Agenda — Pacifica City Council, November 24, 2025 (part 1 of 3)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Sue Beckmeyer
Vice Mayor Christine Boles
Councilmember Mary Bier
Councilmember Mayra Espinosa
Councilmember Greg Wright
City Council Regular Meeting 1 November 24, 2025
SPECIAL and REGULAR MEETING
November 24, 2025 (MONDAY)
www.cityofpacifica.org
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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:
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City Council Regular Meeting 2 November 24, 2025
5:00 PM - CLOSED SESSION
00a. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION, pursuant to Government Code section 54956.9(d)(1): City of Pacifica v. Millard W. Tong et al., San Mateo County Superior Court No. 18CIV05455.
6:00 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 Vice Mayor Boles
Closed Session Report

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.

Public meetings are a limited public forum, meaning that there are rules for commenting at these meetings. Comments on consent agenda items must relate to that specific item.

If comments do not relate to a specific agenda item, then City will provide you with an initial warning to stay on topic. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.

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. Continuation of Proclamation of a Local Emergency at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood
PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood.

City Council Regular Meeting 3 November 24, 2025

2. Resolution approving the Memorandums of Understanding (MOUs) between the City of Pacifica and the Fire Battalion Chiefs, IAFF Local 2400 for the period of July 1, 2025 through June 30, 2028
PROPOSED ACTION: Adopt the resolution approving the Memorandum of Understanding between the City of Pacifica and Fire Battalion Chiefs, IAFF Local 2400; for the period of July 1, 2025, through June 30, 2028, including the revised salary schedule effective November 1, 2025, July 1, 2026, and July 1, 2027. After Council approval, staff will ensure the MOUs are properly cleaned up, and all technical corrections are made, including any remaining typos, fixing the table of contents, finalizing the documents for signature, and eventually posting online.

3. Resolution approving the Memorandum of Understanding between the City of Pacifica and the Management Unit, Teamsters Local 350 for the period of July 1, 2025 through June 30, 2028.

PROPOSED ACTION: Adopt the resolution approving the Memorandum of Understanding between the City of Pacifica and the Management Unit, Teamsters Local 350; for the period of July 1, 2025, through June 30, 2028, including the revised salary schedule effective November 1, 2025, July 1, 2026, and July 1, 2027. 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.

4. First Amendment to Lease Agreement with Pacifica Performances for Use of a Portion of the Sanchez Art Center
PROPOSED ACTION: Adopt the Resolution authorizing the City Manager to execute the First Amendment to Lease Agreement between the City of Pacifica and Pacifica Performances, extending the lease term through December 31, 2030, and updating rent, utility, and financial reporting provisions.

5. Agreement with Serra Yellow Cab for Senior Transportation Services (CaR Program) PROPOSED ACTION: Adopt the Resolution authorizing the City Manager to execute the Agreement between the City of Pacifica and Serra Yellow Cab for the provision of senior transportation services under the City’s Connect-a-Ride (CaR) Program for the period of January 1, 2026 through December 31, 2027, in the amount of $140,000, and authorize the City Manager or designee to execute the Agreement and any related documents.

6. Amended and Restated Lease Agreement with the Art Guild of Pacifica for Use of the Sanchez Art Center
PROPOSED ACTION: Adopt a Resolution Approving the Amended and Restated Lease Agreement between the City of Pacifica and the Art Guild of Pacifica (AGP) for continued use of portions of the Sanchez Art Center, and authorizing the City Manager to execute the Agreement.

City Council Regular Meeting 4 November 24, 2025

7. Amendment to Consultant Services Agreement for On-Call Planning Services Between the City of Pacifica and Consulting Firm Good City Company PROPOSED ACTION: Adopt the attached resolution to approve the Tenth Amendment to the Agreement for Consultant Services between the City of Pacifica and Good City Company and to authorize the City Manager to execute the Tenth Amendment to increase the cost ceiling by $829,851 for additional specialized planning services and extend the agreement term through June 30, 2027.

8. Appointment to the San Mateo County Mosquito & Vector Control District PROPOSED ACTION: Re-appoint Peter DeJarnatt to the San Mateo County Mosquito & Vector Control District Board of Trustees as the City of Pacifica representative for a fouryear term to expire December 31, 2029.

