLER 1 65497 5684.00 06/23/23 OUTSTANDING SYSTEM 00022 SAN MATEO COUNTY CONTROLLER 1 65498 148.54 06/23/23 OUTSTANDING SYSTEM 05197 SAN MATEO COUNTY MOSQUITO & VECTOR CONTR 1 65499 828.00 06/23/23 OUTSTANDING SYSTEM 03720 SAN MATEO DAILY JOURNAL 1 65500 197.00 06/23/23 OUTSTANDING SYSTEM 02483 SANTA ROSA JUNIOR COLLEGE 1 65501 155.58 06/23/23 OUTSTANDING SYSTEM 01126 SIX FLAGS DISCOVERY KINGDOM 1 65502 120.00 06/23/23 OUTSTANDING SYSTEM 05524 STEVEN MICHAEL EVANS JR 1 65503 2000.00 06/23/23 OUTSTANDING SYSTEM 05871 SUSAN CORBELLI 1 65504 2000.00 06/23/23 OUTSTANDING SYSTEM 05872 SUSANNA GARDNER 1 65505 8258.23 06/23/23 OUTSTANDING SYSTEM 01570 SYNAGRO WEST, LLC 1 65506 1535.94 06/23/23 OUTSTANDING SYSTEM 01615 TOM'S AUTO BODY & PAINT 1 65507 79.27 06/23/23 OUTSTANDING SYSTEM 00002 TRAYER, MICHELLE (PETTY CASH) 1 65508 958.77 06/23/23 OUTSTANDING SYSTEM 01636 TURBO DATA SYSTEMS, INC.

Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 14

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65509 506.50 06/23/23 OUTSTANDING SYSTEM 04418 U.S. BANK EQUIPMENT FINANCING, INC. 1 65510 2351.33 06/23/23 OUTSTANDING SYSTEM 04576 UNIVAR SOLUTIONS USA INC 1 65511 639.88 06/23/23 OUTSTANDING SYSTEM 05832 UPS STORE 1468 1 65512 1620.92 06/23/23 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 65513 3299.53 06/23/23 OUTSTANDING SYSTEM 01667 USA BLUE BOOK 1 65514 27999.70 06/23/23 OUTSTANDING SYSTEM 01722 WILSEY & HAM 1 65515 1965.00 06/23/23 OUTSTANDING SYSTEM 01725 WINTZELL YLVA 1 65516 1090.42 06/23/23 OUTSTANDING SYSTEM 01747 ZEP SALES & SERVICE 1 65517 192.00 06/23/23 OUTSTANDING SYSTEM 00814 CALIFORNIA STATE DISBURSEMENT UNIT 1 65518 242.76 06/23/23 OUTSTANDING SYSTEM 00814 CALIFORNIA STATE DISBURSEMENT UNIT 1 65519 200.00 06/23/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 65520 100.00 06/23/23 OUTSTANDING SYSTEM 00814 FRANCHISE TAX BOARD 1 65521 246.00 06/23/23 OUTSTANDING SYSTEM 01767 NPFBA
1 65522 870.37 06/23/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS UNION 1 65523 439.00 06/23/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS-LTD 1 65524 720.00 06/23/23 OUTSTANDING SYSTEM 01759 PACIFICA POLICE OFFICERS ASSOCIATION 1 65525 180.00 06/23/23 OUTSTANDING SYSTEM 01760 PACIFICA POLICE OFFICERS SAVINGS 1 65526 420.00 06/23/23 OUTSTANDING SYSTEM 01769 PACIFICA POLICE SUPERVISORS ASSOCIATION 1 65527 1464.87 06/23/23 OUTSTANDING SYSTEM 01758 SMC FIREFIGHTERS IAFF Local 2400 1 65528 2607.00 06/23/23 OUTSTANDING SYSTEM 01764 TEAMSTERS LOCAL #856 1 65529 52431.00 06/23/23 OUTSTANDING SYSTEM 01771 TEAMSTERS LOCAL 856 1 65530 118.00 06/29/23 OUTSTANDING SYSTEM 04066 ALERT PEST CONTROL COMPANY INC 1 65531 683.22 06/29/23 OUTSTANDING SYSTEM 00138 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. 1 65532 18.66 06/29/23 OUTSTANDING SYSTEM 04980 AMAZON.COM SALES, INC. 1 65533 333.24 06/29/23 OUTSTANDING SYSTEM 00009 AT&T MOBILITY 1 65534 10363.23 06/29/23 OUTSTANDING SYSTEM 03634 BAY POWER LLC GENERATOR SYSTEM DESIGN AN Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 15

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Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23)

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65535 581.71 06/29/23 OUTSTANDING SYSTEM 00293 BEARING AGENCIES INC 1 65536 2000.00 06/29/23 OUTSTANDING SYSTEM 05877 BETTY DUERR 1 65537 4363.11 06/29/23 OUTSTANDING SYSTEM 00335 BLUE RIBBON SUPPLY COMPANY 1 65538 200.00 06/29/23 OUTSTANDING SYSTEM 02118 BOOTZIN/ALEX 1 65539 8167.50 06/29/23 OUTSTANDING SYSTEM 05463 BRETT STOLLENWERK 1 65540 103399.81 06/29/23 OUTSTANDING SYSTEM 02502 BURKE WILLIAMS AND SORENSEN LLP 1 65541 2000.00 06/29/23 OUTSTANDING SYSTEM 05878 BYRON ELLIS 1 65542 600.00 06/29/23 OUTSTANDING SYSTEM 05443 CALIFORNIA SEWER ENGINEERING, INC 1 65543 352.00 06/29/23 OUTSTANDING SYSTEM 00014 CALIFORNIA STATE OF 1 65544 70.00 06/29/23 OUTSTANDING SYSTEM 01690 CALTEST ANALYTICAL LAB 1 65545 1177.17 06/29/23 OUTSTANDING SYSTEM 00510 CINTAS CORPORATION #464 1 65546 473.63 06/29/23 OUTSTANDING SYSTEM 02822 CITY AUTO SUPPLY 1 65547 55.00 06/29/23 OUTSTANDING SYSTEM 05082 COASTSIDE NEWS GROUP, INC. 1 65548 396.00 06/29/23 OUTSTANDING SYSTEM 05082 COLUMN, PBC 1 65549 580.00 06/29/23 OUTSTANDING SYSTEM 00022 COUNTY OF SAN MATEO 1 65550 13070.73 06/29/23 OUTSTANDING SYSTEM 00611 CSG CONSULTANTS, INC. 1 65551 9400.00 06/29/23 OUTSTANDING SYSTEM 02201 DISCOUNT PLUMBING, INC. 1 65552 60.98 06/29/23 OUTSTANDING SYSTEM 02614 DISH
1 65553 2671.17 06/29/23 OUTSTANDING SYSTEM 04354 DOOLEY ENTERPRISES, INC. 1 65554 11385.75 06/29/23 OUTSTANDING SYSTEM 02130 DRYCO CONSTRUCTION, INC. 1 65555 219.90 06/29/23 OUTSTANDING SYSTEM 00489 ENTERSECT 1 65556 70.74 06/29/23 OUTSTANDING SYSTEM 00001 FRY, HAYDEN 1 65557 372.16 06/29/23 OUTSTANDING SYSTEM 04369 GHD INC. 1 65558 29997.76 06/29/23 OUTSTANDING SYSTEM 05269 GOOD CITY COMPANY 1 65559 29808.18 06/29/23 OUTSTANDING SYSTEM 03616 GROUP 4 ARCHITECTURE RESEARCH PLANNING I 1 65560 30.64 06/29/23 OUTSTANDING SYSTEM 00892 HACH COMPANY Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 16

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65561 1181.73 06/29/23 OUTSTANDING SYSTEM 00927 HINDERLITER, DE LLAMAS & ASSOC 1 65562 4858.16 06/29/23 OUTSTANDING SYSTEM 04086 JACK DOHENY COMPANY 1 65563 2000.00 06/29/23 OUTSTANDING SYSTEM 05879 JOAN NOCETTI 1 65564 2553.20 06/29/23 OUTSTANDING SYSTEM 01027 K 119 OF CALIFORNIA 1 65565 2000.00 06/29/23 OUTSTANDING SYSTEM 05880 MARIA SOCORRO SOSA 1 65566 3060.00 06/29/23 OUTSTANDING SYSTEM 04724 MARK RESOLVE, INC. 1 65567 23.58 06/29/23 OUTSTANDING SYSTEM 00001 MOORE, JANELLE 1 65568 3615.00 06/29/23 OUTSTANDING SYSTEM 05369 MUCHMORE THAN CONSULTING, LLC 1 65569 4560.00 06/29/23 OUTSTANDING SYSTEM 03656 NORTH AMERICAN FENCE & RAILING 1 65570 1681.68 06/29/23 OUTSTANDING SYSTEM 01206 NORTH COAST COUNTY WATER DIST. 1 65571 1234.29 06/29/23 OUTSTANDING SYSTEM 02027 OLIVER PACKAGING AND EQUIPMENT COMPANY 1 65572 2000.00 06/29/23 OUTSTANDING SYSTEM 05881 ORLANDO KURZ 1 65573 6380.00 06/29/23 OUTSTANDING SYSTEM 01249 PACIFICA CHAMBER OF COMMERCE 1 65574 105.00 06/29/23 OUTSTANDING SYSTEM 01758 PACIFICA FIREFIGHTERS ASSOCIATION

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Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23) 1 65575 16102.50 06/29/23 OUTSTANDING SYSTEM 04651 PLAZO CONSTRUCTION 1 65576 1342.31 06/29/23 OUTSTANDING SYSTEM 01336 QUILL CORPORATION 1 65577 208.56 06/29/23 OUTSTANDING SYSTEM 01337 R & H WHOLESALE SUPPLY, INC. 1 65578 1442.76 06/29/23 OUTSTANDING SYSTEM 04026 RANEY PLANNING AND MANAGEMENT, INC 1 65579 5869.65 06/29/23 OUTSTANDING SYSTEM 03281 REGIONAL GOVERNMENT SERVICES 1 65580 10467.00 06/29/23 OUTSTANDING SYSTEM 04806 RICHARD SMITH 1 65581 700.00 06/29/23 OUTSTANDING SYSTEM 00055 SAN MATEO MEDICAL CENTER 1 65582 2866.97 06/29/23 OUTSTANDING SYSTEM 01450 SEAVIEW TIRE & BRAKE CENTER 1 65583 3542.40 06/29/23 OUTSTANDING SYSTEM 04860 SERRA YELLOW CAB 1 65584 3442.31 06/29/23 OUTSTANDING SYSTEM 04860 SERRA YELLOW CAB 1 65585 42.11 06/29/23 OUTSTANDING SYSTEM 01461 SERRAMONTE FORD INC. 1 65586 2000.00 06/29/23 OUTSTANDING SYSTEM 01501 SMELLY MEL'S PLUMBING Report: RECONCILE Generated: 12DEC22 14:37 Run: MONDAY JUL0323 9:14 Page: 17

CITY OF PACIFICA
FOR: 06/01/23 - 06/30/23 CHECK RECONCILIATION BANK: ALL ALL

PAYMENT RECONCILE
BANK CHECK # CHECK AMOUNT CHECK DATE CHECK STATUS TYPE DATE VENDOR # NAME 1 65587 382.81 06/29/23 OUTSTANDING SYSTEM 05876 SPECIALTY TRUCK PARTS INC. 1 65588 6699.20 06/29/23 OUTSTANDING SYSTEM 01531 ST. FRANCIS ELECTRIC, INC. 1 65589 1808.00 06/29/23 OUTSTANDING SYSTEM 01587 TELECOMMUNICATIONS ENGINEERING ASSOCIATE 1 65590 120000.00 06/29/23 OUTSTANDING SYSTEM 01607 TIDES CENTER-PACIFICA RES CTR 1 65591 83000.00 06/29/23 OUTSTANDING SYSTEM 01607 TIDES CENTER-PACIFICA RES CTR 1 65592 1700.00 06/29/23 OUTSTANDING SYSTEM 05874 TOLTECMEDIA 1 65593 162343.00 06/29/23 OUTSTANDING SYSTEM 05696 TW ASSOCIATES, LLC 1 65594 851.56 06/29/23 OUTSTANDING SYSTEM 01647 ULINE SHIPPING SUPPLY SPECIALISTS 1 65595 437.18 06/29/23 OUTSTANDING SYSTEM 01812 US BANK EQUIPMENT FINANCE 1 65596 3510.12 06/29/23 OUTSTANDING SYSTEM 03835 US FOODS, INC 1 65597 1240.80 06/29/23 OUTSTANDING SYSTEM 04999 VISUAL EDGE IT, INC. 1 65598 1459.57 06/29/23 OUTSTANDING SYSTEM 01673 VWR INTERNATIONAL 1 65599 1037.97 06/29/23 OUTSTANDING SYSTEM 04999 XEROX FINANCIAL SERVICES 1 65600 8416.00 06/29/23 OUTSTANDING SYSTEM 03790 MAZE & ASSOCIATES 1 65601 25981.29 06/29/23 OUTSTANDING SYSTEM 04608 TRI COUNTIES BANK BANK: 1 TOTAL # OF CHECKS: 430 FOR A TOTAL AMOUNT OF: $4879960.37 TOTAL # OF REISSUED CHECKS: 1 FOR A TOTAL AMOUNT OF: $5688.00 TOTAL # OF ACH CHECKS: 0 FOR A TOTAL AMOUNT OF:

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Attachment: Disbursements -FY 22-23 - 6-1 to 6-30-23 (5405 : Disbursements - Dated 6/01/23 through 6/30/23)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes of the City Council Special and Regular Meeting held on June 26, 2023.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

Move to approve the minutes of the City Council Special and Regular Meeting held on June 26, 2023 (Attachment A).

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 06-26-2023 Council Meeting (PDF) 2 Packet Pg. 20

CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Regular Meeting 1 June 26, 2023

SPECIAL AND REGULAR MEETING
June 26, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on June 26, 2023 at 6:00 PM 6:00 PM CLOSED SESSION
Mayor Bigstyck called the meeting to order at 6:00 p.m., stating that all councilmembers were present, and announced that the Council would meet in Closed Session. 00a. CONFERENCE WITH LABOR NEGOTIATORS - Government Code section 54957.6 - Agency designated representatives: Mark Wilson of Burke, Williams, and Sorenson; Employee organizations: Fire Battalion Chiefs, IAFF Local 2400; Fire Fighters, IAFF Local 240; Management Unit, Teamsters Local 350 ; Miscellaneous Employee, Teamster Local 856; Pacifica Police Officers Association; Police Mgmnt (PPMA) & Police Supervisors (PPSA); Wastewater Treatment Plant Teamsters Local 856
7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck reconvened the regular meeting at 7:04 p.m.

Attendee Name Title Status Arrived
Tygarjas Bigstyck Mayor Present
Sue Vaterlaus Mayor pro Tem Present
Sue Beckmeyer Councilmember Present
Mary Bier Councilmember Present
Christine Boles Councilmember Present
City Clerk Coffey took a verbal roll call.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Yulia Carter, Asst. City Manager; Christian Murdock, Planning Director (Zoom); Maria Sarasua, Police Chief; Bob Palacio, PB&R Director; Maria Aguilar, PW Dep. Director2.a Packet Pg. 21
Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 2 June 26, 2023
Wastewater Div.; Roland Yip, PW Dep. Director-Field Services/Engineering); Stefanie Cervantes, Senior Planner; Sarah Coffey, City Clerk; Emily La, Dep. City Clerk.

Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgment
Salute to the Flag led by Councilmember Bier
Closed Session Report
City Attorney Kenyon stated there was no reportable action.

SPECIAL PRESENTATIONS
A. Proclamation - Dr. Heather Olsen
Mayor Bigstyck read a proclamation honoring the retirement of Dr. Heather Olsen, Superintendent of the Pacifica School District.

Dr. Olsen stated she was honored to be here. She respected the work the Council did and enjoyed getting to know them. She stated that she will be replaced as superintendent by Dr.

Darnise Williams and she feels great about handing the baton to her.

Councilmember Bier thanked her for all she has done for our community in the past five years, and she found it a pleasure to watch her gracefully maneuver through the global pandemic with all the worried families. She appreciated her participation in the Pacifica Collaborative and the example she set on what it means to be a true community leader, and she will be missed.

Councilmember Beckmeyer stated that she has a special opportunity to thank her from her position on City Council as well as the Pacifica School District. She commended Dr. Olsen on all the phenomenal accomplishments and technological strides made while she has been at the helm, and the investments are key to school staff to be able to instruct students.

Councilmember Boles stated she got to know her because of the Workforce Housing Project.

She stated it was a pleasure to see her there to answer questions to make sure they complete this important project to help teachers. It was important work and a huge undertaking, and she did it by building community partnership. She thought it was a prime example of how to build consensus and address the public. She thanked her for her leadership.

Mayor pro Tem Vaterlaus stated that she sees Dr. Olsen in the community and they appreciate that she spends time in the community when they get together. She knows the Workforce Housing Project will be a great project. She thanked Dr. Olsen for everything she has done.

City Manager Woodhouse stated that he normally doesn’t comment on proclamations by City Council but, for Dr. Olsen, he would like to make an exception because she is his counterpart for the Pacifica School District. He stated that they started in Pacifica about the same time and her responsiveness, collaboration, and dedication to her job at the Pacifica School District and the field of education is incredibly admirable. It has been an incredible pleasure to work beside

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 3 June 26, 2023
her and collaborated with the city and both school districts in providing for the residents. He thanked her and wished her the best.

Mayor Bigstyck stated that his colleagues have said everything he would say and probably more aptly. He shared a moment recently where he interacted with a former teacher and he thought about the many good educators he was blessed to have and he stated that Dr. Olsen was the one who coordinates them and she is the one who ensures the minds of the entire community for generations to come. Mayor Bigstyck commented that, if she told him 30 years ago that he would be sitting in the mayor’s chair, he would have thought she was off the mark. He stated that they look forward to who rises to the occasion because of the work she has done over three decades. He thanked Dr. Olsen for that.

Elizabeth Bredall, Pacifica, stated she is one of the trustees on the School Board and Dr.

Olsen came to them five years ago when the previous superintendent had retired. Dr. Olsen has a way of making everyone feel at ease, and like lifelong friends even shortly after they meet. She stated that, when Dr. Olsen took over as the School District’s new superintendent, they looked forward to many goals. Then the COVID-19 pandemic happened. She guided them to through everything and worked countless hours. They are very lucky to have her leadership to guide them through COVID-19. She has worked hard to get the Workforce Housing Project through the Planning Commission and City Council and, once completed, it will be a legacy from her time in Pacifica. She thought being a superintendent of any school district is often a thankless job, but our community owes her a lot.

B. Proclamation - "Parks Make Life Better!" Month - July 2023 Mayor Bigstyck read a proclamation honoring July as “Parks Make Life Better!” Month.

PB&R Director Palacio stated that Parks, Beaches and Recreation do make life better through their flourishing senior programs, packed summer camps for kids, the beaches that are filled with surfers, and the trails with people who enjoy them. He appreciated the proclamation for their profession and the ethos that PB&R stands for and he couldn’t be more happy for the city and their profession.

Councilmember Beckmeyer wanted to say that PB&R Director Palacio is helping us make parks make life better, and she is grateful to him for how instantly he hit the ground. She stated that he is right there bringing us new ideas and new things to improve our parks, and she thanked him.

Councilmember Bier seconded that, adding that it has been a pleasure having him come aboard and be ready. She felt it was easy to trust him and she can’t wait to do more work with him.

Councilmember Boles stated that we have such great resources here in our mountains and ocean and it takes a lot to manage. They have been discovered since COVID-19, and there are some challenges that we will be facing together in the city to solve those problems. She stated that it isn’t just the health but also the community building and support for one another which is a key part to our city and she thanked him.

Mayor pro Tem Vaterlaus stated that the fact that he has brought new things and helped the youth with their passion. She thanked him for everything he has done and appreciated him.

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 4 June 26, 2023
Mayor Bigstyck stated that one of the themes of the evening is the far-reaching effects that can be had. He was amazed at what PB&R does and how it is so versatile in terms of the health and well-being of the community. He stated that it all boils down to the health of our community. He thanked him for the job he does and overseeing that the job is getting done.

CONSENT CALENDAR
Mayor Bigstyck made a motion to reorder the consideration and public hearing items on the agenda (Item #7 and Item #8) to discuss Item #8 on Consideration prior to Public Hearing Item #7; seconded by Mayor pro Tem Vaterlaus.

REORDER THE CONSIDERATION AND PUBLIC HEARING ITEMS ON THE AGENDA TO DISCUSS ITEM #8 PRIOR TO ITEM #7:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck asked if any Councilmembers who want to pull an item off the Consent Calendar. Seeing none, he opened up to public comment. There were no public comments.

CONSENT CALENDAR (ITEMS #1 - 5):

RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special and Regular Meeting held on June 12, 2023.

2. Amendments to Consultant Services Agreements for On-Call Planning Services, Building Division Staff Augmentation, and Related Services Between the City of Pacifica and CSG Consultants, Inc., M-Group, and Raney Planning & Management, Inc.

PROPOSED ACTION: Move to adopt the following resolutions to approve the following agreement amendments:
1) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Sixth Amendment of the Consultant Services Agreement With CSG Consultants, Inc. for Building Official, Building Inspection, Plan Review, Current Planning And Related Services” to extend the term of the Agreement to June 30, 2024, and to authorize compensation not to exceed the compensation for Building Division contractual services in the City budget, to be adopted, for FY 2023-24, and authorize the City Manager to execute the amendment; 2) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Sixth Amendment to the Consultant Services Agreement with M-Group for On-Call Planning and Related Services” to

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 5 June 26, 2023
increase the cost ceiling amount by $125,000 with a total contract amount not to exceed $1,075,000 and to extend the term of the Agreement two years to June 30, 2025, and authorize the City Manager to execute the amendment; and, 3) Adopt the Resolution titled, “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a Seventh Amendment to the Consultant Services Agreement with Raney Planning & Management, Inc. for Contract and Related Services” to increase the cost ceiling amount by $75,000 with a total contract amount not to exceed $975,000 and to extend the term of the agreement two years to June 30, 2025, and authorize the City Manager to execute the amendment.

3. Sharp Park Priority Development Area Pedestrian Improvement Project TFCA Funding Agreement between City/County Association of Governments and City of Pacifica PROPOSED ACTION: Adopt the Resolution entitled “A Resolution of the City Council of the City of Pacifica Approving the Fiscal Year 2023-2024 TFCA Funding Agreement (“Agreement”) between the City/County Association of Governments of San Mateo County, a Joint Powers Agency whose members include the County of San Mateo and the twenty incorporated cities and towns within San Mateo County (C/CAG) and the City of Pacifica” and Authorize the City Manager to sign the Agreement.

4. Community Center Roof Coating Project
PROPOSED ACTION: Approve the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving (upon approval of the FY 2023-24 budget) the Construction Contract with Pacific Polymers Inc. in an amount not to exceed $464,196.60; Authorize a budget authority in the amount of $533,826.09, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Contract amount; Authorize staff to Execute Future Change Orders not to exceed the contingency amount; and Authorize the City Manager to execute all documents related to the Community Center Roof Coating Project.”

5. Resolution Granting Consent to the City of Burlingame to Form the San Francisco Peninsula Tourism Marketing District (SFPTMD) and Include the City of Pacifica in the SFPTMD
PROPOSED ACTION: Adopt the attached resolution granting consent to the City of Burlingame to form the San Francisco Peninsula Tourism Marketing District (SFPTMD) and include the City of Pacifica in the SFPTMD.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Giovanni Guadagnini, Pacifica, referred to his lawsuit in 2014 for a sidewalk on Palmetto on the east side, and he questioned why when it was placed on the west side, it was put in without safety rails, and expressed other concerns for safety for people in wheelchairs, walkers or canes; for police not issuing tickets for parking violations; and for street paving concerns.

Ken Miles, Pacifica, wanted to speak about the wildfire season, and shared some history then expressed concerns about the dangers in the near future and possible safety options. He provided a copy of his written comments to City Council.

Paul Totah, Pacifica, thanked Council for what they do and, as a founding member of Tree City

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 6 June 26, 2023
Pacifica, he expressed his thoughts and concerns on the increased permit fee for pruning and removing trees.

Gail Benton Shoemaker, Pacifica, stated she is speaking as a member of Tree City Pacifica, and she expressed her thoughts and concerns on the increased permit fee for pruning and removing trees.

Larry Bothen, Pacifica, requested Council have a study session on the Coastal Commission’s decision to block Pacifica’s plan for the Local Coastal Plan and shared his thoughts and concerns on this issue.

Linda Quinn, Pacifica, echoed what Mr. Bothen said, and then referred to the Sharp Park Development area on the agenda and she expressed several questions on this issue.

Sheryl Calson, Pacifica, echoed what Mr. Bothen said, and she shared her thoughts and concerns on the Coastal Commission’s response on the LCP.

Frank Vella, Pacifica, referred to signed petitions that were presented to Council at a previous meeting regarding the LCP and specifically Beach Blvd. protection and shared his thoughts and concerns on this issue.

Anita Rees, Pacifica Resource Center, shared information on their Safe Parking Program and highlighted the need for support in response to harassment experienced by participants.

Mayor Bigstyck asked the City Manager, when they had tours of Beach Blvd. with our legislators, whether they posted public information that was provided for them.

City Manager Woodhouse stated that they created a coastal projects issues summary, which included a March update and an informational fact sheet provided to our legislators, and it could be posted on the website.

Mayor Bigstyck stated, regarding the Coastal Commission, staffs are working together after getting feedback that would inform a Coastal Commission meeting as they have been working with their staff to try to address the various points. At this point, they don’t know of any policy changes that diverge from what Council recommended and they would need staff to finish that conversation before they can update the community.

City Manager Woodhouse agreed, stating that they are working on early discussion of the Local Coastal Land Use Plan with Coastal Commission staff on the comments they made and they will provide updates to the community about that process later in the summer when the timeline for that effort with the Coastal Commission and future public meetings is developed.

Mayor Bigstyck referred to the Beach Blvd. Infrastructure Resiliency Project and an upcoming meeting to discuss the preliminary design phase of that project, and City Manager Woodhouse provided more information on the meeting details.

Mayor Bigstyck emphasized that staff is working with Coastal Commission staff to see if there needs to be any discussion of policy going forward or continue with what we set forth to Coastal Commission prior.

Councilmember Beckmeyer appreciated those who came out tonight and expressed their

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 7 June 26, 2023
opinions and needs for information. She stated that it is a long process and she is hearing the frustration when they are not hearing from Council on what is going on. She has received emails from people stating they don’t think anything is going on, and she wanted to confirm that they are holding meetings to move our process forward and two councilmembers are participating on a subcommittee in that process and listening to the community and engaging with the consultants and staff. She stated that they are moving that project forward and, in terms of the support they are seeking from our state and federal representatives and the tours they had, the work that is going on and ongoing every week is making sure those legislators understand our needs in Pacifica, especially the ones who spend a lot of time in Sacramento; and it is very important that they understand how different Pacifica is. She stated that they need to update them and their staff members about our conditions, neighborhoods, and needs. For years prior to her and Councilmember Bier being elected, they have been working with our federal representatives. Through years of effort with the Army Corp, they are engaging to have a study done and putting pressure on our representatives at the federal level to bring those resources to Pacifica, look at our coastline and help us with the planning and addressing what we need to do to protect ourselves.

City Manager Woodhouse stated that the high level and more detailed information is in the coastal issue summary memo to be posted on the website. Regarding the US Army Corp of Engineers studies, there is a program called Continuing Authorities Program which is a funding program available to regional areas under their authority to fund and Pacifica has two studies.

In the future, the request has been to encourage a larger Army Corp study that is called the General Investigation, which takes an act of Congress to fund that but is a program we would like to accomplish in the future.

Councilmember Bier wanted to make sure the community is aware of Supervisor Ray Mueller and his infrastructure strategies; he is working on a regional infrastructure strategy plan to cover his district. She stated that there is work happening in different places. She apologized for not sharing enough information, and she feels they need to do that better.

COUNCIL COMMUNICATIONS
Mayor pro Tem Vaterlaus stated she went to the Colma Creek meeting, the Fairmont Homeowners Association meeting, and the City and County Association of Governments Regular and Legislative Meeting. She attended Coffee with a Cop as well as a meeting with Smart Coast California. She attended the Economic Development Networking Event at the Community Center. The Emergency Services Council for San Mateo County discussed fire.

She stated that is important and they discussed a new plan for the coast that Ray Mueller developed called Coastal Resilient Infrastructure Strategic Plan (CRISP), which combines all the services and all the information together with the entire coast. Regarding the sea wall, she met with Elise from Marc Berman’s office. She understands, as does Marc Berman, that sea wall is the biggest thing she discusses with them. She stated, on that day, Ray Mueller had an opening of his office on the coast. At that meeting, she talked to Congresswoman Anna Eshoo about the sea wall and its importance, and wherever they go, they are engaged with them. She stated that Ray Mueller was at the Democrats meeting. She went to a Fog Fest meeting, Council of Cities meeting, and Flood and Sea Level Rise Committee meeting. They also met with a group from their sister city of Barcelona, Catalonia, Spain. They discussed where the statue they donated to the Community Center would be placed and what we’re going to do there once it was brought down. She stated that they work in collaboration with all kinds of other people.

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Councilmember Boles stated, after the last Council meeting, she went to Santa Rosa for CivicWell’s Climate and Energy Forum and it was wonderful. There were elected officials there but also a lot of government employees, non-profits, and other organizations working across the state on these issues; it was neat to see that collaboration happening and education across sectors happening. A lot of the presentations were from Sonoma County and the lessons they learned after the fires there that devastated multiple communities and the way they came together and the County Office of Sustainability took the lead, coordinating with the different cities. Their office became the key to get out the information about money and helping cities collaborate. She got introduced to our County Sustainability Office leaders and she will be meeting with them to see how we on the coastside, who sometimes feel left out, can make sure we have a place at the table. She stated that Ann Edminister was there, and she is now in Petaluma leading their Climate Action Commission which is a permanent commission in their city. She thinks they are bringing forth policies that are really visionary, as they approved banning new gas stations knowing that the state is moving to all-electric cars. She stated there were great stories from Berkeley, working on building performance standards and energy leaders. The state is working to double the capacity of the grid and to shift the load issues. She stated the goal is grid sustainability, but this will all end up bringing the cost of power down.

That night she came back and met with the Pacifica Climate Committee and they were talking about Transit Month and she wondered about some new SamTrans on-demand shuttles in both Half Moon Bay and East Palo Alto. Those communities, including the mid-coast, have also been looking at road analyses and meeting with Caltrans to look at potential projects to improve their circulation and to find funding for the projects. That was the other message of the conference: there is so much money coming from the Inflation Reduction Act. She met with Commute.org and they have a survey that is specific to individual cities to understand people’s commute patterns. This will be data that goes into researching possible shuttles in the future.

She attended the Planning Commission meeting on the Housing Element and appreciates staff and Samantha Hauser for her leadership on these issues and trying to dig in and make sure we are going to get the right kind of project for our city out of this process. She met with the Emergency Preparedness and Safety Commission, and they were talking about the Housing Element, and they are wanting to understand emergency access and evacuations as part of that. Mayor pro Tem Vaterlaus and Councilmembers Boles and Bier attended the Economic Development Business Resources and Networking event. They brought in a speaker on how the small business administration from the county can help our businesses, as many of them are still struggling financially. She also met with Elise from Marc Berman’s office and Josh Becker about similar issues and transportation. She went to the Sanchez Art Center exhibit on resilience. She also shared information on the upcoming Pacifica Beach Coalition cleanups.

Councilmember Beckmeyer attended and wanted to highlight for the public and staff the Resource Management and Climate Protection Committee, which is a CCAG committee. They have presentations every month from Tom from BAWSCA (Bay Area Water Supply and Conservation Agency), and she has been attending our North Coast County Water District board meetings. She stated that they are using a term in BAWSCA called the concept of “One Water,” which includes wastewater, storm water and everything dealing with water. One thing is they are looking at grant support services to allow member agencies to avail themselves of grant writing resources. One thing Pacifica and NCCWD are partners in, interestingly, is our treatment of water and our wastewater system and the reuse of that water for irrigation at the San Francisco-owned Sharp Park Golf Course, but also some of it waters the Oceana High School Field and is referred to as purple pipe water. She stated that they gave a presentation about using purple pipe water to water the Sharon Height’s Golf Course, but one thing that got her attention is that there is money and Len Materman and OneShoreline are looking at similar projects as the Sharon Heights Golf Course project as we have already implemented in

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Pacifica. What she said to them at the end of the meeting is what about federal and state grant money available to extend what is already in place. She wanted to bring that forward to everyone’s attention and added that it was exciting when they talked about innovative projects, including the fog capture pilot that Samantha Hauser brought forward. The more we are out in the community, the more everyone is hearing about this and bringing these resources to light.

Councilmember Boles added that everyone can do their own purple pipes, capture the water from their sinks, showers, etc., and use them to water gardens directly. That is water you use every day that can be reused, especially if you can reuse the water from your laundry; no permits are required, and it is a simple thing to do.

Councilmember Bier referred to the comments of SamTrans on demand, and there was a pilot in Pacifica. The pilot on-demand was only in the Linda Mar Valley and there wasn’t enough ridership. We might want to take a look at that and suggest that maybe in the other side of town, that might be a better place to pilot that kind of project. She stated that Hunter Pence was in Pacifica today with the Pacifica Beach Coalition picking up trash in Linda Mar and everyone was so excited. She stated that there was also some information that came out of the county about some new fines for illegal fireworks that the county has put into place. She then referred to the Safe Parking Program. Council created a program where they put people in the public right-of-way and have put them in a place where they don’t feel safe anymore and where the communities around the people the city put in the public right-of-way are harassing them and making them feel unsafe. She needs to say that, in Pacifica, we need to support all of our citizens, and if we have people who are part of a city program and a program running out of our Pacifica Resource Center, and they have a tag on their RV and they are working to get housed, they must leave them alone and let them sleep, go to work, and find housing. They are in the program for a reason, not because they want to live in their RV, and she was begging Pacificans and everyone out there that, if you see something, say something, as these people are part of our program and we need to keep them safe. They need to be able to sleep at night and go to work and feel okay. She stated that it is a lot of work to try to get housed, as you have to meet with your case manager, fill out all the papers, be on top of everything, and put your name on different applications. It is not easy, and it takes a long time. The fact that we are able to help 2 or 3 people get housed, that is amazing. She didn’t feel happy that she has put someone in harm’s way. She hopes they can all work together to make sure that they leave the program participants alone and let them get housed. She thanked Anita Rees for being here at this meeting. She stated a lot of meetings were cancelled. She asked about ways to discuss the lack of quorum in recent Economic Development meetings. She stated the Bike and Pedestrian Advisory Committee meeting through CCAG was also cancelled this month.

She went to Council of Cities in Foster City and learned about their lagoon. She stated that, with her position with CalCities Peninsula Division, there are a couple of events coming up: a Giants game on September 27, the League of Cities annual conference on September 20-22, and a mental health event on October 6 in Santa Clara County.

Mayor Bigstyck stated that on June 13th, he attended the Rotary Club with City Manager Woodhouse and they gave another State of the City talk. He thanked City Manager Woodhouse for putting together that package and thanked staff for the remarkable work they do on a constant basis. He attended the ABAG General Assembly. They talked a little more about a bond measure initiative they will likely bring up in 2024, a $1 billion bond measure statewide to address housing and part of their planned Bay Area 2050 planning efforts. They discussed their $1 million structural budget deficit and various strategies to shore that up. There were a couple of presentations about place in economy and about efforts driving regional businesses, and they ended by celebrating the ABAG 60th anniversary. That same day, Ray Mueller opened up his

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coastside office. The next day, he saw Ray Mueller speak at the City Democrats meeting and in the afternoon he attended the Millbrae Juneteenth celebration. He wished everyone a happy belated Father’s Day. On June 21st, there was an OSPAC meeting where the developer of the Linda Mar Woods Project expressed that he would like to speak about that project at a future OSPAC meeting, and he thought it will be slated for their August meeting. There were members of the GGNRA present and they began by addressing some Mori Point concerns, as they did everything they could to update mapping resources and create a new way of finding signage; that will hopefully be up in about a week and they will be working more robustly on getting their planning efforts together and there are points where they will need community input, such as whether to close the Pollywog Trail. The neighborhood had the opportunity to speak and, at the end of the public comment session, the GGNRA leadership met with the neighborhood away from the meeting, and it was good that they got to talk to the source. There was an update on the OSPAC charter update process which will be coming to Council soon.

On June 22nd, he joined with Mayor pro Tem Vaterlaus in meeting a delegation from Catalonia to discuss our relationship as sister cities and what the plaza might be when the Portola statue will be removed in front of the Community Center. Catalonia has offered to pay for whatever the plaza becomes as something about community and brotherhood internationally. Later that night, he attended the Peninsula Clean Energy meeting. He stated that they received an Arating from Standard & Poors; , part and parcel with that are some very good money management practices so they have a surplus that they need to figure out how to spend. They heard about Senate Bill 537, Becker’s bill relating to remote meetings. It passed the Senate and is now going to the Assembly. He stated that, if you live outside of a 40-mile range, you will be able to attend the meetings remotely. There was more about the 24-7 time coincident energy and they are pushing it back to 2027 at 99% because there were a lot of issues due to supply chain. They also approved a project agreement with the SunZia Wind project in New Mexico, which is an enormous project, i.e., gigawatts of energy, and 13% of PCE’s load. They are taking a small portion of the huge project and that informs the 24-7 component, when energy can operate at nighttime when solar is no longer present. He attended the Council of Cities in Foster City and checked out their lagoon system. He attended the San Francisco Pride Parade and marched with Safeway. He stated that he and Councilmember Bier will be doing a television taping at PCTV on June 30th and discussing emotional intelligence and mental wellbeing. That will kick off a series of shows he intends on producing with regional leadership. He stated that it is designed as a forum for whomever is the mayor at the time to then be able to engage in regional leadership about issues affecting our communities.

STAFF COMMUNICATIONS
City Manager Woodhouse wanted to give a shout-out to our field services and streets division for a significant amount of weed abatement over the last month. The winter deluges have created significant weed growth, and the streets division has been out doing weed abatement along Oceana, Francisco, Lundy, Vallemar, the islands on Fassler on Highway 1, Terra Nova, Oddstad and Rosita, as well as doing sand cleanup along Linda Mar Beach, all in preparation for the 4th of July. He referred to a question asked relating to fireworks about citations and the recent county ordinance. He stated that they are looking into this, but counties have different citation authorities than cities do under state law. Our current understanding is that we don’t have that same authority but will look further into it and see if any state law has changed that we are not aware of and would allow that. He thanked Pacifica Resource Center Exec. Director Rees for bringing up the topic of the Temporary Safe Parking Program and for Councilmember Bier commenting on it. He stated that they are working in close collaboration with PRC to make these sites safer for the participating clients, including lighting at one of the sites that they recently installed. He echoed the phrase used because in Pacifica this has been a longstanding

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mantra of the Pacifica Police Department, which is, “See something, say something.” He stated that the Police Department wants to know, regardless of whether someone thinks it’s a significant issue or not; they would rather get the call and know and be aware of the information than not. When it comes to harassment type of activity, the Police Department wants to know and, in this case, there is some activity that is happening related to the designated spots, and the Police Department, the city, and PRC wants to know. He emphasized for the audience not to hesitate to call the Police Department to let them know what you observed, when you observed it, and do it immediately and not later.

Police Chief Sarasua appreciated the conversation. She is really disturbed at what she is hearing, and they are going to be resourceful. She referred to the light he mentioned which will be accompanied by situational awareness cameras. This behavior not only won’t be tolerated, but they have a wonderful relationship with our District Attorney’s office which would be more than happy to take punitive action for any crimes that occur at the TSPP properties.

Mayor Bigstyck stated that the comments of Councilmember Bier are well-taken, referring to the Temporary Safe Parking Program. He stated that there is a date certain when the program will end; in the meantime, while they wait for that time to come, these are people who are trying actively not to have to live in their vehicle and that is why they are there. He stated that, in general, bullying speaks volumes about the person who is committing the act, and in this specific instance, it is an act committed on people who are known to be trying to better their circumstance in life. It speaks more loudly of those who are trying to pull down and make it harder for people who are trying to better their circumstance.

Mayor pro Tem Vaterlaus wanted to remind everyone about the Fog Fest on September 23 and 24 and the Fogcutter’s Ball at the Moose Lodge on September 16.

Mayor Bigstyck called a break and then reconvened the meeting.

PUBLIC HEARINGS

6. Consideration of a Joint Exercise of Powers Agreement approving the issuance of taxexempt Revenue Bonds by the California Municipal Finance Authority for the purpose of financing or refinancing the acquisition, rehabilitation, improvement and equipping for The Bluffs at Pacifica Apartments at 380 Esplanade Avenue (APN 009-131-060).

Recommended California Environmental Quality Act (CEQA) Status: General Rule Exemption, CEQA Guidelines Section 15061(b)(3).

PROPOSED ACTION:
1) Conduct the public hearing under the requirements of Tax Equity & Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”); and 2) Adopt the attached resolution authorizing and directing execution of a Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority and approving the issuance of qualified 501(c)(3) bonds in an aggregate principal amount not to exceed $50,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement and equipping of The Bluffs at Pacifica Apartments at 380 Esplanade Avenue (APN 009-131-060) and certain other matters thereto, and finding the action exempt from the California Environmental Quality Act (CEQA).