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. Comments on non-agendized items must address matters within the subject matter jurisdiction of the City. If comments do not address matters within the subject matter jurisdiction of the City, the City will provide you with an initial warning to stay within the subject matter jurisdiction of the City. If the warning is not followed, the Mayor will direct the City Clerk to cut off the microphone.

Councilmembers shall not enter into debate with speakers under Public Comments on Items Not on the Posted Agenda. A maximum of three minutes will be allowed for any speaker.

PUBLIC HEARINGS

9. Public Hearing to Consider Adoption of an Ordinance to Adopt by reference the 2025 Edition of the California Building Standards Code and Fire Code with Local Amendments.

PROPOSED ACTION:
1) Adopt by title only and waive the second reading of an Ordinance of the City Council of the City of Pacifica:
a. Repealing and replacing Chapters 1 -9 within Title 8 (Building Regulations) of the Pacifica Municipal Code related to Building Regulations and to adopt by reference the 2025 California Building Standards Code (Cal.Code Regs., Title 24): Parts 2 (California Building Code), 2.5 (California Residential Code), 3 (California Electrical Code), 4 (California Mechanical Code), 5 (California Plumbing Code), 6 (California Energy Code), 7 (California Wildland-Urban Interface Code), 8 (California Historical Buildings Code), 10 (California Existing Buildings Code), 11(California Green Building Code) and 12 (California References Standards Code); and the 2024 International Property Maintenance Code, certain appendices and making certain amendments thereto, including violation penalties;
b. Repealing and replacing Article 1 (Fire Code) of Chapter 3 (Fire Protection) of Title 4 of the Pacifica Municipal Code to adopt by reference Part 9 (California Fire Code) of the 2025 California Building Standards (California City Council Regular Meeting 5 November 24, 2025
Code of Regulation, certain appendices and making certain amendments thereto; and
c. Finding adoption of the Ordinance exempt from the California Environmental Quality Act

CONSIDERATION

10. Recology of the Coast’s Application for Rate Increase for 2026 PROPOSED ACTION: Adopt a Resolution confirming Recology of the Coast’s application for rate increase of 2.94% is accurate and consistent with the annual rate adjustment procedures specified in the agreement with Recology for Recyclable Materials, Organic Materials, and Solid Waste Collection Services (“Agreement”); and finding the confirmation of the rate increase exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15061(b)(3).

11. Guiding Framework of Parameters and Principles for the 2212 Beach Boulevard Site Request for Qualifications/Proposals (RFQ/P)
PROPOSED ACTION: Receive a presentation on guiding framework and key principles for potential development of the 2212 Beach Boulevard site, provide direction to the City Manager on the preferred parameters and expectations to be incorporated into the forthcoming RFQ/P, consider forming a Council Ad Hoc Subcommittee to engage at key milestones in the solicitation process and, if Council elects to do so, appoint its members; and authorize staff to prepare and issue an RFQ/P to solicit development proposals for the site.

12. Continuation of discussion following the November 10, 2025, Council Study Session on Revenue Generation Opportunities and Pacifica’s Financial Sustainability Challenges PROPOSED ACTION: Continue discussion from the adjourned Council Study Session on Pacifica’s financial sustainability challenges and revenue generation opportunities held on November 10, 2025. Provide further direction to the City Manager as needed on Options to address these challenges to maintain the Current Level of City Services and address Unfunded Capital Project and Other Operating Needs.

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.

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 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 City Council Regular Meeting 6 November 24, 2025
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 170 Santa Maria Avenue, Pacifica.

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, 170 Santa Maria Ave.

Council meetings:

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• San Mateo County Supervisor Ray Mueller, District 3, 500 County Center, Redwood City CA 94063 (650) 363-4569
• 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 • Congressman Sam Liccardo, 1117 Longworth House Office Building, Washington DC 20515 (202) 225-8104
• Senator Alex Padilla, 331 Hart Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Adam Schiff, SD-B40B Dirksen Senate Office Building, Washington DC 20510 (202) 224-3841 • President Donald J. Trump, 1600 Pennsylvania Ave. NW, Washington DC 20500

CITY COUNCIL
• Mayor Sue Beckmeyer, [email protected]
• Vice Mayor Christine Boles, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Mayra Espinosa, [email protected]
• Councilmember Greg Wright, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:

Continuation of Proclamation of a Local Emergency at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood
RECOMMENDED ACTION:

Accept report and make a determination that conditions of local emergency continue to exist at the Sewer Mains Crossing Calera Creek in the Vallemar Neighborhood.