Sr. Planner Cervantes presented the staff report.

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Councilmember Boles wanted to hear from CMFA as this is the first time she has seen this kind of agreement, and she asked how they ensure the affordable units, whether deed-restricted for a certain amount of time, or whether there is anything about evictions of existing tenants.

Ben Parker, CMFA, stated that they are the largest affordable housing bond issuer in California.

Because they are the largest affordable housing issuer in the state, they have written the compliance manual, regulatory agreement, and everything used to ensure that the bond affordability is met to the lifetime of the regulatory agreement. He stated that CMFA also has 700-plus projects under compliance and they have a compliance staff that assures affordability and if the regulatory agreements are monitored and complied with every year. In addition, they have no defaults on any of their projects and 100% of their affordable housing projects are in compliance.

Councilmember Boles asked if he can clarify the length of the term of the regulatory agreement.

Mr. Parker stated that 30 years is the length of the term.

Mayor pro Tem Vaterlaus stated that she can see that the property is for sale, the amount of the sale, and the amount of the loan. She asked if the loan is so much higher due to rehabilitation.

Mr. Parker responded affirmatively, explaining that a straight market rate sale is quite a bit different than a taxes and bond issuance. When you do a bond issuance, for the federal terms, there is a percentage of rehabilitation that needs to go into the project. They have to rehab each unit: there is a certain dollar amount spent in each unit, and they can’t just offer market rate. The bonds that are issued are above market rate because they have to finance all the improvements and all the extra requirements that go along with the taxes on financing.

Mayor pro Tem Vaterlaus stated her main question is are there many guarantees that we will have zero liability as far as this loan.

Mr. Parker stated that is correct. The resolution being approved clearly states that the city has no liability, responsibility, or moral or fiscal obligation to the bonds, and that CMFA is the sole issuer of the bonds and that is why the CMFA is present now so the city does not participate in the bond issuance whatsoever. The city is only being used to hold the public hearing.

Mayor Bigstyck understood that, in regards to the fiscal impact in the staff report, as a result of this process, at some point there is some amount of money unknown at this time that will wind up going to the city. He asked Mr. Parker to talk about the structure of how CMFA gets funded and how it gets distributed and how the fiscal impact comes to be.

Mr. Parker stated that the CMFA is funded from their issuance fees. He stated, once the CMFA issues the bonds (up to and not to exceed $50 million), they won’t know the exact dollar amount until the bonds are actually issued. From there, the city receives 25% of our issuance fees; another 25% is discounted to the developer because they are doing non-profit housing; and an additional 10% is donated throughout the states to non-profits anywhere in the state.

Mayor Bigstyck asked about the issuance fees themselves.

Mr. Parker stated that the issuance fee covers CMFA’s cost to issue the bonds. They are all registered municipal financial advisors, and they have to not only issue the bonds and go through the whole tax process, which is a fairly lengthy process compared to a market rate loan,

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and from there, they also have costs for the next 30 years where they monitor the bonds. The city will receive roughly between $10,000 and $15,000 of their issuance fee, and that should cover the staff’s time of reviewing the project. They do this because they are a member of CMFA. There are 350-plus cities, counties and special districts that are members and, instead of CMFA taking all the fees, they feel it is best to share the fee with the most local municipality that holds the TEFRA to cover costs that the city may have incurred by holding a public hearing.

Mayor Bigstyck thanked him for the explanation.

Councilmember Boles understood it was their business model, but she was curious how they look at their investment risks, especially in terms of properties that might be on vulnerable sites.

Mr. Parker stated that they evaluate that and have 1,200-plus projects that have been issued, and CMFA has one or two defaults because, in San Francisco, there is a charter school that went out of business. It was a technical default, but all the bond holders were repaid so it is not a true default. Skid row housing in L.A. is being taken over by the city of L.A. and a few nonprofit partners, and they are also technical defaults but not true defaults. They evaluate every project that comes quite thoroughly and they turn down tons of projects and they look at the public benefit of the project. In this case, this is meeting the federal affordability limits and they are able to produce 20% of the project which is currently market rate to put this under affordable regulatory agreement for the next 30 years.

Councilmember Boles thought it was exciting and thanked him.

Mayor Bigstyck opened the public hearing.

Suzanne Moore, Pacifica, stated this was exciting and she was on board for affordable housing. She expressed her thoughts and possible concerns and questions on how this works and appreciated clarifications on the deed restriction.

Kimberly Williams, San Mateo County Surfriders Foundation, stated they support affordable housing but she expressed her questions about the project being in a high risk area.

Mayor Bigstyck closed the public hearing.

Mayor Bigstyck referred to a question by the community about any catches. He stated that they will have housing designated specifically for very low affordable housing, which is the 50% median and below, and he was excited about it.

Mr. Parker stated that there are no catches.

Mayor Bigstyck asked the question about if the borrower goes bankrupt.

Mr. Parker stated, if the borrower goes bankrupt, effectively the process doesn’t affect the city’s bond capacity and the city is not liable fiscally or morally to repay the bonds. What would happen is that, if the developer for some reason went bankrupt, the bank would take over the property; there would be property management on site and they would be retained and they would bring in a new asset manager to run the affordable housing project. He stated CMFA has never gone through that process with the 700-plus projects they have done.

Mayor Bigstyck thanked him and asked about current tenants.

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Mr. Parker stated that there is a 3-year window to certify the residents and they don’t have to be certified if they don’t want to, but any residents who want to be income certified will go through a process and, if below the 50% AMI, their rent will be reduced to those levels. Thus, tenants won’t be displaced. Through natural attrition, tenants move in and out of apartment complexes and the average life in this area is 4.2 years. Through attrition, people would move out naturally and tenants that meet the income verifications would receive a reduction of the rent.

Mayor Bigstyck asked about the units that aren’t very low.

Mr. Parker stated that they remain the same, which is how they pay for the project, units remaining the same prices they currently are and are not affected in any way. Regarding the loan the developer is getting compared to a market rate loan, interest is much lower and the maturity goes out further than a regular mortgage would be, and that is how they are able to subsidize the rent.

Mayor Bigstyck asked if a tenant needs to be temporarily displaced due to rehabilitation whether they will get the first right to return.

Mr. Parker responded affirmatively, adding that all the units are going to be rehabilitated, and there will be a rehab plan when the project gets further down the process. This is a very beginning process of the financing stage.

Mayor Bigstyck concluded the tenants are accounted for.

Mr. Parker responded affirmatively.

Mayor Bigstyck stated the concern he heard expressed by both speakers had to do with the location of the project because we have had a substantial amount of bluff erosion in that area and he asked what he can tell them regarding the concerns expressed by our community that it is conceivable that the complex is destined for the ocean.

Mr. Parker stated that this project will be fully insured under the bond terms/purchasers as that is one of the first requirements in such areas (that there is full insurance on the project). If something catastrophic happens, the insurance would kick in and fix the project; or, if it was gone, the bonds would be retired and the insurance would pay back the bond holders. He stated that it is similar to the Santa Clarita area with a lot of the fires and some of the northern California projects that had consistent fires where projects burned down. Insurance terms are expensive for this type of the area, but that is fully baked into the financing of the project.

Councilmember Boles asked, in the event of bankruptcy, sea level rise, or bluff erosion, would the insurance cover demolition of the buildings if needed.

Mr. Parker stated that the projects have to be insured for catastrophic losses and, if something happens, the insurance would repay the bond holders and wipe out the building.

Councilmember Boles concluded it would be removed if need be.

Mr. Parker responded affirmatively.

Councilmember Boles stated they have had issues with more and more rental units being

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converted to short-term rentals and she wondered if there was a prohibition of that.

Mr. Parker stated that the bond documents clearly lay out that there are no short-term rentals.

Councilmember Bier moved to adopt the attached resolution authorizing and directing execution of a Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority and approving the issuance of qualified 501(c)(3) bonds in an aggregate principal amount not to exceed $50,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement and equipping of The Bluffs at Pacifica Apartments at 380 Esplanade Avenue (APN 009-131-060) and certain other matters thereto, and finding the action exempt from the California Environmental Quality Act (CEQA); seconded by Councilmember Beckmeyer.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bier, Councilmember
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

7. Adoption of the Fiscal Year 2023-24 Operating and Capital Budget.

PROPOSED ACTION: Hold a public hearing, review, and move to adopt the following resolutions:

1. Adopt the resolution approving the FY 2023-24 Operating and Capital Budget;

2. Adopt the FY 2023-24 Capital Improvement Program appropriation of $1.205 million from the Roy Davies Trust Fund by a 4/5 vote

3. Adopt the resolution establishing GANN Appropriation Limit for FY 2023-24;

4. Adopt the resolution approving the City's annual review of the Investment Policy included as Exhibit A to the resolution, with no changes for FY 2023-24.

Agenda Item #7 was discussed following Agenda Item #8.

City Manager Woodhouse made brief introductory comments, and Asst. City Manager Carter presented the staff report.

Mayor Bigstyck stated Council would like to thank her and her team and commended the appearance and user-friendly nature of the budget.

Mayor pro Tem Vaterlaus moved to extend the meeting to 11:30 p.m.; seconded by Councilmember Beckmeyer.

MOVE TO EXTEND MEETING TO 11:30 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Continuation of Agenda Item #7 Discussion:

Councilmember Boles thanked Asst. City Manager Carter for all the work. She appreciated the descriptions of all departments and their goals to improve services, etc. She got a question from the public about the Roy Davies Trust Fund for Community Center improvements.

PW Director Petersen stated what they have allocated from the Davies Trust Fund now is

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priority parks projects and a project within the Community Center addressing carpeting and flooring issues.

Councilmember Boles wanted to follow up on the beach parking funds. The packet states that there was going to be excess revenue over expenditures of $202,000 and the total revenue is $665,000 so this goes to pay our three rangers is what she understood through Public Works.

She thought that was a big extra, i.e., a third of the fund, and she thought Asst. City Manager Carter clarified that there was extra money in the fund left over from previous years. She asked if Asst. City Manager Carter was projecting a fund balance of $647,000. She wondered about what has changed or were there services we used to offer that we aren’t or are there things they might want to consider offering again. She understands that these monies can only be used for our beaches, according to the agreement with the Coastal Commission.

Asst. City Manager Carter stated she was correct, as it was one of our enterprise funds and it would be qualified in responses that they accumulated fund balance now. The use of this fund balance is going to be future policy decisions that they will be bringing forward and a portion of staff time is being allocated to this fund on an ongoing basis but they still have a little excess of revenue. They are building a fund balance for future decisions related improvements or implementation of services related to the beach.

City Manager Woodhouse added that it is important for the enterprise fund that they have a fund balance as they will have future capital projects necessary, i.e., resurfacing of the parking lots, bathroom improvements, etc., and like any of our funds, for a one-time capital expenditure, it is important to have that bandwidth. While there may be some interim bathroom cleaning contracts that we can pay for out of that fund balance, they have to be careful about any ongoing obligations because there could be years in which, combined with capital projects where revenues aren’t exceeding expenditures, that is a concern they have to be aware of.

Councilmember Boles stated she would like to see an estimate of a bathroom contract. As she read through the investment policy and the treasurer’s report which she understood will be coming quarterly, with the new fund they are creating for the affordable housing fund, she asked if that fund could be placed in an account where it is also gaining interest and they can hopefully build it through that.

Asst. City Manager Carter thought she was mixing a little bit of allocation, i.e. ledger vs. investment portfolio. All the funds are currently allocated and they all earn interest.

Councilmember Boles asked if Asst. City Manager Carter can explain the investment policy, such as are there certain accounts or funds, or what puts something in the investment versus just an interest.

Asst. City Manager Carter stated that they can have this conversation when they bring the next quarter investment policy report, so she can provide additional information of how the funds are distributed with in lieu funds, some money should be left in the checking accounts to maintain the cash flow, etc.

Councilmember Boles stated she will look for the treasurer’s report for that question later.

Councilmember Beckmeyer was trying to reconcile a table in the budget book with what was on a presentation slide. Asst. City Manager Carter noted the discrepancy in the budget book and confirmed all the slides and the budget resolution are correct. She stated the budget book will

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be corrected before publishing.

Councilmember Beckmeyer stated, on the intergovernmental line, where they see in 2021-22 and 2022-23, if that is where they see the ARPA money, which they no longer receive.

Asst. City Manager Carter responded affirmatively.

Councilmember Beckmeyer noted a change to a graphic, and she believes the very first slice of the dollar should be a text amendment to Pacifica School District.

Asst. City Manager Carter confirmed.

City Manager Woodhouse, Asst. City Manager Carter, and City Attorney Kenyon clarified that the budget book had an incorrect number but the adopted resolution and slides were accurate.

They also clarified that the budget book was not attached to the resolution.

Mayor Bigstyck opened public comments and, seeing no one, closed public comments and brought it back for questions, deliberations or a motion.

Mayor pro Tem Vaterlaus moved that they adopt the resolution approving the FY 2023-24 operating and capital budget; seconded by Councilmember Beckmeyer.

AGENDA ITEM #7-1
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor pro Tem Vaterlaus moved to adopt the FY 2023-24 Capital Improvement Program appropriation of $135,400 from the Roy Davies Trust Fund by a 4/5 vote; seconded by Councilmember Boles.

AGENDA ITEM #7-2
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Christine Boles, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor pro Tem Vaterlaus moved to adopt the resolution establishing GANN Appropriation Limit for FY 2023-24; seconded by Councilmember Bier.

AGENDA ITEM #7-3
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 18 June 26, 2023
Mayor pro Tem Vaterlaus moved to adopt the resolution approving the City’s annual review of the Investment Policy included as Exhibit A to the resolution with no changes for FY 2023-24; seconded by Mayor Bigstyck.

AGENDA ITEM #7-4
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Tygarjas Bigstyck, Mayor
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck again thanked all staff for their efforts from top to bottom.

CONSIDERATION

8. Disbanding of Current Library Advisory Committee membership, Resolution Amending the Library Advisory Committee, and Recruitment of the new Committee PROPOSED ACTION: It is recommended that the City Council take the following actions:

1. Move to disband the current Library Advisory Committee membership; and

2. Move to adopt the attached resolution titled, “A Resolution of the City Council of the City of Pacifica Rescinding Resolution No. 02-2016 and Amending the Charter of the Library Advisory Committee”; and

3. Direct the City Clerk to begin the recruitment process for the community at-large Library Advisory Committee members.

Agenda Item #8 was discussed prior to Agenda Item #7.

City Clerk Coffey presented the staff report.

Mayor Bigstyck stated one resident asked where to find the Commission and Committee handbook, and City Clerk Coffey replied it is publicly posted on the city’s website.

Mayor Bigstyck concluded that staff’s recommendation is to cut the committee in half.

City Clerk Coffey stated for the allocated positions but some of those positions never had a representative so it is effectively not quite cutting the committee in half.

Councilmember Bier asked if it was possible to have youth seats on the Advisory Board.

City Clerk Coffey stated that Council can discuss and deliberate on whether they would like youth seats and how those should be designated, i.e. full voting member, Council-appointed position or ex-officio non-voting position that is just providing input or attending regularly and getting information. One thing she would like to highlight is looking at and discussing structuring the committees so they have success in achieving quorum and not putting them in a position where the structure leads to lack of quorum issues.

Mayor Bigstyck opened public comments and, seeing no one, closed public comments.

He thought it would be charming to have a representative from each high school and make

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 19 June 26, 2023
them as non-voting representatives.

Councilmember Bier stated that she will always advocate for voting seats for young people, but she would like to hear from Councilmember Beckmeyer about her thoughts about this.

Councilmember Beckmeyer appreciated that. She thought switching to this format is a good idea as she has attended many meetings and witnessed the lack of quorum issue. She appreciated the thinking that went into the structure of this in 2016 but thought what could move forward is keeping the need to inform and connect with the different groups in the forefront of the committee’s work. She stated that there was nothing to prevent a committee from deciding among themselves who would be designated or who would volunteer to reach out to a group.

To have that kind of cross-pollination was what she understood the thinking to be and to be inclusive and make sure all sectors of the community had an opportunity to be involved and know about the library and be informed as a lot of decisions were made around design, etc., that needed to take all those things into consideration. She referred to lack of quorum and she has been experiencing this with the CCAG committee she is on. She stated that anything they can do to help the committee be strong and functional she is for, and they know the old structure wasn’t working. She supports the idea of doing the structure as they are, but she questioned in her mind having one Councilmember and an alternate versus the two they originally had. She thinks that is reasonable. Councilmember Beckmeyer also stated, regarding the youth piece, she agreed and would like them to be a voting member, but she wonders how they manage it. She stated that students have a lot going on in their lives and meetings in the evenings are not always going to be possible for students. She didn’t want them not to be a quorum, and this may be their first opportunity to participate and she didn’t want it to be punitive. She would defer to anyone who has a thought on how to encourage and incorporate student involvement and not have the committee’s functioning hinge on it.

City Manager Woodhouse had some thoughts regarding the youth component to the Library Advisory Committee. He stated that it might be the conversation on this topic that was remembered was related to the Climate Adaptation and Action Plan and a discussion of youth involvement in that. He thought it wasn’t that there was a designated position related to youth but youth were encouraged to apply. That could be the case with the members of the Library Advisory Committee. One of the conversations related to that was that Director Palacio and his staff is going to be working to engage the Youth Advisory Board more in civic issues that Council is taking up. That has not traditionally been what they addressed in the past, but the future of libraries in Pacifica is an excellent topic for the entire Youth Advisory Board to engage and be active in. To the point that was made about the role of the seven members is to outreach to all groups, and he thought certainly youth in schools is one of those very important groups to help amplify the message about the need for the libraries and have their involvement and specific input at certain milestones in the process. He thought Director Palacio and his staff could work with YAB to instigate that. He stated that Council could decide to designate one position that should be for our youth, but he thought the way it is recommended now is to put a preference on stating they really want a youth person involved in this and please apply but it is not a designated position. Regarding the point mentioned about is it a voting position or not, if it isn’t going to be a voting position, what is the difference between that and just encouraging youth members to attend the meetings.

City Clerk Coffey added another point for consideration. In the new structure, they are looking at creating for the Library Advisory Committee with expiration terms as well, which wasn’t imposed previously, similar to other committees and commissions with four-year terms. With the initial appointment of seven Council-appointed members, the first three are appointed for an

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 20 June 26, 2023
initial two-year term and the remaining four for a four-year term. On bringing up the issue of discussion of youth members, the terms may become an issue where they may resign and they recruit for that vacancy which is not an issue but just bringing up the discussion of terms in terms of youth involvement as well.

Mayor Bigstyck stated that her point is well-taken, and it occurred to him that, with the Measure Y oversight, one of the solutions was to designate a range of potentials they could appoint. He stated that he would have to check, but perhaps designate that they would like to have a space available for a youth voting member. Another thing he thought about was ex-officio might be a way to address youth if they were to have one from Terra Nova and one from Oceana. He thought it could be, as they are thinking in terms of reducing it from 14 to 7, they would love the feedback of other people and it might be nice to have ex-officio designations from these various committees and commissions that could show up and could have time to speak when the time comes and not be limited to the three minutes, but not voting members. He thought ex-officio could be a solution to enabling more feedback and they could potentially designate a range rather than a firm number of 7.

Councilmember Bier stated, in her experience, youth councils like to come in pairs, and if we are going to have a seat, it would be nice to have two seats and they might want to ask the Youth Advisory Board what they think about how these seats should be structured, and that information could help Council when they decide what the youth seat could look like. It could be a beautiful beginning of having youth seats on all of our committees and commissions, but she thought they should ask the Youth Advisory Board.

PB&R Director Palacio agreed and thought they could do that with no problem. He thought it would be something they would enjoy talking and giving input about. Whichever way we end of going, it will be important to have that youth voice in that committee somehow. He will talk with his staff and go to the Youth Advisory Board and ask them about what they think about whether it is too big of a commitment or a commitment that they would all feel they would be interested in and give Council some feedback and hopefully it will help them to make the best decision.

Councilmember Beckmeyer likes that idea and needs to understand timelines in terms of what is before them at this meeting because she knows they have work that needs to be getting underway. She is wondering about a hybrid of increasing the range from 7 to 9 to allow for two as one possibility as a way to amend this that leaves room for the designation of two seats for youth if they want to. She likes what City Manager Woodhouse said about encouraging youth to apply. The other thing she wondered about is, if they have youth positions, can they create a committee or commission that has terms as the City Clerk outlined but for designated youth positions, can they have a shorter term, such as one- to two-year commitments.

City Attorney Kenyon stated, however Council wants to formulate the committee, they can do it, but the key is going to be to make it clear at the outcome so people’s expectations are managed and met. If Council wants to have a youth position whose term is one or two years, that can be, and an at-large member that will have a four-year term and a councilmember who will have a one-year term. She stated that the configuration can be however the Council would designate.

Tonight, to keep the process moving, they can put in parameters in terms of what they potentially want, but they don’t have to designate what the number of the committee would be.

They wouldn’t need to put it in the resolution to have the PB&R Director reach out to the Youth Advisory Board to get their input; so when it comes back for Council determination on the appointments, they will have all that information in the staff report and deal with it all at that point so there isn’t a delay in getting all this information before Council can move forward and actually

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 21 June 26, 2023
make any appointments and before the Clerk can move forward with recruiting.

City Manager Woodhouse added, in regard to the timeline, that one of the reasons they expedited this to bring it tonight so they can start the recruitment process and have hopefully a committee appointed later in the summer so the committee is formed and beginning their work in a time that aligns with the City’s and San Mateo County Libraries’ grand opening ribbon cutting of the remote kiosks and services that will be provided at the Sanchez Library this fall.

That is the urgency about getting the recruitment process going and, to what the City Attorney is saying, if Council is interested in a flexible range, they have done that on another committee.

Depending on the review, you can decide to appoint the number and you can also state in the material that there is a preference for youth representatives to apply, and they can be as specific or general as they want about that. His only caution would be, if you specifically hold spots for youth, you are locked into that. He stated that it is good the broader they are in the recruitment; you can do work and encourage youth participation and they can figure out at this time, if they want to, a flexible term for youth representatives. Sometimes, the way that works is when you are representing specific stakeholder groups, it is not the person but the position representing that group, and whether it is the Youth Advisory Board or a student in the high school district, the person participating can be there for one academic year of nine months and another one comes in; thus, it is not the person but the high school district that has the position and appoints them. He stated that it is similar to the way councilmembers represent other bodies where it is a Council representative, not a particular councilmember.

City Attorney Kenyon clarified that, with that general direction, if that were the desire of Council, that could happen at this meeting and they would slightly have to revise the resolution and Exhibit A which is the duties of the committee and chair. That is very simple to do if they keep it in broad terms. She would not recommend that they deliberate and discuss what the terms should be at this time, as it should occur at the time they make the appointments. They could simply make a revision to the resolution that says the committee to a potentially 7- to-9-member body, and then in Exhibit A, they would just need to add youth to the membership, if they would like to consider that or not. She stated that those are the only changes she saw were needed if Council wanted to go in a more general direction of allowing staff to do some investigation but being able to move into youth involvement but able to move forward with beginning the recruitment and bringing back at another meeting the actual appointments and a more in-depth discussion on the terms. It would be dependent upon their potential appointments.

Councilmember Beckmeyer understood her saying they don’t want to get into a conversation of deliberating the terms, but would it need to be broad enough to let there be a one-year term.

City Attorney Kenyon didn’t see any mention of the exact specifics about terms in Exhibit A yet.

She thought the terms will be discussed at the time of the appointments.

Councilmember Beckmeyer stated, with that being the case, in terms of their process, when they make appointments, that is disclosed when it is advertised, and people know they are applying for two two-year seats and three four-year seats.

City Clerk Coffey stated that the proposal for the terms as discussed in the staff report is not included in the resolution or the Exhibit at this time but can easily be amended to include that.

City Clerk Coffey stated that the City Attorney stated that they revisit that when the appointments are made.

City Attorney Kenyon stated that the question is, when recruiting, how do the appointees know

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 22 June 26, 2023
what they are applying for - is it general or does she always recruit for specific terms.

City Clerk Coffey stated that, typically, for city committees and commissions, they do state a partial term to expire at month and year or a full four-year term. For the recruitments they have done for vacancies on the Library Advisory Committee, they were silent on the exact duration of the term because it was unspecified.

Mayor Bigstyck thought it sounds like they can develop those questions and terms in real time at the behest of Council if they keep it general at this time.

City Attorney Kenyon thought, even if Council keeps the term length out of this resolution and Exhibit A, the City Clerk can still recruit and advertise as generally terms are four years, although they could be shorter, so people will be aware.

Councilmember Beckmeyer concluded keep some parameters around it. She stated, when they talked about the cap, they recognize that they are going to have to stagger terms.

Councilmember Bier noted the packet referred to members being over 18 years old, and Mayor pro Tem Vaterlaus confirmed. Councilmember Bier wanted to make sure that they collect information from the Youth Advisory Board about terms, meeting times, and responsibilities.

Councilmember Boles was in agreement with what she is hearing. Her only concern is, if they are advertising for four years, that might put off some youth.

City Manager Woodhouse an idea occurred to him, i.e., Council could set forth the general terms of size, and he thought it would be good to establish in that general direction, but not put it in the resolution, the staggering of terms consistent with other commissions and committees.

This committee may not be in operation for that long as they don’t know the future of bond measure. He thought, when it comes to expressing a preference for youth participation, the way they could conduct the recruitment is to say, if you are youth applying to this committee, please tell us in your application what length of service you would be interested in providing. Then, Council during interviews and selection could take that into consideration and make the appointments accordingly with a shortened term for that position.

Mayor Bigstyck thought the way they recruit youth might be different than the way they recruit at-large, if they are recruiting specifically in the high school.

Mayor pro Tem Vaterlaus agreed. She thought one of the biggest problems she sees is quorum, and she could see it being an at-large group instead of specific people.

City Manager Woodhouse stated the recommendation is seven members at-large and the exhibit just lists that members will be selected to represent the following segments of the community and lists that some members may also be selected from other key stakeholder groups and lists, but it is not saying that they have to be. He stated that the old committee was a designated person from that stakeholder group.

Mayor pro Tem Vaterlaus understood that is what happened as she was a liaison also.

Mayor Bigstyck thought it might be an interesting exercise to hold ex-officio spots open for various stakeholder groups without necessitating they be present for a quorum.

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 23 June 26, 2023
Councilmember Boles isn’t clear on how much room there is for discussing the design and so forth at this point. She was told the design is pretty much set and they have had all this community input. If they are bringing in the youth and want their voices, she wanted to make sure there was an opportunity that they can incorporate those things.

Councilmember Bier thought there might be a different conversation between design and services, and Councilmember Boles stated that they go together if they need certain spaces.

Councilmember Beckmeyer stated that her recollection of the layout as proposed is that there is a lot of flexibility. There are some bigger designated spaces and smaller designated spaces.

She thought one of the spaces was intended to be a flexible space and that would be the input on what to do with that space.

Councilmember Bier stated that the feedback they get from the Youth Advisory Board will tell them what they are interested in talking about.

Councilmember Boles stated that these are conceptual designs and the process is going to continue to flush out the library in detail after they know they have some money and the community support to build it.

Councilmember Boles referred to the point of the ex-officio members that were there before, stating that some of them are really important. For example, the Emergency Preparedness and Safety Commission has someone from Red Cross, and they are invited to all the meetings, sometimes they come and talk, they get all the minutes, and there is one person they can go to if they have questions on that committee and one person who is paying attention. She is looking at the Planning Commissioner and PB&R positions, and that seems like an ex-officio, so they aren’t voting and don’t need to be there for a quorum but that might be helpful. She didn’t know if this is in the plan, but part of the climate conference she attended was a great presentation by Bay Run who are doing pilot programs and looking at libraries as community resilience centers; it becomes a place in a disaster, in high heat, in smoke, because most of our homes aren’t equipped for these events, and a place that people can go where it’s warm, etc., and someone from the Emergency Preparedness and Safety Commission might be good as an ex-officio. She stated, on charging, they have that at the Community Center, but it would be wonderful to have something in Sharp Park so everyone has a place they can walk to.

Councilmember Beckmeyer stated those were designations made with some past disaster with the current libraries we have in addition to the Community Center, so that was absolutely thought in discussing the design.

Mayor Bigstyck asked if they wanted to make a motion.

Councilmember Beckmeyer asked that they talk about what they need to amend.

Councilmember Beckmeyer and City Attorney Kenyon discussed the membership of 7-8 individuals and adding youth to the segments of community.

Mayor Bigstyck stated where the packet says members may also be selected from the following key stakeholder groups, that they keep that, but for members not selected from these key stakeholder groups, there will be an open ex-officio assignment from them.

City Attorney Kenyon stated that would need to be in the resolution and they don’t need to change it today as they could make ex-officio members whomever they wanted, but they would

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need to include that in the last whereas clause. City Attorney Kenyon asked if he wants to specify which groups now, or he can leave it general and say we shall have three ex-officio members or 3-5 ex-officio members, then you can decide at the appointment who the ex-officio members should be. Her recommendation, unless he wants to have that discussion now when they don’t have the potential appointees, is that you may be having this discussion again once you get the appointees.

Mayor Bigstyck likes general, and he would say a range of 5-7 might be appropriate. He stated he was taking a cue from the list of six stakeholder groups that those might be appropriate designations for ex-officio members but whether or not they get one from each he didn’t know, but they could say simply that they will allow space for up to 5-7 ex-officio members.

Councilmember Bier thought that was a lot.

Councilmember Beckmeyer agreed.

Councilmember Bier thought two would be enough.

Mayor Bigstyck agreed. He thought they should allow space if any of them at any given point want to show up, and they can be there to speak to their heart’s content and give feedback accordingly. He asked what number she thought was appropriate.

Councilmember Bier asked what Councilmember Beckmeyer thought.

Councilmember Beckmeyer stated she would keep it at 3-5, and Councilmember Bier agreed.

Councilmember Boles thought it depends on what representation, referencing Pacifica Library Foundation and Pacifica Friends of the Library.

Mayor Bigstyck stated that there might be several members who show up more regularly, but like the EPSC, they have the member from the Red Cross who sometimes shows up and sometimes does not, and from Jefferson School District, sometimes someone will show up and sometimes they won’t. He thought it was always good to have that spot open.

Councilmember Beckmeyer made a motion to move to disband the current Library Advisory Committee membership and adopt the attached resolution titled, “A Resolution of the City Council of the City of Pacifica Rescinding Resolution No. 02-2016 and Amending the Charter of the Library Advisory Committee” as amended, and direct City Clerk to begin recruitment process for the community at-large Library Advisory Committee members.

City Attorney Kenyon stated, for clarity, that amendment to the resolution and Exhibit A to the resolution is that the last whereas clause will include instead of 7 community members from 7-9 community members as well as 3-5 non-voting ex-officio members appointed by City Council and the same change will be made to the resolved clause with regard to Exhibit A, and the membership paragraph will be revised to say 7-9 at-large community members and 3-5 nonvoting ex-officio members as well as a new organization added to the portion representing the following segments of the community which will state youth.

Councilmember Beckmeyer stated that is her motion; seconded by Mayo pro Tem Vaterlaus.

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes) City Council Regular Meeting 25 June 26, 2023
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

ADJOURN
Mayor Bigstyck adjourned the meeting at 11:06 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Tygarjas Bigstyck, Mayor

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Attachment: Attachment A: Minutes of 06-26-2023 Council Meeting (5407 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.

RECOMMENDED ACTION:

Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

STAFF CONTACT:

Roland Yip, Deputy Director of Public Works/City Engineer 650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On January 22, 2016, the Director of Emergency Services proclaimed the existence of a local emergency along the Pacifica coastline from Westline Drive to the end of Beach Boulevard due to El Nino storm activity. Extreme wave heights for extended periods of time caused top-of-bluff retreat at several locations along the Pacifica coast and damage to City infrastructure. Since this date, the Director of Emergency Services has proclaimed the existence of other local emergencies along this same stretch of coastline. These emergencies are described below:
• Failure of the sea wall and promenade on Beach Blvd. (in the vicinity of Santa Maria Avenue), which have been repaired, from the January 22, 2016 storm. • The 300 & 400 block of Esplanade experience episodic bluff erosion. In recent years (2016-2018), the bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• Undermining of a seven-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean in the vicinity of 700 Palmetto Avenue from the January 22, 2016, storm. Construction is scheduled to restart in February of 2021 due to project delays.
• A failure of the seawall and promenade on Beach Blvd. in the vicinity of Santa Rosa Avenue and the Pier was discovered on December 16, 2020. Ocean waves, king tides, and high swells undermined a portion of the sea wall and created a large void (25’x25”) between the pier abutment seawall connection, affecting the sidewalk and promenade.

City staff and contractors stabilized and repaired the large void on January 22, 2021.

The sidewalk and promenade restoration were completed on February 22, 2021.

Monitoring of the repaired area is on-going.
• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with 3 Packet Pg. 46
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geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City by the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. On May 13, 2022, the City received a Coastal Development Permit waiver from the California Coastal Commission to perform this work. A bid opening for the repair was held on June 9, 2022, and the City received one bid, which was $2 million above the project budget. Council rejected the bid and authorized the project to be rebid.

The City Council first ratified this proclamation (Attachment 1) at its regular meeting of January 25, 2016. Since that date, additional damage had occurred along Beach Boulevard and Esplanade Avenue as noted above.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency exists within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with June 12, 2023, being the most recent.

The City is using a combination of city staff, contractors, and consultants to manage the discussed emergency work. Staff will bring recommendations to the Council to end the emergency designation for projects on the list once conditions stabilize and the projects are no longer in need of the emergency designation.

The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

FISCAL IMPACT:

None.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (PDF)
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"ATTACHMENT 1"

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Attachment: Attachment 1: Proclamation of Local Emergency Regarding Pacifica Coastline from Westline Drive to End of Beach Blvd. (5398 :
"ATTACHMENT 1"

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Continuation of Proclamation of Local Emergency at the Anza Pump Station.

RECOMMENDED ACTION:

Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Nelson Schlater, P.E., Engineering Manager - Wastewater Public Works (650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:

On Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at Pacifica State Beach. After Public Works staff investigated the report, it was determined that the storm drain pumping system and roof/bathrooms were damaged during the fire. The engines were destroyed, and the pumps needed to be replaced.

The damage to the pump station threatened and continues to threaten the safety of persons and properties within the watershed due to the risk of flooding without an operational pump station.

The City of Pacifica’s Emergency Plan and Section 4-2.01 et seq. of the Pacifica Municipal Code empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when there is an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and properties within this City.

The proclamation is subject to ratification by the City Council within 7 days, pursuant to the Pacifica Municipal Code. The proclamation of the existence of a local emergency further designates the City Manager or designated representative to act on behalf of the City for public assistance and for individual assistance for purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and Federal assistance.

Additionally, pursuant to Section 3-15.09 (A) of the Pacifica Municipal Code, in cases of an emergency the City Manager is authorized to proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The City must comply with Public Contract Code Section 22050, which provides a process for City Council’s review of the emergency action if notice of bids to let contracts for public projects will not be given because of the emergency.

In this case, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure, which 4 Packet Pg. 50
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requires immediate attention and constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code Section 1102.

Such conditions are, or are likely to be, beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency design and repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts. Immediate action is, and continues to be necessary, due to the clear and imminent danger presented by any storm event that could occur during the time the storm water pump station is non-functional. Flooding could occur to areas upstream of the pump station, causing health and safety issues, as well as extensive property damage. As such, on April 8, 2020, the City Manager did proclaim the existence of a local emergency within the City and the need to continue the emergency action continues as the repair will take approximately 8-14 months or longer. The Proclamation of Local Emergency is attached to this staff report as Attachment 1.

City staff has contracted with the civil engineering firm of Schaaf & Wheeler of San Jose, California to assist the City with the rehabilitation of the pump station. In addition, the pump station has been cleared of any fire damaged debris and the damaged pumps/engines have been removed. On July 13, 2020, the City Council approved construction services agreement for rebuild and re-installation of a pump and gear drive, the renovation of bathrooms, purchase and installation of new stainless-steel doors, and repair pump station wet-well grates. As part of the on-going maintenance for the pump station, staff purchased a new pump which was approved by the Council at the August 9, 2020 City Council meeting. An emergency purchase agreement with Herc Rental for a temporary rental engine was also approved on September 1, 2020 and will remain in place until the pump station is operational. On October 12, 2020, temporary measures were completed to allow for a non-standard system of pumping at the Anza Pump Station until final repairs are completed. This work included a new pump, transfer switch, temporary roof, portable generator connections, and exterior double doors have been installed. Staff is continuing to evaluate and monitor storm water flows and purchased two new sump pumps to accommodate flows.

On May 10, 2021, City Council approved the purchase of two new Caterpillar engines utilizing the City’s established Sourcewell Cooperative Purchase Agreement. The rehabilitation plan is currently 100% completed, and staff has completed the engineering review. The roofing plan was approved by the Building Department. Staff has also completed selection of the Construction Management firm which was from the established On-Call Construction Management list. Staff is in the process of discussing permitting requirements for the overall project with the California Coastal Commission.

Staff completed the field portion of a topographic survey to support a PG&E application to reestablish natural gas service at the Anza Pump Station to supply the natural gas to run the prepurchased natural gas engines to drive the pumps. The City entered into an agreement with PG&E to tap the gas main and install a new gas meter. The City has also engaged a gas pipeline contractor for a quotation on installing the gas service line from the gas main to the gas meter. In addition, the City has submitted the Caltrans Encroachment Permit application required for gas service line construction on Highway 1 and has obtained a separate emergency Coastal Development Permit request with the California Coastal Commission for installation of the new gas line and a redundant pump/engine that was approved.

During a storm event on the morning of December 16, 2021, the City experienced some flooding in the lower Linda Mar area due to the temporary nonstandard pumping system that has been in use at Anza pump station due to the fire damaged pump station engines in March of 2020. This temporary system has been in place because the City has been working to reach agreement with the California Coastal Commission on the remaining permitting requirements for 4 Packet Pg. 51
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the permanent pumping system. The City faced several significant stormwater related events from October 2021 through December 2021 and will face more with the continuing storm season. Replacement of this temporary system is considered an emergency and staff is moving forward with construction of the permanent system. To further improve operations between now and when the Anza Pump Station Repair Project is completed, the City recently purchased a small diesel engine that will be used to drive one of the existing smaller stormwater pumps, thereby improving pump station resiliency in the interim. Staff issued a public request to prequalify bidders for the Anza Pump Station project in December 2021. Ultimately, two contractors were deemed qualified to bid on the project. Both contractors submitted bids for the project in February of 2022. The contractors specialize in pump stations.

As of May 1, 2022, the Anza Pump Station Repair Project’s General Contractor, DW Nicholson (DWN), has begun the work and is focusing on providing project equipment submittals and requests for information (RFIs). DWN is currently onsite and working. City consultant team members Schaaf and Wheeler (engineer of record providing construction support) and Ghirardelli and Associates (third-party construction manager) are working closely with City staff to process paperwork, respond to questions along with other issues as they arise, and manage the construction work. Active construction continues at the Anza Pump Station. Except for the roof hatches, the roof installation is complete. The Project continues to finalize electrical equipment submittals and continues coordination with the engine supplier. Two new gas engines were delivered to the site mid-December 2022 and are installed. The third new gas engine arrived at the supplier’s East Bay facilities in late May 2023 and was installed in June 2023. The most recent project schedule estimates that the Pump Station will be tested and ready for manual operation in July/August 2023. Supply chain issues with the electric controls and electric control panel will delay the Pump Station from being tested and ready for automatic operation until October/November 2023. In addition, the project to construct a new 2-inch gas service line for the new gas engines was awarded to Casey Construction. Installation of the new 2-inch gas service line in the parking lot east of the Anza Pump Station was completed in October 2022. Installation of the new 2-inch gas service line from the parking lot into the Caltrans Right of Way near the existing PG&E gas main was completed end of November 2022.

PG&E required additional utility location verification prior to moving forward with the new gas service line tie in to the existing gas main, located in US 1. The City furnished PG&E this information. PG&E completed the gas service line tie-in to the gas main April 12th, 2023. The last step in this process consisted of PG&E installing their gas meter and regulator at the Anza Pump Station, which was completed May 2, 2023. In addition, two of the four Anza bathrooms will be open in time for July 4 2023.

Pursuant to Government Code Section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on April 13, 2020, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency at the Anza Pump Station every 30 days with June 12, 2023, being the most recent.

The City is using a combination of city staff, consultants, and contractors to manage the emergency work related to the Anza Pump Station repair project. The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist at the Anza Pump Station at the Pacifica State Beach. Staff will continue to update the Council on the progress of this emergency work monthly through the emergency declaration Council reports
FISCAL IMPACT:

There is no fiscal impact to continue this local emergency. 4 Packet Pg. 52
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ORIGINATED BY:

Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (PDF)
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RESOLUTION NO. 19-2020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE

ANZA PUMP STATION AT THE PACIFICA STATE BEACH
______________________________________________________
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire and that the engine and the motors would need to be replaced; and
WHEREAS, the damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding that can occur without an operational pump station; and WHEREAS, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure due to the risk of flooding and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, ATTACHMENT 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5393 : Continuance pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050 which requires confirmation by 2/3 of Council within 14 days of the emergency action.

NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment “A”, is hereby ratified and approved by the City of Pacifica City Council.

BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.

BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2020, by the following vote:

AYES, Councilmembers: Martin, Beckmeyer, Vaterlaus, Bier, O’Neill NOES, Councilmembers: None.

ABSENT, Councilmembers: None.

ABSTAIN, Councilmembers: None.

CITY OF PACIFICA
Deirdre Martin, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5393 : Continuance

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a call regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated, and determined that the storm drain pumping system was damaged during the fire; and
WHEREAS, the damage to the pump system threatens the safety of persons and property, including critical public infrastructure; and
WHEREAS, such conditions are or are likely to be beyond the handling capabilities of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.

NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency for the Anza Pump Station.

DATED: April 8, 2020
By:_____________________________
Kevin Woodhouse
Director of Emergency Services
Attachment 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5393 : Continuance

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (5393 : Continuance

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Resolutions Approving the Memorandums of Understanding (MOUs) between the City of Pacifica and the following represented labor groups: 1) Pacifica Battalion Chiefs, IAFF Local 2400; 2) Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400; 3) Management Employees Teamsters Local 350; 4) Teamsters Union Local 856 Miscellaneous; 5) Pacifica Police Officers Association; 6) Pacifica Police Management Association; and 7) Pacifica Police Supervisors Association for the period of July 1, 2023 through June 30, 2025.

RECOMMENDED ACTION:

Adopt resolutions approving the Memorandum of Understanding between the City of Pacifica and: 1) Pacifica Battalion Chiefs, IAFF Local 2400; 2) Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400; 3) Management Employees Teamsters Local 350; 4) Teamsters Union Local 856 Miscellaneous; 5) Pacifica Police Officers Association; 6) Pacifica Police Management Association; and 7) Pacifica Police Supervisors Association; for the period of July 1, 2023 through June 30, 2025, including the revised salary schedule effective July 1, 2023 and July 1, 2024. After Council approval, staff will ensure the MOUs are properly cleaned up, and all technical corrections are made, including any remaining typos, fixing the tables of contents, finalizing the documents for signature, and eventually posting online.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650)738-7301
[email protected]
Irene Camarena, Human Resources Manager
(650)738-7303
[email protected]
BACKGROUND:

The current Memoranda of Understanding with all bargaining groups within the City expired on June 30, 2023.

The City of Pacifica (City) has met and negotiated in good faith wages, hours, and other terms and conditions of employment for represented employees with the following labor organizations in accordance with the Meyers-Milias-Brown Act (MMBA):
1) Pacifica Battalion Chiefs, IAFF Local 2400; 2) Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400 Bargaining Unit; 3) Management Employees Teamsters Local 350; 4) Teamsters Union Local 856 Miscellaneous; 5) Pacifica Police Officers Association; 6) Pacifica Police Management Association; and 7) Pacifica Police Supervisors Association.

The above-mentioned labor groups and the City reached terms for a successor Memorandum of Understanding (MOU), which expired on June 30, 2023. The specific terms are reflected in the attached Tentative Agreements (TA).
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The City and the vast majority of the labor groups have completed negotiations early enough to ensure a seamless transition into the new fiscal year and to be able to bring to Council the full, red-lined Memorandum of Understandings (MOU) tonight with the salaries, benefits, and other terms and conditions of employment already incorporated (see Attached MOUs). After Council approval, staff will have some additional minor technical changes and clean-up work including ensuring the correction of any remaining typos, fixing the tables of contents, and finalizing the documents for signature and eventually posting online. Staff will ensure that final MOUs comport with the Tentative Agreements and are fully executed and posted online.

DISCUSSION
Fiscal and organizational stability is one of the Council's top priorities as the City continues to provide quality programs and services in a financially sustainable manner. In the previous years, the City's long-term financial forecast projected a significant multi-million dollar ongoing structural deficit.

Because Pacifica residents approved Measure Y Transaction and Use Tax during the last elections, the Council adopted a structurally balanced FY 2023-24 Budget on June 26, 2023.

Although the passage of Measure Y was a considerable achievement for Pacifica that resolved the City's ongoing structural deficit, the updated financial outlook only covers the current level of municipal services. The projected revenues from Measure Y will not be sufficient to address other critical organizational needs. The cost to deliver services and City operations has increased due to inflation, personnel costs, and unfunded liabilities related to pension and OPEB. Although Measure Y essentially helped balance the budget deficit, the City's tax revenue base remains significantly lower than the majority of Bay Area cities, and the City's long-term financial outlook is not sustainable to address future fiscal challenges.

Specifically, the difficult labor market remains one of the ongoing challenges the City will likely continue facing in the upcoming years.

Staff has previously shared with the Council the challenging labor market condition in the Bay Area. Like many Bay Area agencies, the City has been experiencing critical recruitment and retention challenges (over 30% turnover rate), having to conduct multiple recruitments for the most critical professional and management positions and their replacement is often challenging, taking a long time and often results in loss of institutional knowledge and substantial training and onboarding needs.

On average, the City is running a 10-15% vacancy rate, translating into 19-28 vacant positions at any given time. This is partially because more than 2/3 of City classifications appear below market in total compensation. Yet, the City does not have sufficient resources to bring them all to the market median at once.

Although the Adopted FY 2023-24 Budget does not include any assumptions for the outcome of the labor negotiations with all labor groups, the City Council made a commitment to start addressing this structural, organizational challenge as part of their recently adopted Strategic Plan and specifically, strategic goal #1 to Enhance Organizational and Fiscal Stability. The Council authorized the City's management team to negotiate labor agreements that include the citywide targeted equity adjustments to those classifications that are significantly (over 5%) below market, in addition to regular cost-of-living adjustments (COLA) to all classifications to help keep those positions currently at market as such.

Each negotiated MOU provides for a two percent 2% annual COLA wage increase, and continuation of the City contribution towards the deferred compensation plan, plus structured equity adjustment in each contract year. The structured equity adjustments were presented as a 5 Packet Pg. 59
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Citywide long-term framework approach to all labor groups to eventually bring all City classifications to market per previously developed compensation philosophy. The structured equity adjustments are based on how far below market compensation for a specific classification falls according to the Citywide Total Compensation Survey conducted by the independent classification and compensation consulting firm. The structured equity adjustments ranged from 1%-4% each year of the contract, as illustrated in the table below:

With Pacifica's perennial low staffing levels and below-market employee compensation compared to cities in our region, and limited revenue sources to fund critical infrastructure and other capital projects, this unprecedented package represents a strong commitment by the City Council to maintain the high level of municipal services by supporting this extraordinary investment in City staff to address the ongoing recruitment and retention challenges while maintaining long-term financial sustainability. The Council also committed to amending the FY 2023-24 Budget to include increased labor costs once the new agreements are approved and executed.

In addition to these economic terms, the new agreements include some non-economic updates and clarified language related to several citywide provisions, including bereavement, grievances, etc.

The attached Tentative Agreements (EXHIBIT A-G) highlight the additional changes specific to each bargaining unit. The Teamsters Union Local 856 Wastewater Treatment Plant is the only remaining labor group within the City that has not completed contract negotiations. Although a tentative agreement was reached with the negotiation committee, the membership of Teamsters 856 Wastewater has voted it down twice. The City’s negotiations team will continue labor meetings with this group into the new fiscal year. Individual resolutions authorizing the execution of the Memorandum of Understanding with members of each Bargaining Unit are also attached in the agenda packet as Exhibits A1-G1.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

The recommended action is consistent with the following Council goal: "Enhance organizational and fiscal stability" includes strategies to improve staff retention, recruitment, mental health, and wellness resources and increase staffing for rising workloads.

FISCAL IMPACT:

The FY 2023-24 fiscal impact associated with these agreements is estimated to be approximately $1.4 million, with $1.2 million in General Fund. The second year of the contract will result in an additional incremental increase of nearly $1.1 million, including $0.9 million in the General Fund. The current FY 2023-24 Budget will be amended in a future meeting, and the 5 Packet Pg. 60
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following FY 2024-25 budget will also include built in salary savings assumptions to accommodate the increased salaries and benefits over the life of these agreements.

ORIGINATED BY:

Human Resources
City Manager
ATTACHMENT LIST:

EXHIBIT A - Signed TA - Pacifica Battalion Chiefs, IAFF Local 2400 (PDF) EXHIBIT B - Signed TA - PFFA and San Mateo County FF IAFF 2400 (PDF) EXHIBIT C - Signed TA Management Employees Teamsters Local 350 (PDF) EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (PDF) EXHIBIT E - Signed TA - Pacifica Police Officers Association (PDF) EXHIBIT F - Signed TA - Pacifica Police Management Association (PDF) EXHIBIT G - Signed TA - Pacifica Police Supervisors Association (PDF) Attachment 1 - MOU BC Redlined for Council Ratification (PDF) Attachment 2 - MOU FF-IAFF Redlined for Council Ratification (PDF) Attachment 3 - MOU TEAMSTERS 350 MGMT Redlined for Council Ratification (PDF) Attachment 4 - MOU TEAMSTERS 856 MISC Redlined for Council Ratification (PDF) Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification (PDF) Attachment 6 - MOU PPOA Redlined for Council Ratification (PDF) RESOLUTION BC-IAFF 2400 - EXHIBIT A1 (DOCX)
RESOLUTION FF-IAFF 2400 - EXHIBIT B1 (DOCX)
RESOLUTION MGMT-TEAMSTERS 350 - EXHIBIT C1 (DOCX)
RESOLUTION TEAMSTERS 856 MISC - EXHIBIT D1 (DOCX)
RESOLUTION PPOA - EXHIBIT E1 (DOCX)
RESOLUTION PPMA - EXHIBIT F1 (DOCX)
RESOLUTION PPSA - EXHIBIT G1 (DOCX)
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Tentative Agreement Between City and IAFF 2400 BCs
Provided to:

BC/IAFF BC Local
2400
Date: June 27,2023
Tentative Agreement Between Pacifica Battalion Chiefs IAFF Local 2400 6/27/23
After meeting and conferring pursuant to the MMBA, the City and IAFF Local 2400 (BC’S) have agreed to the following:

Principal Terms:

1. Two-year term.

2. 2% general wage increase each year for the term of the proposed MOU.

3. 4% Equity Payments in Year One and Equity Adjustments in Year Two based on meet-and-confer over classification study

4. 1% Increase in EMT

5. Enhanced Fringe Contributions
Item
#
Article Proposal

1. Term of Agreement July 1, 2023-June 30, 2025

2. Section 5. Pay Plan
Wage Adjustments and
Equity Increases
Strike 5.1-5.5 and Replace with:

5.1 Effective July 1, 2023, or the first full pay period following City Council approval of this MOU, the City shall improve the salary schedule for all Battalion Chiefs by two percent (2%) over the January 2022 Salary Schedule for current bargaining unit represented employees in active, paid status on the effective date. This updated Salary Schedule shall be attached as Appendix A.

5.2 Effective the first full pay period in July 2024, a base wage increase of (2%) two percent shall be made to salary schedule.

5.3 Equity Adjustments
Effective the first full pay period following City Council approval of this MOU, the City shall provide a 4% equity adjustment to the Battalion Chief classification.

Prior to April 2024, the City and Union shall Meet-and-Confer in accordance with the MMBA over equity adjustments to go into effect on July 1, 2024 for Battalion Chiefs based upon year one equity adjustments and a completed Classification/Compensation Study.

3. 5.15
EMT Certificate Pay
Unit Represented employees who possess and maintain an EMT Certificate, including EMT D when the Pacifica Fire Department has such a program, shall receive the EMT incentive pay of 4.5 % (four and one-half percent) 5.5% (five and one-half percent) of

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Attachment: EXHIBIT A - Signed TA - Pacifica Battalion Chiefs, IAFF Local 2400 (5408 : Resolutions Approving the MOUS Between the City and Tentative Agreement Between City and IAFF 2400 BCs
Provided to:

BC/IAFF BC Local
2400
Date: June 27,2023
the top step Battalion Chief base pay.

4. Section 14. Health and
Welfare Parties agree to finalize language. However, the intent is that City will continue Fringe Benchmark with Kaiser in 2024 and 2025. The cost of employee contribution to Kaiser Family Plan will not increase unless a rate increase of 6% occurs in a calendar year

5. Non-Economics
The City will provide a red-lined version of the MOU to illustrate proposed clean-up language and non-economics, including language confirming FLSA compliance.

The City reserves the right to add additional proposals if authorized by the Mayor and City Council.

For the City _____________________
Yulia Carter
For the Union _____________________
Ryan Frederick
_____________________
Tim Cantillon

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Attachment: EXHIBIT A - Signed TA - Pacifica Battalion Chiefs, IAFF Local 2400 (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT A - Signed TA - Pacifica Battalion Chiefs, IAFF Local 2400 (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT A - Signed TA - Pacifica Battalion Chiefs, IAFF Local 2400 (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT B - Signed TA - PFFA and San Mateo County FF IAFF 2400 (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT B - Signed TA - PFFA and San Mateo County FF IAFF 2400 (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT B - Signed TA - PFFA and San Mateo County FF IAFF 2400 (5408 : Resolutions Approving the MOUS Between the City and Tentative Agreement
Provided to:

TEAMSTER L350
Management
Date: June 21,2023
Tentative Agreement Between City of Pacifica and Teamsters Local 350 The City’s Financial Outlook forecasts expenditures to continue outpacing growth in revenues in FY 2024 through FY 2025. This is particularly clear given the projected growth in expenditures needed to maintain the City’s basic services levels without the aid of one-time sources (i.e American Rescue Plan Act (“ARPA”).

Despite these fiscal challenges, the City continues working toward eventually bringing total compensation for employees to market median in comparison to comparable agencies within the state of California and County of San Mateo.

For these reasons, the City and Teamsters 350 have tentatively agreed to the following terms:

Principal Terms:

1. Two-year term.

2. 2 % general wage increase each year for the term of the proposed MOU.

3. Equity Adjustments in Year One and Year Two

4. 1% Deferred Compensation

5. Increase in Administrative Leave Days

6. Enhanced Fringe Contributions…..and others
Item
#
Article Proposal

1. Term of Agreement July 1, 2023-June 30, 2025

2. Section 6.1 Pay Plan
Wage Adjustments and
Equity Increases
Strike Section 6.1-6.2 then replace with:

6.1 2023-2024 Salary
Effective the first full pay period following City Council approval of this MOU, the City shall improve the salary schedule for all bargaining unit classifications by two percent (2%).

Effective the first full pay period in July 2024, the City shall improve the salary schedule for all bargaining unit classifications by two percent (2%).

6.2 One Time Lump Sum Payment Equity Adjustments
Effective the first full pay period following City Council approval of this MOU, the City shall provide the equity adjustments to the following classifications:

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Attachment: EXHIBIT C - Signed TA Management Employees Teamsters Local 350 (5408 : Resolutions Approving the MOUS Between the City Tentative Agreement
Provided to:

TEAMSTERL350
Management
Date: June 21,2023
Below
Market
Classification Equity
Adjustment
5-10% Associate Planner
Associate Civil Engineer
1%
10-15% PW Superintendent
Field Services Manager
IT Manager
Recreation Supervisor
Senior Planner
WWTP Plant Manager
WWTP Collection System
Manager
2%
15-20% Senior Civil Engineer
Recreation Manager
Engineering Manager
Deputy Fire Chief
Fire Paramedic
Coordinator
3%
+20% 4%
Effective July 1, 2024 the City shall provide the equity adjustments to the following classifications:

Below
Market
Classification Equity
Adjustment
5-10% Associate Planner
Associate Civil Engineer
1%
10-15% PW Superintendent
Field Services Manager
IT Manager
Recreation Supervisor
Senior Planner
WWTP Plant Manager
WWTP Collection System
Manager
2%
15-20% Senior Civil Engineer
Recreation Manager
Engineering Manager
3%

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Attachment: EXHIBIT C - Signed TA Management Employees Teamsters Local 350 (5408 : Resolutions Approving the MOUS Between the City Tentative Agreement
Provided to:

TEAMSTER L350
Management
Date: June 21,2023
Deputy Fire Chief
Fire Paramedic
Coordinator
+20% 4%

3. 14.10
Deferred Compensation
Effective the first full pay period after City Council ratification of the MOU, the City shall continue contributing up to one percent (1%) of each bargaining unit represented employee’s base pay matching contribution to each bargaining unit represented employee’s selected 457 Deferred Compensation account.

The City’s 1% matching contribution to the employees 457 Deferred Compensation account ceases as of the last pay period in June 2025.

4. Section 14.1.1 Health and
Welfare Parties agree to finalize language. However, the intent is that City will continue Fringe Benchmark with Kaiser in 2024 and 2025. The cost of employee contribution to Kaiser Family Plan will not increase unless a rate increase of 6% occurs in a calendar year.

5. Administrative Leave
(Section 13.10)
Unit represented employees will receive administrative leave at the rate of seventy-two (72) hours per fiscal year. The administrative leave is in lieu of compensatory time, must be used during the fiscal year in which it is received, has no cash value, and does not accumulate from year to year. Strike: After the expiration of the MOU, unit represented employees will receive administrative leave at the
prior rate of sixty ( 60) hours per fiscal year.
6 Drive Act
(New Section)
City will agree to DRIVE Deduction contingent on new pay roll provider being able to administer without significant cost.

7. Tuition
(Section 18)
Inserting language that states: “course” includes trainings related to job related certificates and licenses including reimbursement for costs incurred to take approved examinations for professional licenses or certifications.

8. Promotions

20.6 Add language to Section 20.6 stating “An employee rejected during the probationary period from a position to which the employee has been promoted (“promotional probation”) shall be reinstated to the position from which employee was promoted if such position remains available. If position has been filled employee shall be considered for any open positions in which employee is qualified.”
9 Grievance Procedure New Language to Be Inserted:

Step 1. Immediate Supervisor. A grievance may be filed by a unit

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Attachment: EXHIBIT C - Signed TA Management Employees Teamsters Local 350 (5408 : Resolutions Approving the MOUS Between the City Tentative Agreement
Provided to:

TEAMSTER L350
Management
Date: June 21,2023
member in his/her own behalf, or jointly by a group of unit represented employees, or by the Association.

Within fourteen (14) calendar days of the event giving rise to a grievance, the aggrieved shall present the grievance in writing to his/her immediate Supervisor. Grievances not presented within the time period shall be considered resolved. The grievance shall state the particulars of the grievance, including the specific provision of this Memorandum of Understanding allegedly violated, and the desired remedy.

The Supervisor shall meet with the grievant to attempt to settle the grievance and give a written answer to the aggrieved within seven (7) calendar days from the receipt of the grievance by the Supervisor.

The department director shall investigate the issues, meet with the grievant and attempt to reach a satisfactory resolution of the problem. Answer to the grievance shall be made in writing by the department director within fourteen (14) calendar days from receipt of the grievance.

Step 3. City Manager. If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration. The City Manager shall designate the Assistant City Manager or other
representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 20 unless it has been filed in accordance with Sections 21.3.1 through 21.3.3.

The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own representation, including preparation and post-hearing briefs, if any. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California. Prior to

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Attachment: EXHIBIT C - Signed TA Management Employees Teamsters Local 350 (5408 : Resolutions Approving the MOUS Between the City Tentative Agreement
Provided to:

TEAMSTER L350
Management
Date: June 21,2023
arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.

The arbitrator or mediator may be selected by mutual agreement between the Union and the City. Should the parties fail to mutually agree on an arbitrator/mediator, they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators/mediators.. The Parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.

10. Non-Economics
The City will provide a red-lined version of the MOU to illustrate proposed clean-up language and technical corrections.

The City reserves the right to add additional proposals if authorized by the Mayor and City Council.

For the City:_______________________________
Yulia Carter
For Teamsters 350______________________________
Juan Coca

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Attachment: EXHIBIT C - Signed TA Management Employees Teamsters Local 350 (5408 : Resolutions Approving the MOUS Between the City

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Attachment: EXHIBIT C - Signed TA Management Employees Teamsters Local 350 (5408 : Resolutions Approving the MOUS Between the City City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
Tentative Agreement Between City and Teamsters Local 856—Miscellaneous Bargaining Unit
The City and Teamsters Miscellaneous:

Principal Terms:

1. Two-year term.

2. 2% general wage increase each year for the term of the proposed MOU.

3. Equity Adjustments in Both Years

4. 2% Deferred Compensation Contribution

5. Continuation of Health Fringe Contributions

6. Other Non-Economics…
Item
#
Article Proposal

1. Term of Agreement July 1, 2023-June 30, 2025

2. Section 7. Pay Plan
Wage Adjustments and
Equity Increases
Strike Section 7.2 and 7.4, then replace with:

7.2.1 2023-2024 Salary Schedule
Effective July 1, 2023, or the first full pay period following City Council approval of this MOU, the City shall improve the salary schedule for all bargaining unit classifications by two percent (2%).

Effective the first full pay period in July 2024, a base wage increase of (2%) two percent shall be made to salary schedule.

7.4 One_Time Lump Sum Payment Equity Adjustments
Effective the first full pay period following City Council approval of this MOU, the City shall provide the equity adjustments to the following classifications:

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
Below
Market
Classification Equity
Adjustment
10-15% Administrative Assistant
Community Services Coordinator
Equipment Operator
Food Services Coordinator
Lead Ranger/Ranger
Public Works Supervisor
Recreation Coordinator
Transportation Specialist
2%
15-20% 3%
+20% Child Care Assistant Supervisor
Child Care Site Coordinator
Childcare Teacher II
Permit Technician
4%
Effective July 1, 2024, the City shall provide the equity adjustments to the following classifications:

Below
Market
Classification Equity
Adjustment
5-10% Accounting Technician II
Assistant Civil Engineer
Community Service Officer – PD
Info System and Technology
Analyst
Maintenance Worker I/II
Mechanic
Police Records Clerk
1%
10-15% Administrative Assistant
Community Services Coordinator
Equipment Operator
Food Services Coordinator
Lead Ranger/Ranger
Public Works Supervisor
Recreation Coordinator
Transportation Specialist
2%
15-20% 3%
+20% Child Care Assistant Supervisor
Child Care Site Coordinator
Childcare Teacher II
Permit Technician
4%

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023

3. Section 18.11
Deferred Compensation
Effective the first full pay period after City Council ratification of the MOU, the City shall contribute up to two percent (2%) of each bargaining unit represented employee’s base pay matching contribution to each bargaining unit represented employee’s selected 457 Deferred Compensation account.

The City’s up to 2% matching contribution to the employees 457 Deferred Compensation account ceases as of the last pay period in June 2025.

4. Section 18.1.1. Health and
Welfare Parties agree to finalize language. However, the intent is that City will continue Fringe Benchmark with Kaiser in 2024 and 2025.

The cost of employee contribution to Kaiser Family Plan will not increase unless a rate increase of 6% occurs in a calendar year.

5. DRIVE ACT
(New Section)
Additional language to be added to Section 2
The City is currently engaged in changing Pay-roll providers. If the City’s new Pay-roll provider can provide the following pay-roll deductions with no additional cost, the City agrees to the following:

TEAMSTERS’ D.R.I.V.E. PROGRAM - (Democrat,
Republican, Independent, Voter Education.)
To provide payroll deductions for those members who
voluntarily elect to participate in the Teamster DRIVE
program (civic engagement for voter registration and political education),
D.R.I.V.E., or Democrat, Republican, Independent Voter
Education, is the Teamsters’ political action committee.

D.R.I.V.E is non-partisan and independent from any political party. D.R.I.V.E. is supported through voluntary
contributions from Teamster members. Such donations are not U.S. Tax Deductible.

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
The employer agrees to deduct from the paycheck of all
employees covered by this agreement voluntary contributions to D.R.I.V.E. D.R.I.V.E shall notify the employer of the amounts designated by each contributing employee that are to be deducted from their paycheck on a weekly basis for all weeks worked. The employer shall transmit to DRIVE
national headquarters on a monthly basis, in one (1) check the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number and the amount deducted from that
employee's check.

The Union agrees to hold the Employer harmless from loss of any judgment of a court of competent jurisdiction and from any order of the Labor Commissioner or agency of
government in connection with or arising out of any
deduction made pursuant to this Agreement.

The City agrees to further discuss possible implementation after the new payroll provider is selected.

6. Personnel File
(Section Added to Section
23)
New Section 23. 1:

The employees official personnel file shall be maintained by the Human Resource Office. Employees shall have the right to review the contents of their official file upon request. Nothing may be removed from the file by the employee, but copies of the contents shall be provided at the employee’s request.

An employee shall have the opportunity to review, sign and date any and all adverse material to be included in the file. The employee may also attach a response to such materials within thirty (30) days of receipt. With the exception of routine payroll and personnel administration documents, all material in the file must be signed and dated by the author. The employee may include material relevant to the employee’s performance of assigned duties in the file.

Upon request of the employee, material relating to disciplinary action which are four (4) or more years old may be removed from the employee personnel file provided the employee has had no subsequent disciplinary action since the date of such prior action.

Performance evaluations are excluded from this provision.

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023

7. Section 7.6
(CDL Training
Reimbursement)
The City shall continue to reimburse employees for the costs associated with obtaining and maintaining a commercial driver’s license, including the cost of renewal and any associated course work required. Applications, testing and processing for a CDL shall be done during normal work hours with compensation at the applicable rate.

8. Section 11
Update to Meal
Allowance
Unit represented employees required to work more than three (3) hours beyond their shift shall be reimbursed for the cost of a meal to a maximum of twenty dollars ($20.00). The time taken to eat the meal shall be without pay. The meal allowance shall not apply to scheduled overtime, which for the purposes of this meal allowance provision, shall be deemed to be all overtime for which 48 hours prior notice was provided.

9. FLSA Overtime
Section 10.2
New language will be added section 10.2 Definition:

Except as otherwise specified in this MOU, all overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA) and include all pay not excluded by 29 USC Section 207(e).

No existing language will be deleted.

10. Section 6
(Labor Management
Committee Updates)
The City and Union will form a Labor Management Committee framework for the Teamsters Miscellaneous Unit to meet
quarterly to review issues of concern. Representatives of all classifications in the bargaining units may participate in the Labor Management Committee and appropriate
representatives from management may participate in the
Labor Management Committee when agenda items include
their departments.

To address the City’s interest in creating efficiencies, increasing and saving revenue, enhancing its talent development efforts, including creating leadership and promotional opportunities for unit represented employees, and providing a voice for all employees, the parties agree to meet within 30 days of Council approval of the 2018 2023 revisions to the MOU to start discussing options for beginning the process of improving these efforts and opportunities

11. Section 24
(Grievance Update)
New Language to Be Inserted:

Step 1. Immediate Supervisor. A grievance may be filed by a unit member in his/her own behalf, or jointly by a group of unit represented employees, or by the Union.

Within fourteen (14) calendar days of the event giving rise to a grievance, the aggrieved shall present the grievance in writing to

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
his/her immediate Supervisor. Grievances not presented within the time period shall be considered resolved. The grievance shall state the particulars of the grievance, including the specific provision of this Memorandum of Understanding allegedly violated, and the desired remedy.

Step 2. Department Director. If the grievance is not resolved in Step 1, the aggrieved may, within fourteen (14) calendar days from receipt of the Supervisor's written answer, present the grievance in writing to the department director for consideration. The department director shall investigate the issues, meet with the grievant and attempt to reach a satisfactory resolution of the problem. Answer to the grievance shall be made in writing by the department director within fourteen (14) calendar days from receipt of the grievance.

Step 3. City Manager. If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration. The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 24 unless it has been filed in accordance with Sections 24.2.1 through 24.2.3.

24.2.31. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own representation, including preparation and post-hearing briefs, if any. Decisions of 1 City and Union Agree to adjust the numbering of sections upon final completion MOU

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and City and Teamsters Local 856—Miscellaneous: Tentative Agreement Provided to:

Teamsters L856
(Misc)
Date: June 23,2023
arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California. Prior to arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.

The arbitrator or mediator may be selected by mutual agreement between the Union and the City. Should the parties fail to mutually agree on an arbitrator/mediator, they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators/mediators. The Parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.

12. Non-Economics Parties agree to make technical corrections to MOU. This will include language to ensure future pay stubs will include monthly and hourly rate.

This Total Package Proposal includes any previously signed Tentative Agreements.

The City reserves the right to add additional proposals if authorized by the Mayor and City Council.

For the City__________________________
Yulia Carter
For Teamsters 856 ______________________
Mark Leach

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT D - Signed TA - Teamsters Local 856 Miscellaneous (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT E - Signed TA - Pacifica Police Officers Association (5408 : Resolutions Approving the MOUS Between the City and Represented

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Attachment: EXHIBIT E - Signed TA - Pacifica Police Officers Association (5408 : Resolutions Approving the MOUS Between the City and Represented

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Attachment: EXHIBIT E - Signed TA - Pacifica Police Officers Association (5408 : Resolutions Approving the MOUS Between the City and Represented

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Attachment: EXHIBIT E - Signed TA - Pacifica Police Officers Association (5408 : Resolutions Approving the MOUS Between the City and Represented

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Attachment: EXHIBIT F - Signed TA - Pacifica Police Management Association (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT F - Signed TA - Pacifica Police Management Association (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT G - Signed TA - Pacifica Police Supervisors Association (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT G - Signed TA - Pacifica Police Supervisors Association (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT G - Signed TA - Pacifica Police Supervisors Association (5408 : Resolutions Approving the MOUS Between the City and

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Attachment: EXHIBIT G - Signed TA - Pacifica Police Supervisors Association (5408 : Resolutions Approving the MOUS Between the City and

MEMORANDUM
OF

UNDERSTANDING

BETWEEN

THE CITY OF PACIFICA
AND

PACIFICA

BATTALION CHIEFS
IAFF, LOCAL 2400
July 1, 2023 Through June 30, 2025
ATTACHMENT 1 5.h
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TABLE OF CONTENTS
SECTION I. RECOGNITION ............................................................................................................... I

1.1 Union Recognition ........................................................................................................ 1

1.2 City Recognition ........................................................................................................... 1 SECTION 2. ORGANIZATION SECURITY....................................................................................... 2

2.1 Dues Deduction.............................................................................................................2

2.2 Changes Or Cancellation of Deductions......................................................................2

2.3 Indemnification..............................................................................................................2

2.4 Develop1nent of Law ....................................................................................................3

2.5 Government Code Provisions Incorporated By Reference .........................................3 SECTION 3. NO DISCRIMINATION...................................................................................................3 SECTION 4. UNION REPRESENTATNES .........................................................................................3

4.1 Bargaining Unit Represented Employee Contact Information....................................3

4.2 Union Access to New Employee Orientation...............................................................4

4.3 Attendance at Meetings by Unit Members...................................................................4

4.4 Access to Work Locations............................................................................................4

4.5 Use of City Facilities.................................................................................................... 5

4.6 Use of Bulletin Boards................................................................................................. 5

4.7 Advance Notice of Rules and Regulations...................................................................5 SECTION 5. PAY PLAN.......................................................................................................................5

5.1 Base Salaries - Battalion Chiefs Bargaining Unit Classifications.............................. 5

5.2 Fiscal Year 2020-2021 Salary Schedule...................................................................... 5

5.3 Fiscal Year 2021-2022 Salary Schedule...................................................................... 6

5.4 Fiscal Year 2022-2023 Salary Schedule...................................................................... 6

5.5 One Time Lump Sum Payment for Fiscal Year 2021-2022 and Fiscal Year 2022-2023 .............................············....................................................................... 6

5.6 Salary Schedule Regulations........................................................................................ 7

5.7 Salary for New Battalion Chief Employees................................................................. 7

5.8 Conversion of Rates..................................................................................................... 7

5.9 Pay Days ....................................................................................................................... 7

5.10 Salary Step Increases .................................................................................................. 7 MP #4822-2053-0040 v2 -1-

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TABLE OF CONTENTS
(continued)

5.11 Assignment of Salary by City Manager or Designee ...............................................8

5.12 Exceptional Contribution Adjustment........................................................................8

5.13 Salary upon Transfer or Promotion ...........................................................................8

5.14 Educational Incentive Programs................................................................................8

5.15 EMT Certificate Pay.................................................................................................10

5.16 Strike Team Leader Engine (STEN) Premium Pay ................................................10

5.17 Forty Hour Per Week (4 days X 10 hours) Work Schedule Differential Pay........10

5.18 401(a)(h) Plan-City Contribution.........................................................................10 SECTION 6. ANNIVERSARY DATE ..............................................................................................10 SECTION 7. DAYS AND HOURS OF WORK................................................................................10

7.1 40- Hour-Battalion Chief Forty Hour Per Week (4 days X 10 hours per day) Work Schedule .................................................................................................10

7.2 56-Hour Battalion Chief Work Schedule..................................................................11

7.3 Starting Time for 56-Hour Battalion Chief...............................................................11 SECTION 8. OVERTIME...................................................................................................................11

8.1 Authorization............................................................................................................. 11

8.2 Definition ................................................................................................................... 11

8.3 Call Back.................................................................................................................... 12 SECTION 9. LAYOFF/REINSTATEMENT FOLLOWING VOLUNTARY
RESIGNATION ........................................................................................................ 12

9.1 Layoff/Reduction of Force Within a Specific Classification .................................. 12

9.2 Reinstatement Following Voluntary Resignation.................................................... 12 SECTION 10. HOLIDAYS ................................................................................................................ 13

10.1 Authorized Holidays................................................................................................. 13

10.2 Holidays Falling on Saturday for the 40-Hour Battalion Chief............................. 13

10.3 Holidays Falling on a Sunday for the 40-Hour Battalion Chief............................ 13

10.4 Holidays Falling on a 40-Hour Battalion Chiefs Day Off.................................... 13

10.5 56-Hour Battalion Chief .......................................................................................... 13 SECTION 11. VACATIONS.............................................................................................................. 14

11.1 Eligibility .................................................................................................................. 14

11.2 Vacation Earned And Accrued ................................................................................ 14 11 5.h
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TABLE OF CONTENTS
(continued)

11.3 Time Charged................................................................................................................15

11.4 Vacation Credits Advance ............................................................................................15

11.5 Vacation Scheduling & Accumulation ........................................................................15

11.6 Sick Leave During Vacation........................................................................................16

11.7 Separation from Service ...............................................................................................16

11.8 Return of Vacation........................................................................................................16 SECTION 12. ANNUAL EARNED SICK LEAVE.............................................................................16

12.1 Sick Leave Accn1al.......................................................................................................16

12.2 Usage..............................................................................................................................16

12.3 Incapacity to Perfonn Duties .......................................................................................17

12.4 Sick Leave Accrual.....................................................................................................18

12.5 Sick Leave at Retirement .............................................................................................18

12.6 Sick Leave at Termination............................................................................................18 SECTION 13. LEAYES OF ABSENCE................................................................................................18

13.1 Family Illness Leave .....................................................................................................18

13.2 Jury Duty ....................................................................................................................... 19

13.3 Military Leave .............................................................................................................. 19

13.4 Campaign Leave........................................................................................................... 19

13.5 Leave of Absence Without Pay................................................................................... 19

13.6 Bereavement Leave...................................................................................................... 19

13.7 Absence Without Official Leave ................................................................................ 20

13.8 Disability Leave With Pay........................................................................................... 20

13.9 Family Care and Medical Leave ................................................................................. 21

13.10 Pregnancy Disability Leave.......................................................................................... 25 SECTION 14. HEALTH AND WELFARE.......................................................................................... 26

14.l Medical Insurance - City Contributions.................................................................... 26

14.2 Dental, Orthodontia, and Vision.................................................................................. 28

14.3 Life and Disability Insurance ...................................................................................... 28

14.4 Domestic Partners Health Benefits............................................................................. 29

14.5 Coverage During Unpaid Leave................................................................................... 29

TABLE OF CONTENTS
(continued)

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14.6 Medical Flexible Spending Account....................................................................... 29

14.7 Dependent Care Flexible Spending Account. ........................................................ 29

14.8 Extended Medical, Dental, Prescription Drugs for Battalion Chiefs Unit Members................................................................................................................... 29

14.9 Commuter Assistance Account............................................................................... 30

14.10 Participation in Tax-Sheltered Annuities................................................................ 30

14.11 Participation in IRS 457 Deferred Compensation Plan.......................................... 30 SECTION 15. UNIFORMS................................................................................................................. 31 SECTION 16. PROBATIONARY PERIOD..................................................................................... 31

16.1 Duration.................................................................................................................... 31

16.2 Time Credited........................................................................................................... 32

16.3 Regular Status .......................................................................................................... 32

16.4 Layoff. ...................................................................................................................... 32

16.5 Transfer..................................................................................................................... 32

16.6 Probationary Unit Represented Employees............................................................. 32 SECTION 17. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE ............................... 32 SECTION 18. GRIEVANCES............................................................................................................ 33

18.1 Definition.................................................................................................................. 33

18.2 Procedure ..................................................................................................................33

18.3 No Change to Memorandum ...................................................................................34

18.4 Demotion, Suspension and Dismissal Grievances..................................................34

18.5 Compensation Complaints.......................................................................................35

18.6 Mutual Agreement on Changes ...............................................................................35

18.7 NoStrike....................................................................................................................35 SECTION 19. PROMOTIONAL TEST SCORES ............................................................................35 SECTION 20. RETIREMENT PLAN................................................................................................35

20.1 City's Contract with CalPERS.................................................................................35

20.2 CalPERS Election about Battalion Chiefs Unit Represented Employee's Payment of City's Pension Costs.............................................................................36

20.3 Battalion Chiefs Unit Represented Employee 's Payment of City's Pension Costs..........................................................................................................................36

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TABLE OF CONTENTS
(continued)
Page

20.4 Tier One: Safety 3.0% at 55 Retirement Program - Battalion Chiefs Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Battalion Chiefs Unit Represented Employees Eligible for Reciprocity................................................................................................................ 36

20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees in Battalion Chiefs Hired On or After January 1, 2013 ......................37

20.6 Implementation oflntemal Revenue Code Section 414(h)(2)...............................38

20.7 Definition of Status Quo Ante .................................................................................38 SECTION 21. TRANSITIONAL WORK ..........................................................................................39 SECTION 22. COMMON MESS.......................................................................................................39 SECTION 23. SEPARABILITY OF PROVISIONS.........................................................................39 SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING.................................................................................................39 SECTION 25. TERM OF AGREEMENT..........................................................................................39 SECTION 26. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF
UNDERSTANDING...................................................................................................40

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Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City

MEMORANDUM OF UNDERSTANDING
between

CITY OF PACIFICA
and
PACIFICA BATTALION CHIEFS, IAFF LOCAL 2400
Pacifica Battalion Chiefs, IAFF Local 2400 and representatives of the City of Pacifica have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of unit represented employees in the representation unit specified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such unit represented employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.

This Memorandum of Understanding (MOU) shall be presented to the City Council as the joint recomnendations of the undersigned for salary and benefit adjustments for the period commencing the date the City Council approves this MOU through June 30, 2025.

As used throughout this Memorandum of Understanding, the pronoun designation he or his is intended to be applicable to both the male and female gender.

SECTION 1. RECOGNITION

1.1 Union Recognition
The City of Pacifica recognizes the Pacifica Battalion Chiefs, IAFF Local 2400 ("Union"), as the employee organization representing the majority of unit represented employees included below. The Unit consists of all employees in classifications as may be added to the Unit by the City during the term of this Memorandum.

Classifications currently included in the Unit include:
• 40-Hour Battalion Chief;
• 56-Hour Battalion

1.2 City Recognition
The City Manager or designee, or any person or organization duly authorized by the City Manager or designee, isthe representative of the City of Pacifica, hereinafter referred to as MP #4822-2053-0040 v2 -1-

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Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 2 the "City" in employer-employee relations as provided in Resolution No. 29-84 adopted by the City Council on April 23, 1984.

SECTION 2. ORGANIZATION SECURITY

2.1 Dues Deduction
The City shall rely on a w1itten ce1tification from the Union requesting a deduction or reduction from employees' salaries or wages confirming that the Union has and will maintain individual signed employee authorizations affirmatively consenting to dues deductions consistent with the law. After providing the required certification, the Union shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization.

Based on the certification from the Union described above, the City shall deduct monthly, the amount of Union regular and periodic dues and fees, insurance premiums, and any special membership assessments as may be specified by the Union under the authority of an authorization card furnished by the Union. Dues deduction for any individual shall be made only upon the written request of the Union.

The deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Union office at the address specified by the Union.

The City shall provide the Union with a list of newly hired unit members as required by Section 4.1.

The unit member's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions authorized by this Section. When a unit member is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay pe1iod from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in pay status during that period. If a unit member is in a non-pay status during a part of the pay period, and that unit member's salary is not sufficient to cover the full withholding, the City shall not deduct Union dues. In this connection, all other required deductions have priority over the Union dues and unit member organization deduction.

2.2 Changes Or Cancellation of Deductions
Dues deductions may be revoked only pursuant to the terms of the employee's written authorization. The City shall direct employee requests to cancel or change deductions to the Union. As required by state law, the City shall rely on information provided by the Union regarding whether deductions for the Union were properly canceled or changed.

2.3 Indemnification
The Union shall indemnify and hold harmless the City, its officers and employees, from and against any and all loss, damages, costs, expenses, claims, attorney fees, demands,

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Packet Pg. 100 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 3 actions, suits, judgments, and other proceedings arising out of any action relating to this Section 2. The Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

2.4 Development of Law
In the event any portion of the California Government Code is amended to address the transfer of monies between the Union and the City, the parties will reopen this section of the MOU to meet and confer regarding the change in law.

2.5 Government Code Provisions Incorporated By Reference The parties incorporate by reference the provisions of Government Code sections 1150- 1157.l 2.