STAFF CONTACT:

Melissa Tigbao, P.E., Director of Public Works
(650) 501-6016
[email protected]
Louis Sun, P.E., Deputy Director of Public Works – Wastewater (650) 738-4660
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On August 6, 2025, Public Works Wastewater Division staff received a call from a resident observing a crack on the 6-inch sewer main crossing Calera Creek near the intersection of Oneonta Avenue and Minerva Avenue. Public Works Wastewater Division staff responded to the notification and inspected the sewer main and discovered evidence of corrosion on the sewer main. Staff also conducted a temporary repair. The temporary repair is inadequate for the long term, and the cracked sewer main requires immediate repair to prevent potential sanitary Sewer Spills and threaten the safety of persons and property, including polluting the Calera Creek watershed.

On August 20, 2025, the Director of Emergency Services proclaimed the existence of a local emergency at the sewer mains crossing Calera Creek in the Vallemar Neighborhood near the intersection of Oneonta Avenue and Minerva Avenue due to corroded conditions and potential collapse of the 6-inch sewer main crossing Calera Creek (Attachment 1). Since this date, the Director of Emergency Services has proclaimed the existence of these emergencies as described below:
• There is a potential for leakage during wet weather flows. The potential for sewer main failures and resulting sanitary sewer spills threatens the creek. • Sewer mains cross Calera Creek in three locations in the Vallemar neighborhood. These sewer mains have been identified as health and safety of persons and property, including critical 1 Packet Pg. 7
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public infrastructure for replacement as part of the Vallemar and Rockaway Beach Boulevard Areas Sewer and Rehabilitation and Repair Project. The design of this project (approved by Council August 26, 2024) is in progress. The City is fast-tracking the creek crossings portion of the project, and construction documents are underway.
• The creek crossing near Oneonta Avenue and Minerva Avenues has deteriorated further since inspection earlier this year, and there is a risk that the other creek crossings in the neighborhood are deteriorating further and may result in sanitary sewer spills.

The City Council first ratified this proclamation (Attachment 2) at its regular meeting of August 25, 2025. Since that date, staff is expeditiously working towards a permanent repair solution. • Design documents were completed in September, and staff issued 100% plans for informal bidding in October.
• Staff received two bids and selected the apparent low bidder, Ranger Pipelines. • Staff is finalizing contract documents, and Ranger Pipeline is targeting mobilization and construction in the late November or early December time frame.

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 at the sewer mains crossing Calera Creek in the Vallemar Neighborhood near the intersection of Oneonta Avenue and Minerva Avenue still exist since the City Council first acted to declare a local emergency on August 25, 2025. Staff will bring up the continuance of Proclamation every 30 days, with November 24, 2025, 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 the conditions of local emergency continue to exist at the sewer mains crossing Calera Creek in the Vallemar Neighborhood near the intersection of Oneonta Avenue and Minerva Avenue.

ALTERNATIVE ACTION:

Council may choose to not to adopt the Proclamation Confirming Existence of Local Emergency at the sewer mains crossing Calera Creek in the Vallemar neighborhood, however this is not recommended. Delaying the work increases the risk of Sanitary Sewer Spills into Calera Creek and may cause health and safety issues to persons and property, including critical public infrastructure.

FISCAL IMPACT:

There are no fiscal impacts associated with the emergency declared.

ORIGINATED BY:
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Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment 1 - PROCLAMATION OF LOCAL EMERGENCY at Calera Creek Oneonta - Minerva (PDF)
Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMainVallemar_EXECUTED (PDF) 1 Packet Pg. 9

CITY OF PACIFICA
170 Santa Maria Avenue • Pacifica, California 94044-2506 www.cityofpacifica.org
MAYOR
Sue Beckmeyer

MAYOR PRO
TEM
Christine Boles

COUNCIL
Mary Bier
Mayra Espinosa
Greg Wright
Scenic Pacifica
Incorporated Nov. 22, 1957

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 Wednesday, August 6, 2025, Public Works Wastewater Division received a notification from the public regarding observation of a crack on the 6-inch sewer main crossing the Calera Creek near the intersection of Oneonta Avenue and Minerva Avenue in Vallemar neighborhood; and WHEREAS, Public Works Wastewater Division staff responded to the notification and inspected the sewer main and discovered evidence of corrosion, which caused a crack that was dripping; and WHEREAS, Staff made a temporary repair that would help to prevent complete failure of the sewer main by wrapping pipe repair tape; and
WHEREAS, the temporary repair is inadequate for the long term, and the cracked sewer main requires a more extensive immediate repair to prevent potential sanitary Sewer Spills and threatens the safety of persons and property, including polluting the Calera Creek watershed; and WHEREAS, 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 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 at the sewer main crossing the Calera Creek near the intersection of Oneonta Avenue and Minerva Avenue in the Vallemar neighborhood.

DATED: August 20, 2025
By:
_____________________________
Kevin Woodhouse
Director of Emergency Services

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Attachment: Attachment 1 - PROCLAMATION OF LOCAL EMERGENCY at Calera Creek Oneonta - Minerva (6063 : Continuation of Proclamation RESOLUTION NO. 74-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

RATIFYING THE PROCLAMATION CONFIRMING EXISTENCE OF LOCAL EMERGENCY AT

THE SEWER MAINS CROSSING CALERA CREEK IN THE VALLEMAR NEIGHBORHOOD WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designates 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 August 5, 2025, the Department of Public Works Wastewater Division staff, observed a crack in the six-inch sewer main crossing Calera Creek between Oneonta Avenue and Reina del Mar Avenue; and
WHEREAS, failures of corroded sewer mains would create a hazardous condition including potential Sanitary Sewer Spills and threaten the safety of persons and property, including critical public infrastructure; and
WHEREAS, the City Manager has determined that the damaged sewer main threatens the health and safety of persons and properties, including critical public infrastructure, 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 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 repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, pursuant to Public Contract Code 22050; and WHEREAS, on August 20, 2025, 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 6-inch sewer main crossing Calera Creek near the intersection of Oneonta Avenue and Minerva

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6063 :

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6063 :

RESOLUTION NO. 74-2025

ATTACHMENT A

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6063 :

CITY OF PACIFICA
170 Santa Maria Avenue • Pacifica, California 94044-2506 www.cityofpacifica.org
MAYOR
Sue Beckmeyer

MAYOR PRO
TEM
Christine Boles

COUNCIL
Mary Bier
Mayra Espinosa
Greg Wright
Scenic Pacifica
Incorporated Nov. 22, 1957

DATED: August 20, 2025
By:
_____________________________
Kevin Woodhouse
Director of Emergency Services

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Attachment: Attachment 2 - ResolutionNo74-2025_RatifyingProclamationLocalEmergency_SewerMain-Vallemar_EXECUTED (6063 :

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:

Resolution approving the Memorandums of Understanding (MOUs) between the City of Pacifica and the Fire Battalion Chiefs, IAFF Local 2400 for the period of July 1, 2025 through June 30, 2028
RECOMMENDED ACTION:

Adopt the resolution approving the Memorandum of Understanding between the City of Pacifica and Fire Battalion Chiefs, IAFF Local 2400; for the period of July 1, 2025, through June 30, 2028, including the revised salary schedule effective November 1, 2025, July 1, 2026, and July 1, 2027. After Council approval, staff will ensure the MOUs are properly cleaned up, and all technical corrections are made, including any remaining typos, fixing the table of contents, finalizing the documents for signature, and eventually posting online.

STAFF CONTACT:

Zach Harris, Human Resources Manager
650-339-3461
[email protected]
Yulia Carter, Assistant City Manager
650-501-6004
[email protected]
Marisol Gómez, Director of Finance and Administrative Services 650-501-0257
[email protected]
BACKGROUND / DISCUSSION:

The Fire Battalion Chiefs, IAFF Local 2400 Memorandum of Understanding is being presented to the Council for approval. The proposed MOU incorporates all terms and conditions included in the Tentative Agreement that was previously reviewed and approved by the City Council at its meeting on November 10, 2025. Approval of this item will formalize the negotiated agreement and authorize the implementation of the associated salary schedule framework as outlined in the attached documents.