SECTION 3. NO DISCRIMINATION
The City of Pacifica prohibits harassment and discrimination in the workplace on the basis of race, religious creed, color, national origin, citizenship status, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, and related medical conditions), gender, gender identity, gender expression, age, sexual orientation, AIDS/HIV, political activities or affiliations, military and veteran status, status as a victim of domestic violence, assault, or stalking, or legitimate employee organization activities.

It is the policy of the City that all unit represented employees have the right to work in an environment free from any such harassment and discrimination. Such prohibited activity debilitates the morale and productivity of the victims and their co-workers. The City does not condone any form of such harassment or discrimination and those who engage in such activities shall be subject to disciplinary action up to and including termination.

SECTION 4. UNION REPRESENTATIVES

4.1 Bargaining Unit Represented Employee ContactInformation To the extent required by Government Code Section 3558, the City shall provide the Union President with a list of names and contact information (listed below) for any newly hired unit represented employee within 30 days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Union a list of all unit represented employee names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,

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Packet Pg. 101 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 4 • Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.

4.2 Union Access to New Employee Orientation
The City will provide a written statement to each new bargaining unit represented employee that the classification is part of a bargaining unit represented by the Union, and the name of a representative of the Union. The City will provide the employee with a packet of information and an electronic membership application form supplied by the Union.

The City will provide the Union President not less than ten (10) days' notice of the onboarding orientation meeting held between the Human Resources Department representatives and new bargaining unit represented employees, including the date, time and location of the orientation meeting. If a bargaining unit represented employee's first day or work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.

4.3 Attendance at Meetings by Unit Members
Unit members who are official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City Manager or designee. Such unit member representatives may be required to submit a written request for excused absence to their respective department director, with an information copy to the Assistant City Manager or designee/Human Resources Department, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of unit members excused for such purposes shall not exceed two (2).

4.4 Access to Work Locations
Reasonable access to unit represented employee work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation.

Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

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Packet Pg. 102 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 5 Solicitation of membership and activities concerned with the internal management of the Union, such as collecting dues, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours unless approved in advance by the City Manager or designee.

4.5 Use of City Facilities
Unit represented employees or the Union, or its representatives, may with the prior approval of the City Manager or designee, be granted the use of City facilities for meetings of unit represented employee provided space is available, and provided further such meetings are not used for organizing activities or membership drives of City employees.

All such requests shall be in writing and shall state the purpose or purposes of the meeting.

The City reserves the right to assess reasonable charges for the use of such facilities.

4.6 Use of Bulletin Boards
The Union shall be allowed use of available bulletin board space in fire stations for communications having to do with official Union business, provided that the material posted is not derogatory to City officials, employees or other employee organizations in the judgment of the Fire Chief All materials must be dated and must identify the organization that published them.

4.7 Advance Notice of Rules and Regulations
Except in cases of emergency, reasonable advance written notice shall be given to the Union if it is affected by any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, as the Union shall be given the opportunity to meet with such body or its representatives prior to adoption. In cases of emergency when the City Manager or designee determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the Union, the City Manager or designee shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Notices shall be sent to the designated Union representative.

SECTION 5. PAY PLAN

5.1 Base Salaries- Battalion Chiefs Bargaining Unit Classifications The monthly base salaries are described in Sections 5.1, 5.2, 5.3, and 5.4, set forth in Appendix A-1, A-2, and A-3.

5.2 Fiscal Year 2023-2024 Salary Schedule
Effective July 1, 2023, the City shall improve the base salary schedule for all Battalion Chiefs bargaining unit classifications by two percent (2.0%) over the 2022-2023 salary

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Packet Pg. 103 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 6 schedule set forth in Appendix A-1 for Battalion Chiefs bargaining unit represented employees in active, paid status on the effective date.

Effective July 1, 2023, the City shall provide an additional four percent (4%) equity adjustment over the Fiscal Year 2022-2023 Battalion Chiefs Salary Schedule in Appendix A-1 for current bargaining unit represented employees in active, paid status on the effective date. The 2023-2024 salary schedule for Battalion Chiefs bargaining unit represented employees includes the 2023-2024 equity adjustment and shall be titled "Fiscal Year 2023-2024 Battalion Chiefs Salary Schedule" and shall be attached to this Agreement as Appendix A-2.

5.3 Fiscal Year 2024-2025 Salary Schedule
Effective July 1, 2024, the City shall improve the base salary schedule for all Battalion Chiefs bargaining unit classifications set forth in Appendix A by twopercent (2.0%) over the Fiscal Year 2022-2023 salary schedule in Appendix A-2 for Battalion Chiefs bargaining unit represented employees in active, paid status on the effective date.

Prior to March 1, 2024, the City and Union shall Meet-and-Confer in accordance with the MMBA over equity adjustments to go into effect on July 1, 2024 for Battalion Chiefs based upon year one equity adjustments and a completed Classification/Compensation Study. . The Fiscal Year 2023-2024 salary schedule for Battalion Chiefs bargaining unit represented employees shall include any 2024-2025 equity adjustment (if applicable) that is agreed upon and shall be titled "Fiscal Year 2024-2025 Battalion Chiefs Salary Schedule" and shall be attached to this Agreement as Appendix A-3. .

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Packet Pg. 104 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 7 5.4 Salary Schedule Regulations
The rates of pay set forth in Appendices A-1, A-2 and A-3 represent the standard or base rate of pay for full-time employment for Battalion Chiefs unit represented employees.

Compensation for Battalion Chiefs unit represented employees working less than fulltime shall be adjusted proportionately. The rates of pay set forth in Appendices A-1, A2, and A-3 represent the total compensation due Battalion Chiefs unit represented employees, except for overtime compensation and other benefits specifically provided for by City Council or this Memorandum of Understanding; and do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.

The hourly rate of pay for the 40-Hour Battalion Chief shall be calculated by multiplying the appropriate monthly rate by twelve (12) and dividing the total by 2080. The hourly rate of pay for the 56-Hour Battalion Chief shall be calculated by multiplying the appropriate monthly rate by twelve (12) and dividing by 2,912.

5.5 Salary for New Battalion Chief Employees
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which such new employee is appointed. In case of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be at any step set by the City Manager or designee, whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the Battalion Chiefs unit represented employee is appointed.

5.6 Conversion of Rates
For Battalion Chief unit represented employees, any monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager or designee, such a conversion is advisable. Such conversion shall not contravene the provisions of this Memorandum of Understanding.

5.7 Pay Days
Battalion Chief unit represented employees shall be paid bi-weekly, normally on a Friday every other week. When a holiday is celebrated on a Friday payday, unit represented employees normally will be paid on the regular workday immediately preceding that Friday.

5.8 Salary Step Increases
No increase in salary shall be automatic merely upon completion of a specific period of service. All increases shall be based upon merit as established by the record of the Battalion Chief unit represented employee's performance and shall require recommendation of the department director and approval of the City Manager or designee.

Standards of performance shall become progressively higher as the Battalion Chiefs unit represented employee advances through the salary range. In the case of inferior work, lack of application, or indifferent attitude, increase in salary may be withheld, or the salary

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Packet Pg. 105 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 8 of the unit represented employee may be reduced to a lower step within the established salary range for this classification upon recommendation of the Fire Chief and approval of the City Manager or designee. Any regular unit represented non-probationary employee shall be given a written statement of the justification for reduction in salary and shall be entitled to appeal as provided in Section 18, Grievances.

5.9 Assignment of Salary by City Manager or Designee
If the City Manager or designee at any time determines that it is in the City's interest, she or he may assign unit represented employees to a higher rate within the salary range fixed for the classification. The City Manager or designee shall regulate the accelerated advancement through the salary range.

5.10 Exceptional Contribution Adjustment
When a Battalion Chiefs unit represented employee makes a unique contribution to the City that is not expected in the normal discharge of the responsibilities of the position, and when such contribution is obvious by its significance, substantial, and unique nature, the individual may be awarded an exceptional contribution adjustment. Such an award will be limited to a maximum of five percent (5%) and be granted in a lump sum or for a specific limited period of time not to exceed twelve (12) months. The actual percentage amount up to the five percent (5%) limit and the time interval it is to be awarded for will be determined by the City Manager or designee and will be based upon the quality and significance of the contribution that is being recognized. There shall be no more than one (1) exceptional contribution adjustments for the Battalion Chief bargaining unit in any one (1) year.

5.11 Salary upon Transfer or Promotion
For Battalion Chief unit represented employees, the transfer of a unit represented employee shall not be cause for a change in salary.

Consistent with City policy, upon promotion, unit represented employees shall be entitled to an increase in salary of at least one step but not less than five percent (5%) above their current salary; provided, however, that in no event shall the unit represented employee receive more than the maximum salary for the classification.

5.12 Educational Incentive Programs
The Fire Battalion Chief Education Incentive Program is as follows:

5.12.1 Certificate or Degree
In addition to the unit represented employee's base rate of pay, the City shall pay a unit represented employee who holds a "Chief Officer's Certificate" or a Bachelor of Arts or Bachelor of Science degree from a state or regionally accredited university, three and one-half percent (3.5%) of the unit represented employee's base rate of pay.

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Packet Pg. 106 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 9 5.12.2 Successful Completion of Course Work
In addition to the unit represented employee's base rate of pay, the City shall pay a unit member, who successfully completes the course work required by this section, five percent (5.0%) of a unit represented employee's base rate of pay.

To be eligible for this incentive pay, the unit represented employee must successfully complete each calendar year, forty (40) hours of course work, approved by the Fire Chief or Fire Chief's designee including, but not limited to, (1) Fire Inspection Practices - Command/Tactics-Instructor, (2) Training - Code Enforcement/UBC-UFC-Management/Supervision-Hazardous Materials Management/Supervision-Hazardous Materials Management.

Eligible course work completed between January 1 and December 31 of each respective calendar year shall qualify a unit represented employee for educational incentive pay for the following calendar year respectively.

5.12.3 Tuition Reimbursement
Unit represented employees are eligible to participate in the City's tuition reimbursement program per City policy and procedure. A unit represented employee shall be reimbursed up to a maximum to two thousand dollars ($2,000) per fiscal year for tuition and related fees paid for courses of study in an off-duty status if the subject matter content of the course is closely related to the unit represented employee's present work assignment, or if the unit represented employee is enrolled in a program of study related to the unit represented employee's work assignment (declared major). There must be a reasonable expectation that the unit represented employee's work performance or value to the City will be enhanced as a result of the course of study.

The unit represented employee must submit a claim form for reimbursement to the Fire Chief, giving all the information needed for an evaluation of the request.

The Fire Chief shall recommend approval or disapproval and forward the request to the Assistant City Manager or designee, whose decision shall be final. If a course is approved and later found to be unavailable, a substitute course may be approved after enrollment.

Upon completion of the course, the unit represented employee must provide the City with a copy of the grade sheet or certificate which must be filed in the Personnel Office for placement in the unit represented employee's personnel file. All reimbursements must be returned to the City in full if the unit represented employee does not achieve at least a "C" grade. Upon leaving City employment, a unit represented employee is not required to refund any such reimbursement to the City.

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Packet Pg. 107 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City

5.13 EMT Certificate Pay
Unit represented employees who possess and maintain an EMT Certificate, including EMT D when the Pacifica Fire Department has such a program, shall receive the EMT incentive pay of 5.5% (five and one-half percent) of the top step Battalion Chief base pay.

5.14 Strike Team Leader Engine (STEN) Premium Pay
The City shall pay $55.38 per pay period to a unit represented employee who has completed and maintained currency in the California Incident Command Certification System ("CICCS") Qualification Guide defined training, experience, fitness level, and is qualified to be assigned as a strike team leader engine (STEN).

5.15 Forty Hour Per Week (4 days X 10 hours) Work Schedule Differential Pay For a Battalion Chief unit represented employee who is assigned to a 40 hour per week (4 days x 10 hours per day) work schedule, the City shall pay, in addition to the unit represented employee's base pay, an incentive pay equal to two and one-half (2.5%) of the individual unit represented employee's base pay.

5.16 401(a)(h) Plan - City Contribution
Each pay period, the City shall contribute the following amounts to a 401(a) and 401(h) plan for each unit member:
401 (a)
401 (h)

2.25%

0.75%
SECTION 6. ANNIVERSARY DATE
For all purposes except eligibility for salary increases, a unit represented employee's anniversary date shall be the date of initial hire. For the purposes of salary administration in cases of promotion, demotion or reinstatement, the anniversary date shall be the effective date of the promotion, demotion or reinstatement.

SECTION 7. DAYS AND HOURS OF WORK
Forty Hour Per Week (4 days X 10 hours per day) Work Schedule

7.1 40- Hour-Battalion Chief Forty Hour Per Week (4 days X 10 hours per day) Work Schedule
The City may assign a 40-Hour Battalion Chief unit member to work a forty hour week with a 4 days per week and 10 hours per day schedule.

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Packet Pg. 108 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 11 7.2 56-Hour Battalion Chief Work Schedule
The 56-Hour Battalion Chief works a 24 hour shift and is covered by Section 7k of FLSA. The City Manager, Assistant City Manager and the Fire Chief will meet and confer with the Union regarding any change in the work schedule for the 56-Hour Battalion Chief. The work schedule is as follows
X = 24 hour on-duty period.
0 = 24 hour off-duty period.
xxooooxxooooxxooooxxoooo
The 56-Hour Battalion Chief's work schedule consists of a 24-day (twenty-four), 182 hour 7(k) FLSA work period. The 56-Hour Battalion Chief is regularly scheduled to work 192 hours in a 24-day work period. FLSA overtime is created after 182 hours of work in the 24 day work period.

7.3 Starting Time for 56-Hour Battalion Chief
The regular starting time for the 56-Hour Battalion Chief will be 8 A.M.

SECTION 8. OVERTIME

8.1 Authorization
All overtime work must be approved in advance by the Fire Chief or his designated representative; provided, however, that for emergency conditions the Fire Chief may approve exceptions to this procedure.

8.2 Definition
Any authorized time worked in excess of the unit represented employee's regular workweek shall be considered overtime and shall be compensable at the rate of one and one-half (1-1/2) times the unit represented employee's regular straight-time rate of pay.

The term time worked shall be in accordance with the definition contained in the Fair Labor Standards Act. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the unit represented employee. Such overtime compensation pay be either in the form of a direct cash payment or in the form of compensatory time off to the extent permitted by applicable State or Federal law, at the discretion of the Fire Chief with due consideration of any preference expressed by the unit represented employee. Compensatory time off which accrues in excess of one hundred twelve (112) hours must be liquidated by monetary payment. Unit represented employees who te1minate employment shall be paid for all compensatory time off accrued.

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Packet Pg. 109 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 12 8.3 Call Back
When the Fire Chief or Fire Chiefs designee calls a unit represented employee back to work after the unit represented employee has completed a normal shift for the day, the City shall pay the unit represented employee a minimum of two (2) hours of overtime pay.

SECTION 9. LAYOFF/REINSTATEMENT

RESIGNATION

FOLLOWING VOLUNTARY

9.1 Layoff/Reduction of Force Within a Specific Classification At least ten (10) working days prior to the effective day of the layoff, the City Manager or designee, or where the authority has been delegated by the City Manager or designee, the City Manager or designee's representative shall notify the unit represented employees affected in writing. Layoff shall be made within the classes of positions and all temporary unit represented employees in affected classifications shall be laid off prior to layoff of any probationary or permanent unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served in military leave of absence.

Unit represented employees laid off shall have the right to displace the unit represented employees in the same classification having the least seniority. Names of persons laid off shall be placed upon re-employment lists in order of total cumulative time served and shall remain on such list for a period of two (2) years unless re-employed sooner. Sick leave and seniority rights earned prior to layoff will be returned to the unit represented employee upon re-employment. Upon request of the unit represented employee, with the permission of the City Manager or designee, demotion may be made to a vacant position in place of layoff. The City Manager or designee's decision shall be final.

9.2 Reinstatement Following Voluntary Resignation
A permanent unit represented employee who voluntarily resigns in good standing may, within twelve (12) months of the effective date of such resignation, request to be reinstated to his/her former position. If a vacancy exists, the City shall consider such request. If the request is approved, and the unit represented employee has been separated from service for thirty (30) days or less, his/her seniority earned prior to the unit represented employee's resignation shall be restored. If the request is approved, and the unit represented employee has been separated from service for more than thirty (30) days, his/her seniority earned prior to resignation shall not be restored. Re-employment lists shall take precedence over requests for reinstatement.

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Packet Pg. 110 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 13 SECTION 10. HOLIDAYS

10.1 Authorized Holidays
The holidays in this City are:
(1) January 1st
(2) Third Monday in January
(3) Third Monday in February
(4) Last Monday in May
(5) July 4th
(6) First Monday in September
(7) November 11th
(8) Fourth Thursday in November
(9) Fourth Friday in November
(10) December 24th
(11) December 25th
(12) June 14th
(13) October 12th
(New Year's Day)
(Martin Luther King,Jr.'s Birthday)
(President's Day)
(Memorial Day)
(Independence Day)
(Labor Day)
(Veterans Day)
(Thanksgiving Day)
(Friday after Thanksgiving Day)
Christmas Eve Day
(Christmas Day)
(Flag Day)
(Columbus Day)

10.2 Holidays Falling on Saturday for the 40-Hour Battalion Chief If one of the holidays listed above falls on a Saturday and the 40-Hour Battalion Chief is not regularly scheduled to work that day, the 40-Hour Battalion Chief's last regularly scheduled workday preceding the holiday shall be considered a holiday.

10.3 Holidays Falling on a Sunday for the 40-Hour Battalion Chief If one of the holidays listed above falls on a Sunday and the 40-Hour Battalion Chief is not regularly scheduled to work that day, the 40-Hour Battalion Chiefs first regularly scheduled workday following the holiday shall be considered a holiday.

10.4 Holidays Falling on a 40-Hour Battalion Chief's Day Off If one of the holidays listed above falls on a 40-Hour Battalion Chiefs day off other than a Saturday or Sunday or if a 40-Hour Battalion Chief is required to work on a holiday, he shall be allowed a regular workday off at a time determined by agreement between the 40-Hour Battalion Chief and the department director. If the department director determines that it is not feasible to grant such other workday off, including those workdays considered holidays in Sections 10.2 and 10.3, the 40 Hour Battalion Chief shall be paid for the holiday worked on the basis of straight-time but not to exceed eight (8) hours for any one (1) holiday. Such compensation shall be paid semi-annually on the payday closest to June 1st and December 1st.

10.5 56-Hour Battalion Chief
The 56-Hour Battalion Chief is assigned to the work schedule defined in Section 7.2. The 56-Hour Battalion Chief shall receive seven and one-half percent (7.5%) of base pay as

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Packet Pg. 111 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 14 holiday in-lieu pay to be paid out proportionally over each pay period. The 56-Hour Battalion Chief shall not receive the 40-hour Battalion Chief forty hour per week (4 days x 10 hours week) work schedule differential pay of two and one-half percent (2.5%) set forth in Section 5.17.

The 56-Hour Battalion Chief shall receive prorated holiday compensation upon termination, such compensation to be eight (8) hour at the hourly equivalent rate based on a forty hour workweek for each holiday listed in Section 10.1 which had occurred prior to the employee's termination date and for which the employee has not received compensation.

SECTION 11. VACATIONS

11.1 Eligibility
All unit represented employees shall be entitled to annual vacation leave except unit represented employees serving the first six (6) months of the original twelve (12) months probationary period.

11.2 Vacation Earned And Accrued

11.2.1 40-Hour Battalion Chief Vacation Accrual Schedule A 40-Hour Battalion Chief shall be credited with vacation shifts from the date of his/her regular appointment by the City as a member of the Fire Service each pay period at the rates described in the chart below. For the purpose of determining the amount of vacation shifts credited, an employment year shall be defined as the period of one (1) year from the anniversary date of such appointment by the City.

Years of City
Service
Hours Per Pay Period
(26 pay periods per
year)
1st yr. through 5th
yr.

3.38 6th yr. through 10th
yr.

4.92 11th Year 5.23
12th Year 5.54
13th Year 5.85
14th Year 6.15
15th Year 6.77

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Packet Pg. 112 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 15 16th Year 7.08
17th Year 7.38
18th Year 7.69
19th Year 8.0
20th Year & Up 8.31

11.2.2 56-Hour Battalion Chief.

A 56-Hour Battalion Chief shall be credited with vacation shifts from the date of his/her regular appointment by the City as a member of the Fire Service each pay period at the rates described in the chart below. For the purpose of determining the amount of vacation shifts credited, an employment year shall be defined as the period of one (1) year from the anniversary date of such appointment by the City.

Years of City Service
1st Year - 3ro Year of Service
4th Year - 11th Year of Service
12th Year- 19th Year of Service
20th_ 24th Year of Service
25th Year of Service and above
Shifts Per Year
6 8
10 11
12 11.3 Time Charged
Vacation time shall be charged on the basis of the actual number of working hours the unit represented employee is on vacation to the nearest 1/10th hour.

11.4 Vacation Credits Advance
Unit represented employees may take only such vacation as they have accumulated at the time that the vacation begins, except after three (3) years of service the unit represented employee may draw upon anticipated vacation credits not to exceed five (5) working days per year. At termination of employment, the unit represented employee shall reimburse the City for any vacation taken in excess of vacation credit.

11.5 Vacation Scheduling & Accumulation
The times during the calendar year at which a unit represented employee may take her/his vacation shall be determined by the Fire Chief with due regard to the needs of the service and desires of the unit represented employee. If requirements of the service or the desires of the unit represented employee are such that a unit represented employee must defer part or all of his annual vacation in a particular year, the Fire Chief may permit the unit member to take such deferred vacation during the following calendar year. No unit

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Packet Pg. 113 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 16 represented employee may accumulate more than twice his annual vacation allowance, except that unit represented employees employed in the Battalion Chief classification on August 8, 2016 shall be allowed to accumulate up to a maximum of 576 hours of vacation.

11.6 Sick Leave During Vacation
If a unit represented employee becomes sick during his vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 12 (Sick Leave). A doctor's certificate shall be required and shall be submitted prior to such charge against sick leave credits.

11.7 Separation from Service
Unit represented employees who terminate employment shall be paid a lump sum for all accrued vacation leave earned prior to the effective day of termination. Former unit represented employees re-employed by the City shall receive no credit for prior service in determination of vacation benefits.

11.8 Return of Vacation
Unit represented employees will be allowed to sell to the City a maximum of 76 hours of vacation leave per year, at the individual's hourly base rate. The hourly base rate for purposes of this Section 11.8 shall be calculated according to the monthly base rate in Section 5.1 converted to an hourly rate as specified in Section 5.6. The unit represented employee must have a minimum of 144 hours of accrued vacation before selling vacation to the City. The unit represented employee may sell any amount to the City up to 76 hours of vacation but may request such sell back only once per fiscal year. It also must coincide with a regular payroll period, and there must be at least 32 hours vacation balance remaining after the sell back.

SECTION 12. ANNUAL EARNED SICK LEAVE

12.1 Sick Leave Accrual
Unit represented employees shall earn sick leave credit at the rate of 5.53 hours for each two (2)-weeks' service.

12.2 Usage
Sick leave shall not be considered a privilege that a unit represented employee may use at his discretion but shall be allowed only in cases of necessity and actual sickness of the unit represented employee or the unit represented employee's designated family members, as allowed by family illness leave, including necessary physician appointments or disability.

Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:

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Packet Pg. 114 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 17 12.2.1

12.2.2 12.2.3

12.2.4 For the unit represented employee's own illness or injury or for the illness or injury of the unit represented employee's family member. For purposes of this Section, "family member" is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit member stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an unit represented employee or the unit represented employee's spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State), or a person who stood in loco parentis when the unit represented employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.

For the unit represented employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee's family member.

For unit represented employee s who are victims of domestic violence, sexual assault or stalking as specified in state law.

Each hour of illness or injury shall be deducted from the unit represented employee's accumulated sick leave benefits.

Sick leave shall be charged against a unit represented employee's sick leave credit as the actual number of hours of the regular work period that the unit represented employee is on sick leave. All unit represented employee s shall be entitled to sick leave compensation except unit represented employee s serving the first thirty (30) days of the original one (1) year probationary period.

In order to receive compensation while absent on sick leave, a unit represented employee shall notify his immediate supervisor prior to or within one-half (1/2) hour after the time set for the beginning of the unit m represented employee's daily duties.

When the absence is for more than one (1) working day, or from the first shift day of illness in the case of shift employees, unit represented employees may be required to file a physician's statement with the department verifying a medical reason for the absence.

12.3 Incapacity to Perform Duties
The City Manager or designee may require any unit represented employee who City Manager or designee believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City's expense.

If, as a result of the physician's examination, the unit represented employee is determined to be incapacitated to perform the unit represented employee's duties, the City Manager or designee or department director will engage in the interactive process, to the extent required by law, and may place the unit represented employee on leave of absence without pay. A unit represented employee may use accrued sick leave, vacation or compensatory

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Packet Pg. 115 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 18 time prior to being placed on a leave of absence without pay. However, the unit represented employee may be eligible for long-term disability benefits under Section

14.3.2 (Long-Term Disability). Vacation and sick leave credits shall not accrue when a unit represented employee is on such leave of absence.

12.4 Sick Leave Accrual
Maximum accrual of 200 days or 100 working shifts. Not applicable to members of this bargaining unit with twenty-five (25) years or service or more. Retiring employees of this unit shall transfer the pay for 50% of unused sick not to exceed 116 shifts or 58 working shifts (i.e., not to exceed a total of 1392 hours) into a Retirement Health Savings Account.

In negotiations for a successor MOU, the parties agree to discuss revisions to this Section

12.4 to reflect the current 10-hour shifts.

12.5 Sick Leave at Retirement
The City has amended its contract with PERS to provide credit for unused sick leave, pursuant to Government Code Section 20965. Sick leave transferred to the HSA account pursuant to Section 12.4 shall not be counted toward PERS credit.

12.6 Sick Leave at Termination
Unit represented employees resigning from the City, terminated by the City, otherwise terminating their City employment, or being terminated by the City shall forfeit all unused sick leave benefits as of the termination date. Former unit represented employees reemployed by the City shall receive no credit for prior service in determination ofsick leave benefits.

SECTION 13. LEAVES OF ABSENCE

13.1 Family Illness Leave
As permitted by Labor Code Section 233, a unit represented employee may use up to a maximum of six (6) days per year of the unit represented employee's accrued sick leave per calendar year to attend to an illness of a family member as defined in Section 12.2.1.

All conditions and restrictions placed by the employer upon the use by a unit represented employee of sick leave also shall apply to the use by a unit represented employee of sick leave to attend to an illness of his or her family member as defined in Section 12.2.1.

This Section does not extend the maximum period of leave to which an unit represented employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.), regardless of whether the unit represented employee receives sick leave compensation during that leave. As in use of sick leave for the unit represented employee's own illness, a doctor's note may be required if the family member's illness is more than one day.

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Packet Pg. 116 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 19 13.2 Jury Duty
A unit represented employee summoned to jury duty shall inform his supervisor and, if required to serve, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee's department director, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses. When the unit represented employee is released from jury duty each day, he shall report to work promptly for the balance of his scheduled shift or workday.

13.3 Military Leave
The provision of the Military and Veterans Code of the State of California as well as the Uniformed Services Employment and Reemployment Act shall govern military leave of City unit represented employees.

13.4 Campaign Leave
Upon becoming a candidate for public office any regular unit represented employee may request and be granted a leave of absence without pay, to remain in effect for the period of his candidacy.

13.5 Leave of Absence Without Pay
Upon written request, the City Manager or designee may grant a unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year.

The City Manager's-or designee's decision shall be final. Upon expiration of leave of absence, the unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification. Failure on the part of a unit represented employee on leave to report promptly upon its expiration, or within fifteen (15) days after notice to return to duty, shall result in such unit represented employee's automatic dismissal. Vacation, sick leave, and seniority credits shall not accrue to a unit represented employee on voluntary leave of absence. A copy of the letter granting leave shall be forwarded to the Union within ten (10) calendar days of the commencement of the leave.

13.6 Bereavement Leave
In case of death within the immediate family of a unit represented employee, a unit represented employee shall be entitled to remain absent from duty with pay in order to attend and/or arrange the funeral or memorial services, not to exceed five (5) days.

Bereavement leave is not to be charged to sick or vacation leave.

For the purpose of this Section 13.6, immediate family is defined as parent, sibling, spouse, domestic partner, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, great grandparents, stepchildren, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship.

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Packet Pg. 117 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 20 Additionally, all Employees are permitted 5 days of Unpaid Bereavement Leave upon the death any family member listed in Section 12945.2 of the Government Code. The Paid Bereavement leave runs concurrent with the 5 Day Bereavement Leave. However, the leave days need not be consecutive. All employees may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee during Unpaid Bereavement Leave. Proof of death (death certificate, obituary, funeral program, etc.) or proof of miscarriage/stillbirth (a note from a healthcare provider) must be submitted within 30 calendar days of when the employee returns to work. Additional time off for this purpose must be vacation, C.T.O., or unpaid leave. Bereavement leave must be approved by the Department Head.”

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Packet Pg. 118 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 21 13.7 Absence Without Official Leave
Failure of a unit represented employee to report for duty on a normal working day or shift without notice to the department director or designated representative of the reason for such absence within one-half (1/2) hour after the time designated as the beginning of the workday shall constitute absence without official leave and without pay. Unit represented employees should make every effort to contact the department director or designated representative prior to the start of their shift if they plan to be absent.

Absence without official leave for any length of time without satisfactory explanation is cause for dismissal. Absence without official leave for five (5) or more consecutive days shall be deemed a tender of resignation.

13.8 Disability Leave With Pay
Any regular or probationary unit represented employee occupying a regular position who is absent from duty because of disability caused by illness or injury arising out of and in the course of such unit represented employee's employment with the City that has been declared to be compensable under workers' compensation law shall be allowed a disability leave with pay for the period of incapacity as determined by a physician, but not to exceed three hundred sixty-five (365) calendar days for any one illness or injury. The unit represented employee's compensation during such leave of absence shall be as follows:

First three (3) workdays' absence, no pay; provided, however, that a unit represented employee may use accrued sick leave credit, if any, during the first three (3) workdays' absence; and, provided further, that if a unit represented employee is hospitalized or is absent for fifteen (15) or more consecutive workdays as a result of such illness or injury the unit represented employee shall receive full pay, commencing with the first workday's absence and continuing throughout the period of incapacity but not to exceed thirty (30) consecutive calendar days. Fourth (4th) workdays through thirtieth (30th) consecutive calendar day's absence, full pay throughout the period of incapacity but not to exceed thirty (30) consecutive calendar days from commencement of the disability leave of absence.

Thirty-first (31st) through ninetieth (90th) consecutive calendar day's absence; seventyfive percent (75%) of full pay throughout the period of incapacity but not to exceed three hundred sixty-five (365) consecutive calendar days from commencement of disability leave of absence.

Ninety-first (91st) through three hundred sixty-fifth (365th) consecutive calendar day's absence, fifty percent (50%) of full pay throughout the period of incapacity but not to exceed three hundred sixty-five (365) consecutive calendar days from commencement of disability leave of absence.

For unit represented employees who are absent for thirty-one (31) or more consecutive calendar days and are receiving compensation as provided above, accrued sick leave, if any, shall be integrated with the disability leave payments; provided, however, that the sum of the two shall not exceed the unit represented employee's full pay for the said period and the unused portion of accumulated sick leave will continue to be credited to the unit

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Packet Pg. 119 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 22 represented employee. Integration of sick leave credit with disability leave payment is automatic after the thirtieth (30th) consecutive calendar day of absence due to such disability and may not be waived. No disability leave with pay may be granted until the illness or injury is declared compensable under the California workers' compensation law.

During such disability leave of absence, the City may request that a unit represented employee be examined by a physician selected by the City. Disability pay provided by the City shall be reduced by any compensation a unit represented employee received pursuant to the workers' compensation law. Full pay as used herein shall mean the unit represented employee's base rate of pay.

13.9 Family Care and Medical Leave

13.9.1 FMLA/CFRA
Each eligible unit represented employee is entitled to family care and medical leave as provided by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as amended. The leaves under FMLA and CFRA will run concurrently to the extent permitted by law.

13.9.2 Eligibility
To be eligible for family care and medical leave, on the date on which leave is to begin, a full-time or part-time unit represented employee must have been employed by the City for at least twelve (12) months, which need not be consecutive, and have actually worked at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

13.9.3 Family Care and Medical Leave Entitlement
Subject to the provisions of this MOU, City policy, and state and federal law, including the federal FMLA and the CFRA, an eligible unit represented employee is entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for any one, or more, of the following reasons:

13.9.3.1 The birth of a child and to care for the newborn child (FMLA and CFRA);

13.9.3.2 The placement with the unit represented employee of a child for adoption or foster care and care for the newly placed child (FMLA and CFRA);

13.9.3.3 To care for the unit represented employee's child, parent, or spouse who has a serious health condition. (Child is defined as biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is under 18 years of age or an adult dependent child. Parent is defined as biological, foster or adoptive parent, stepparent, legal guardian, or other person who stood in loco

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Packet Pg. 120 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 23 parentis to the unit member when the unit represented employee was a child. Parent does not include a parent-in-law. "Spouse" means partner in marriage or a registered domestic partner as defined in the Family Code and includes same-sex partners in marriage.)

13.9.3.4 Because of a unit represented employees own serious health condition that makes the unit represented employee unable to perform the functions of the unit represented employee's position, except for disability on account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave. (Pregnancy disability counts toward_only California Pregnancy Disability Leave (PDL) and FMLA leave.)

13.9.3.5 Because of any qualifying exigency arising out of the fact that the unit represented employee's spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status) (FMLA only).

13.9.4 13.9.5
The twelve (12) month period for FMLA/CFRA purposes is determined by the fiscal year.

Family Care and Medical Leave to Care for a Covered Service Member With a Service Injury or Illness
Subject to the provisions of this MOU, City policy, and state and federal law, including the FMLA, an eligible unit represented employee may take FMLA leave to care for a covered service member with a seriousinjury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the service member.

13.9.4.1 An eligible unit represented employee's entitlement under Section

13.9.4 is limited to a total of twenty-six (26) workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness. The "single 12-month period" in which the 26-weeks-of-leave-entitlement described in this begins on the first day a unit represented employee takes leave to care for the covered service member.

13.9.4.2 During the "single 12-month period" described above, an eligible unit represented employee's FMLA leave entitlement is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any qualifying reason.

Pay Status and Benefits
Except as provided in this Article, the family care and medical leave will be unpaid. The City will, however, continue to provide City contributions toward

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Packet Pg. 121 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 24 the health plan premiums during the period of family care and medical leave for up to twelve (12) workweeks on the same basis as contributions would have been provided had the unit represented employee not taken family care and medical leave. The unit represented employee will be required to continue to pay the unit represented employee's share of premiums payments, if any.

13.9.6 Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the unit represented employee may be entitled for the same qualifying reason. A unit represented employee is required to utilize the unit represented employee's accrued sick leave for FMLA/CFRA qualifying absences due to the unit represented employee's own serious health condition. A unit represented employee may be required to use accrued vacation leave for FMLA/CFRA qualifying reasons unrelated to the unit represented employee's own serious health condition.

13.9.7 Notice to the City

13.9.7.1 The unit represented employee must provide written notice to the City as far in advance of the leave as possible and as soon as the unit represented employee reasonably knows of the need for the leave.

If the need for the leave is foreseeable based on an expected birth, placement of a child for adoption or foster care or planned medical treatment, the notice must be provided at least thirty (30) calendar days in advance of the leave, or if not reasonably known thirty (30) calendar days before the leave, then as soon as reasonably practicable.

13.9.7.2 The written notice must inform the City of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave.

13.9.7.3 The unit represented employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to department operations.

13.9.8 Medical Certification

13.9.8.1 A unit represented employee's request for family care and medical leave to care for a child, a spouse, or a parent who has a serious health condition shall be supported by a certification issued by the health care provider of the individual requiring care. If additional leave is requested after the expiration of the time originally estimated by the health care provider, the unit represented

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Packet Pg. 122 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 25 employee shall provide the City with rece11ification by the health care provider.

13.9.8.2 A unit represented employee's request for family care and medical leave because of unit represented employee's own serious health condition shall be supported by a certification issued by the unit represented employee's health care provider.

13.9.8.3 As a condition of a unit represented employee's return from leave taken because of the unit represented employee's own serious health condition, the unit represented employee is required to obtain certification from the unit represented employee's care provider that the unit represented employee is able to resume work.

13.9.8.4 Required Medical Certification Forms
Unit represented employees are required to use the medical certification forms available from the City Human Resources Department to meet the ce11ification and recertification requirements of this Section.

13.9.9 Minimum Duration of Leave

13.9.9.1 Leave does not need to be taken in one continuous period of time.

13.9.9.2 Leave taken for a serious health condition of the unit represented employee's child, parent, or spouse of the unit represented employee may be taken intermittently or on a reduced work schedule when medically necessary, as determined by the health care provider of the person with the serious health condition.

However, intermittent or reduced work schedule leave may be taken for absences where the unit represented employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.

13.9.9.3 Leave taken for reason of birth, adoption, or foster care placement of a child of the unit represented employee does not have to be taken in one continuous period of time. Any leave(s) taken shall be concluded within one (1) year of the birth of placement of the child with the unit represented employee. The basic minimum duration shall be two (2) weeks. However, the City shall grant a request for a leave of less than (2) weeks' duration on any two (2) occasions.

13.9.10 City's Response to Leave Request
It is the City's responsibility to designate leave, paid or unpaid, as family and medical leave-qualifying based on the information provided by the unit

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Packet Pg. 123 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 26 represented employee and to notify the unit represented employee of the designation.

13.9.11 Dual Parent Employment
Where both parents are City unit represented employees, allowable leave for the birth, adoption, or foster care placement of a child is limited to a total of twelve (12) work weeks in a 12-month period between the two (2) unit members. Their family care and medical leave entitlement is not limited or combined for any other qualifying purpose.

13.9.12 Unit Represented Employee's Status on Returning from Leave Except as provided by law, on return from family care and medical leave, a unit represented employee is entitled to be returned to the same or equivalent position the unit represented employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. A unit represented employee is also entitled to reinstatement even if the unit represented employee has been replaced or the unit represented employee's job has been restructured to accommodate the unit represented employee's absence. If a unit represented employee is no longer qualified for the position because, e.g., of the unit represented employee's inability to renew a license, as a result of the leave, the unit represented employee shall be given a reasonable opportunity to fulfill those conditions upon returning to work. A unit represented employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit represented employee's FMLA/CFRA leave.

13.10 Pregnancy Disability Leave
A pregnant unit represented employee is entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time the unit represented employee is actually disabled by pregnancy, as determined by her health care provider.

13.10.1 Notice to City
Using the City's Certification of Health Care Provider form for pregnancy disability leave, a unit represented employee should provide at least thirty (30) days advance notice or notice as soon as practicable of the unit represented employee's need for pregnancy disability leave or need for reasonable accommodation based on the advice of her health care provider that reasonable accommodation is medically advisable because of pregnancy or a related medical condition.

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Packet Pg. 124 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 27 13.10.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave A unit represented employee is required to use any accrued sick leave during an otherwise unpaid pregnancy disability leave. A unit represented employee may, at her option, use accrued vacation during an otherwise unpaid portion of a pregnancy disability leave.

13.10.3 Health and Welfare Benefits
The City shall maintain its contribution toward health and welfare benefits under Section 18 (Health and Welfare) during any unpaid portion of a pregnancy disability leave on the same basis that the contribution would have been provided if the unit represented employee had not taken pregnancy disability leave.

13.10.4 Unit Represented Employee Status
During a pregnancy disability leave, the unit represented employee shall retain unit represented employee status, and the leave shall not constitute a break in service for any purpose under this MOU except that the leave shall not count toward completion of probation.

13.10.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves

13.10.5.1 A pregnancy_disability leave shall run concurrently with the unit represented employee's FMLA leave entitlement.

13.10.5.2 The right to take pregnancy disability leave is separate and distinct from the right to take leave under CFRA. A unit represented employee's own disability due to pregnancy, childbirth or related medical conditions is not a "serious health condition" under CFRA.

13.10.5.3 At the end of the unit represented employee's period(s) of pregnancy disability leave, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible unit represented employee may request to take CFRA leave of up to twelve (12) workweeks for reason of the birth of her child, if the child has been born by this date.

SECTION 14. HEALTH AND WELFARE

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Packet Pg. 125 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 28 employee to work at least twenty (20) hours per week. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to "cash-out" or pay any Battalion Chiefs unit represented employee the difference. The City and Battalion Chiefs acknowledge the parties may propose changes to Section 14 during the successor contract negotiations in 2023. During the successor contract negotiations, the chart below in this Section 14.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time Battalion Chiefs unit represented employee. Battalion Chiefs unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit represented employee's pay.

14.1.1 Health Insurance Premiums
During the term of this MOU, the City will cover up to a 6% increase (Benchmarked to Kaiser Region One Rate) to any enrolled employees’ medical plan contribution during a calendar year.

CalPERS Offered Medical Plan
Effective July 1,
2021
Effective
January 1, 2022
2% Increase
Effective
January 1, 2023
2% Increase
Emgloyee Only 877.70 $895.25 $913.16
Emgloyee 1 $1,700.97 $1,734.99 $1,769.69
Emgloyee Plus 2 $2,211.27 $2,255.50 $2,300.61
or more
In no event during this two-year period shall the City contribute more than the actual monthly health care premium cost for the applicable plan in which the unit represented employee is enrolled.

14.1.2 Eligibility
The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.

14.1.3 Health In-Lieu Payment Plan
The City will pay a monthly taxable five hundred and fifty dollars ($550) in-lieu payment to a Battalion Chiefs unit represented employee who certifies that he or she is eligible for health insurance coverage through another group health plan, declines City health coverage, and provides the City proof of other health

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Packet Pg. 126 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 29 coverage. Changes to the City Health In-Lieu payments shall be effective August 20, 2016. The City shall pay the health in-lieu payment through the unit represented employee's regular payroll checks. The Health In-Lieu Payment Plan year shall operate on the calendar year. Battalion Chiefs and unit represented employees on an unpaid leave of absence are not eligible for the Health In-Lieu Payment Plan.

14.2 Dental, Orthodontia, and Vision

14.2.1 City of Pacifica Self-Funded Dental Plan
The City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of Pacifica Self-Funded Dental Plan, and the Self-Funded Plan shall provide the following benefits to covered Battalion Chiefs unit represented employees:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.
b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible Battalion Chiefs unit member and per dependent.
c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible Battalion Chiefs unit member and dependent.

14.2.2 City of Pacifica VSP Vision Plan
TheCity shall contribute the following amounts per month per unit represented employee:
a) Unit Member Only - $18.29,
b) Unit Member Plus One - $26.52,
c) Unit Member Family- $47.56.

14.3 Life and Disability Insurance

14.3.1 Life Insurance
The City shall contribute an amount necessary to provide the life insurance in an amount equal to the Battalion Chiefs unit represented employee's annual salary. Battalion Chiefs unit represented employees in the Battalion Chiefs unit may purchase additional life insurance at their own expense through payroll deduction. Battalion Chiefs unit represented employees may also purchase, through the same voluntary method, life insurance for dependents.

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Packet Pg. 127 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 30 14.3.2 Long-Term Disability Plan
The City shall contribute an amount necessary to provide the long-term disability plan benefits presently in effect for each eligible Battalion Chiefs unit represented employee.

14.4 Domestic Partners Health Benefits
The City will provide medical, dental, and vision benefits for registered domestic partners of Battalion Chiefs bargaining unit represented employees to the same extent, and subject to the same terms and conditions, as medical, dental, and vision benefits are available to spouses of Battalion Chiefs unit represented employees under this MOU. This coverage is conditioned upon the domestic partnership meeting all the criteria of California Family Code Section 297, et seq. and that a valid declaration of domestic partnership has been filed with the Secretary of State pursuant to Family Code Section 297, et seq., registering the domestic partnership. Domestic partners may enroll in the City's medical, dental, and vision plans pursuant to this Section only to the extent that the City's carriers provide such coverage.

14.5 Coverage During Unpaid Leave
Except as otherwise provided in this MOU, Battalion Chiefs unit represented employees on City approved unpaid leaves of absence shall continue to receive health and welfare benefits for the period of the leaves if they wish to purchase such benefits at the current group rates, to be paid by the unit represented employee to the City one (1) month in advance.

14.6 Medical Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified flexible medical spending accounts (FSA). Battalion Chiefs unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified FSA accounts.

If, in its sole discretion, the City determines that administration of the Program will require the services of an outside entity or contractor, participating Battalion Chiefs unit represented employees shall be responsible for paying their share of the outside contractor's administration fee.

14.8 Extended Medical, Dental, Prescription Drugs for Battalion Chiefs Unit Members Battalion Chiefs unit represented employees incurring an injury not covered by Government Code Section 4850 may be granted a leave of absence without pay in

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Packet Pg. 128 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 31 accordance with Section 13.5- Leave of Absence Without Pay. Upon the granting of such leave of absence, the City shall continue its contribution for medical, dental, prescription dmg and vision care as outlined in Sections 14.1 and 14.2 for a maximum period of three (3) consecutive months.

14.9 Commuter Assistance Account
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified Commuter Plan. Battalion Chiefs unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified Commuter Assistance account.

14.10 Participation in Tax-Sheltered Annuities
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified tax sheltered annuity plan. Battalion Chiefs unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified tax sheltered annuity plan account.

SECTION 15. UNIFORMS
Effective the pay period after the City Council approves this MOU, the City shall provide unit represented employees required to maintain and wear a uniform an annual uniform allowance of $800.00, paid at the rate of $30.77 per pay period.

The City shall pay a newly hired unit represented employee covered by this MOU who is required to wear and maintain a uniform an advance credit of three hundred dollars ($300) to be used exclusively to purchase required uniform items. These uniform items shall be considered the property of the City for a period of one (1) year from the newly hired unit represented employee's date of appointment. Any unit represented employee whose employment is terminated prior to the completion of one (1) year of service shall return all uniform items to the City or refund the full three hundred dollars ($300) uniform credit. Unit represented employees who receive the initial three hundred dollars ($300) uniform credit shall not receive an additional uniform allowance during the unit m represented employee's first year of employment.

SECTION 16. PROBATIONARY PERIOD

16.1 Duration
All original appointments shall be tentative, and newly hired or promoted Battalion Chiefs shall be subject to a probationary period of not less than twelve (12) months from the date of probationary appointment. Where a unit represented employee's extended absence from work has prevented a full twelve (12) months' probationary evaluation the probationary period may be extended for the length of the absence in order to provide a full probationary evaluation.

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Packet Pg. 129 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 32 16.2 Time Credited
The probationary period shall start from the date of probationary appointment.

Probationary unit represented employees in regular part-time positions shall be credited with that portion of full-time employment that they work in a probationary status. Time worked by an unit represented employee in a tempora1y, extra help, or provisional status shall not count towards completion of the probationary period; provided, however, that time served in a temporary or provisional appointment may be credited to the probationary period upon recommendation of the Fire Chief and approval of the City Manager or designee.

16.3 Regular Status
A unit represented employee who is not rejected prior to the completion of the prescribed probationary pe1iod shall acquire regular status. Fonner regular unit represented employees appointed from a reemployment eligible list shall be given regular appointments when re-employed. Regular unit represented employees who are demoted to lower classifications shall be given regular appointments in the lower classifications; provided, however, that the unit represented employee has had prior regular status in the lower classification.

16.4 Layoff
Fonner probationary unit represented employees whose names were placed on a reemployment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligible list.

16.5 Transfer
Regular unit represented employees who transfer to another pos1tion in the same classification shall not be required to undergo a new probationary period in the position into which transferred.

16.6 Probationary Unit Represented Employees
The City Manager or designee, or where the authority has been delegated by the City Manager or designee, the Fire Chief may terminate a probationary unit represented employee at any time during the probationary period without cause, without the right of appeal in any manner, and without recourse to any of the procedures provided in Section 18 hereof, it being understood that a terminated probationary unit represented employee does not waive any State or Federal constitutional rights. Notice of termination of a probationary unit represented employee shall be in writing.

SECTION 17. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE The City Manager or designee, or where the authority has been delegated by the City Manager or designee, the Fire Chief may discipline, which may include but is not limited to dismissal,

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Packet Pg. 130 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 33 suspension for not more than thirty (30) days in any fiscal year, or demotion, any unit represented employee for cause in the competitive service. The requirement for cause for termination is inapplicable to probationary unit m represented employees. Any regular unit represented employee in the competitive service who is suspended, demoted or dismissed shall be furnished a written notice of such action. Upon the unit represented employee's request, the unit represented employee shall be provided a written statement of the reasons for such action.

SECTION 18. GRIEVANCES

18.1 Definition
A grievance is any dispute that involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding, which specifically provide that the decision of any City official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

18.2 Procedure
Grievances shall be processed in the following steps:

Step 1. Fire Chief. A grievance may be filed by a unit represented employee in his own behalf, or by a group of unit m represented employees, or by IAFF, Local 2400.

Within fourteen (14) calendar days of the event giving rise to a grievance, the aggrieved shall present the grievance in writing to the Fire Chief. Grievances not presented within the time period shall be considered resolved. The grievance shall state the particulars of the grievance and the nature of the determination desired.

The Fire Chief shall meet with the grievant to attempt to settle the grievance and give a written answer to the aggrieved within fourteen (14) calendar days from the receipt of the grievance by the Fire Chief.

Step 2. City Manager or designee. If the grievance is not resolved in Step 1, the aggrieved may, within five (5) calendar days from receipt of the Fire Chiefs answer, present the grievance to the City Manager or designee for consideration. The City Manager or designee shall designate the Administrative Services Director or other representative to investigate the merits of the complaint, to meet with the complainant and to attempt to settle the grievance or to make recommendations to the City Manager or designee. Answer to the grievance shall be made in writing by the City Manager or designee within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 18.2 unless it has been filed in accordance with steps l and 2 herein.

Step 3. Adjustment Board: If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of

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Packet Pg. 131 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 34 two (2) Union representatives, no more than one (1) of whom shall be either a unit represented employee of the City or an elected or appointed official of lAFF, Local 2400, and two (2) representatives of the City, no more than one (1) of whom shall be either a unit represented employee of the City or a member of the staff of any organization employed to represent the City in the meeting and conferring process.

Step 4. Arbitration: In the event an Adjustment Board is unable to arrive at a majority decision, either the IAFF, Local 2400 may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between IIAFF, Local 2400 and the City Manager or designee. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by IAFF, Local 2400 and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California.

No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by IAFF, Local 2400, Battalion Chiefs_and unless such dispute falls within the definition of a grievance as set forth in Section 18.1.

Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

18.4 Demotion, Suspension and Dismissal Grievances
No grievance involving demotion, suspension or dismissal of an unit represented employee will be entertained unless it is filed in writing with the Fire Chief within five (5) days not including Saturdays, Sundays or holidays, of the time at which the affected unit represented employee_was notified of such action.

The City Manager or designee in pursuance of Section 18.2 (Step 2) above resolves a grievance which involves suspension or discharge, he may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he finds that the City has such right, he may not order reinstatement and may not assess any penalty upon the City.

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Packet Pg. 132 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 35 18.5 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Administrative Services Director. Only complaints that allege that unit represented employees are in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

18.6 Mutual Agreement on Changes
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board of arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager or designee and the Union.

18.7 No Strike
The Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of unit represented employees not covered by this Memorandum of Understanding.

SECTION 19. PROMOTIONAL TEST SCORES
The City shall provide, upon request, the promotional test score to an individual who participated in the testing process. Scores of other persons taking the test, or the ranking of individuals shall not be provided.

SECTION 20. RETIREMENT PLAN

20.1 City's Contract with CalPERS
The City shall continue its contract with the California Public Employees Public Retirement System (CalPERS) for all active Battalion Chief unit represented employees.

For Tier One Battalion Chief unit represented employees described in Section 20.4, the City's contract with CalPERS shall include the 1959 survivors benefit plan, and credit for unused sick leave.

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Packet Pg. 133 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 36 All the retirement benefits provided to Battalion Chief unit represented employees are described in this Section 20 or in the City's contract with CalPERS.

20.2 CalPERS Election about Battalion Chiefs Unit Represented Employee 's Payment of City's Pension Costs
The parties acknowledge that CalPERS mandates an election of Battalion Chief unit represented employees, separate from ratification of this MOU, to provide for the cost sharing pursuant to Government Code Section 20516 described in this Section 20. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from Battalion Chief bargaining unit and completion of the City's amendment to the CalPERS contract, Battalion Chief unit represented employee contributions will be made pursuant to Government Code Section 20516, and shall extend beyond the expiration of this MOU. The Battalion Chief unit represented employees and the City will take all actions necessary to implement the Government Code Section 20516 pension cost sharing agreement described in this Section

20. 20.3 Battalion Chiefs Unit Represented Employee 's Payment of City's Pension Costs Because the contract amendment between the City and CalPERS will not be complete before the effective date of the cost sharing described in this Section 20, the cost sharing initially shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU.

The Battalion Chief unit represented employees, and the City will take all actions necessary to implement the Government Code Section 20516(f) pension cost sharing agreement described in this Section 20 effective August 20, 2016 (concurrently with the salary schedule increase provided by Section 5.3.1).

20.4 Tier One: Safety 3.0% at 55 Retirement Program- Battalion Chiefs Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Battalion Chiefs Unit Represented Employees Eligible for Reciprocity
This Section 20.4 (including subsections) shall apply to Battalion Chief bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section

20.4 (including subsections) shall apply to Battalion Chief bargaining unit represented employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:

20.4.1 3% at 55 Pension Formula
The "3% at 55" retirement program will be available to bargaining unit represented employees covered by this Section 20.4.

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Packet Pg. 134 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 37 20.4.2 Final Compensation Based On Twelve Month Period For purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 20.4 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

20.4.3 Required Bargaining Unit Represented Employee Contribution Each bargaining unit represented employee covered by this Section 20.4 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution.

20.4.4 Additional Required Bargaining Unit Represented Employee Contribution Each bargaining unit represented employee covered by this Section 20.4 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution as described above.

Effective August 20, 2016, each bargaining unit represented employee covered by this Section 20.4 shall pay, through payroll deduction, an additional five percent (5.0%) of PERSable compensation towards the City's costs for a total contribution of fourteen percent (14.0%) toward the normal costs of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees,separate from ratification of this MOU, to approve this paragraph of Section 20.4.4 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the Battalion Chiefs bargaining units' approval and agreement to implement through payroll deduction, an additional five percent (5.0%) of PERSable compensation for a total contribution of fourteen percent (14.0%) toward the normal cost of pension benefit.

20.4.5 No City Intention to Impose
Because Battalion Chief bargaining unit represented employees have voluntarily agreed to contribute five percent (5.0%) toward the City's pension costs, the City agrees not to unilaterally impose an additional three percent (3.0%) unit represented employee contribution after 2018 as permitted by Government Code Section 20516.5.

20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees in Battalion Chiefs Hired On or After January 1, 2013
Effective January 1, 2013, this Section 20.5 (including subsections) shall apply to Battalion Chiefs bargaining unit represented employees who were hired or on after January 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).

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Packet Pg. 135 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 38 20.5.1

20.5.2 20.5.3

20.5.4 2% @ 50 - 2.7% @ 57 Pension F01mula
As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 - 2.7% @ 57) pension formula shall apply to bargaining unit represented employees covered by this Section 20.5.

Final Compensation Based On Three Year Average
As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

Required Unit Represented Employee Contribution
As required by Government Code Section 7522.04(g), bargaining unit represented employees covered by this Section 20.5 shall pay, through payroll deductions, fifty percent (50%) of normal costs.

Additional Required Bargaining Unit Represented Employee Contribution Each bargaining unit represented employee covered by this Section 20.5 shall continue to pay fifty percent (50%) of normal costs as described above.

Effective August 20, 2016, in addition to paying fifty percent (50%) of normal costs, bargaining unit represented employees covered by this Section 20.5 shall pay, through payroll deduction, an additional five percent (5.0%) of PERSable compensation toward the City's normal cost of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section 20.5.4 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the Battalion Chiefs bargaining units' approval and agreement to implement through payroll deduction, an additional five percent (5.0%) of PERSable compensation towards the City's costs.

20.6 Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each Battalion Chief unit represented employee shall pay through payroll deductions the PERS contributions described in this Section 20 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

20.7 Definition of Status Quo Ante
For Battalion Chiefs, after this MOU terminates on June 30, 2018, the status quo ante for all purposes, including any state statute shall be defined asthe current language of Section

20. 5.h
Packet Pg. 136 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 39 SECTION 21. TRANSITIONAL WORK
Bargaining unit represented employees who have sustained an industrial injury or illness that prevents the unit represented employee from performing the full duties of the unit represented employee's position may be eligible for temporary transitional work. A bargaining unit represented employee who is a qualified individual with a disability under the California Fair Employment and Housing Act and/or the Americans with Disabilities Act, may be eligible for temporary transitional work as a reasonable accommodation when such work is available and does not constitute an undue burden for the Department. The City will comply with the requirements of law in considering and granting transitional work.

SECTION 22. COMMON MESS
The provisions of this Section are adopted to assure that all members of fire companies will be available at all times to respond to emergency calls as quickly and efficiently as possible.

All unit represented employees on each shift at each station shall attend a common mess at the station for consumption of meals. Such unit represented employees shall contribute in equal shares for the cost of the meals. The City shall not be financially liable or responsible for the cost of any meal, or the preparation thereof, or for the collection of any funds, or for any other costs undertaken in connection with the provisions of this Section.

SECTION 23. SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable or is rendered void by state or federal legislative enactment, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. This Memorandum of Understanding shall supersede all existing memoranda of understanding and any side letter not incorporated into this MOU between the City and the Union.

SECTION 25. TERM OF AGREEMENT
The parties acknowledge that this MOU must be presented to and approved by the City of Pacifica City Council. This MOU shall become effective on the date approved by the City Council, except

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Packet Pg. 137 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 40 as specifically described in any article, and shall remain in full force and effect up to and including June 30, 2023.

SECTION 26. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF

UNDERSTANDING
No later than March 31, 2025, the City and the Pacifica Battalion Chiefs IAFF, Local 2400 shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.

Made and entered into this ------
FOR TEAMSTERS LOCAL UNION No. 856
By----------------------------------------Tim Cantillon IAFF, Local 2400
By: _
Kevin Woodhouse
City Manager
By: By _
, Battalion Chief Yulia CarterAssistant
City Manager
By:
_
Mark E. Wilson, Lead Negotiator
Burke, Williams & Sorensen, LLP
Approved as to Form:

By:

Michelle Marchetta Kenyon
City Attorney

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Packet Pg. 138 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City 41 APPENDIXA-1

BATTALION CHIEFS SALARY SCHEDULE
2020-2021 Monthly Salary Range
(Effective July 4, 2020)
$10,965- $12,738

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Packet Pg. 139 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City APPENDIX A-2

BATTALION CHIEFS SALARY SCHEDULE
2021-2022 Monthly Salary Range
(Effective July 1, 2021; reflects 2% salary increase plus a 1% equity adjustment over 2020-2021 schedule)
$11,294 - $13,120
APPENDIX A-3

BATTALION CHIEFS SALARY SCHEDULE
2022-2023 Monthly Salary Range
(Effective July 1, 2022; reflects 3% salary increase plus a 1% equity adjustment over 2021-2022 schedule)
$11746 - $13,645

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Packet Pg. 140 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City APPENDIX A-1

BATTALION CHIEFS SALARY SCHEDULE
2022-2023 Monthly Salary Range
(Effective July 1 3, 2022; reflects 3% Salary increase + 1% Equity Increase over 2021-2022) Minimum Monthly Salary Maximum Monthly Salary
$11,746 $13,645
APPENDIX A-2

BATTALION CHIEFS SALARY SCHEDULE
2023-2024 Monthly Salary Range
(Effective July 1 3, 2023; reflects 2% Salary increase + 4% Equity Increase over FY2023-24) Minimum Monthly Salary Maximum Monthly Salary
$12,451 $14,464
APPENDIX A-3

BATTALION CHIEFS SALARY SCHEDULE
2024-2025 Monthly Salary Range
(Effective July 1, 2024; reflects 2% Salary increase)
Minimum Monthly Salary Maximum Monthly Salary
$12,700 $14,753

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Packet Pg. 141 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City Note: Prior to April 2024, the City and Union shall Meet-and-Confer in accordance with the MMBA over equity adjustments to go into effect on July 1, 2024 for Battalion Chiefs based upon year one equity adjustments and a completed Classification/Compensation Study.

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Packet Pg. 142 Attachment: Attachment 1 - MOU BC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City v3

MEMORANDUM OF UNDERSTANDING

THE CITY OF PACIFICA
AND

PACIFICA FIRE FIGHTERS ASSOCIATION

REPRESENTED BY

SAN MATEO COUNTY

FIRE FIGHTERS
IAFF LOCAL 2400
July 1, 2023 through June 30, 2025
ATTACHMENT 2 5.i
Packet Pg. 143 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 2/3/21 12:13 PM

TABLE OF CONTENTS
SECTION 1. RECOGNITION ......................................................................................................7

1.1 Union Recognition....................................................................................................7

1.2 City Recognition.......................................................................................................8 SECTION 2. ORGANIZATION SECURITY .............................................................................8

2.1 Dues Deduction ........................................................................................................8

2.2 Indemnification.........................................................................................................9

2.3 Development of Law................................................................................................9

2.4 Government Code Provisions Incorporated By Reference ......................................9

2.5 Use of City Facilities................................................................................................9

2.6 Use of Bulletin Boards.............................................................................................9

2.7 Advance Notice of Rules and Regulations...............................................................9

2.8 Employee Information............................................................................................10 SECTION 3. NO DISCRIMINATION .......................................................................................10 SECTION 4. UNION REPRESENTATIVES ............................................................................10

4.1 Bargaining Unit Contact Information.....................................................................10

4.2 Union Access to New Employee Orientation.........................................................10

4.3 Attendance at Meetings by Unit Members.............................................................11

4.4 Access to Work Locations......................................................................................11 SECTION 5. PAY PLAN .............................................................................................................12

5.1 FY 2021-2022 Salary Schedule..............................................................................12

5.2 FY 2022-2023 Salary Schedule..............................................................................12

5.3 One-Time Lump Sum Payment for FY 2021-2022 and FY 2022-2023 (American Rescue Plan Act of 2021 Funds)..........................................................12

5.4 401(a)(h) Plan.........................................................................................................13

5.5 Rates of Pay............................................................................................................13

5.6 Salary for New Unit Represented Employees.......................................................14

5.7 Conversion of Rates ...............................................................................................14

5.8 Pay Days.................................................................................................................14

5.9 Salary Step Increases..............................................................................................15

5.10 Salary Upon Transfer or Promotion .......................................................................16 -2-
SJ - San Jose #4833-2668-1049 v3

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Packet Pg. 144 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 2/3/21 12:13 PM

5.11 Work Out of Classification.....................................................................................16 SECTION 6. ANNIVERSARY DATE........................................................................................16 SECTION 7. DAYS AND HOURS OF WORK.........................................................................16

7.1 Work Schedule .......................................................................................................16

7.2 Fair Labor Standards Act .......................................................................................17

7.3 Change of Shift.......................................................................................................17

7.4 Other Unit Represented Employees......................................................................17

7.5 Starting Time..........................................................................................................17

7.6 Exchange of On-Duty Time ...................................................................................18 SECTION 8. OVERTIME...........................................................................................................18

8.1 Authorization ..........................................................................................................18

8.2 Definition................................................................................................................19

8.3 Call Back ................................................................................................................19

8.4 Overtime for Continuing Education.......................................................................19

8.5 Compensatory Time Off.........................................................................................19 SECTION 9. LAYOFF/REINSTATEMENT FOLLOWING VOLUNTARY
RESIGNATION .................................................................................................20

9.1 Layoff .....................................................................................................................20

9.2 Reinstatement Following Voluntary Resignation ..................................................21 SECTION 10. HOLIDAYS..........................................................................................................21

10.1 Authorized Holidays...............................................................................................21

10.2 Shift Unit Represented Employees........................................................................21 SECTION 11. VACATIONS .......................................................................................................22

11.1 Eligibility................................................................................................................22

11.2 Allowance for Shift unit represented employees..................................................22

11.3 Time Charged .........................................................................................................22

11.4 Vacation Credits Advance......................................................................................22

11.5 Vacation Scheduling and Accumulation ................................................................22

11.6 Sick Leave During Vacation ..................................................................................23

11.7 Separation from Service .........................................................................................23

11.8 Return of Vacation .................................................................................................23

11.9 Additional Vacation Purchased..............................................................................24 SECTION 12. SICK LEAVE.......................................................................................................24

12.1 Accrual....................................................................................................................24

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Packet Pg. 145 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 2/3/21 12:13 PM

12.2 Usage ......................................................................................................................24

12.3 Incapacity to Perform Duties..................................................................................25

12.4 Sick Leave at Retirement or Termination ..............................................................25 SECTION 13. LEAVES OF ABSENCE.....................................................................................26

13.1 Family Illness Leave...............................................................................................26

13.2 Jury Duty ................................................................................................................26

13.3 Military Leave ........................................................................................................26

13.4 Campaign Leave.....................................................................................................26

13.5 Leave of Absence Without Pay..............................................................................26

13.6 Bereavement Leave ................................................................................................26

13.7 Absence Without Pay.............................................................................................27

13.8 Industrial Leave ......................................................................................................27 SECTION 14. HEALTH AND WELFARE ...............................................................................28

14.1 Hospitalization and Medical Care..........................................................................28

14.2 Life Insurance, Long Term Disability and Long Term Care Insurance.................30

14.3 Dental, Orthodontia, and Vision ............................................................................30 For each unit represented employee, the City shall contribute the following amounts per month per unit represented employee................................................31

14.4 Changes in Federal or State Laws..........................................................................31 SECTION 15. UNIFORMS..........................................................................................................32 SECTION 16. PROBATIONARY PERIOD..............................................................................32

16.1 Duration..................................................................................................................32

16.2 Time Credited.........................................................................................................32

16.3 Regular Status.........................................................................................................32

16.4 Layoff .....................................................................................................................32

16.5 Transfer...................................................................................................................33

16.6 Promotions..............................................................................................................33

16.7 Probationary Unit Represented Employees............................................................33 SECTION 17. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE.......................33 SECTION 18. GRIEVANCES.....................................................................................................33

18.1 Definition................................................................................................................33

18.2 Procedure ................................................................................................................34

18.3 No Change to Memorandum ..................................................................................35

18.4 Demotion, Suspension and Dismissal Grievances.................................................35

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Packet Pg. 146 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 2/3/21 12:13 PM

18.5 Compensation Complaints......................................................................................35

18.6 Mutual Agreement on Changes..............................................................................36

18.7 No Strike.................................................................................................................36 SECTION 19. TUITION REIMBURSEMENT.........................................................................36 SECTION 20. EDUCATIONAL INCENTIVE PAY PLAN ....................................................36

20.1 Definition................................................................................................................36

20.2 Educational Incentive Certificate ...........................................................................37 SECTION 21. PROMOTIONAL TEST SCORES....................................................................38 SECTION 22. RETIREMENT PLAN........................................................................................38

22.1 City’s Contract with CalPERS ...............................................................................38

22.2 CalPERS Election About Bargaining Unit Represented Employee’s Payment of City’s Pension Costs...........................................................................38

22.3 Unit Represented Employee’s Payment of City’s Pension Costs..........................38

22.4 Tier One: Safety 3.0% at 55 Retirement Program – Bargaining Unit Represented Employees Hired On Or Before December 31, 2012 And Unit Represented Employees Eligible For Reciprocity .........................................39

22.5 Tier Two: New Retirement Tier For Safety Bargaining Unit Represented Employees Hired On Or After January 1, 2013 .....................................................39

22.6 Implementation of Internal Revenue Code Section 414(h)(2)...............................40

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Packet Pg. 147 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 6 SECTION 23. LIGHT DUTY......................................................................................................40 SECTION 24. COMMON MESS................................................................................................41 SECTION 25. SEPARABILITY OF PROVISIONS.................................................................41 SECTION 26. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING...........................................................................................41 SECTION 27. TERM OF AGREEMENT..................................................................................41 SECTION 28. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF
UNDERSTANDING...........................................................................................41 APPENDIX A-1 ............................................................................................................................43 APPENDIX A-2 ............................................................................................................................44 INDEX 45

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Packet Pg. 148 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 7 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PACIFICA
AND

PACIFICA FIRE FIGHTERS ASSOCIATION
Represented by
SAN MATEO COUNTY FIRE FIGHTERS IAFF LOCAL 2400
The Pacifica Fire Fighter Association (“PFFA”), represented by the San Mateo County Fire Fighters IAFF Local 2400, and representatives of the City of Pacifica have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of bargaining unit represented employees in the representation unit specified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such unit represented employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned for salary and unit represented employees benefit adjustments for the period commencing July 1, 2023 through June 30, 2025.

As used throughout this Memorandum of Understanding, the pronoun designation he or his is intended to be applicable to both the male and female gender.

SECTION 1. RECOGNITION

1.1 Union Recognition
The City of Pacifica recognizes the Pacifica Fire Fighters Association (“PFFA”) and the International Association of Fire Fighters, Local 2400, AFL-CIO as the employee organization representing a majority of the bargaining unit represented employees included below. The Unit consists of all employees in classifications as may be added to the Unit by the City during the term of this Memorandum.

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Packet Pg. 149 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 8 Classifications included in the Unit:

Fire Fighter-Engineer
Fire Captain
Fire Fighter Trainee*
∗ The classification of Fire Fighter Trainee is intended for new unit represented employees during the attendance of the Fire Fighter Recruit Academy only. A Fire-Fighter Trainee salary shall be 5% below Firefighter/Engineer Step 1.

1.2 City Recognition
The City Manager or designee of the City of Pacifica or any person or organization duly authorized by the City Manager or designee, is the representative of the City of Pacifica, hereinafter referred to as the “City” in employer-employee relations.

SECTION 2. ORGANIZATION SECURITY

2.1 Dues Deduction
The City shall rely on a written certification from the Union requesting a deduction or reduction from employees’ salaries or wages confirming that the Union has and will maintain individual signed employee authorizations affirmatively consenting to dues deductions consistent with the law.

After providing the required certification, the Union shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization.

The deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Union office at the address specified by the Union.

The City shall provide the Union with a list of newly hired unit members as required by Section 4.1.

The unit member’s earnings must be sufficient after all other required deductions are made, to cover the amount of the deductions authorized by this Section. When a unit member is in a non- pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in pay status during that period. If a unit member is in a non- pay status during a part of the pay period, and that unit member’s salary is not sufficient to cover the full withholding, the City shall not deduct Union dues. In this connection, all other required deductions have priority over the Union dues and unit member organization deduction.

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Packet Pg. 150 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 9 2.1.1 Changes or Cancellation of Deductions
Dues deductions may be revoked only pursuant to the terms of the employee’s written authorization. The City shall direct employee requests to cancel or change deductions to the Union. As required by state law, the City shall rely on information provided by the Union regarding whether deductions for the Union were properly canceled or changed.

2.2 Indemnification
The Union shall indemnify and hold harmless the City, its officers and employees, from and against any and all loss, damages, costs, expenses, claims, attorney fees, demands, actions, suits, judgments, and other proceedings arising out of any action relating to this Section 2. The Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

2.3 Development of Law
In the event any portion of the California Government Code is amended to address the transfer of monies between the Union and the City, the parties will reopen this section of the MOU to meet and confer regarding the change in law.

2.4 Government Code Provisions Incorporated By Reference The parties incorporate by reference the provisions of Government Code sections 1150- 1157.12.

2.5 Use of City Facilities
City unit members or the Union, or its representatives may, with the prior approval of the Assistant City Manager, be granted the use of City facilities for meetings of City unit members provided space is available, and provided further such meetings are not used for organizing activities or membership drives of City unit members.

2.6 Use of Bulletin Boards
The Union shall be allowed use of available bulletin board space in the fire stations for communications having to do with official Union business; provided that material posted is not derogatory to City officials and employees or other employee organizations in the judgment of the Fire Chief. All materials must be dated and must identify the organization that published them.

2.7 Advance Notice of Rules and Regulations
In cases of emergency when the City Manager determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Union, the City Manager or the Assistant City Manager shall provide such notice and opportunity to meet at the earliest practicable time following adoption of such rule, resolution or regulation.

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Packet Pg. 151 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 10 2.8 Employee Information
The City shall provide the Union President and Union Secretary-Treasurer with a digital file via email containing the name, job title, department, work location, work, home and personal cellular telephone number, personal email addresses on file with the employer, and home address of any newly hired employee in bargaining unit classifications represented by the Union within thirty (30) days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Union representatives with a list of that same information for all existing unit employees at least every 120 days.

SECTION 3. NO DISCRIMINATION
There shall be no discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or legitimate unit member organization activities against any unit member or applicant for employment by the Union or by the City or by anyone employed by the City. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established.

SECTION 4. UNION REPRESENTATIVES

4.1 Bargaining Unit Contact Information.

To the extent required by Government Code Section 3558, the City shall provide the Union President with a list of names and contact information (listed below) for any newly hired unit member within 30 days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Union a list of all unit member names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.

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Packet Pg. 152 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 11 of information and an electronic membership application form supplied by the Union. The City will provide the Union President not less than ten (10) days’ notice of the onboarding orientation meeting held between the Human Resources Department representatives and new bargaining unit employees, including the date, time and location of the orientation meeting. If a bargaining unit represented employee’s first day or work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.

4.3 Attendance at Meetings by Unit Members
Unit members who are official representatives or unit representatives of the Union may be required to submit a written request for excused absence to their respective department heads, with an information copy to the Assistant City Manager, prior to a scheduled meeting with management representatives, or to be present at hearings where matters within the scope of representation are being considered. Such written request shall be submitted at least two (2) working days prior to such scheduled meetings, whenever possible. City unit members who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of city services as determined by the City Manager. Such unit member representatives may be required to submit a written request for excused absence to their respective department heads, with an information copy to the Assistant City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of unit members excused for such purposes shall not exceed two (2).

4.4 Access to Work Locations
Reasonable access to unit represented employees work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

Solicitation of membership and activities concerned with the internal management of the Union, such as collecting dues, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours unless approved in advance by the City Manager or his designated representative.

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Packet Pg. 153 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 12 SECTION 5. PAY PLAN

5.1 FY 2023-2024 Salary Schedule

5.1.1 Effective July 1, 2023, the City shall improve the salary schedule for all bargaining unit classifications by two percent (2%) over the January 2022 Fire Salary Schedule for current bargaining unit represented employees in active, paid status on the effective date.

5.1.2 Effective July 1, 2023, the City shall provide an additional four percent (4%) equity adjustment over the January 2022 Fire Salary Schedule for current unit represented employees in active, paid status on the effective date employed as a Fire Captain or Firefighter/Engineer.

5.1.3 Range (B) salaries shall include two and one-half percent (2-1/2%) for attainment of Educational Incentive Certificate, described in Section 20 of this Agreement. The salary schedule shall be entitled “FY 2023-2024 Fire Salary Schedule” and shall be attached to this Agreement as Appendix A-1.

5.2 FY 2024-2025 Salary Schedule

5.2.1 Effective July 1, 2024, the City shall improve the salary schedule for all bargaining unit classifications by two percent (2%) over the FY 2023-2024 Fire Salary Schedule for current bargaining unit represented employees in active, paid status on the effective date.

5.2.2 Effective July 1, 2024, the City shall provide an additional four percent (4%) equity adjustment over the FY 2023-2024 Fire Salary Schedule for current bargaining unit represented employees in active, paid status on the effective date who are employed as a Fire Captain or Firefighter/Engineer .

5.2.3 Range (B) salaries shall include two and one-half percent (2-1/2%) for attainment of Educational Incentive Certificate, described in Section 20 of this Agreement. The salary schedule shall be entitled “FY 2024-2025 Fire Salary Schedule” and shall be attached to this Agreement as Appendix A-2.

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Packet Pg. 154 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 13 5.3 401(a)(h) Plan

5.3.1 401(a)(h) Plan -- Contributions Held In Abeyance
The parties acknowledge that prior to the January 12, 2015, effective date of the 2015-2018 Agreement, the 2010-2012 MOU included the provision, “Three percent (3%) of the monthly pay of all members of this unit will continue to be placed in a 401(a)(h) plan, enabling members of this unit to pay health insurance premiums after retirement on a pretax basis.”
In the preceding MOU (i.e. 2015-2018 Agreement), the parties agreed that this 401(a)(h) provision shall be held in abeyance during the term of the 2015-2018 Agreement, the abeyance shall extend beyond the expiration of the 2015-2018 Agreement, and the City shall make no contribution to the 401(a)(h) plan until and unless the parties negotiate a new City contribution to the existing 401(a)(h) plan.

5.3.2 401(a) 2023-2025
Effective with the first pay date following City Council approval of this MOU, each pay period in FY 2021-2022 each bargaining unit represented employee will make a one percent (1%) of their base pay contribution to their 401(a) account. .

Effective with the first pay date following City Council approval of this MOU, the City shall make a one percent (1%) of each bargaining unit represented employee’s base pay matching contribution to each bargaining unit represented employee’s 401(a) account.The City’s 1% matching contribution to the employees 401(a) account ceases as of the last pay period in June 2025.

5.4 Rates of Pay
The rates of pay set forth in Section 5 represent the standard rate of pay for full-time employment for each classification. Compensation for unit represented employees working less than full-time shall be adjusted proportionately.

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Packet Pg. 155 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 14 The rates of pay set forth in Section 5 represent the total compensation due unit represented employees, except for overtime compensation and other benefits specifically provided for by the City Council or this Memorandum of Understanding.

The rates of pay set forth in Section 5 do not include reimbursement for actual and necessary expenses for traveling, subsistence, and general expenses authorized and incurred incident to City employment.

The hourly rate of pay shall be calculated by multiplying the appropriate monthly rate by twelve (12) and dividing the total by 2080 for forty-hour (40) workweek unit represented employees.

The hourly rate of pay shall be calculated by multiplying the appropriate monthly rate by twelve (12) and dividing the total by 2912 for fifty-six (56) hour unit represented employees.

EMT Certificate. Unit represented employees who possess and maintain an EMT Certificate, including EMT D when the Pacifica Fire Department has such a program, shall receive the EMT incentive pay of four and one-half percent (4.5%) of the top step Fire Fighter base pay.

Paramedic Pay. Paramedics officially designated by the department/City shall receive twelve and one-half percent (12.5%) of the top step Fire Fighter base pay.

5.5 Salary for New Unit Represented Employees
Except as herein otherwise provided, the entrance salary for a new unit represented employee entering the classified service shall be the minimum salary for the class to which such new unit represented employee is appointed. In cases of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be at any step set by the City Manager, whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the unit represented employee is appointed.

5.6 Conversion of Rates
Any monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable. Such conversion shall not contravene the provisions of this Memorandum of Understanding.

5.7 Pay Days
Unit represented employees shall be paid bi-weekly, normally on a Friday every other week.

Paychecks will be available Thursday evening at Headquarters Station. When a holiday is celebrated on a Friday payday, unit represented employees normally will be paid on the regular workday immediately preceding that Friday.

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Packet Pg. 156 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 15 5.8 Salary Step Increases
No increase in salary shall be automatic merely upon completion of a specified period of service. All increases shall be based on merit as established by record of the unit represented employee’s performance and shall require recommendation of the Fire Chief and approval by the City Manager. Standards of performance shall become progressively higher as the unit represented employee advances through the salary range. In case of inferior work, lack of application, or indifferent attitude, increase in salary may be withheld, or the salary of the unit represented employee may be reduced to a lower step within the established salary range for this classification upon recommendation of the Fire Chief and approval of the City Manager. Any regular unit represented employee shall be given a written statement of the justification for reduction in salary and shall be entitled to appeal as provided in Section 18 (Grievances).

If the City Manager at any time determines that it is in the City’s interest, he may assign a unit represented employee to a higher rate within the salary range fixed for the classification.

The City Manager shall regulate the accelerated advancement through the salary range steps.

Subject to the provisions of this Section, individuals appointed to the position of Fire Captain may be considered eligible for increase in salary according to the following plan:

Step 1 upon the appointment to the position of Captain.

Step 2 upon completion of twelve (12) months’ satisfactory service at Step 1.

Step 3 upon completion of twelve (12) months’ satisfactory service at Step 2.

Subject to the provisions of this Section, individuals appointed to the position of Fire Fighter-Engineer may be considered eligible for increase in salary according to the following plan:

Step 1 upon completion of a Fire Academy and permanent placement on a shift or if a Fire Academy is not available upon permanent assignment to shift duty by the Fire Chief.

Step 2 upon completion of six (6) months’ satisfactory service.

Step 3 upon completion of six (6) months’ satisfactory service at Step 2 and possession of a valid California driver’s license, as required by the State of California for all fire vehicles, when the City utilizes any vehicle requiring such license.

Step 4 upon completion of twelve (12) months’ satisfactory service at Step 3.

Step 5 upon completion of twelve (12) months’ satisfactory service at Step 4.

Step 6 upon completion of twelve (12) months’ satisfactory service at Step 5 and satisfactory completion of nine (9) college units in fire science or related courses.

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Packet Pg. 157 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 16 5.9 Salary Upon Transfer or Promotion
The transfer of a unit represented employee shall not be cause for a change in salary.

All unit represented employees of the City upon promotion shall be entitled to an increase in salary of at least one step but not less than five percent (5%) above their current salary; provided, however, that in no event shall the unit represented employee receive more than the maximum salary for the classification.

5.10 Work Out of Classification
A Fire Fighter-Engineer or Captain assigned by the Fire Chief or his designated representative to perform the duties of a Fire Captain or Battalion Chief in an acting basis for six (6) hours shall receive acting pay which shall be computed at five percent (5%) more than such Fire Fighter-Engineer’s or Captain’s current salary for all hours worked in such higher classification. Work assignments shall not be changed for the purpose of evading this requirement of providing acting pay to a Fire Fighter-Engineer or Captain who would otherwise be eligible for such acting pay as provided herein.

SECTION 6. ANNIVERSARY DATE
For all purposes except eligibility for salary increases a unit represented employee’s anniversary date shall be the date of initial hire. For the purposes of salary administration in cases of promotion, demotion or reinstatement, the anniversary date shall be the effective date of the promotion, demotion or reinstatement.

SECTION 7. DAYS AND HOURS OF WORK

7.1 Work Schedule
The regular workweek schedule for unit represented employees in the classification of Captain, and Fire Fighter Engineer shall consist of two (2) twenty-four (24) on-duty periods within a six (6) day cycle to be worked in accordance with the following chart:

X = 24 hour on-duty period
O = 24 hour off-duty period

XXOOOOXXOOOOXXOOOOXXOOOO
These unit represented employees are referred to as 56-Hour unit employees. In the event one shift is scheduled to work both December 24th and December 25th of the same year, the shift assigned to work on December 23rd will be reassigned to work on December 24th. The shift originally scheduled to work December 24th will be reassigned to work December 23rd.