The terms of the agreements for the Fire Battalion Chiefs, IAFF Local 2400 are listed below:

Fire Battalion Chiefs, IAFF Local 2400:

Fire Battalion Chiefs are 15% below market and consistent with the City’s public safety Framework, the City shall improve the salary schedule for all Fire Battalion Chiefs, IAFF Local 2400 bargaining unit classifications by four percent (4%) effective November 1, 2025, and July 2 Packet Pg. 15
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1, 2026. The City shall improve the salary schedule for all Fire Battalion Chiefs, IAFF Local 2400 bargaining unit classifications by two percent (2%), and the maximum monthly salary range will be increased by seven percent (7%), effective July 1, 2027.

The salary schedule is consistent with the established Public Safety compensation framework and ensures that the compensation for the Fire Battalion Chiefs, IAFF Local 2400 remains aligned with market standards and equity among comparable public safety classifications.

ALTERNATIVE ACTION:

The City Council may choose not to approve the proposed Memoranda of Understanding (MOUs) at this time and may direct staff to return to the negotiating table to pursue additional modifications. However, because these agreements are the result of a meet-and-confer process conducted in good faith under the Meyers-Milias-Brown Act (MMBA), any material changes would require the agreement of the respective labor group(s) and may delay implementation.

RELATION TO CITY 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 2025-26 fiscal impact associated with the Fire Battalion Chiefs, IAFF Local 2400 is estimated to be approximately $73k. The second-year fiscal impact of the contract is estimated to be $135k. The third-year fiscal impact of the contract is estimated to be $180k.

The current FY 2025-26 Budget will be amended during the mid-year budget review to include this increased cost and corresponding salary savings for a net zero change across all affected funds. The following FY 2026-27 and FY 2027-28 budgets 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
ATTACHMENT LIST:

Fire Battalion Chiefs, IAFF Local 2400 Salary Schedule 25-26 (PDF) Fire Battalion Chiefs, IAFF Local 2400 Salary Schedule 26-27 (PDF) Fire Battalion Chiefs, IAFF Local 2400 Salary Schedule 27-28 (PDF) BC MOU Redline (DOCX)
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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND THE PACIFICA FIRE BATTALION CHIEFS, IAFF LOCAL 2400 FOR THE PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2028
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Pacifica Fire Battalion Chiefs, IAFF Local 2400 bargaining unit has ratified the Memorandum of Understanding; and
WHEREAS, said Memorandum of Understanding, as ratified by the Pacifica Fire Battalion Chiefs, IAFF Local 2400 and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for Pacifica Fire Battalion Chiefs, IAFF Local 2400; and WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Pacifica Fire Battalion Chiefs, IAFF Local 2400, copy attached (ATTACHMENT 4), are hereby authorized for the period of July 1, 2025, through June 30, 2028;
BE IT FURTHER RESOLVED, that in accordance with California Government code 570.5(a), the salary schedules listed under Appendix A1, A2, and A3 of the Memorandum of Understanding are approved and adopted.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of November, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

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Attachment: Fire Battalion Chiefs, IAFF Local 2400 Salary Schedule 25-26 (6091 : IAFF BC MOU 2025-2028) Minimum Monthly
Salary
Maximum Monthly
Salary
$14,006 $16,270
Degree 3.50%
Education 5.00%
EMT 5.50%
Holiday 7.50%
Appendix A-2
Effective July 2026 Battalion Chiefs Salary Schedule (FY2026-27) Incentive Pays not included in the Base

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Attachment: Fire Battalion Chiefs, IAFF Local 2400 Salary Schedule 26-27 (6091 : IAFF BC MOU 2025-2028) Minimum Monthly
Salary
Maximum Monthly
Salary
$14,286 $17,409
Degree 3.50%
Education 5.00%
EMT 5.50%
Holiday 7.50%
Appendix A-3
Effective July 2027 Battalion Chiefs Salary Schedule (FY2027-28) Incentive Pays not included in the Base

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Attachment: Fire Battalion Chiefs, IAFF Local 2400 Salary Schedule 27-28 (6091 : IAFF BC MOU 2025-2028) 4907-9740-7611 v1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF PACIFICA
AND
PACIFICA BATTALION CHIEFS IAFF, LOCAL 2400
July 1, 2023 2025 Through June 30, 20252028

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TABLE OF CONTENTS
Page
SECTION 1. RECOGNITION .............................................................................................................. 1