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Packet Pg. 158 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 17 7.2 Fair Labor Standards Act
The above work schedule consists of a 24-day (twenty-four day) 182 hour FLSA cycle. 56- Hour unit represented employees are regularly scheduled to work 192 hours during the 24- day FLSA cycle. 56-Hour unit represented employees shall receive ten (10) hours of pay at a rate equal to one-half (1/2) the regular rate of pay for the ten (10) hours the 56 Hour unit represented employee is regularly scheduled to work over 182 hours for the 24- day, 182 FLSA cycle.

7.3 Change of Shift
If the shift assignment of a unit represented employee who is assigned to a shift is changed while the currently used work schedule is in effect, authorized work time shall not constitute overtime if the following schedule is maintained:
(A) Change from “A” Shift to “B” Shift: unit represented employee works first (1st) day on “A” shift, then works second (2nd) day on “B” shift. (B) Change from “A” Shift to “C” Shift: Unit represented employee works first (1st) day on “A” shift, then works second (2nd) day on “C” shift. (C) Change from “B” Shift to “A” Shift: Unit represented employee works first (1st) day on “B” shift, then works second (2nd) day on “A” shift. (D) Change from “B” Shift to “C” Shift: Unit represented employee works first (1st) day on “B” shift, then works both days on “C” shift.
(E) Change from “C” Shift to “A” Shift: Unit represented employee works both days on “C” shift, then works second (2nd) day on “A” shift.
(F) Change from “C” Shift to “B” Shift: Unit represented employee works first (1st) day on “C” shift, then works second (2nd) day on “B” shift.

Shift exchanges between personnel and standby exchanges shall not be considered overtime.

7.4 Other Unit Represented Employees
The regular workweek for Fire Fighter Trainees shall consist of forty (40) hours until such unit represented employees are assigned to a regular 56-hour (fifty-six) shift schedule.

7.5 Starting Time
The regular starting time for unit represented employees shall be 8:00 a.m.

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Packet Pg. 159 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 18 7.6 Exchange of On-Duty Time
Exchanges of on-duty time shall not be granted in cases that would result in financial responsibility for the City, and such exchanges must be within the extent permitted by applicable State or Federal law.

When a unit represented employee exchanges on-duty time, the hours worked shall be excluded from the calculation of the hours for which the substituting unit represented employee would otherwise be entitled to overtime compensation. Where one (1) unit represented employee substitutes for another, each unit represented employee will be credited as though he had worked his normal work schedule for that shift.

Exchanges of on-duty time of less than twenty-four (24) hours normally will not be permitted for the unit represented employee to participate in an outside activity on a regular, ongoing basis except for educational or training purposes.

If any unit represented employee agrees to work for a unit represented employees initiating exchanges to an excessive degree, the Fire Chief may advise that unit represented employee that future requests involving the unit represented employee in the exchange will be denied.

Requests for exchanges of on-duty time or cancellation of approved exchanges shall be submitted for approval to the Captain in charge at least one (1) day prior to the exchange or cancellation for trades occurring between 9:00 a.m. and 12:00 noon and 1:00 p.m. and 4:00 p.m. Requests for exchanges of on-duty time or cancellation of approved exchanges for Captains shall be submitted for approval to the Fire Chief or his designated representative at least one (1) day prior to the exchange or cancellation for trades occurring between 9:00 a.m. and 12:00 noon and 1:00 p.m. and 4:00 p.m. This provision shall not apply in casesinvolving emergency exchanges of on-duty time or emergency cancellations of approved exchanges.

These requests shall be on the proper form and shall include the signature of both unit represented employees involved in the exchange. When it is not feasible for the form to be signed prior to the trade, it must be completed immediately after the trade.

No exchanges will be permitted that would require any unit represented employee to work more than ninety-six (96) hours in succession without a minimum of eight (8) hours off before rescheduling himself or herself to duty, or that will change an unit represented employee’s duty cycle or allow the unit represented employee to miss necessary training.

SECTION 8. OVERTIME

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Packet Pg. 160 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 19 8.2 Definition
Any authorized time worked in excess of the unit represented employee’s regular workweek shall be considered overtime and shall be compensable at the rate of one and one-half (1- 1/2) times the unit represented employee’s regular straight-time rate of pay. Consistent with the Fair Labor Standards Act, regular rate of pay for overtime calculations shall include but not be limited to educational incentive, paramedic, EMT incentive pay, holiday pay, and out of class pay. The term time worked shall be in accordance with the definition contained in the Fair Labor Standards Act. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the unit represented employee. Such overtime compensation pay be either in the form of a direct cash payment or in the form of compensatory time off to the extent permitted by applicable State or Federal law, at the discretion of the Fire Chief with due consideration of any preference expressed by the unit represented employee. Compensatory time off which accrues in excess of ninety-six (96) hours must be liquidated by monetary payment. Unit represented employees who terminate employment shall be paid for all compensatory time off accrued.

8.3 Call Back
If a unit represented employee who has completed a normal shift for the day is called back to work (from home), such unit represented employee shall, upon reporting, receive a minimum of two (2) hours overtime compensation.

The rate of compensation shall be the 56-hour (fifty-six) overtime rate which shall be computed by multiplying the regular rate of pay by one and one-half (1-1/2).

8.4 Overtime for Continuing Education
Overtime for paramedic continuing education will be granted in accordance with the Fire Department Policies and Procedures manual.

8.4 Compensatory Time Off

8.4.1 Use of Accrued Compensatory Time Off
One (1) unit represented employee per shift shall be allowed to be on compensatory time off, provided that no unit represented employee is on vacation leave. When it is known that an overtime liability will occur, same day requests will not be allowed.

Vacation requests will take precedence over compensatory time off requests.

8.4.2 Compensatory Time Off In Lieu of Overtime Pay

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Packet Pg. 161 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 20 Overtime compensation may be paid in the form of Compensatory Time Off to the extent permitted by applicable State and Federal law, at the discretion of the Fire Chief with due consideration of any preference expressed by the unit represented employee. Compensatory Time Off m ay be accrued for work performed on a Strike Teams/OES.Compensatory Time Off which accrues in excess of ninety six (96) hours must be liquidated by monetary payment.

Unit represented employees who terminate employment shall be paid for all accrued Compensatory Time Off.

In accordance with the below requirement and with the approval of the Chief or his/her designee, one (1) unit represented employee per shift shall be allowed to be on Compensatory Time Off, provided that when more than one (1) unit represented employee is scheduled off, same day requests will not be allowed. • Each individual unit represented employee shall be allowed a maximum of seventy-two (72) hours of Compensatory Time Off to be taken off when there is more than one (1) unit represented employee off on vacation or Compensatory Time Off.
• No more than thirty-six (36) shifts per fiscal year may be taken of Compensatory Time Off when there is more than one (1) unit represented employee off on vacation or Compensatory Time Off. For any period of time less than a full fiscal year, the City shall prorate the thirty-six (36) shifts.

SECTION 9. LAYOFF/REINSTATEMENT FOLLOWING VOLUNTARY

RESIGNATION

9.1 Layoff
At least ten (10) working days prior to the effective day of the layoff, the City Manager, or where the authority has been delegated by the City Manager, the City Manager’s representative shall notify the affected unit represented employees in writing. Layoff shall be made within the classes of positions and all temporary unit represented employees in affected classifications shall be laid off prior to layoff of any probationary or permanent unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served in military leave of absence. unit represented employees laid off shall have the right to displace the unit represented employee in the same classification having the least seniority; provided, however, if there is no other unit represented employee in the classification of the laid off unit represented employee with less seniority, the laid off unit represented employee may take a voluntary demotion to a classification in which such unit represented employee has prior permanent status, thus displacing the unit represented employee working in that classification who has less seniority. Names of persons laid off shall be placed upon re-employment lists in order of total cumulative time served and shall remain on such list for a period of two (2) years unless re-employed sooner. Sick leave and seniority rights earned prior to layoff will be returned to the unit represented employee upon re-employment. Upon request of the

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Packet Pg. 162 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 21 unit represented employee, with the permission of the City Manager, demotion may be made to a vacant position in place of layoff. The City Manager’s decision shall be final.

9.2 Reinstatement Following Voluntary Resignation
A permanent unit represented employee who voluntarily resigns in good standing may, within twelve (12) months of the effective date of such resignation, request to be reinstated to his/her former position. If a vacancy exists, the City shall consider such request. If the request is approved, and the unit represented employee has been separated from service for thirty (30) days or less, his/her seniority earned prior to the unit represented employee’s resignation shall be restored. If the request is approved, and the unit represented employee has been separated from service for more than thirty (30) days, his/her seniority earned prior to resignation shall not be restored. In all cases, a unit represented employee who held a rank above Fire Fighter at the time of his/her resignation shall be reinstated at the rank of Fire Fighter. Re-employment lists shall take precedence over requests for reinstatement.

This Section shall be removed from the MOU.

SECTION 10. HOLIDAYS

10.1 Authorized Holidays
The holidays in this City are:
(1) January 1 (New Year’s Day)
(2) Third Monday in January (Martin Luther King Jr.’s Birthday) (3) February 12th (Lincoln’s Birthday)
(4) Third Monday in February (President’s Day)
(5) Last Monday in May (Memorial Day)
(6) July 4 (Independence Day)
(7) First Monday in September (Labor Day)
(8) November 11 (Veteran’s Day)
(9) Fourth Thursday in November (Thanksgiving Day)
(10) Fourth Friday in November (Friday after Thanksgiving Day) (11) December 25 (Christmas Day)
(12) June 14th (Flag Day)
(13) October 12th (Columbus Day)

10.2 Shift Unit Represented Employees
Shift unit represented employees are those unit represented employees assigned to the work schedule as defined in Section 7.1. All shift unit represented employees shall receive compensation for thirteen (13) eight (8)-hour periods per year at the hourly equivalent rate based on a forty (40)-hour workweek, in lieu of holidays. Such compensation is incorporated into salary at the rate of seven percent (7%) and paid bi-weekly.

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Packet Pg. 163 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 22 A shift unit represented employee shall receive prorated holiday compensation upon termination, such compensation to be eight (8) hours at the hourly equivalent rate based on a forty (40) hour workweek for each holiday listed in Section 10.1 which has occurred prior to the unit represented employee’s termination date and for which the unit represented employee has not received compensation.

SECTION 11. VACATIONS

11.1 Eligibility
All unit represented employees shall be entitled to annual vacation leave except unit represented employees serving the first six (6) months of the original eighteen (18) months probationary period.

11.2 Allowance for Shift unit represented employees
Fire shift unit represented employees shall earn vacation credits at the • Rate of five (5) shifts per year during the first five (5) years. • Rate of eight (8) shifts per year for six (6) through twelve (12) years. • Rate of ten (10) shifts per year for thirteen (13) through fifteen (15) years. • Rate of eleven (11) shifts per year for sixteen (16) through twenty-four (24) years. • Rate of twelve (12) shifts per year for twenty-five (25) years of more years of service.

11.3 Time Charged
Vacation time shall be charged on the basis of the actual number of working hours the unit represented employee is on vacation to the nearest one-tenth (1/10) hour.

11.4 Vacation Credits Advance
unit represented employees may take only such vacation as they have accumulated at the time that the vacation begins, except after three (3) years of service the unit represented employee may draw upon anticipated vacation credits not to exceed five (5) working days or two (2) shifts per year. At termination of employment the City shall be reimbursed by the unit represented employee for any vacation taken in excess of vacation credit.

11.5 Vacation Scheduling and Accumulation
The times during the calendar year at which a unit represented employee may take his vacation shall be determined by the Fire Chief with due regard to the needs of the service and desires of the unit represented employee. If requirements of the service or the desires of the unit represented employee are such that a unit represented employee must defer part or all of his annual vacation in a particular year, the Fire Chief may permit the unit represented employee to take such deferred vacation during the following calendar year.

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Packet Pg. 164 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 23 No unit represented employee may accumulate more than twice his annual vacation allowance.

Vacation time shall be taken in full shift increments. Unit represented employees shall select their vacation on the basis of seniority. On the first round of vacation selection, unit represented employees may select one or more shifts provided multiple shift selections are consecutive. When first round vacation selections have been received and approved, unit represented employees may select the balance of their vacation in full or half shift increments. Half shift requests will be limited to a maximum of three (3) in any one year.

Full shift requests take precedent over half shift requests. Half shifts can only be scheduled from 0800 to 2000 hours on Saturday and Sunday or from 2000 to 0800 hours any day of the week.

Captains, Fire Fighters and Paramedic/Fire Fighters will draw vacations in accordance with the current practice as defined above. Seniority is determined by date of hire. Unscheduled vacation shifts will be governed by the 96-hour and 48-hour rules as defined in the Department Policies and Procedures Manual.

With the approval of the Fire Chief, one unit represented employee per shift shall be allowed to be on vacation leave, provided that when it is known that an overtime liability will occur, same day requests will not be allowed.

11.6 Sick Leave During Vacation
If a unit represented employee becomes sick during his vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 12 (Sick Leave). A doctor’s certificate shall be required and shall be submitted prior to such charge against sick leave credits.

11.8 Return of Vacation
40-Hour bargaining unit represented employees may sell to the City a maximum of seventysix (76) hours of vacation leave per year, at the individual’s prevailing wage according to the rate in Section 5. The unit represented employee must have a minimum of one hundred forty-four (144) hours of accrued vacation, before selling vacation to the City. The 56- Hour unit represented employee may sell any amount (at the 56-hour rate) to the City up to one hundred and twelve (112) hours of vacation but may request such sell back only once per fiscal year. It also must coincide with a regular payroll period, and there must be at least thirty-two (32) hours vacation balance remaining after the sell back.

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Packet Pg. 165 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 24 11.9 Additional Vacation Purchased
Unit represented employees who purchase additional vacation through the City sponsored optional benefit plan may not sell back such vacation prior to the first pay period ending in December of each year. Unit represented employees leaving City service prior to the first pay period ending in December of each year shall forfeit any additionally purchased vacation. Such additional vacation shall be expressed in the monetary value (not hours), as stated in the optional benefit plan.

SECTION 12. SICK LEAVE

12.1 Accrual
Shift unit represented employees shall earn sick leave credit at the rate of 5.53 hours for each two (2) weeks’ service or a total of six (6) shifts per year.

12.2 Usage
Sick leave shall not be considered a privilege that a unit represented employee may use at his discretion but shall be allowed only in cases of necessity and actual sickness including necessary physician appointments or disability. Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:

12.2.1 For the unit represented employee's own illness or injury or for the illness or injury of the unit represented employee’s family member. For purposes of this Section, “family member” is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit represented employee stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an unit represented employee or the unit represented employee’s spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State), or a person who stood in loco parentis when the unit member was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.

12.2.2 For the unit's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee’s family member.

12.2.3 For unit represented employees who are victims of domestic violence, sexual assault or stalking as specified in state law.

12.2.4 Each hour of illness or injury shall be deducted from the unit represented employee's accumulated sick leave benefits.

Sick leave shall be charged against a unit represented employee’s sick leave credit as the actual number of hours of the regular work period that the unit represented employee is on sick leave. All unit represented employees shall be entitled to sick leave compensation

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Packet Pg. 166 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 25 except unit represented employees serving the first thirty (30) days of the original probationary period.

In order to receive compensation while absent on sick leave, a unit represented employee shall notify his immediate supervisor at least thirty (30) minutes prior to the time set for the beginning of the unit represented employee’s daily duties.

When the absence is for more than one (1) working day, or from the first shift day of illness in the case of shift unit represented employees, and where there is a reasonable suspicion of sick leave abuse present, unit represented employees may be required to file a physician’s statement with the Department stating the cause of absence.

12.3 Incapacity to Perform Duties
The City Manager, or where the authority has been delegated by the City Manager, the City Manager’s representative may require any unit represented employee who he believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City’s expense. If as a result of the physician’s examination the unit represented employee is determined to be incapacitated to perform his duties, the City Manager may place the unit represented employee on leave of absence without pay, with due process, provided such action is not in conflict with Government Code Section 4850. A unit represented employee who is determined to be incapacitated to perform his duties and disagrees with such determination may choose to be examined by a physician of his choice and expense. If the unit represented employee’s physician disagrees with the City’s physician, the physicians shall select a third physician whose determination regarding the unit represented employee’s incapacity to perform his duties shall be final. A unit represented employee may use accrued sick leave, vacation or compensatory time prior to being placed on a leave of absence without pay. Vacation and sick leave credits shall not accrue when a unit represented employee is on such leave of absence.

12.4 Sick Leave at Retirement or Termination
As of December 1, 1996, retiring unit represented employees of this unit became eligible to utilize the provisions of Section 20965, Optional Benefit Provision of the Public Employees Retirement System entitled Credit for Unused Sick Leave.

Members of this unit must choose either the pay for twenty-five percent (25%) of unused sick leave ($3,000 maximum) or the Credit for Unused Sick Leave under the provisions of the Public Employees Retirement System contract between the City of Pacifica and PERS, but in no case may the unit represented employee utilize both provisions.

Unit represented employees otherwise terminating their City employment or being terminated shall forfeit all unused sick leave benefits as of the termination date. Former unit represented employees re-employed by the City shall receive no credit for prior service in determination of sick leave benefits.

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Packet Pg. 167 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 26 SECTION 13. LEAVES OF ABSENCE

13.1 Family Illness Leave
A unit represented employee may use his accrued sick leave up to a maximum of three (3) shifts per year in case his attendance on a member of his family as defined in Section 12.2., above who is ill is required. The Fire Chiefs decision shall be final.

13.2 Jury Duty
A unit represented employee summoned to jury duty shall inform his supervisor and, if required to physically report for jury service, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee’s Fire Chief, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses. When the unit represented employee is released from jury duty, including court recesses in excess of twenty-four (24) hours, he shall report to work promptly for the balance of his scheduled shift or workday.

13.3 Military Leave
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City unit represented employees.

13.5 Leave of Absence Without Pay
Upon written request the City Manager, or where the authority has been delegated by the City Manager, the City Manager’s representative, may grant a unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year. The City Manager’s decision shall be final. Upon expiration of leave of absence the unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification. Failure on the part of a unit represented employee on leave to report promptly on its expiration, or within fifteen (15) days after notice to return to duty, shall result in such unit represented employee’s automatic dismissal. Vacation, sick leave, and seniority credits shall not accrue to a unit represented employee on voluntary leave of absence.

13.6 Bereavement Leave
A unit represented employee shall be granted up to a maximum of seventy-two (72) hours leave of absence without loss of salary or benefits upon the death or the funeral of any of the following persons: spouse, domestic partner, child, father, mother, step-father, step5.i Packet Pg. 168 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 27 mother, brother, sister, step-brother, step-sister, grandfather, grandmother, grandchildren, mother-in-law, father-in-law. Additi onally, all Employees are permitted 5 days of Unpaid Bereavement Leave upon the death of any family member listed in Section 12945.2 of the Government Code. The Paid Bereavement leave runs concurrent with the 5 Day Bereavement Leave. However, the leave days need not be consecutive. For Bereavement Leave in excess of 72 hours days, all employees may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. Proof of death (death certificate, obituary, funeral program, etc.) or proof of miscarriage/stillbirth (a note from a healthcare provider) must be submitted within 30 calendar days of when the employee returns to work. Additional time off for this purpose must be vacation, C.T.O., or unpaid leave. Bereavement leave must be approved by the Department Head.

Such leave may be used to attend and/or arrange a funeral or memorial service. In addition, the City Manager or designee may grant leave to a unit represented employee upon the death or the funeral of some other person if, in the opinion of the City Manager or designee, such leave is warranted. Such leave may be used to attend and/or arrange a funeral or memorial service. The City Manager or designee may approve extensions to such leaves due to unusual circumstances.

13.7 Absence Without Pay
Failure of a unit represented employee to report for duty on a normal working day or shift without notice to the Fire Chief or his designated representative of the reason for such absence within four (4) hours after the time designated as the beginning of the workday shall constitute absence without leave and without pay. Unit represented employees should make every effort to contact the Fire Chief or his designated representative prior to the start of their shift if they plan to be absent.

Absence without leave for any length of time without satisfactory explanation is cause for dismissal. Absence without leave for five (5) or more consecutive days shall be deemed a tender of resignation.

13.8 Industrial Leave
Any regular or probationary unit represented employee covered by this Memorandum of Understanding who has suffered any disability arising out of and in the course of his employment, as defined by the Workers’ Compensation Laws of the State of California, shall be entitled to the period of such disability to a maximum provided under State Law.

During the period the unit represented employee is paid by the City, the unit represented employee shall assign or endorse to the City any benefit payments received as a result of Workers’ Compensation Insurance coverage. In the event that the payment received by the unit represented employee is not endorsed to the City, a payroll deduction for the amount of the payment will be made the payroll period following notification to the City by Workers’ Compensation that the check has been issued to the unit represented employee. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Workers’ Compensation. The

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Packet Pg. 169 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 28 benefits of sick leave and job incurred injury leave shall be mutually exclusive and no disability leave may be used for the purposes specified under Section 12, and no sick leave benefits may be used for the purposes specified under this Section. Consistent with CalPERS requirements and in the event that a unit represented employee has qualified under Labor Code Section 4850 and for whom the City has approved an industrial disability retirement, the City shall provide advanced disability payments (ADP).

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Packet Pg. 170 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 29 SECTION 14. HEALTH AND WELFARE

14.1 Hospitalization and Medical Care

14.1.1 Current Cafeteria Plan
a) City Contributions: The City will place one thousand two hundred dollars ($1,200) per month in a cafeteria plan for health insurance coverage for employees, or employees with dependents. Any unused health insurance portion of the cafeteria plan contribution will be returned to the cafeteria plan for other health related expenses.

The City will continue to contribute the PERS mandated City contribution for administrative costs associated with the PERS Health premium. b) Applicability: The current cafeteria plan is only available for employees hired on or before the date of Council approval of this MOU or February 8, 2021 whichever is later. The current cafeteria plan is not available to any employees hired after such date.
c) Option to Make Irrevocable Switch: Employees hired on or before the date of Council approval of the MOU or February 8, 2021 whichever is later have the option to either remain in the City’s current cafeteria plan or make an irrevocable election to switch to the new medical insurance plan provided under Section 14.1.2 of this MOU. Employees may make an irrevocable election to switch to the new medical insurance plan at any time during the 2021 calendar year. In such cases, the change in funding of the employee’s health plan will become effective the following month. However, any changes in health insurance plans can only occur during open enrollment in the month of January in each calendar year or during a qualified event as determined by the medical plan.

14.1.2 New Medical Insurance Plan
a) Applicability: This new medical insurance plan shall apply to (1) all employees hired after the date of Council approval of the 2019-2021 MOU or February 8, 2021 whichever is later; and (2) any current employees who makes an irrevocable election to switch plans pursuant to subsection c of Section 14.1.1.
b) Medical Insurance - City Contributions: The City will increase its contributions to unit represented employees’ Medical Insurance Premiums by two percent (2%) for the 2022 calendar year. The City will increase its contributions to unit represented employees’ Medical Insurance Premiums by two percent (2%) for the 2023 calendar year. The City will contribute up to the following maximum amounts per month toward the cost of health

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Packet Pg. 171 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 30 benefits for each full-time unit represented employee. For the purpose of this Health and Welfare Section, “full-time” means the unit represented employee is assigned to a classification requiring the unit represented employee to work at least forty (40) hours per week. Unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section

14.1.2 shall have the difference deducted automatically from the unit represented employee’s pay. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to “cash-out” or pay any unit represented employee the difference. The City and the Union acknowledge the parties may propose changes to this Section

14.1.2 during successor contract negotiations. During successor contract negotiations, the chart below in this Section 14.1.2 shall define the status quo ante for City contributions toward the cost of health benefits for each fulltime unit represented employee. Unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit represented employee’s pay.
c) Health Insurance Premiums
During the term of this MOU, the City will cover up to a 6% (Benchmarked to Kaiser Region One Rate) increase to any enrolled employees’ medical plan contribution during a calendar year.

CalPERS Offered Medical Plan
Effective July 1,
2021
Effective
January 1, 2022
2% Increase
Effective
January 1, 2023
2% Increase
Employee Only 877.70 $895.25 $913.16
Employee 1 $1,700.97 $1,734.99 $1,769.69
Employee Plus
2 or more
$2,211.27 $2,255.50 $2,300.61
d) Eligibility: To be eligible for a CalPERS offered medical plan, unit represented employees must meet the criteria established by CalPERS.

The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.

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Packet Pg. 172 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 31 e) Health In-Lieu Payment Plan: The City will pay a monthly taxable five hundred and fifty dollars ($550) in-lieu payment to a unit represented

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Packet Pg. 173 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 32 employee who certifies that he or she is eligible for health insurance coverage through another qualified group health plan, declines City health coverage, and provides the City proof of other qualified health coverage. City HealthIn-Lieu payments shall be effective the first full pay period after the Council approves the MOU_. The City shall pay the health in-lieu payment through the unit represented employee’s regular payroll checks. The Health-In-Lieu Payment Plan year shall operate on the calendar year. Unit represented employees on an unpaid leave of absence are not eligible for the Health InLieu Payment Plan.

14.2 Life Insurance, Long Term Disability and Long Term Care Insurance The City shall provide a benefit amount equal to annual salary, of term life insurance and accidental death and dismemberment (AD&D) insurance for each eligible unit represented employee effective the first of the month following the adoption of this agreement.

Effective January 1, 2006, the City will contribute nineteen dollars and fifty cents ($19.50) per month per member to CPF Long Term Disability Insurance package that Pacifica Fire Local 2400 members are currently enrolled. The City will make the contribution via check paid directly to the Pacifica Firefighter Union and the Pacifica Firefighters Union will pay CPF.

The City will deduct, from bi-weekly pay, for unit represented employees who so elect, an amount necessary to pay the monthly premium for long term care insurance. The City will make monthly payments to the California Association of Professional Fire Fighters, on behalf of unit represented employees who elect to participate in the program. Unit represented employees may elect to withdraw from the program at any time. Notice of intent to withdraw or enroll shall be made in writing with the Human Resources Department.

14.3 Dental, Orthodontia, and Vision

14.3.1 Applicability: Effective 60 days, following the first of the month after council approval of the MOU or February 8, 2021 whichever is later.

14.3.2 City of Pacifica Self-Funded Dental Plan
For each unit represented employee, the City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of Pacifica Self-Funded Dental Plan, and the Self-Funded Plan shall provide the following benefits to covered unit represented employees:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.

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Packet Pg. 174 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 33 b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible unit represented employee and per dependent. c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible unit represented employee and dependent.

14.3.3 City of Pacifica VSP Vision Plan
For each unit represented employee, the City shall contribute the following amounts per month per unit represented employee:
a) Unit Represented Employee Only - $18.29
b) Unit Represented Employee Plus One - $26.52
c) Unit Represented Employee Family - $47.56

14.4 Changes in Federal or State Laws
If, pursuant to any federal or state law enacted subsequent to the effective date of this Memorandum of Understanding, the City is required to pay contributions or taxes for hospital, medical, dental or any other benefits to be provided to unit represented employees, the City’s obligation to furnish the same shall be suspended and the contributions agreed to be paid monthly herein by the City shall be reduced each month by the amounts which the City if required to expend during any such month in the form of contributions or taxes to support said federal or state health plan.

If, as a result of such a law, the level of benefits provided by such law for any group of unit represented employees, or their dependents, is lower in certain categories of services than that provided hereunder, the City, to the extent practicable, shall provide a plan of benefits supplementary to the federal or state benefits so as to make benefits in each category of coverage as nearly comparable as possible to the benefits provided hereunder. The City need only expend for this purpose the actual amount required to achieve parity between the benefits agreed to be provided hereunder and the benefits provided under any federal or state plan as supplemented in the manner here in above-described.

If the benefits provided under the federal or state Act exceed the benefits provided hereunder in each category of coverage, the City shall be under no further obligation to make any contribution in pursuance of this Section.

In the event that the federal or state government enacts a health care program requiring contributions by unit represented employees, such unit represented employee contributions shall be reimbursed by the City to the amount by which said unit represented employee contribution reduces the City’s contribution required under this Section of the Memorandum of Understanding.

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Packet Pg. 175 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 34 If; during the term of this Memorandum of Understanding, pursuant to any federal law, the Employer is required to make contributions to Social Security for any unit represented employees, such contributions shall be deducted from the unit represented employee’s wages.

SECTION 15. UNIFORMS
In accordance with departmental policy and applicable federal and state laws, the City provides, cleans, and replaces the work uniforms required for shift unit represented employees.

SECTION 16. PROBATIONARY PERIOD

16.1 Duration
All original appointments shall be tentative, and newly hired Fire Fighter Trainees and Fire Fighter-Engineers shall be subject to a probationary period of not less than eighteen (18) months from the date of probationary appointment. Where a unit represented employee’s extended absence from work has prevented a full eighteen (18) months’ probationary evaluation the probationary period may be extended for the length of the absence in order to provide a full probationary evaluation.

16.2 Time Credited
The probationary period shall start from the date of probationary appointment. Probationary unit represented employees in regular part-time positions shall be credited with that portion of full-time employment that they work in a probationary status. Time worked by a unit represented employee in a temporary, extra help, or provisional status shall not count towards completion of the probationary period; provided, however, that time served in a temporary or provisional appointment may be credited to the probationary period upon recommendation of the Fire Chief and approval of the City Manager.

16.3 Regular Status
A unit represented employee who is not rejected prior to the completion of the prescribed probationary period shall acquire regular status. Former regular unit represented employees appointed from a reemployment eligible list shall be given regular appointments when reemployed. Regular unit represented employees who are demoted to lower classifications shall be given regular appointments in the lower classifications; provided, however, that the unit represented employee has had prior regular status in the lower classification.

16.4 Layoff
A unit represented employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo a new probationary period. Former probationary unit represented employees whose names were placed on a

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Packet Pg. 176 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 35 reemployment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligible list.

16.5 Transfer
Regular unit represented employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.

16.6 Promotions
Regular unit represented employees who are promoted to a higher classification shall undergo the probationary period prescribed for the higher classification. During the probationary period, a unit represented employee may be rejected at any time by the City Manager, or where authority has been delegated by the City Manager, by the Fire Chief without right of appeal and without recourse to the procedures provided in Section 18 (Grievances) hereof but shall have the right to demote to their former classification if rejected during their probationary period.

16.7 Probationary Unit Represented Employees
The City Manager, or where the authority has been delegated by the City Manager, the Fire Chief may terminate a probationary unit represented employee at any time during the probationary period without cause, without the right of appeal in any manner, and without recourse to any of the procedures provided in Section 18 (Grievances) hereof; it being understood that a terminated probationary unit represented employee does not waive any State or Federal constitutional rights. Notice of termination of a probationary unit represented employee shall be in writing.

SECTION 17. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE The City Manager, or where the authority has been delegated by the City Manager, the Fire Chief may discipline, which may include but is not limited to dismissal, suspension for not more than thirty (30) days in any fiscal year, or demotion, any unit represented employee for cause in the competitive service. The requirement for cause for termination is inapplicable to probationary unit represented employees. Any regular unit represented employee in the competitive service who is suspended, demoted or dismissed shall be furnished a written notice of such action. Upon the unit represented employee’s request, the unit represented employee shall be provided a written statement of the reasons for such action.

SECTION 18. GRIEVANCES

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Packet Pg. 177 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 36 official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

18.2 Procedure
Grievances shall be processed in the following steps:

Step 1. Fire Chief. A grievance may be filed by a unit represented employee in his own behalf; or by a group of unit represented employees, or by IAFF Local 2400.

Step 2. City Manager. If the grievance is not resolved in Step 1, the aggrieved may, within five (5) calendar days from receipt of the Fire Chiefs answer, present the grievance to the City Manager for consideration. The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the complaint, to meet with the complainant and to attempt to settle the grievance or to make recommendations to the City Manager. Answer to the grievance shall be made in writing by the City Manager within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 18.2 unless it has been filed in accordance with steps 1 and 2 herein.

Step 3. Adjustment Board. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of two (2) Union representatives, no more than one (1) of whom shall be either a unit represented employee of the City or an elected or appointed official of IAFF Local 2400, and two (2) representatives of the City, no more than one (1) of whom shall be either a unit represented employee of the City or a member of the staff of any organization employed to represent the City in the meeting and conferring process.

Step 4. Arbitration. In the event an Adjustment Board is unable to arrive at a majority decision, either the IAFF Local 2400 or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between IAFF Local 2400 and the City Manager. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by IAFF Local 2400 and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

Decisions of Adjustment Boards and arbitrators on matters properly before them shall

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Packet Pg. 178 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 37 be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California.

No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by this Association and unless such dispute falls within the definition of a grievance as set forth in Section 18.1.

18.3 No Change to Memorandum
Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto orto establish any new terms or conditions of employment.

18.4 Demotion, Suspension and Dismissal Grievances
No grievance involving demotion, suspension or dismissal of a unit represented employee will be entertained unless it is filed in writing with the Fire Chief within five (5) days not including Saturdays, Sundays or holidays, of the time at which the affected unit represented employee was notified of such action.

The City Manager in pursuance of Section 18.2 (Step 2) above resolves a grievance which involves suspension or discharge, he may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he finds that the City has such right, he may not order reinstatement and may not assess any penalty upon the City.

The parties shall convene a subcommittee to discuss what changes in the disciplinary appeals process are needed to comply with FOBR, and to incorporate mutually agreeable changes into the MOU or a side letter.

18.5 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Assistant City Manager. Only complaints that allege that unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened

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Packet Pg. 179 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 38 for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

SECTION 19. TUITION REIMBURSEMENT
A unit represented employee shall be reimbursed up to a maximum of Two Thousand Dollars ($2,000) per fiscal year for tuition and related fees paid for courses of study in an off-duty status if the subject matter content of the course is closely related to the unit represented employee’s present work assignment, or if the unit represented employee is enrolled in a program of study related to the unit represented employee’s work assignment (declared major). There must be a reasonable expectation that the unit represented employee’s work performance or value to the City will be enhanced as a result of the course of study. The unit represented employee must submit a claim form for reimbursement to his Fire Chief, giving all the information needed for an evaluation of the request. The Fire Chief shall recommend approval or disapproval and forward the request to the Assistant City Manager, whose decision shall be final. If a course is approved and later found to be unavailable, a substitute course may be approved after enrollment.

Upon completion of the course, a copy of the grade sheet or certificate must be filed in the Personnel Office for placement in the unit represented employee’s personnel file. All reimbursements must be returned to the City in full if the unit represented employee does not achieve at least a “C” grade.

Upon leaving City employment, unit represented employees are not required to refund any such reimbursement to the City.

SECTION 20. EDUCATIONAL INCENTIVE PAY PLAN

20.1 Definition
The Educational Incentive Pay Plan provides that full-time permanent unit represented employees of the City of Pacifica Fire Department who have acquired the specified

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Packet Pg. 180 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 39 combinations of education and training points and the prescribed years of fire service experience shall be entitled to receive compensation above their base salary, as detailed in Section 20.2 below.

For the purposes of this Section the following definitions will apply:

Education Points: One semester unit in fire science or related subjects shall equal one (1) education point and one quarter unit shall equal two-thirds (2/3) of a point.

When college credit is awarded for fire training, it may be counted for either training points or education points, whichever is to the advantage of the applicant.

Training Points: Ten (10) hours of fire training approved by the Fire Chief shall equal one (1) training point.

Fire Service Experience: The acceptability of the required experiences shall be determined by the City Manager on recommendation of the Fire Chief.

Fire service experience in California as a full-time paid Fire Fighter, engineer or officer of a city fire department or fire district may be acceptable for the full period of experience in these agencies.

In other fire service categories, the acceptability of experience shall be determined by the City Manager on recommendation of the Fire Chief.

20.2 Educational Incentive Certificate
A unit represented employee who has acquired the following combination of education and training points combined with the prescribed years of fire service experience shall be entitled to receive two and one-half percent (2-1/2%) of his base salary in addition to all other compensation.

Minimum
Training 21 30 45
Points
Minimum
Education 21 30 45 Associate Baccalaureate Master
Points Degree Degree Degree
Years of
Fire Service 15 12 9 6 6 4
Experience

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Packet Pg. 181 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 40 SECTION 21. PROMOTIONAL TEST SCORES
The City shall provide, upon request, the promotional test score to an individual who participated in the testing process. Scores of other persons taking the test or the ranking of individuals shall not be provided.

SECTION 22. RETIREMENT PLAN

22.1 City’s Contract with CalPERS
The City shall continue its contract with the California Public Employees Public Retirement System (CalPERS) for all active PFFA bargaining unit represented employees. For Tier One bargaining unit represented employees described in Section 22.4, the City’s contract with CalPERS shall include the 1959 survivors benefit plan, the military buyback provision, and the Fourth Level Survivors Benefit.

All the retirement benefits provided to PFFA bargaining unit represented employees are described in this Section 22.

22.2 CalPERS Election About Bargaining Unit Represented Employee’s Payment of City’s Pension Costs
The parties acknowledge that CalPERS mandates an election of bargaining unit represented employees, separate from ratification of this MOU, to provide for the cost sharing pursuant to Government Code Section 20516 described in this Section 22. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process.

Upon approval and agreement from the bargaining unit represented employees and completion of the City’s amendment to the CalPERS contract, bargaining unit represented employees contributions will be made pursuant to Government Code Section 20516, and shall extend beyond the expiration of this MOU. The PFFA and the City will take all actions necessary to implement the Government Code Section 20516 pension cost sharing agreement described in this Section 22.

22.3 Unit Represented Employee’s Payment of City’s Pension Costs If the contract amendment between the City and CalPERS is not complete before the effective date of the cost sharing described in this Section 22, the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU. The PFFA and the City will take all actions necessary to implement the Government Code Section 20516(f) pension cost sharing agreement described in this Section 22.

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Packet Pg. 182 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 41 22.4 Tier One: Safety 3.0% at 55 Retirement Program – Bargaining Unit Represented Employees Hired On Or Before December 31, 2012 And Unit Represented Employees Eligible For Reciprocity
This Section 22.4 (including subsections) shall apply to bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section 22.4 (including subsections) shall apply to bargaining unit represented employees hired on or after January 1, 2013 who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:

22.4.1 3% at 55 Pension Formula
The “3% at 55” retirement program will be available to bargaining unit represented employees covered by this Section 22.4.

22.4.2 Final Compensation Based On Twelve Month Period
For purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 22.4 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

22.4.3 Required Bargaining Unit Represented Employee Contribution As of the first full pay period of July 2015, each bargaining unit represented employee covered by this Section 22.4 shall pay, through payroll deduction, an additional one and one-half percent (1.5%) of PERSable compensation for a total contribution of twelve percent (12.0%) toward the normal cost of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section

22.4.3 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the PFFA bargaining unit’s approval and agreement to implement through payroll deduction, an additional one and one-half percent (1.5%) of PERSable compensation for a total contribution of twelve percent (12.0%) toward the normal cost of pension benefits.

22.5 Tier Two: New Retirement Tier For Safety Bargaining Unit Represented Employees Hired On Or After January 1, 2013
Effective January 1, 2013, this Section 22.5 (including subsections) shall apply to bargaining unit represented employees who were hired or on after January 1, 2013 and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).

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Packet Pg. 183 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 42 22.5.1 2% @ 50 – 2.7% @ 57 Pension Formula
As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply to bargaining unit represented employees covered by this Section 22.5.

22.5.2 Final Compensation Based On Three Year Average
As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.

22.5.3 Required Unit Represented Employee Contribution
As required by Government Code Section 7522.04(g), bargaining unit represented employees covered by this Section 22.5 shall pay, through payroll deductions, fifty percent (50%) of normal costs.

As of the first full pay period in July 2015, in addition to paying fifty percent (50%) of normal costs as described above, bargaining unit represented employees covered by this Section 22.5 shall pay, through payroll deduction, an additional one and one-half percent (1.5%) for a total of three percent (3.0%) PERSable compensation toward the City’s normal cost of pension benefits in addition to fifty percent (50%) of normal costs.

22.6 Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each unit represented employee shall pay through payroll deductions the PERS contributions described in Section 22 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

SECTION 23. LIGHT DUTY

23. 1 Light Duty Work (TIME OF WORK)
A unit represented employee shall be permitted to participate in the light duty program during the day time portion (8:00 a.m. to 5:00 p.m.) of the unit represented employee’s regularly scheduled hours of work and shall not be required to remain on duty after 5:00 p.m.

Unit represented employees shall be paid their regular rate of pay for those hours of participation in the light duty program.

A unit represented employee who trades a shift with a unit represented employee on light duty shall be required to perform all the duties of the job. The shift trade policy as provided in Section

7.6 shall remain in effect.

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Packet Pg. 184 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 43 The determination of a unit represented employee’s disability and the unit represented employee’s eligibility for participation shall be rendered by a physician.

23.2 Light Duty Work During Pregnancy
A pregnant employee may work light duty if attending physician determines light duty to be appropriate. If the attending physician recommends light duty the employee shall obtain a list of work restrictions from physician.

It is the employee's responsibility to ensure that the work restrictions are obtained from the physician and returned promptly to the Director of Human Resources
The employee may work an alternate light duty schedule (i.e. a 40-hour week at 8-hours per day or 10- hours per day). In the event an employee opts to work an alternate light duty schedule of no less than 40 hours per week, such employee shall not incur a reduction in salary.

Employee will not lose seniority or permanent station assignments due to light duty assignment.

During light duty, the employee may take earned leave time for any doctor’s appointments, or may flex their work hours to accommodate doctor appointments and Department needs, to mutual agreement by the employee and the Fire Chief. Flexing work hours shall not result in overtime.

Employees eligible to take a promotional exam will be allowed to participate in the examination, provided the employee’s physician certifies in writing that the employee is physically capable of participating in the exam process. The Department will not be responsible for conducting any additional exams in order to accommodate employees who are unable to participate in the process.

An employee on light duty will be permitted to attend training, provided that the requirements of such training are within the employee's work restrictions. Employee shall return to full duty upon receipt of a physician's statement certifying that the employee is medically qualified to resume regular duties and responsibilities.

SECTION 24. COMMON MESS
The provisions of this Section are adopted to assure that all members of fire companies will be available at all times to respond to emergency calls as quickly and efficiently as possible.

All unit represented employees on each shift at each station shall attend a common mess at the station for consumption of meals. Such members shall contribute in equal shares for the cost of the meals. The City shall not be financially liable or responsible for the cost of any meal, or the preparation thereof, or for the collection of any funds, or for any other costs undertaken in connection with the provisions of this Section.

SECTION 25. SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provision of this Memorandum of Understanding, all of which other provisions shall remain in full force and

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Packet Pg. 185 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 44 effect.

SECTION 26. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

This Memorandum of Understanding shall supersede all existing memoranda of understanding and side letters between the City and the Union.

SECTION 27. TERM OF AGREEMENT
The parties acknowledge that this Memorandum must be presented to and approved by the City of Pacifica City Council. This Memorandum shall become effective on the date approved by the City Council, except as specifically described in any article, and shall remain in full force and effect, up to and including June 30, 2025.

SECTION 28. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF

UNDERSTANDING
No later than March 22, 2025, the City and the PFFA shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.

Prior to January 30, 2025, the City and the PFFA shall meet and consider data to be included in a Total Compensation Survey. Topics of consideration shall include inter alia:
• Data collection from possible comparable agencies such as: Brisbane; Daly City; Menlo Park; Redwood City; San Bruno; South San Francisco; Belmont (services provided by San Mateo Consolidated Fire Department); Foster City (services provided by San Mateo Consolidated Fire Department); San Mateo (services provided by San Mateo Consolidated Fire Department); Burlingame (services provided by Central County Fire Department); Millbrae (services provided by Central County Fire Department); • Data to Determine Market Median; and
• Compensation Data Points

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Packet Pg. 186 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and -
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Signature Sheet to Follow
Made and entered into this________

SAN MATEO COUNTY
FIRE FIGHTERS LOCAL 2400
City of Pacifica
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Packet Pg. 187 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 43 SJ - San Jose #4833-2668-1049 v3
APPENDIXA-1
APPENDIXA-1
July 2021 Fire Salary Schedule
Step1 Step2 Step3 Step4 Step5 Step6
Firefighter Trainee 4,335
Firefighter-Engineer (A) No Educational
Incentive 6,452 6,774 7,136 7,485 7,875 8,433
Firefighter-Engineer (B) Educational
Incentive 6,613 6,944 7,314 7,672 8,072 8,643
Firefighter-Engineer with EMT (A) 6,832 7,154 7,515 7,864 8,254 8,812 Firefighter-Engineer with EMT (B) 7,003 7,333 7,703 8,061 8,461 9,032 Firefighter-Paramedic (A) 7,507 7,829 8,191 8,540 8,930 9,485 Firefighter-Paramedic (B) 7,694 8,025 8,395 8,753 9,153 9,722 Fire Captain 9,236
Fire Captain (A) No Educational
Incentive 9,236 9,690 10,142
Fire Captain (B) Educational Incentive 9,467 9,932 10,396 Fire Captain With EMT (A) 9,616 10,070 10,522
Fire Captain With EMT (B) 9,856 10,322 10,786
Fire Captain With Paramedic (A) 10,290 10,745 11,197
Fire Captain With Paramedic (B) 10,547 11,014 11,477

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Packet Pg. 188 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and SJ
- SanJ
APPENDIXA-2
APPENDIXA-2
July 2022 Fire Salary Schedule
Step1 Step2 Step3 Step4 Step5 Step6
Firefighter Trainee 4,509
Firefighter-Engineer (A) No Educational
Incentive 6,710 7,045 7,421 7,784 8,190 8,770
Firefighter-Engineer (B) Educational
Incentive 6,878 7,221 7,607 7,979 8,395 8,989
Firefighter-Engineer with EMT (A) 7,105 7,441 7,815 8,179 8,585 9,164 Firefighter-Engineer with EMT (B) 7,283 7,627 8,011 8,383 8,799 9,393 Firefighter-Paramedic (A) 7,807 8,142 8,518 8,881 9,287 9,865 Firefighter-Paramedic (B) 8,002 8,346 8,731 9,103 9,519 10,111 Fire Captain 9,605
Fire Captain (A) No Educational
Incentive 9,605 10,078 10,548
Fire Captain (B) Educational Incentive 9,846 10,330 10,812 Fire Captain With EMT (A) 10,001 10,473 10,943
Fire Captain With EMT (B) 10,251 10,735 11,217
Fire CaptainWith Paramedic (A) 10,701 11,175 44 11,645
ose #4833-2668-1049 v3
Fire CaptainWith Paramedic (B) 10,969 11,454 11,936

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Packet Pg. 189 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 45 SJ - San Jose #4833-2668-1049 v3

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Packet Pg. 190 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 46 SJ - San Jose #4833-2668-1049 v3

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Packet Pg. 191 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 47 SJ - San Jose #4833-2668-1049 v3
INDEX
2% @ 50 – 2.7% @ 57 Pension Formula........................................................................................40 3% at 50 Pension Formula...............................................................................................................39 401(a)(h) Plan – Contributions Held In Abeyance..........................................................................13 Absence Without Pay ......................................................................................................................27 Access to Work Locations...............................................................................................................11 Accrual.............................................................................................................................................24 Additional Vacation Purchased .......................................................................................................24 Advance Notice of Rules and Regulations........................................................................................9 Allowance for Shift Unit Members.................................................................................................22 ANNIVERSARY DATE.................................................................................................................16 Attendance at Meetings by Employees............................................................................................11 Authorization....................................................................................................................................18 Authorized Holidays........................................................................................................................21 Bereavement Leave..........................................................................................................................27 Call Back..........................................................................................................................................19 CalPERS Election About Unit Member’s Payment of City’s Pension Costs.................................38 Campaign Leave ..............................................................................................................................26 Change of Shift ................................................................................................................................17 Changes in Federal or State Laws...................................................................................................31 City Recognition ................................................................................................................................8 City’s Contract with CalPERS.........................................................................................................38 COMMON MESS............................................................................................................................41 Compensation Complaints...............................................................................................................35 Compensatory Time Off..................................................................................................................19 Conversion of Rates.........................................................................................................................14 DAYS AND HOURS OF WORK...................................................................................................16 Definition .............................................................................................................................19, 33, 37 Demotion, Suspension and Dismissal Grievances ..........................................................................35 DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE......................................................33 Dues Deduction..................................................................................................................................8 Duration ...........................................................................................................................................32 Educational Incentive Certificate.....................................................................................................37 EDUCATIONAL INCENTIVE PAY PLAN..................................................................................37 Eligibility .........................................................................................................................................22 Exchange of On-Duty Time.............................................................................................................18 Fair Labor Standards Act.................................................................................................................17 Family Illness Leave........................................................................................................................26 Final Compensation Based On Three Year Average.......................................................................40 Final Compensation Based On Twelve Month Period....................................................................39 GRIEVANCES ................................................................................................................................33 HEALTH AND WELFARE............................................................................................................28 HOLIDAYS .....................................................................................................................................21

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Packet Pg. 192 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 48 SJ - San Jose #4833-2668-1049 v3
Hospitalization and Medical Care ...................................................................................................28 Implementation of Internal Revenue Code Section 414(h)(2) ........................................................40 Incapacity to Perform Duties...........................................................................................................25 Industrial Leave ...............................................................................................................................27 January 2016 Salary Schedule .........................................................................................................12 January 2017 Salary Schedule .........................................................................................................12 Jury Duty..........................................................................................................................................26 Layoff.........................................................................................................................................20, 32 LAYOFF/REINSTATEMENT FOLLOWING VOLUNTARY RESIGNATION.........................20 Leave of Absence Without Pay .......................................................................................................26 LEAVES OF ABSENCE.................................................................................................................26 Life Insurance, Long Term Disability and Long Term Care Insurance..........................................30 LIGHT DUTY .................................................................................................................................41 Military Leave .................................................................................................................................26 Mutual Agreement on Changes.......................................................................................................36 NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING...............42 No Change to Memorandum............................................................................................................35 NO DISCRIMINATION..................................................................................................................10 No Strike ..........................................................................................................................................36 ORGANIZATION SECURITY ........................................................................................................8 Other Employees..............................................................................................................................17 OVERTIME.....................................................................................................................................18 Overtime for Continuing Education ................................................................................................19 PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING.......................41 Pay ...................................................................................................................................................14 PAY PLAN......................................................................................................................................12 Probationary Employees..................................................................................................................33 PROBATIONARY PERIOD...........................................................................................................32 Procedure .........................................................................................................................................34 PROMOTIONAL TEST SCORES .................................................................................................38 Promotions.......................................................................................................................................33 Rates of Pay .....................................................................................................................................13 Recognition........................................................................................................................................7 Regular Status..................................................................................................................................32 Reinstatement Following Voluntary Resignation............................................................................21 Required Bargaining Unit Member Contribution – July 2015........................................................39 Required Unit Member Contribution...............................................................................................40 RETIREMENT PLAN.....................................................................................................................38 Return of Vacation...........................................................................................................................23 Salary for New Employees..............................................................................................................14 Salary Step Increases.......................................................................................................................15 Salary upon Transfer or Promotion .................................................................................................16 SEPARABILITY OF PROVISIONS ..............................................................................................41 Separation from Service...................................................................................................................23 Shift Employees...............................................................................................................................21

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Packet Pg. 193 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and 49 SJ - San Jose #4833-2668-1049 v3
SICK LEAVE ..................................................................................................................................24 Sick Leave at Retirement or Termination........................................................................................25 Sick Leave During Vacation............................................................................................................23 Starting Time ...................................................................................................................................17 TERM OF AGREEMENT...............................................................................................................42 Tier One
Enhanced Safety 3.0% at 55 Retirement Program – Bargaining Unit Members Hired On Or Before December 31, 2012 And Unit Members Eligible For Reciprocity..............................39 Tier Two
New Retirement Tier For Safety Bargaining Unit Members Hired On Or After January 1, 2013 . ................................................................................................................................................40 Time Charged ..................................................................................................................................22 Time Credited ..................................................................................................................................32 Transfer............................................................................................................................................33 TUITION REIMBURSEMENT ......................................................................................................36 UNIFORMS.....................................................................................................................................32 Union Recognition.............................................................................................................................7 UNION REPRESENTATIVES .......................................................................................................10 Unit Member’s Payment of City’s Pension Costs...........................................................................38 Usage................................................................................................................................................24 Use of Accrued Compensatory Leave.............................................................................................19 Use of Bulletin Boards.......................................................................................................................9 Use of City Facilities .........................................................................................................................9 Vacation Credits Advance ...............................................................................................................22 Vacation Scheduling and Accumulation..........................................................................................22 VACATIONS ..................................................................................................................................22 Work Out of Classification ..............................................................................................................16

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Packet Pg. 194 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the City and Created:

By:

Status:
2021-10-18
Monique Martin ([email protected])
Signed
Transaction ID: CBJCHBCAABAAh-F6JC104sOcGt-EfgxpsUV9uDoesvVg Approved-2021 - 2023 Local 2400 Firefighters
MOU_recvd 10.11.21_signed by CA 10.15.21
Final Audit Report 2021-10-18
"Approved-2021 - 2023 Local 2400 Firefighters MOU_recvd 10.1

1.21_signed by CA 10.15.21" History
Document created by Monique Martin ([email protected]) 2021-10-18 - 8:24:39 PM GMT- IP address: 68.65.87.99
Document emailed to Kevin Woodhouse ([email protected]) for signature 2021-10-18 - 8:25:29 PM GMT
Email viewed by Kevin Woodhouse ([email protected]) 2021-10-18 - 9:09:32 PM GMT- IP address: 52.53.220.195
Document e-signed by Kevin Woodhouse ([email protected]) Signature Date: 2021-10-18 - 9:10:04 PM GMT - Time Source: server- IP address: 68.65.87.99 Agreement completed.
2021-10-18 - 9:10:04 PM GMT

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Packet Pg. 195 Attachment: Attachment 2 - MOU FF-IAFF Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the

MEMORANDUM OF

UNDERSTANDING

BETWEEN

THE CITY OF PACIFICA
AND

MANAGEMENT EMPLOYEES
TEAMSTERS LOCAL 350
__JULY 1__, 2023 THROUGH JUNE 30, 2025
MP #4846-4618-3540 v4
ATTACHMENT 3

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Packet Pg. 196 Attachment: Attachment 3 - MOU TEAMSTERS 350 MGMT Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the

TABLE OF CONTENTS
Section 1. Recognition ....................................................................................................................1

1.1 Union Recognition................................................................................................... l

1.2 City Recognition ...................................................................................................... l Section 2. Organization Security.....................................................................................................1

2.1 Dues Deduction ....................................................................................................... l Section 3. City Rights......................................................................................................................2 Section 4. No Discrimination...........................................................................................................3 Section 5. Union Representatives....................................................................................................3

5.1 Attendance at Meetings by Unit Members...............................................................3

5.2 Access to Work Locations........................................................................................3

5.3 Use of City Facilities ...............................................................................................3

5.4 Use ofBulletin Boards.............................................................................................4

5.5 Advance Notice........................................................................................................4

5.6 Access to New Employee Orientation ......................................................................4 Section 6. Pay Plan...........................................................................................................................6

6.1 Salary .......................................................................................................................6

6.1.1 2021-2022 Miscellaneous Unit RepresentedEmployees Salary Schedule ...................................................................................................... 6

6.1.2 2022-2023 Miscellaneous Unit RepresentedEmployees Salary Schedule ...................................................................................................... 6

6.1.3 2021-2022 Unit RepresentedEmployees in Safety Classifications Salary Schedule ........................................................................................... 7

6.1.4 2022-2023 Unit RepresentedEmployees in Safety Classifications Salary Schedule ........................................................................................... 7

6.2 One-Time Lump Sum Payment for FY2021-2022 and FY2022-2023 .................... 8

6.3 Total Compensation Surveys ................................................................................... S MP #4846 4618-3540 v4

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Packet Pg. 197 Attachment: Attachment 3 - MOU TEAMSTERS 350 MGMT Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MP #4846-4618-3540 v4

6.4 Salary for New Employees......

6.5 PayDays ......

6.6 Salary Range and Evaluation

6. 7 Exceptional Contribution Adjustment ..............

6.8 Salary Upon Transfer or Promotion

6.9 Work Out of Classification.....

6.10 Commercial Drivers License Pay
Section 7. Retirement ..............
.....................................8
........................8
.......8
..........................................9
. ......9
.................9
10 ...... 10

7.1 7.2

7.3 7.4

7.5 City's Contract with CalPERS..........................

CalPERS Election about Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers)
Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers) .....

Miscellaneous Tier One: 2.5% at 55 Retirement Program - Miscellaneous Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Represented Employees Qualified/or Reciprocity (Classic Member)

7.4.1 2.5% at 55 Pension Formula

7.4.2 Final Compensation Based On 17-Month Period

7.4.3 Required Bargaining Unit Represented Employee Contributions Miscellaneous Tier Two: PEPRA Retirement Tier Required For Miscellaneous Bargaining Unit Represented Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not A Classic Member) .......

7.5.1 2% at 62 Pension Formula

7.5.2 Final Compensation Based On 36-Months............... 10 .10
10 11
.....11
11 11
11 12
12 7.5.3 Required Bargaining Unit Represented Employee Contributions...............12

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Packet Pg. 198 Attachment: Attachment 3 - MOU TEAMSTERS 350 MGMT Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MP #4846
-4618-3540 v4
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Packet Pg. 199 Attachment: Attachment 3 - MOU TEAMSTERS 350 MGMT Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MP #4846-4618-3540 v4

7. 7

7.6.1 3% at 55 Pension Formula

7.6.2 Final Compensation Based On Twelve Month Period

7.6.3 Required Safety Bargaining Unit Represented Employee Contribution ..................................

7.6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution ....

Safety Tier Two: New Retirement Tier for Safety Bargaining Unit 12 . ................12
13 13
Represented Employees Hired On or After January I, 2013................... 13

7.7.1 2%@ 50- 2.7%@ 57 Pension Formula................................................. 13

7.7.2 Final Compensation Based On Three Year Average.................................13

7.7.3 Required Unit Represented Employee Contribution.................................13

7. 7. 4 Additional Required Safety Bargaining Unit Represented Employee Contribution .........................................................

7.8 Implementation of Internal Revenue Code Section 414(h)(2)

7.9 PARS Plan For Unit Represented Employees Hired Before July I, 2012

7.10 Definition of Status Quo Ante
Section 8. Anniversary Date .....

Section 9. Hours of Work ......................

Section 10. Layoff.......

Section 11. Holidays and Vacations

11.1 Authorized Holidays......................................

11.2 Eligibility.................

11.3 Vacation Credits Accrual.....................................

11.4 Time Charged....................................

11.5 Vacation Credits Advance .......................

11.6 Vacation Scheduling and Accumulation

11.7 Sick Leave During Vacation ..
.....13
14 14
14 14
....15
......15
15 .....15
16 .....16
17 17
17 17

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11.8 Return of Vacation

11.9 Separation from Service ......................................

Section 12. Sick Leave....................

12.1 Sick Leave Plan.......

12.1.1 Accrual ....................................................................................

12.1.2 Usage ........

12.2 Incapacity to Perform Duties

12.3 Sick Leave at Retirement ...

12.4 Sick Leave at Termination

12.5 Catastrophic Illness or Injury Time Donation Program Section 13. Leaves of Absence

13.1 Family Illness Leave .......................

13.2 Family Care & Medical Leave

13.2.1 Eligibility.......................................

13.2.2 Family Care and Medical Leave Entitlement

13.2.3 Family Care and Medical Leave To Care for a Covered 17 ...... 17
17 17
. .....17
18 18
. .....19
19 19
.......19
19 ..............20
.....20
. ...............20
Servicemember with a Service Injury or Illness........................................... 21

13.2.4 Pay Status and Benefits..............................................................................21

13.2.5 Relationship of Family Care and Medical Leave to Other Leaves...........21

13.2.6 Notice to the City........................................................................................22

13.2. 7 Medical Certification..................................................................................22

13.2.8 Minimum Duration of Leave ......................................................................22

13.2.9 City's Response to Leave Request..............................................................23

13.2.10 Dual Parent Employment

13.2.11 Employee's Status on Returning from Leave

13.3 Pregnancy Disability Leave
..23
.......23
..23

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13.3.1 Notice to City .................................................................................................24

13.3.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave.............................................................................................................. 24

13.3.3 Health and Welfare Benefits......................................................................... 24

13.3.4 Employee Status............................................................................................ 24

13.3.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves............................................................................................................ 24

13.4 Jury Duty ........

13.5 Military Leave

13.6 Campaign Leave .....
................................................................................ 25 . ............................................................ 25 ........................... 25

13.7 Leave of Absence Without Pay .................................................................................. 25

13.8 Bereavement Leave ..................

13.9 Absence Without Official Leave
................................................25
..................... 26

13.10 Administrative Leave for Unit Represented Employees..........................................26

13.11 Catastrophic Illness or Injury Time Donation Program..........................................26

13.12 Industrial Disability Leave With Pay....

Section 14. Health and Welfare.................

14.1 Medical Insurance - City Contributions..........

14.1.1 Health Insurance Premiums
....................26
..............................................27
..............27
....28

14.1.2 Additional Premium Contributions for Unit Represented Employees Electing the Teamsters 856 Offered Medical Plan/or the MOU Period Only.................................................................................. 28

14.1.3 Eligibility......................

14.1.4 Health In-Lieu Payment Plan

14.2 Dental, Orthodontia, and Vision................

14.2.1 Teamsters 856 Dental, Orthodontia, and Vision

14.2.2 Ci
ty
of
P
ac
ifi
ca
Se
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Funded Dental Plan
....29
. ...................29
.......................29 .......................29
. ................................ 30

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14.2.3 City of Pacifica VSP Vision Plan .............................................................. 30

14.3 Life and Disability Insurance ................................................................................30

14.3.1 Life Insurance ................

14.3.2 Long-Term Disability Plan
............30
.............30

14.4 Domestic Partners Health Benefits .......................................................................30

14.5 14.6

14.7 14.8
Coverage During Unpaid Leave
Medical Flexible Spending Account
Dependent Care Flexible Spending Account
Commuter Assistance Account.......................................... .....31
....................... 31
. .................31
.....31

14.9 Participation in Tax-Sheltered Annuities................

14.10 Participation in IRS 457 Deferred Compensation Plan Section 15. Vehicle Use

15.1 Reimbursement for Use of Private Vehicles ............... ..............31
....31
............ 32
.....................32

15.2 Use of City Pool, Specially Equipped, or Public Safety Vehicle............................32

15.3 No Car Allowance ................................................................................................. 33 Section 16. Safety Equipment.

Section 17. Uniform Allowance

17.1 General Provisions

17.2 Fire Department Uniforms......

17.3 Public Works Department & WWTP Uniforms

17.4 WWTP Unit Represented Employees
Section 18. Tuition Reimbursement ..

Section 19. Labor Management Committee
Section 20. Probationary Period ...........

20.1 Duration
...................33
......33
. .......................33
...34
....34
........................ 34
............... 34
................ 35
.............................35
....35

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VI

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20.2 Termination ...............................

20.3 Regular Status

20.4 Layoff .............

20.5 Transfer...

20.6 Promotions ..

Section 21. Dismissal, Suspension or Demotion for Cause ........................35
.....35
. .........................35
................... 35
.....36
. ........................ 36
Section 22. Grievances...................

22.1 Definition

22.2 Procedure ..................

22.3 No Change to Memorandum
.................................................................... 36 .....36
........................................... 36
............................... 38

22.4 Demotion, Suspension and Dismissal Grievances

22.5 Compensation Complaints

22.6 Mutual Agreement on Changes...
.....38
.....38
.....38
Section 23. Separability of Provisions................................................................................................... 38 Section 24. Contracting Out...........................

Section 25. No Strike ...............................
........................................................................39 ......39
Section 26. Past Practices and Existing Memoranda of Understanding............................................39 Section 27. Additional Provisions........

27.1 Term of Agreement ..............
.......39
. ..............39

27.2 Negotiations for a Successor Memorandum ofUnderstanding.............................. 40

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PACIFICA
AND
TEAMSTERS LOCAL 350 - MANAGEMENT UNIT
The Teamsters Local 350, representing Management Employees, and representatives of the City of Pacifica have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the representation unit, and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500 et. seq.) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the City Council as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period commencing July 1 ,2023 and ending June 30, 2025.

Section 1. Recognition

1.1 Union Recognition
Teamsters Local 350, hereinafter referred to as the "Union" is the recognized employee organization for the Management Employees Unit, comprised of those classifications listed in Attachment A to this Agreement.

1.2 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Pacifica, hereinafter referred to as the "City." Section 2. Organization Security

2.1 Dues Deduction
The City agrees that it shall rely on the certification from the Union to deduct dues and fees from unit employee paychecks per employee authorizations employees provide the Union. The authorizations need only be in a form acceptable to the Union. The Union shall not be obligated to provide the Employer with a copy of an employee's dues deduction authorization unless a dispute arises about the existence or terms of the authorization.

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The following procedures shall be observed in the withholding of dues from unit member earnings:
(1) The Union shall notify the City of the designated amount of dues and fees to be deducted for each unit member, and the City shall deduct the amounts so designated after receiving certification from the Union that the unit member has provided written authorization to do so. Any employee request to begin dues deductions or cancel dues deductions must be made to the Union and not the City.
(2) Authorization, cancellation or modification of payroll deduction of union dues shall be made upon written request and confirmation in writing from the Union. The City shall direct unit members to the Union if they so request to cancel or change dues deductions.

Dues deductions may be revoked only by certification from the Union pursuant to the terms of the unit member's written authorization. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the unit member by written notice to the Union. Unit members may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such unit members are assigned. (3) Amounts deducted and withheld by the City shall be transmitted to the Union, at the address specified.
(4) The unit member's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When a unit member is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in pay status during that period. In the case of a unit member who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other required deductions have priority over the employee organization deduction.
(5) Local 350 shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City on account of checkoff of Union dues or premiums for benefits. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.
(6) TEAMSTERS D.R.I.V.E PROGRAM
The City is currently engaged in changing Pay-roll providers. If the City’s new Pay-roll provider can provide the following pay-roll deductions with no additional cost, the City agrees to the following:

TEAMSTERS’ D.R.I.V.E. PROGRAM - (Democrat, Republican, Independent, Voter Education.) To provide payroll deductions for those members who voluntarily elect to participate in the Teamster DRIVE program (civic engagement for voter registration and political education), D.R.I.V.E., or Democrat, Republican, Independent Voter Education, is the Teamsters’ political action committee. D.R.I.V.E is non-partisan and independent from any political party. D.R.I.V.E. is

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supported through voluntary contributions from Teamster members. Such donations are not U.S. Tax Deductible.

The employer agrees to deduct from the paycheck of all employees covered by this agreement voluntary contributions to D.R.I.V.E. D.R.I.V.E shall notify the employer of the amounts designated by each contributing employee that are to be deducted from their paycheck on a weekly basis for all weeks worked. The employer shall transmit to DRIVE national headquarters on a monthly basis, in one (1) check the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number and the amount deducted from that employee's check.
(7) The Union agrees to hold the Employer harmless from loss of any judgment of a court of competent jurisdiction and from any order of the Labor Commissioner or agency of government in connection with or arising out of any deduction made pursuant to this Agreement.

Section 3. City Rights
Except as otherwise provided in this Memorandum of Understanding, the rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service, determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry outs its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

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Section 4. No Discrimination
The City of Pacifica prohibits harassment and discrimination in the workplace on the basis of race, color, sex (including pregnancy, child birth and related medical conditions), gender, gender identity, gender expression, national origin, citizenship status, age, religious creed, physical or mental disability, marital status, medical condition, AIDS/HIV, genetic information sexual orientation, ancestry, military and veteran status, status as a victim of domestic violence, assault or stalking, or legitimate employee organization activities.

It is the policy of the City that all employees have the right to work in an environment free from any such harassment and discrimination. Such prohibited activity debilitates the morale and productivity of the victims and their co-workers. The City does not condone any form of such harassment or discrimination and those who engage in such activities shall be subject to disciplinary action up to and including termination.

Section 5. Union Representatives

5.1 Attendance at Meetings by Unit Members
Unit represented employees who are official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City Manager or designee. Such employee representatives may be required to submit a written request for excused absence to their respective Department Director, with an information copy to the Assistant City Manager or designee/Human Resources Department, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of unit represented employees excused for such purposes shall not exceed two (2).

5.2 Access to Work Locations
Reasonable access to unit represented employee work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

5.3 Use of City Facilities
Unit represented employees or the Union, or its representatives may, with the prior approval of the City Manager or designee, be granted the use of City facilities for meetings of unit represented employees provided space is available, and provided further, such meetings are not used for

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organizing activities or membership drives of City employees. All such requests shall be in writing and shall state the purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.

The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards is strictly prohibited, notwithstanding the presence of such equipment in approved City facilities.

5.4 Use of Bulletin Boards
The Union shall be allowed use of available bulletin board space in City buildings for communications having to do with official Union business, provided that the material posted is not derogatory to City officials and employees or other employee organizations in the judgment of the Department Director or the City Manager or designee. All materials must be dated and must identify the organization that published them.

5.5 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if it is affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, as the Union shall be given the opportunity to meet with such body or its representatives prior to adoption. In cases of emergency when the City Manager or designee determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Union, the City Manager or designee shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Notices shall be sent to the designated representative.

5.6 Access to New Employee Orientation
The City will notify the Union, in writing, via fax, no less than 14 business days in advance of any new employee orientation, (same as first day of work at the City) who joins the bargaining unit whether by hire, transfer or otherwise specified. Email notification may also be made but will not substitute notification by fax. The 14-business day advance notice for new employee orientation may be shortened only when there is an urgent need critical to the employer's operations that was not reasonably foreseeable (e.g. the employee's first day of work in the bargaining unit position is less than 14-business days after the hiring decision) in which case the City will be obliged to provide as much advance notice as practicable and must provide the Union the rationale for the exception in writing.

The City shall allow a designated unit Union member representative and/or an outside labor representative to meet with the new employee(s) at the City Office whether during new employee orientation or shortly thereafter. It is anticipated that this meeting would require approximately 45 minutes in order to provide information about the MOU and related matters. Non-bargaining unit management City representatives will excuse themselves during the Union portion of the orientation.

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For employees joining the bargaining unit who do not attend an in-person orientation conducted by the Employer, access shall be granted to each such new employee, by a representative of the Union (selected by the Union), at the employee's regular work location on the employee's paid time regular work schedule for a minimum of 30 minutes.

To the extent prohibited by law, the City will not disclose the date, time, or place of new employee orientations to anyone other than the employees who are to attend the orientation, the Union, or a vendor that is contracted to provide a service for purposes of the orientation.

The Union will be responsible for providing a copy of the current MOU and any Union information to the new employee.

Unit Represented Employee Contact Information
To the extent required by, but not limited to the Government Code § 3558, the City shall provide the Union, or its designee, by email, with a list of names and contact information (listed below) of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following the employee joining the bargaining unit, whichever is sooner. The Citv will also Provide cellular phone numbers and personal email address if on file with the Citv. • Employee name
• Job title
• Department
• Work location
• Work phone number
• Home phone number
• Home address
The City shall provide the same information to the Union regarding all employees within the classifications covered by the MOU, every 120 days, which will be established as every September, January and May. Any contact information updates provided to the City, since the last Employee Data sheet was sent, will be reflected in the next scheduled update.

Employer Agreement Not to Disclose Personal Contact Information Pursuant to Government Code section 6254.3, the City agrees that personal contact information of unit represented employees (e.g., home address, personal phone number, personal email address) is private information not to be disclosed to any private (non-governmental) person or entity, other than the Union, except upon written authorization of the employee. The Employer further agrees to give the Union prompt notice of requests from any such person or entity for such information, along with a copy of the Employer's response to such requests.

Citv Communicationsto Unit Represented Employees concerning Union Rights

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If the City chooses to disseminate a communication to unit represented employees or applicants to be unit represented employees concerning public employees' rights to join or support an employee organization, or to refrain from joining or supporting an employee organization, the City shall meet and confer with the Union concerning the content of communication before dissemination.

If the City and the Union cannot reach agreement and the City elects to proceed with its proposed mass communication, the City must also distribute, at the City's expense and in the same format and manner of delivery as utilized for the City's communication, a communication of reasonable length provided by the Union
Section 6. Pay Plan
.

6.1 Salary

6.1.1 2023-2024 Unit Represented Employeesin Miscellaneous Classifications Salary Schedule
Effective July 1, 2023, the City shall improve the base salary schedule for unit represented employees in miscellaneous classifications by two percent (2.0%) over the 2022-2023 salary schedule set forth in Appendix B-4 This increase shall apply to all miscellaneous unit represented employees in active, paid status on the effective date. The 2023-2024 salary schedule for unit represented employees in miscellaneous classifications shall be titled "2023-2024 Miscellaneous Member Salary Schedule" and shall be attached to this Agreement as Appendix B-1.The 2023-2024 Salary Schedule shall also include Equity Adjustments to the base salary of the following classifications:

Classification Equity
Adjustment
• Associate Planner
• Associate Civil Engineer
1%
• PW Superintendent
• Field Services Manager
• IT Manager
• Recreation Supervisor
• Senior Planner
• WWTP Plant Manager
• WWTP Collection System
Manager
2%
• Senior Civil Engineer
• Recreation Manager
• Engineering Manager
• Deputy Fire Chief
3%

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• Fire Paramedic
Coordinator

6.1.2 2024-2025 Unit Represented Employeesin Miscellaneous Classifications Salary Schedule
Effective at the beginning of the first full pay period in July 2024, the City shall improve the base salary schedule for unit represented employees in miscellaneous classifications by two percent (2.0%) over the 2023-2024 Miscellaneous Member Salary Schedule in Appendix B-1. This increase shall apply to all miscellaneous unit represented employees in active, paid status on the effective date. The 2024- 2025 salary schedule for unit represented employees in miscellaneous classifications shall be titled "2024-2025 Miscellaneous Member Salary Schedule" and shall be attached to this Agreement as Appendix B-2The 2024-2025 Salary Schedule shall also include Equity Adjustments to the base salary of the following classifications:

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6.1.3 2023-2024 Safety Unit Represented Employees in Safety Classifications Salary Schedule
Effective July 1, 2023, the City shall improve the base salary schedule for unit represented employees in safety classifications by two percent (2.0%) over the 2022-2023 salary schedule in Appendix B-24 This increase shall apply to all unit represented employees in safety classifications in active, paid status on the effective date.

The 2023-2024 salary schedule for unit represented employees in safety classifications shall include the 2023-2024 equity adjustment for unit represented employees in safety classifications and shall be titled "2023-2024 Safety Member Salary Schedule" and shall be attached to this Agreement as Appendix B-1.

6.1.4 2024-2025 Unit Represented Employees in Safety Classifications Salary Schedule Effective at the beginning of the first full pay period in July 2024, the City shall improve the base salary schedule for unit members in safety classifications by two percent (2.0%) over the 2023-2024 Safety Member Salary Schedule set forth in Appendix B-4. This increase shall apply to all safety unit represented employees in active, paid status on the effective date.

The 2024-2025 salary schedule for unit represented employees in safety classifications shall include the 2024-2025 equity adjustment for unit represented employees in safety classifications and shall be titled "2024-2025 Safety Member Salary Schedule" and shall be attached to this Agreement as Appendix B-5.

The rates of pay set forth in the salary schedule represent the standard rate of pay for full-time employment for each classification. Compensation for unit represented employees working less than full-time shall be adjusted proportionately.

The rates of pay set forth in the salary schedule represent the total compensation due unit represented employees, except for other benefits specifically provided for by City Council or this Memorandum of Understanding.

The rates of pay set forth in the salary schedule do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.

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6.2 Total Compensation Surveys
When preparing a total compensation survey for use at the bargaining table as described in Government Code Section 3505.4(d), the City agrees to consider the parties' historic use of the following cities as one element of determining total compensation: Belmont, Burlingame, Daly City, Foster City, Menlo Park, Millbrae, San Bruno, San Carlos, City of San Mateo, and South San Francisco.

6.3 Salary for New Employees
Except as herein otherwise provided, the entry salary for a new employee entering employment in classified service shall be the minimum salary for the class to which such new employee is appointed. In cases of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be set by the City Manager or designee, whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the unit represented employee is appointed.

6.4 Pay Days
Unit represented employees shall be paid bi-weekly, normally on a Friday every other week.

When a holiday is celebrated on a Friday payday, unit represented employees normally will be paid on the regular workday immediately preceding that Friday.

6.5 Salary Range and Evaluation
Effective with any evaluation initiated after adoption of this Memorandum of Understanding, each unit represented employee shall have a salary range with a designated minimum and maximum salary only, with no pre-established advancement steps within the range. In conjunction with the unit represented employee's annual performance evaluation, the unit represented employee's supervisor shall consider a merit salary increase. No increase in salary shall be automatic merely upon completion of a specific period of service. All increases shall be based upon merit as established by the record of the unit represented employee's performance and shall require recommendation of the Department Director and approval of the City Manager. Standards of performance shall become progressively higher as the unit represented employee advances through the salary range.

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Unit represented employees at the top of their designated salary range shall also be evaluated on an annual basis by their Department Director or the City Manager. If such unit represented employees have a satisfactory evaluation with the individual's performance being at an acceptable level, the unit represented employee's salary shall continue to be at the top of their designated salary range. If the unit represented employee's general performance and work habits are unsatisfactory, an increase in salary may be withheld in lieu of dismissal or other disciplinary action, or the salary of the employee may be reduced within the established salary range for his/her classification upon recommendation of the Department Head and approval of the City Manager.

Any regular unit represented employee shall, upon request, be given a statement of the justification for reduction in salary.

If the City Manager at any time determines that it is in the City's interest, s/he may assign a unit represented employee to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range.

No manager shall receive less than five percent (5%) more than any subordinate who reports to that manager caused by any increase in subordinate's salary during the term of this agreement.

6.6 Exceptional Contribution Adjustment
When a unit represented employee makes a unique contribution to the City that is not expected in the normal discharge of the responsibilities of the position, and when such contribution is obvious by its significant, substantial, and unique nature, the individual may be awarded an exceptional contribution adjustment. Such an award will be limited to a maximum of five percent (5%) and may be granted either in a one-time lump sum amount or in increments for a specific limited period of time not to exceed twelve (12) months. The actual percentage amount up to the five percent (5%) limit and the award period will be determined by the City Manager.

6.7 Salary Upon Transfer or Promotion
The transfer of a unit represented employee shall not be cause for a change in salary.

Consistent with City policy, upon promotion, unit represented employees shall be entitled to an increase in salary of not less than five percent (5%) above their current salary; provided, however, that in no event shall the unit represented employee receive more than the maximum salary for the classification.

6.8 Work Out of Classification
A unit represented employee shall not work out of his/her classification except in emergencies, or unless s/he is specifically assigned by his/her Department Director or the Department Director's duly authorized representative.

In the event of a planned absence of a Department Director or other senior management position, it shall be the responsibility of the Director to nominate, with the City Manager's approval, a management employee to act in the capacity of Director or other senior management position.

Since such acting assignments are considered to be part of the regular duties of management personnel, there shall be no additional compensation for this designation unless the vacancy shall

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be for an extended period of time of at least thirty (30) days. If thirty (30) days is reached in the assignment, then the entire time is compensated with an additional 5% pay.

If a Department Director or other senior manager is ill or away from his/her position or the position is vacant for an extended period of time, the City Manager shall name an Acting Director or senior manager to act in this capacity who may be eligible for additional compensation.

The amount of extra compensation provided under this policy will be determined by the City Manager based upon the circumstances of the vacant position, and shall be a minimum of five percent (5%).

6.9 Commercial Drivers License Pay
Unit represented employees who have been requested by the City to obtain a driver's license with an "A" or "B" designation (commercial license) and whose duties_require this type of driver's license will receive an additional one hundred and fifty dollars ($150) per month.

Section 7. Retirement

7.1 City's Contract with CalPERS
Unit represented employees are provided retirement benefits under the California Public Employee Retirement System (CalPERS) as described in this Section and in the City's contract with CalPERS.

7.2 CalPERS Election about Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers)
The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to provide for the cost sharing pursuant to Government Code Section 20516 described in this Section 7. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City's amendment to the CalPERS contract, unit represented employee contributions will be made pursuant to Government Code Section 20516, and shall extend beyond the expiration of this MOU. The Union, unit represented employees and the City will take all actions necessary to implement the Government Code Section 20516 pension cost sharing agreement described in this Section 7.

7.3 Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers) Because the contract amendment between the City and CalPERS will not be complete before the effective date of the cost sharing described in this Section 7, the cost sharing initially shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(£), and shall extend beyond the expiration of this MOU. The Union, unit represented employees, and the City will take all actions necessary to implement the Government Code Section 20516(£) pension cost sharing agreement described in this Section 7 effective on the date of Council approval of this MOU (concurrently with the salary schedule increases provided

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by Sections 6.1.1 and 6.1.3). The Union and the City will take any and all actions necessary to implement the Section 20516(f) cost sharing arrangement described in this Section 7.

7.4 Miscellaneous Tier One: 2.5% at 55 Retirement Program - Miscellaneous Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Represented Employees Qualified for Reciprocity (Classic Member)
This Section 7.4 (including subsections) shall apply to miscellaneous bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section 7.4 shall apply to miscellaneous bargaining unit represented employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:

7.4.1 2.5% at 55 Pension Formula
The "2.5%@ 55" retirement program will be available to miscellaneous bargaining unit represented employees covered by this Section.

7.4.2 Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for miscellaneous bargaining unit represented employees covered by this Section 7.4 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

7.4.3 Required Bargaining Unit Represented Employee Contributions

7.4.3.1 Miscellaneous bargaining unit represented employees covered by this Section 7.4 shall continue to pay, through payroll deduction, the

8.0% member contribution.

7.4.3.2 Pension Cost Sharing
Effective on the first day of the first pay period after City Council approval of this MOU, miscellaneous bargaining unit represented employees covered by this Section

7.4 shall pay, through payroll deduction, the 8.0% member contribution and an additional 2.5% of PERSable compensation for a total contribution of 10.5% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

7.5 Miscellaneous Tier Two: PEPRA Retirement Tier Required For Miscellaneous Bargaining Unit Represented Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not A Classic Member)
This Section 7.5 (including subsections) shall apply to miscellaneous bargaining unit represented employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c).

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7.5.1 2% at 62 Pension Formula
The "2% @ 62" retirement program will be available to miscellaneous bargaining unit represented employees covered by this Section 7.5.