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 Development of Law..................................................................................................... 3

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

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 2025-2026 Salary Schedule ....................................................................... 5

5.3 Fiscal Year 2026-2027 Salary Schedule ....................................................................... 6

5.4 Fiscal Year 2027-2028 Salary Range Increase and General Wage Increase ................ 6

5.5 Salary Schedule Regulations....................................................................................... 76

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

5.7 Conversion of Rates...................................................................................................... 7

5.8 Pay Days ....................................................................................................................... 7

5.9 Salary Step Increases .................................................................................................... 7

5.10 Assignment of Salary by City Manager or Designee.................................................. 87

5.11 Exceptional Contribution Adjustment ........................................................................ 87

5.12 Salary upon Transfer or Promotion............................................................................... 8

5.13 Educational Incentive Programs ................................................................................... 8

5.14 EMT Certificate Pay ................................................................................................. 109

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5.15 Strike Team Leader Engine (STEN) Premium Pay ..................................................109

5.16 Forty Hour Per Week (4 days X 10 hours) Work Schedule Differential Pay ...........109

5.17 401(a)(h) Plan - City Contribution............................................................................109 SECTION 6. ANNIVERSARY DATE................................................................................................ 10 SECTION 7. DAYS AND HOURS OF WORK .............................................................................. 1110

7.1 40-Hour-Battalion Chief Forty Hour Per Week (4 days X 10 hours per day) Work Schedule ........................................................................................................ 1110

7.2 56-Hour Battalion Chief Work Schedule................................................................. 1110

7.3 Starting Time for 56-Hour Battalion Chief............................................................. 1110 SECTION 8. OVERTIME ...............................................................................................................1110

8.1 Authorization ..........................................................................................................1110

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

8.3 Call Back.................................................................................................................1312 SECTION 9. LAYOFF/REINSTATEMENT FOLLOWING VOLUNTARY RESIGNATION ................................................................................................................................. 1312

9.1 Layoff/Reduction of Force Within a Specific Classification.................................. 1312

9.2 Reinstatement Following Voluntary Resignation ...................................................1312 SECTION 10. HOLIDAYS.................................................................................................................. 13

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

10.2 Holidays Falling on Saturday for the 40-Hour Battalion Chief.............................. 1413

10.3 Holidays Falling on a Sunday for the 40-Hour Battalion Chief ............................. 1413

10.4 Holidays Falling on a 40-Hour Battalion Chief's Day Off...................................... 1413

10.5 56-Hour Battalion Chief ......................................................................................... 1413 SECTION 11. VACATIONS............................................................................................................... 14

11.1 Eligibility ................................................................................................................1514

11.2 Vacation Earned And Accrued ...............................................................................1514

11.3 Time Charged .........................................................................................................1615

11.4 Vacation Credits Advance ...................................................................................... 1615

11.5 Vacation Scheduling & Accumulation ...................................................................1615

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

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

11.8 Return of Vacation.................................................................................................. 1716 SECTION 12. ANNUAL EARNED SICK LEAVE ........................................................................ 1716

12.1 Sick Leave Accrual ................................................................................................. 1716

12.2 Usage....................................................................................................................... 1716

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12.3 Incapacity to Perform Duties ..................................................................................1817

12.4 Sick Leave Accrual................................................................................................. 1817

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

12.6 Sick Leave at Termination .......................................................................................... 18 SECTION 13. LEAVES OF ABSENCE.......................................................................................... 1918

13.1 Family Illness Leave ............................................................................................... 1918

13.2 Jury Duty.................................................................................................................1918

13.3 Military Leave.........................................................................................................1918

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

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

13.6 Bereavement Leave................................................................................................. 2019

13.7 Absence Without Official Leave.............................................................................2019

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

13.9 Family Care and Medical Leave .............................................................................2120

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

14.1 Medical Insurance - City Contributions ...................................................................... 26

14.2 Dental, Orthodontia, and Vision .............................................................................2827

14.3 Life and Disability Insurance...................................................................................2928

14.4 Domestic Partners Health Benefits..........................................................................2928

14.5 Coverage During Unpaid Leave .............................................................................. 2928

14.6 Medical Flexible Spending Account........................................................................ 2928

14.7 Dependent Care Flexible Spending Account ........................................................... 2928

14.8 Extended Medical, Dental, Prescription Drugs for Battalion Chiefs Unit Members..................................................................................................................3029