7.5.2 Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for miscellaneous bargaining unit represented employees covered by this Section 7.5 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

7.5.3 Required Bargaining Unit Represented Employee Contributions

7.5.3.1 As required by Government Code Section 7522.04(g), effective January 1, 2013, miscellaneous bargaining unit represented employees covered by this Section 7.5 shall pay, through payroll deduction, fifty percent (50%) of normal costs.

7.5.3.2 Pension Cost Sharing
Effective on the first day of the first pay period after City Council approval of this MOU, in addition to paying 50% of normal costs as described above, miscellaneous bargaining unit represented employees covered by this Section 7.5 shall pay, through payroll deduction, an additional 2.5% of PERSable compensation toward the normal costs of pension benefits as permitted by Government Code Section 20516.

7.6 Safety Tier One: Safety 3.0% at 55 Retirement Program - Safety Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Safety Unit Represented Employees Eligible for Reciprocity
This Section 7.6 (including subsections) shall apply to bargaining unit represented employees in safety classifications who were hired on or before December 31, 2012. In addition, this Section

7.6 (including subsections) shall apply to bargaining unit represented employees in safety classifications who were hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:

7.6.1 3% at 55 Pension Formula
The "3% at 55" retirement program will be available to bargaining unit represented employees covered by this Section 7.6.

7.6.2 Final Compensation Based On Twelve Month Period

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For purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 7.6 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

7.6.3 Required Safety Bargaining Unit Represented Employee Contribution Each safety bargaining unit represented employee covered by this Section 7.6 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution.

7. 6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution Each safety bargaining unit represented employee covered by this Section 7.6 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution as described above. Effective the first day of the first pay period after City Council approval of this MOU, each safety bargaining unit represented employee covered by this Section 7.6 shall pay, through payroll deduction, an additional five percent (5.0%) of PERSable compensation towards the City's costs for a total contribution of fourteen percent (14.0%) toward the normal costs of pension benefits as permitted by Government Code Section 20516.

7. 7 Safety Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013
Effective January 1, 2013, this Section 7.7 (including subsections) shall apply to safety bargaining unit represented employees who were hired or on after January 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).

7.7.1 2%@50- 2. 7% @57 Pension Formula
As required by Government Code Section 7522.25, the safety Option Plan Two (2%@ 50 - 2.7% @ 57) pension formula shall apply to safety bargaining unit represented employees covered by this Section 7.7.

7.7.2 Final Compensation Based On Three Year Average
As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

7. 7.3 Required Unit Represented Employee Contribution
As required by Government Code Section 7522.04(g), safety unit represented employee s covered by this Section 7.7 shall pay, through payroll deductions, fifty percent (50%) of normal costs.

7.7.4 Additional Required Safety Bargaining Unit Represented Employee Contribution

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Each safety bargaining unit represented employee covered by this Section 7.7 shall continue to pay fifty percent (50%) of normal costs as described above. Effective the first day of the first pay period after City Council approval of this MOU, in addition to paying fifty percent (50%) of normal costs, safety bargaining unit represented employees covered by this Section 7.7 shall pay, through payroll deduction, an additional five percent (5.0%) of PERSable compensation toward the City's normal cost of pension benefits as permitted by Government Code Section 20516.

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

7.9 PARS Plan For Unit Represented Employees Hired Before July 1, 2012 The City shall provide the supplemental PARS Retirement Annuity of .5% @ 55 for eligible unit represented employees hired before July 1, 2012. Unit represented employees hired on or after July 1, 2012 shall not be eligible for the supplemental PARS Retirement Annuity.

7.9.1 Effective upon the City Council's approval of the MOU, the PARS Plan shall be revised to allow eligible unit represented employees to retire as early as age 50 with five (5) years of full-time management service with the City. Eligible unit represented employees who want to participate in the plan in order to retire before age 55 shall contribute one quarter of one percent (0.25%) of their base salary toward the cost of this benefit, and shall continue this contribution until they reach age 55 or they retire from the City, whichever occurs first. Eligible unit represented employees who do not elect to begin contributing toward the revised PARS Plan by the first full pay period following Council approval of the MOU shall not be eligible to retire before age 55 and receive PARS supplemental retirement benefits.

7.10 Definition of Status Quo Ante
For all unit represented employees, after this MOU terminates on June 30, 2018, the status quo ante for all purposes, including any state statute shall be defined as the current language of Section

7. Section 8. Anniversary Date
For all purposes except eligibility for salary increases, an employee's anniversary date shall be the date of initial hire.

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Section 9. Hours of Work

9.I The regular workweek for full-time employees shall consist of forty (40) hours.

9.2 Employees of the bargaining unit under the Fair Labor Standards Act are exempt. The City shall comply with any amendments to FLSA affecting bargaining unit represented employees. Alleged violations of the FLSA are subject to litigation rather than the arbitration provisions in the grievance procedure.

Section 10. Layoff
At least thirty (30) calendar days prior to the effective day of the layoff, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall notify the unit represented employees affected in writing. Layoff shall be made -within the classes of positions and all temporary employees in affected classifications shall be laid off prior to layoff of any probationary or regular unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served during a military leave of absence.

Unit represented employees laid off shall have the right to displace the employee in the same classification having the least seniority; provided, however, if there is no other employee in the classification of the laid off unit represented employee with less seniority, the laid off unit represented employee may take a voluntary demotion to a classification in which such unit represented employee had prior permanent status, thus displacing the unit represented employee working in that classification who has less seniority. Names of persons laid off shall be placed upon reemployment lists in order of total cumulative time served and shall remain on such list for a period of two (2) years unless reemployed sooner. Sick leave and seniority rights earned prior to layoff will be returned to the unit represented employee upon reemployment. Upon request of the unit represented employee, with the permission of the City Manager demotion may be made to a vacant position in place of layoff. The City Manager's decision shall be final.

Section 11. Holidays and Vacations
I I. I Authorized Holidays
The holidays for this unit are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
(New Year's Day)
Martin Luther King Jr.'s Birthday
(Washington's Birthday)
(Memorial Day)
(Independence Day)
(Labor Day)
(Veteran's Day)
(Thanksgiving Day)
(Friday after Thanksgiving Day)
(Christmas Eve Day)
(Christmas Day)

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(12) Floater
(13) Floater
To be taken at the mutual convenience of the
Department and the employee.

To be taken at the mutual convenience of the
Department and the employee.

Regular full-time unit represented employees shall be entitled to take all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday.

If one of the holidays listed above falls on a Saturday and the employee is not regularly scheduled to work that day, the unit represented employee's last regularly scheduled workday preceding the holiday shall be considered a holiday.

If one of the holidays listed above falls on a Sunday and the employee is not regularly scheduled to work that day, the unit represented employee's first regularly scheduled workday following the holiday shall be considered a holiday.

11.2 Eligibility
All unit represented employees shall be entitled to annual vacation leave except employees serving the first six (6) months of the original one (1) year probationary period.

11.3 Vacation Credits Accrual
Vacation time shall be accrued in hourly amounts according to the following schedule:

Years of Service
1st yr. through 5th yr.

Vacation Days Earned per
Year of Full-Time Service
11 days
Hours Accrued Per
Pay Period

3.38 6th yr. through 10th 16 days 4.92
11th year 17 days 5.23
12th year 18 days 5.54
13th year 19 days 5.85
14th year 20 days 6.15
15th year 22 days 6.77
16th year 23 days 7.08
17th year 24 days 7.38
18th year 25 days 7.69
19th year 26 days 8.00
20th year & up 27 days 8.31
Maximum vacation accrual is two times the annual accrual rate. Unit represented employees whose vacation accrual was above twice the annual accrual rate as of July 1, 2011 shall have six months from October 10, 2011 (the anticipated date for Council adoption of this MOU) to reduce their accrual to the 2x maximum. After April 1, 2011, vacation time shall not be accrued during any pay period in which unit represented employee's vacation leave bank exceeds the applicable annual accrual rate.

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11.4 Time Charged
Vacation time shall be charged on the basis of the number of days used for vacation purposes, and in conformance to the Fair Labor Standards Act.

11.5 Vacation Credits Advance
Unit represented employees may take only such vacation as they have accumulated at the time that the vacation begins, except after three (3) years of service the unit member may draw upon anticipated vacation credits not to exceed five (5) working days. At termination of employment the City shall be reimbursed by the unit represented employee for any vacation taken in excess of vacation credit, through payroll deduction.

11.6 Vacation Scheduling and Accumulation
The times during the calendar year at which a unit represented employee may take his/her vacation shall be determined by the Department Director or the City Manager with due regard to the needs of the service and desires of the unit represented employee. If requirements of the service or the desires of the unit represented employee are such that a unit represented employee must defer part or all of his/her annual vacation in a particular year, the Department Director or the City Manager may permit the unit represented employee to take such deferred vacation during the following calendar year. No unit represented employee may accumulate more than two times his/her annual vacation allowance.

11.7 Sick Leave During Vacation
If a unit represented employee becomes sick during his/her vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 12 (Sick Leave). A doctor's certificate shall be required and shall be submitted prior to such charge against sick leave credits.

11.8 Return of Vacation
Managers will be allowed to sell to the city, up to three (3) weeks of vacation leave per year, at the unit represented employee's prevailing wage. Managers will not be allowed to sell the last one (1) week of vacation at any time.

11.9 Separation from Service
Unit represented employees who terminate employment shall be paid a lump sum for all accrued vacation leave earned prior to the effective day of termination. Former employees reemployed by the City shall receive no credit for prior service in determination of vacation benefits.

Section 12. Sick Leave

12.1 Sick Leave Plan

12.1.1 Accrual

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Regular unit represented employees shall earn sick leave credit at the rate of one (1) day per month.

12.1.2 Usage
Sick leave shall not be considered a privilege which a unit represented employee may use at his/her discretion but shall be allowed only in cases of necessity and actual sickness of the unit represented employee or the unit represented employee's designated family members, as allowed by family illness leave, including necessary physician appointments.

Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:
• For the unit represented employee's own illness or injury or for the illness or injury of the unit represented employee's family member. See Section 13.1 Family Illness Leave.
• For the unit represented employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee's family member.
• For unit represented employees who are victims of domestic violence, sexual assault or stalking as specified in state law.
• Each hour of illness or injury shall be deducted from the unit represented employee's accumulated sick leave benefits
Sick leave shall be charged against a unit represented employee's sick leave credit as the actual number of hours of the regular work period that the unit member is on sick leave.

All unit represented employees shall be entitled to sick leave compensation except unit represented employees serving the first thirty (30) days of the original one (1) year probationary period.

When the absence is for more than one (1) working day, unit represented employees may be required to file a physician's statement with the Department Director verifying a medical need for the absence.

12.2 Incapacity to Perform Duties
The City Manager or designee may require any unit represented employee who the City Manager or designee believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City's expense. If as a result of the physician's examination the unit represented employee is determined to be incapacitated to perform the unit represented employee's duties, the City Manager or designee or Department

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Director may place the unit represented employee on leave of absence without pay. A unit represented employee may use accrued sick leave, vacation or compensatory time prior to being placed on a leave of absence without pay.

However, the unit represented employee may be eligible for long-term disability benefits under Section 12.3 (Long-Term Disability). Vacation and sick leave credits shall not accrue when a unit represented employee is on an unpaid leave of absence.

12.3 Sick Leave at Retirement
Unit represented employee retiring from the City Service, under provisions of a City-sponsored retirement system shall elect one of the following options (no unit represented employee shall be entitled to take both the cash out option and the PERS credit option):

12.3.1 Receive pay for twenty-five percent (25%) of their accumulated sick leave credit, not to exceed Three Thousand Dollars ($3000). Such pay shall be computed at the rate of pay on the date of retirement (see NOTE below); or

12.3.2 Convert one hundred percent (100%) of their accumulated sick leave credit to additional CalPERS retirement service credit under the provisions of Government Code Section 20965.

12.4 Sick Leave at Termination
Unit represented employees resigning from the City, terminated by the City, otherwise terminating their City employment, or being terminated by the City shall forfeit all unused sick leave benefits as of the termination date. Former unit represented employees re-employed by the City shall receive no credit for prior service in determination of sick leave benefits.

12.5 Catastrophic Illness or Injury Time Donation Program Employees may donate time in accordance with the City's Catastrophic Illness or Injury Policy.

Section 13. Leaves of Absence

13.1 Family Illness Leave
According to State Law, a unit represented employee may use his or her accrued sick leave up to a maximum of six (6) days per year, where the unit represented employee's attendance is required to attend to a member of his family who is ill. A doctor's note may be required to substantiate the illness of the family member.

For the purpose of this Section 13.1 "family member" is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit represented employee's stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an unit represented employee or the unit represented employee's spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the

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Secretary of State), or a person who stood in loco parentis when the unit represented employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.

13.2 Family Care & Medical Leave
Each eligible unit represented employee is entitled to family care and medical leave as provided by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as amended. The leaves under FMLA and CFRA will run concurrently to the extent permitted by law.

13.2.1 Eligibility
To be eligible for family care and medical leave, on the date on which leave is to begin, a full-time or part-time unit represented employee must have been employed by the City for at least twelve (12) months, which need not be consecutive, and have actually worked at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

13.2.2 Family Care and Medical Leave Entitlement
Subject to the provisions of this MOU, City policy, and state and federal law, including the federal FMLA and the CFRA, an eligible unit represented employee is entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for any one, or more, of the following reasons:
a) The birth of a child and to care for the newborn child (FMLA and CFRA); b) The placement with the unit represented employee of a child for adoption or foster care and care for the newly placed child (FMLA and CFRA); c) To care for the unit represented employee's child, parent or spouse who has a serious health condition. (Child is defined as biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is under 18 years of age or an adult dependent child. Parent is defined as biological, foster or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the unit represented employee when the unit represented employee was a child. Parent does not include a parent-in-law. "Spouse" means partner in marriage or a registered domestic partner as defined in the Family Code and includes same-sex partners in marriage.)
d) Because of a unit represented employee's own serious health condition that makes the unit represented employee unable to perform the functions of the unit represented employee's position, except for disability on account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave. (Pregnancy disability counts toward only California Pregnancy Disability Leave (PDL) and FMLA leave.)

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e) Because of any qualifying exigency arising out of the fact that the unit represented employee's spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status) (FMLA only).

The twelve (12) month period for FMLA/CFRA purposes is determined by the fiscal year.

13.2.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness
Subject to the provisions of this MOU, City policy, and state and federal law, including the FMLA, an eligible unit represented employee may take FMLA leave to care for a covered servicemember with a serious injury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the covered servicemember. a) An eligible unit represented employee's entitlement under Section 13.2.3 is limited to a total of twenty-six (26) workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness. The "single 12-month period" in which the 26-weeks-of-leave-entitlement described in this begins on the first day a unit represented employee takes leave to care for the covered servicemember.
b) During the "single 12-month period" described above, an eligible unit represented employee's FMLA leave entitlement is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any qualifying reason.

13.2.4 Pay Status and Benefits
Except as provided in this Section 13, the family care and medical leave will be unpaid.

The City will, however, continue to provide City contributions toward the health plan premiums during the period of family care and medical leave for up to twelve (12) work weeks on the same basis as contributions would have been provided had the unit represented employee not taken family care and medical leave. The unit represented employee will be required to continue to pay the unit represented employee's share of premiums payments, if any.

13.2.5 Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the unit represented employee may be entitled for the same qualifying reason. A unit represented employee is required to utilize the unit represented employee's accrued sick leave for FMLA/CFRA qualifying absences due to the unit represented employee's own serious health condition. A unit represented employee may be required to use accrued vacation leave for FMLA/CFRA qualifying reasons unrelated to the unit represented employee's own serious health condition.

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I 3.2.6 Notice to the City
a) The unit represented employee must provide written notice to the City as far in advance of the leave as possible and as soon as the unit represented employee reasonably knows of the need for the leave. If the need for the leave is foreseeable based on an expected birth, placement of a child for adoption or foster care or planned medical treatment, the notice must be provided at least (thirty) 30 calendar days in advance of the leave, or if not reasonably known (thirty) 30 calendar days before the leave, then as soon as reasonably practicable.
b) The written notice must inform the City of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave. c) The unit represented employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to department operations.

13.2.7 Medical Certification
a) A unit represented employee's request for family care and medical leave to care for a child, a spouse, or a parent who has a serious health condition shall be supported by a certification issued by the health care provider of the individual requiring care. If additional leave is requested after the expiration of the time originally estimated by the health care provider, the unit represented employee shall provide the City with recertification by the health care provider. b) A unit represented employee's request for family care and medical leave because of unit represented employee's own serious health condition shall be supported by a certification issued by the unit represented employee's health care provider. c) As a condition of a unit represented employee's return from leave taken because of the unit represented employee's own serious health condition, the unit represented employee is required to obtain certification from the unit represented employee's care provider that the unit represented employee is able to resume work.
d) Employees are required to use the medical certification forms available from the City Human Resources Department to meet the certification and recertification requirements of this section.

13.2.8 Minimum Duration of Leave
a) Leave does not need to be taken in one continuous period of time. b) Leave taken for a serious health condition of the unit represented employee's child, parent, or spouse of the unit represented employee may be taken intermittently or on a reduced work schedule when medically necessary, as determined by the health care provider of the person with the serious health

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condition. However, intermittent or reduced work schedule leave may be taken for absences where the unit represented employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.
c) Leave taken for reason of birth, adoption, or foster care placement of a child of the unit member does not have to be taken in one continuous period of time. Any leave(s) taken shall be concluded within one (1) year of the birth of placement of the child with the unit represented employee. The basic minimum duration shall be two (2) weeks. However, the City shall grant a request for a leave of less than (2) weeks' duration on any two (2) occasions.

13.2.9 City's Response to Leave Request
It is the City's responsibility to designate leave, paid or unpaid, as family and medical leave-qualifying based on the information provided by the unit represented employee and to notify the unit represented employee of the designation.

13.2.10 Dual Parent Employment
Where both parents are City unit represented employees, allowable leave for the birth, adoption, or foster care placement of a child is limited to a total of twelve (12) work weeks in a 12-month period between the two unit represented employees. Their family care and medical leave entitlement is not limited or combined for any other qualifying purpose.

13.2.11 Employee's Status on Returning from Leave
Except as provided by law, on return from family care and medical leave, an unit represented employee is entitled to be returned to the same or equivalent position the unit represented employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. A unit represented employee is also entitled to reinstatement even if the unit represented employee has been replaced or the unit represented employee's job has been restructured to accommodate the unit represented employee's absence. If a unit represented employee is no longer qualified for the position because, e.g., of the employer's inability to renew a license, as a result of the leave, the unit represented employee shall be given a reasonable opportunity to fulfill those conditions upon returning to work. A unit represented employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit represented employee's FMLA/CFRA leave.

13.3 Pregnancy Disability Leave
A pregnant unit represented employee is entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time the unit represented employee is actually disabled by pregnancy, as determined by her health care provider.

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13.3.1 Notice to City
Using the City's Certification of Health Care Provider form for pregnancy disability leave, a unit represented employee should provide at least thirty (30) days advance notice or notice as soon as practicable of the unit represented employee's need for pregnancy disability leave or need for reasonable accommodation based on the advice of her health care provider that reasonable accommodation is medically advisable because of pregnancy or a related medical condition.

13.3.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave A unit represented employee is required to use any accrued sick leave during an otherwise unpaid pregnancy disability leave. A unit represented employee may, at her option, use accrued vacation during an otherwise unpaid portion of a pregnancy disability leave.

13.3.3 Health and Welfare Benefits
The City shall maintain its contribution toward health and welfare benefits under Section 14 during any unpaid portion of a pregnancy disability leave on the same basis that the contribution would have been provided if the unit represented employee had not taken pregnancy disability leave.

13.3.4 Employee Status
During a pregnancy disability leave, the unit represented employee shall retain unit represented employee status, and the leave shall not constitute a break in service for any purpose under this MOU except that the leave shall not count toward completion of probation.

13.3.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves a) A pregnancy disability leave shall run concurrently with the unit represented employee's FMLA leave entitlement.
b) The right to take pregnancy disability leave is separate and distinct from the right to take leave under CFRA. A unit represented employee's own disability due to pregnancy, childbirth or related medical conditions is not a "serious health condition" under CFRA.
c) At the end of the unit represented employee's period(s) of pregnancy disability leave, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible unit member may request to take CFRA leave of up to twelve (12) workweeks for reason of the birth of her child, if the child has been born by this date.

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13.4 Jury Duty
A unit represented employee summoned to jury duty shall inform his supervisor and, if required to serve, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee's department director, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.

When a unit represented employee is released from jury duty each day, he or she must report to work promptly for the balance of his or her regularly scheduled shift or workday.

13.5 Military Leave
The provisions of the Military and Veterans Code of the State of California as well as the Uniformed Services Employment and Reemployment Act shall govern military leave of unit represented employees.

13.6 Campaign Leave
Upon becoming a candidate for public office, any regular unit represented employee may request and be granted a leave of absence without pay, to remain in effect for the period of his or her candidacy.

13.7 Leave of Absence Without Pay
Upon written request, the City Manager, or where the authority has been delegated by the City Manager, the City Manager's representative, may grant unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year. The decision by the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall be final. Upon expiration of leave of absence the unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification.

Failure on the part of unit represented employee on leave to report promptly on its expiration, or within fifteen (15) days after notice to return to duty shall result in such unit represented employee's automatic dismissal. Vacation and sick leave credits shall not accrue to unit represented employees on voluntary leave of absence. Additionally, seniority credits shall not accrue to a unit represented employee on voluntary leave of absence.

13.8 Bereavement Leave
In case of death within the immediate family of a unit represented employee, such unit represented employee shall be entitled to remain absent from duty with pay in order to attend and/or arrange the funeral or memorial services for the times hereinafter specified:

13.8.1 If the service is within the Bay Area (i.e., Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Sonoma Counties) not to exceed a maximum of three (3) working days.

13.8.2 If the service is outside the Bay Area, not to exceed a maximum of five (5) working days. Said bereavement leave is not to be charged to sick or vacation leave.

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For the purpose of this Section 13.8, immediate family is defined as parent, sibling, spouse, domestic partner, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, great grandparents, stepchildren, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship.

Additionally, All Employees are permitted 5 days of Unpaid Bereavement Leave upon the death any family member listed in Section 12945.2 of the Government Code. The Paid Bereavement leave runs concurrent with the 5 Day (maximum) Paid Bereavement Leave. However, the leave days need not be consecutive. For Bereavement Leave in excess of 3 days, or the additional two for out-of-Bay Area, all employees may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. Proof of death (death certificate, obituary, funeral program, etc.) or proof of miscarriage/stillbirth (a note from a healthcare provider) must be submitted within 30 calendar days of when the employee returns to work. Additional time off for this purpose must be vacation, C.T.O., or unpaid leave.

Bereavement leave must be approved by the Department Head.”

13.9 Absence Without Official Leave
Failure of a unit represented employee to report for duty on a normal working day or shift without notice to his department director of the reason for such absence within thirty (30) minutes after the time designated as the beginning of the workday shall constitute absence without leave and without pay. A unit represented employee should make every effort to contact their department director prior to the start of their shift if they plan to be absent.

13.10 Administrative Leave for Unit Represented Employees Unit represented employees will receive administrative leave at the rate of seventy-two (72) hours per fiscal year. The administrative leave is in lieu of compensatory time, must be used during the fiscal year in which it isreceived, has no cash value, and does not accumulate from year to year.

13.11 Catastrophic Illness or Injury Time Donation Program For unit represented employees, the City will continue to offer a catastrophic leave program for donation of time in the event of catastrophic illness or injury.

13.12 Industrial Disability Leave With Pay
No disability leave with pay will be granted to non-safety unit represented employees until the illness or injury is declared compensable under the California Workers' Compensation Law.

During such disability leave of absence, the City may request that a unit represented employee be examined by a physician selected by the City. The City will pay full pay for the initial three (3) months' leave to non-safety unit represented employees who suffer industrial disabilities and are on authorized Industrial Disability leave. Workers' Compensation benefits will be integrated and

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checks endorsed to the City by the unit represented employee. No use of sick leave will be required during the first three (3) months. Full pay as used herein shall mean the employee's base rate of pay.

After the first three (3) months of Industrial Disability Leave, until the three hundred sixty-fifth (365th) consecutive calendar day's absence or the unit represented employee is determined to be permanently disabled, the unit represented employee may integrate Workers' Compensation

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disability benefits with unused sick leave to assure no loss of compensation. The ratio used will be seventy-five percent (75%) City/Workers' Compensation pay and twenty-five percent (25%) sick leave. Insurance premiums will continue to be paid by the City.

Safety unit represented employees are covered under Labor Code Section 4850, et seq. While on 4850 leave, safety unit represented employees will accrue benefits and the City will continue to contribute to benefits as usual.

Section 14. Health and Welfare.

14.1 Medical Insurance - City Contributions
Effective July 1, 2021, and continuing for the 2022 and 2023 calendar years, the City will contribute up to the following maximum amounts per month toward the cost of health benefits for each full-time unit represented employee (effective dates are listed in the chart below). For the purpose of this Health and Welfare Section, "full-time" means the Teamsters 350 Manager unit represented employee is assigned to a classification requiring the unit represented employee to work at least forty (40) hours per week. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to "cash-out" or pay any Teamsters 350 Manager unit represented employee the difference. The City and Teamsters 350 Manager unit acknowledge the parties may propose changes to Section 14 during the successor contract negotiations in 2023. During the successor contract negotiations, this Section 14.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time Teamsters 350 Manager unit represented employee. Teamsters 350 Manager unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit represented employee's pay.

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Teamsters 856 Offered Medical Plan
Effective July 1. Effective
January 1, 2022
2% Increase
Effective
2021 January 1, 2023
2% Increase
Employee Onlv 877.70 $895.25 $913.16
Em12loyee 1 $1,700.97 $1,734.99 $1,769.69
Employee Plus 2 or $2,211.27 $2,255.50 $2,300.61
more
CalPERS Offered Medical Plan
Effective July 1. Effective
January 1, 2022
Effective
January 1, 2023
2% Increase
2021
2% Increase
Employee Onlv 877.70 $895.25 $913.16
Employee 1 $1,700.97 $1,734.99 $1,769.69
Employee Plus 2 or $2,2211.27 $2,255.50 $2,300.61
more

14.1.2 Additional Premium Contributions for Unit Represented Employees Electing the Teamsters 856 Offered Medical Plan/or the MOU Period Only For the duration of this MOU only, the City will make additional contributions towards health care premiums above the maximum amounts listed in Section

14.1.1 for unit represented employees enrolled in the Teamsters 856 offered medical plan. Unit represented employees enrolled in the City medical plans will only receive the City contribution listed in Section 14.1.1 and not the additional contributions listed in this Section 14.1.2. During the periods listed below, the City's total contribution toward health care premiums unit represented employees enrolled in the Teamsters 856 offered medical plan shall be up to the following

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maximum amounts per month:

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• July 1, 2021 to December 31, 2021: $930.10 (Employee Only); $1,802.50 (Employee + 1); $2,343.25 (Employee +2 Or More) • January 1, 2022 to December 31, 2022: $948.70 (Employee Only); $1838.55 (Employee+ 1); $2,390.12 (Employee +2) Or More) • January 1, 2023 to June 30, 2023: $967.67 (Employee Only); (Employee +l) $1875.32; Employee+ 2 or more) $2437.92.

In no event during this two-year period shall the City contribute more than the actual monthly health care premium cost for the applicable plan in which the unit represented employee is enrolled. In order to ensure all City employees receive the same City contribution to employee medical plans, the City shall not be required to continue the additional contributions described in this Section

14.1.2 beyond the expiration of this MOU. After the expiration of the MOU, the maximum contribution amounts listed in the chart in Section 14.1.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time unit represented employee.

14.1.3 Eligibility
To be eligible for the Teamsters Health and Welfare Trust Fund Benefits, a unit represented employee must be working or on paid status for eighty (80) or more hours in the preceding calendar month. To be eligible for a CalPERS offered medical plan, a unit represented employee must meet the criteria established by CalPERS.

The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.

14.1.4 Health In-Lieu Payment Plan
The City will pay a monthly taxable five hundred and fifty dollars ($550) in-lieu payment to a Teamsters 350 Manager unit represented employee who certifies that he or she is eligible for health insurance coverage through another group health plan, declines City health coverage, and provides the City proof of other health coverage. City Health in-Lieu payments shall be effective the first pay period in January 2016. The City shall pay the health in-lieu payment through the unit represented employee's regular payroll checks.

The Health In-Lieu Payment Plan year shall operate on the calendar year. Teamsters 350 Manager unit represented employees on an unpaid leave of absence are not eligible for the Health In-Lieu Payment Plan.

14.2 Dental, Orthodontia, and Vision

14.2.1 Teamsters 856 Dental, Orthodontia, and Vision
For each unit represented employee enrolled in employee-only, two-party, or family Teamster 856 medical coverage, the City shall contribute an additional one hundred sixtythree dollars ($163) per month per unit represented employee to the Teamsters 856 Trust

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Fund, and the Teamsters 856 Trust Fund shall provide such unit represented employees with a composite dental, orthodontics, and vision coverage.

14.2.2 City of Pacifica Self-Funded Dental Plan
For each unit represented employee not enrolled in the Teamsters 856 medical plan, the City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of Pacifica Self-Funded Dental Plan, and the Self Funded Plan shall provide the following benefits to covered unit represented employees:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.
b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible employee and per dependent.
c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible employee and dependent.

14.2.3 City of Pacifica VSP Vision Plan
For each unit represented employee not enrolled in the Teamsters 856 medical plan, the City shall contribute the following amounts per month per unit member:
a) Unit Represented Employee Only - $18.29
b) Unit Represented Employee Plus One - $26.52
c) Unit Represented Employee Family - $47.56

14.3 Life and Disability Insurance

14.3.1 Life Insurance
The City shall contribute towards payment of term life insurance benefits an amount equal to the premium cost of two (2) times the unit represented employee's annual salary up to an annual salary of $200,000 for each eligible unit member.

14.3.2 Long-Term Disability Plan
The City shall contribute an amount necessary to provide the long-term disability plan benefits presently in effect for each eligible unit represented employee.

14.4 Domestic Partners Health Benefits
The City will provide medical, dental, and vision benefits for registered domestic partners of bargaining unit represented employees to the same extent, and subject to the same terms and conditions, as medical, dental, and vision benefits are available to spouses of unit represented employees under this MOU. This coverage is conditioned upon the domestic partnership meeting

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all the criteria of California Family Code Section 297, et seq. and that a valid declaration of domestic partnership has been filed with the Secretary of State pursuant to Family Code Section 297, et seq., registering the domestic partnership. Domestic partners may enroll in the City's medical, dental, and vision plans pursuant to this Section only to the extent that the City's carriers provide such coverage.

14.5 Coverage During Unpaid Leave
Except as otherwise provided in this MOU, Teamsters 350 Manager unit represented employees on City approved unpaid leaves of absence shall continue to receive health and welfare benefits for the period of the leaves if they wish to purchase such benefits at the current group rates, to be paid by the unit represented employee to the City one (1) month in advance.

14.6 Medical Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified flexible medical spending accounts (FSA). Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified FSA accounts.

14.7 Dependent Care Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified Dependent Care Flexible Spending accounts. Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into an IRS qualified Dependent Care Flexible Spending account. If, in its sole discretion, the City determines that administration of the Program will require the services of an outside entity or contractor, participating Teamsters 350 Manager unit represented employees shall be responsible for paying their share of the outside contractor's administration fee.

14.8 Commuter Assistance Account
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified Commuter Plan. Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified Commuter Assistance account.

14.9 Participation in Tax-Sheltered Annuities
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified tax sheltered annuity plan. Teamsters 350 Manager unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified tax sheltered annuity plan account.

14.10 Participation in IRS 457 Deferred Compensation Plan To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified 457 deferred compensation plan. Teamsters 350 Manager unit represented employees may have funds

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deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified 457 deferred compensation plan.

14.10.1 Beginning: the first full pav period after July 1, 2023. the Citv shall provide up to a one percent (1 %) of base salary match to each unit represented employee’s one percent (1 %) of base salary contribution to their IRS qualified 457 deferred compensation plan.This deferred compensation will end last pay period in June 2025.

Section 15. Vehicle Use

15.1 Reimbursement for Use of Private Vehicles
The City shall reimburse unit represented employees for use of the unit represented employee's private vehicle at the current applicable IRS established federal business standard mileage rate.

To be eligible for reimbursement, the unit represented employee must be authorized to use a private vehicle for travel required in the performance of official duty, and the unit represented employee must substantiate the time, place, and business purpose of the travel During any period of time when a unit represented employee is receiving the mileage reimbursement described in this Subsection 15.1, the City Manager shall not assign the unit represented employee a City pool, specially equipped, or public safety vehicle as described in Subsection 15.2.

No unit represented employee shall be entitled to mileage reimbursement for travel between the unit represented employee's home and the unit represented employee's work location.

15.2 Use of City Pool, Specially Equipped, or Public Safety Vehicle For some unit represented employees, the nature of the unit represented employee's work may require the unit represented employee to drive a City pool, specially equipped, or public safety vehicle while on duty and actively performing services for the City. At his or her sole discretion,

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the City Manager, or his or her designee, shall determine whether the nature of the unit represented employee's work requires the unit represented employee to drive such a City vehicle while on duty and actively performing service for the City. For each such unit represented employee, the City Manager, or his or her designee, may authorize the unit represented employee to use a City pool, specially equipped, or public safety vehicle while on duty and actively performing services for the City.

Such unit represented employees shall comply with City regulations governing the use of a City pool, specially equipped, or public safety vehicle.

A unit represented employee authorized to use a City pool, specially equipped, or public safety vehicle shall not use the City vehicle to travel between the unit represented employee's home and the unit represented employee's work location.

During any period of time when the City Manager has assigned a unit represented employee a City pool, specially equipped, or public safety vehicle, the unit represented employee shall not be eligible for the mileage reimbursement described in Subsection 15.1.

15.3 No Car Allowance
No bargaining unit represented employee shall be eligible for a monthly car allowance.

Section 16. Safety Equipment
All unit represented employees required to wear steel-toed safety shoes in the performance of their job duties shall be provided an allowance equal to the allowance provided employees in the Miscellaneous Unit.

Section 17. Uniform Allowance

17.1 General Provisions
As a condition of employment, the City may require unit represented employees in the Fire and Public Works departments and the Wastewater Treatment Plant to wear uniforms during work hours. The uniforms provided are not suitable for everyday wear, and unit represented employees shall wear the provided uniforms only while on duty and traveling to and from work.

To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the required uniforms for classic members (as defined by CalPERS). For classic members, the City and unit represented employees will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. Pursuant to CalPERS regulations, the value of uniforms for new members (as defined by CalPERS) and the value of safety clothing and equipment does not count as special compensation.

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17.2 Fire Department Uniforms
Fire Department unit represented employees who are required to wear uniforms not provided by the City shall receive an annual uniform allowance equal to eight hundred dollars ($800). Effective the first pay period after December 1, 2016, this allowance shall be paid at the rate of $30.77 per pay period.

17.3 Public Works Department & WWTP Uniforms
For unit represented employees assigned to the Public Works Department and the Wastewater Treatment Plant, the City shall provide uniforms and a uniform cleaning service to employees who are required to wear uniforms as a condition of employment. The cost of the uniforms provided and the uniform cleaning service shall not exceed $700 per year. Beginning January 27, 2017, the value of these uniforms and cleaning service shall be reported to CalPERS each pay period in an amount not to exceed $26.92 per pay period.

17.4 WWTP Unit Represented Employees
For unit represented employees assigned to the Wastewater Treatment Plant, the City shall provide coveralls which are solely for personal health and safety purposes of the unit represented employee. The City will provide and pay for regular cleaning service for the coveralls.

Section 18. Tuition Reimbursement
A unit represented employee may be reimbursed up to a maximum of Two Thousand Dollars ($2,000.00) within one fiscal year for tuition and related fees paid for courses of study in an offduty status if the subject matter content of the course is closely related to the unit represented employee's present work assignment, or if the unit represented employee is enrolled in a program of study related to the unit represented employee's work assignment (declared major). There must be a reasonable expectation that the unit represented employee's work performance or value to the City will be enhanced as a result of the course of study or that the unit represented employee will be better prepared for promotional opportunities. For the purposes of this section, course includes trainings related to job related certificates and licenses including reimbursement for costs incurred to take approved examinations for professional licenses or certificates.

The unit represented employee must submit a claim form for reimbursement to the Director of General Services giving all information needed for an evaluation of the request. The Director of General Services decision shall be final. If a course is approved and later found to be unavailable, a substitute course may be approved after enrollment.

Upon completion of the course, a copy of the grade sheet or certificate must be filed in the Personnel Office for placement in the unit represented employee's personnel file. All reimbursement must be returned to the City in full if the unit represented employee does not achieve at least a "C" grade.

If the unit represented employee leaves City employment within one (1) year after reimbursement, such unit represented employee is required to refund one-half (1/2) of the reimbursement to the City.

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Section 19. Labor Management Committee
The City and Union will form a Labor Management Committee to meet quarterly to review issues of concern. Representatives of all bargaining units may participate in the Labor Management Committee.

Section 20. Probationary Period

20.1 Duration
All appointments and promotions shall be tentative and subject to a probationary period of not less than one (1) year from the date of appointment or promotion. Where a unit represented employee's extended absence from work has prevented a full probationary evaluation, the probationary period may be extended by the City Manager or where the authority has been delegated by the City Manager, Department Director, in order to provide a full probationary evaluation. For the purpose of this Section, an extended absence from work shall be defined as absences of at least one (I) calendar month or six (6) cumulative weeks.

20.2 Termination
The City Manager, or where the authority has been delegated by the City Manager, the Department Director may terminate a probationary employee at any time during the probationary period for any reason. Upon such action of termination, the probationary employee shall have no right of appeal in any manner and no recourse to any of the procedures set forth in the Memorandum of Understanding.

20.3 Regular Status
A unit represented employee who is not rejected prior to the completion of the prescribed probationary period shall acquire regular status. Former regular employees appointed from a reemployment eligibility list shall be given regular appointments when reemployed. Regular employees who are demoted to lower classifications shall be given regular appointments in the lower classifications; provided, however, that the employee has had prior regular status in the lower classification.

20.4 Layoff
A unit represented employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo a new probationary period. Former probationary employees whose names were placed on a reemployment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligible list.

20.5 Transfer
Regular employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.

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20.6 Promotions
Regular employees who are promoted to a higher classification shall undergo the probationary period prescribed for the higher classification. During the probationary period, a unit represented employee may be rejected at any time by the appointing authority without right of appeal and without recourse to the procedures provided in Section 19 (Grievances) hereof.

An employee rejected during the probationary period from a position to which the employee has been promoted (“promotional probation”) shall be reinstated to the position from which employee was promoted if such position remains available. If position has been filled employee shall be considered for any open positions in which employee is qualified.

Section 21. Dismissal, Suspension or Demotion for Cause The City Manager or where the authority has been delegated by the City represented employee for cause. Suspension without pay shall not exceed thirty (30) days in any fiscal year. Also, in accordance with the Fair Labor Standards Act, the suspension may not be for less than five (5) days unless it involves a safety violation. In accordance with applicable State law, a unit represented employee shall be notified in writing of any proposed disciplinary action with a copy to the Union and shall be given an opportunity to respond in writing or in person.

Any regular employee (one who has passed the probationary period) who is suspended, demoted or dismissed shall be furnished a written notice of such action. Upon the unit represented employee's request, the unit member shall be provided a written statement of the reasons for such action.

Section 22. Grievances

22.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of the named City official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

A grievance regarding discipline, suspension or discharge must be filed within seven (7) work days. All other grievances must be filed within fourteen (14) work days. All grievances shall be handled in accordance with the procedure that follows:

22.2 Procedure
Grievances shall be processed in the following manner:

Step 1. Immediate Supervisor. A grievance may be filed by a unit member in his/her own behalf, or jointly by a group of unit represented employees, or by the Association.

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The Supervisor shall meet with the grievant to attempt to settle the grievance and give a written answer to the aggrieved within seven (7) calendar days from the receipt of the grievance by the Supervisor.

Step 3. City Manager. If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration. The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 20 unless it has been filed in accordance with Sections 21.3.1 through 21.3.3.

Step 4. Arbitration. In the event the City Manager is unable to resolve the Grievance, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. Notice of arbitration must be received within 10 calendar days after receipt of the City Managers decision in 21.3.3. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own representation, including preparation and post-hearing briefs, if any. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California. Prior to arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.

22.3 No Change to Memorandum
Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

22.4 Demotion, Suspension and Dismissal Grievances
When the City Manager in pursuance of Section 19.2 (3) above resolves a grievance which involves suspension or discharge, the City Manager may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he finds that the

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City had such right, he may not order reinstatement and may not assess any penalty upon the City.

22.5 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints which allege that unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

22.6 Mutual Agreement on Changes
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, and Union President.

Section 23. Separability of Provisions
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

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Section 24. Contracting Out
The City does not anticipate the need to contract out bargaining unit work during the term of this memorandum; however, if the City contemplates contracting out bargaining unit work, the City shall give the Union notice and an opportunity to meet and confer regarding any decision and/or impact that is within the scope of bargaining.

Section 25. No Strike
The Association, its members and representatives, agree that it and they will not during the term of this Memorandum of Understanding engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not covered by this Memorandum of Understanding.

Pacifica City CouncilJuly 10, 2023

Pacifica City Council
July 10, 2023