14.9 Commuter Assistance Account.............................................................................. 3029

14.10 Participation in Tax-Sheltered Annuities............................................................... 3029 SECTION 15. UNIFORMS .............................................................................................................3029 SECTION 16. PROBATIONARY PERIOD...................................................................................3130

16.1 Duration ..................................................................................................................3130

16.2 Time Credited .........................................................................................................3130

16.3 Regular Status.........................................................................................................3130

16.4 Layoff...................................................................................................................... 3130

16.5 Transfer...................................................................................................................3130

16.6 Probationary Unit Represented Employees ............................................................ 3130

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SECTION 17. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE ............................... 3231 SECTION 18. GRIEVANCES.........................................................................................................3231

18.1 Definition ................................................................................................................3231

18.2 Procedure ................................................................................................................3231

18.3 No Change to Memorandum ...................................................................................3332

18.4 Demotion, Suspension and Dismissal Grievances..................................................3332

18.5 Compensation Complaints....................................................................................... 3433

18.6 Mutual Agreement on Changes ...............................................................................3433

18.7 No Strike .................................................................................................................3433 SECTION 19. SECTION 19. PROMOTIONAL TEST SCORES...................................................3433 SECTION 20. RETIREMENT PLAN ............................................................................................. 3433

20.1 City's Contract with CalPERS .................................................................................3433

20.2 CalPERS Election about Battalion Chiefs Unit Represented Employee 's Payment of City's Pension Costs.............................................................................3534

20.3 BattalionChiefs UnitRepresented Employee 's Payment ofCity's Pension Costs ................................................................................................................................. 3534

20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees in Battalion Chiefs Hired On or After January 1, 2013....................... 3635

20.6 Implementation of Internal Revenue Code Section 414(h)(2) ................................ 3736

20.7 Definition of Status Quo Ante..................................................................................3736 SECTION 21. TRANSITIONAL WORK........................................................................................ 3736 SECTION 22. COMMON MESS ....................................................................................................3837 SECTION 23. SEPARABILITY OF PROVISIONS ....................................................................... 3837 SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING .............................................................................................. 3837 SECTION 25. TERM OF AGREEMENT........................................................................................ 3837 SECTION 26. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF
UNDERSTANDING............................................................................................... 3837 SECTION 1. RECOGNITION .............................................................................................................. 1

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

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

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

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

2.4 Development of Law..................................................................................................... 3

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

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 2023-2024 Salary Schedule ....................................................................... 5

5.3 Fiscal Year 2024-2025 Salary Schedule ....................................................................... 5

5.4 Salary Schedule Regulations......................................................................................... 6

5.5 Salary for New Battalion Chief Employees.................................................................. 6

5.6 Conversion of Rates...................................................................................................... 6

5.7 Pay Days ....................................................................................................................... 6

5.8 Salary Step Increases .................................................................................................... 7

5.9 Assignment of Salary by City Manager or Designee.................................................... 7

5.10 Exceptional Contribution Adjustment .......................................................................... 7

5.11 Salary upon Transfer or Promotion............................................................................... 7

5.12 Educational Incentive Programs ................................................................................... 7

5.13 EMT Certificate Pay ..................................................................................................... 9

5.14 Strike Team Leader Engine (STEN) Premium Pay ...................................................... 9

5.15 Forty Hour Per Week (4 days X 10 hours) Work Schedule Differential Pay ............... 9

5.16 401(a)(h) Plan - City Contribution................................................................................ 9 SECTION 6. ANNIVERSARY DATE ................................................................................................. 9 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.................................................................... 10

7.3 Starting Time for 56-Hour Battalion Chief................................................................. 10

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SECTION 8. OVERTIME...................................................................................................................10

8.1 Authorization .............................................................................................................. 10

8.2 Definition ....................................................................................................................10

8.3 Call Back.....................................................................................................................11 SECTION 9. LAYOFF/REINSTATEMENT FOLLOWING VOLUNTARY RESIGNATION ..................................................................................................................................... 11

9.1 Layoff/Reduction of Force Within a Specific Classification...................................... 11

9.2 Reinstatement Following Voluntary Resignation ....................................................... 11 SECTION 10. HOLIDAYS ................................................................................................................. 12

10.1 Authorized Holidays................................................................................................... 12

10.2 Holidays Falling on Saturday for the 40-Hour Battalion Chief.................................. 12

10.3 Holidays Falling on a Sunday for the 40-Hour Battalion Chief ................................. 12

10.4 Holidays Falling on a 40-Hour Battalion Chief's Day Off.......................................... 12

10.5 56-Hour Battalion Chief ............................................................................................. 12 SECTION 11. VACATIONS............................................................................................................... 13

11.1 Eligibility ....................................................................................................................13

11.2 Vacation Earned And Accrued ...................................................................................13

11.3 Time Charged.............................................................................................................. 14

11.4 Vacation Credits Advance .......................................................................................... 14

11.5 Vacation Scheduling & Accumulation ....................................................................... 14

11.6 Sick Leave During Vacation....................................................................................... 14

11.7 Separation from Service.............................................................................................. 15

11.8 Return of Vacation...................................................................................................... 15 SECTION 12. ANNUAL EARNED SICK LEAVE ........................................................................... 15

12.1 Sick Leave Accrual..................................................................................................... 15

12.2 Usage........................................................................................................................... 15

12.3 Incapacity to Perform Duties...................................................................................... 16

12.4 Sick Leave Accrual..................................................................................................... 16

12.5 Sick Leave at Retirement ............................................................................................ 17

12.6 Sick Leave at Termination .......................................................................................... 17 SECTION 13. LEAVES OF ABSENCE............................................................................................. 17

13.1 Family Illness Leave ................................................................................................... 17

13.2 Jury Duty.....................................................................................................................17

13.3 Military Leave.............................................................................................................17

13.4 Campaign Leave ......................................................................................................... 18

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13.5 Leave of Absence Without Pay...................................................................................18

13.6 Bereavement Leave..................................................................................................... 18

13.7 Absence Without Official Leave................................................................................. 18

13.8 Disability Leave With Pay .......................................................................................... 18

13.9 Family Care and Medical Leave ................................................................................. 19

13.10 Pregnancy Disability Leave ........................................................................................ 24 SECTION 14. HEALTH AND WELFARE ........................................................................................ 25

14.1 Medical Insurance - City Contributions...................................................................... 25

14.2 Dental, Orthodontia, and Vision ................................................................................. 26

14.3 Life and Disability Insurance...................................................................................... 27

14.4 Domestic Partners Health Benefits.............................................................................27

14.5 Coverage During Unpaid Leave ................................................................................. 27

14.6 Medical Flexible Spending Account........................................................................... 27

14.7 Dependent Care Flexible Spending Account.............................................................. 27

14.8 Extended Medical, Dental, Prescription Drugs for Battalion Chiefs Unit Members .....................................................................................................................28

14.9 Commuter Assistance Account...................................................................................28

14.10 Participation in Tax-Sheltered Annuities.................................................................... 28 SECTION 15. UNIFORMS................................................................................................................. 28 SECTION 16. PROBATIONARY PERIOD....................................................................................... 29

16.1 Duration ...................................................................................................................... 29

16.2 Time Credited .............................................................................................................29

16.3 Regular Status.............................................................................................................29

16.4 Layoff.......................................................................................................................... 29

16.5 Transfer....................................................................................................................... 29

16.6 Probationary Unit Represented Employees ................................................................ 29 SECTION 17. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE................................... 30 SECTION 18. GRIEVANCES ............................................................................................................ 30

18.1 Definition ....................................................................................................................30

18.2 Procedure ....................................................................................................................30

18.3 No Change to Memorandum....................................................................................... 31

18.4 Demotion, Suspension and Dismissal Grievances...................................................... 31

18.5 Compensation Complaints.......................................................................................... 32

18.6 Mutual Agreement on Changes...................................................................................32

18.7 No Strike .....................................................................................................................32

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SECTION 19. SECTION 19. PROMOTIONAL TEST SCORES ...................................................... 32 SECTION 20. RETIREMENT PLAN................................................................................................. 32

20.1 City's Contract with CalPERS ....................................................................................32

20.2 CalPERS Election about Battalion Chiefs Unit Represented Employee 's Payment of City's Pension Costs................................................................................. 33

20.3 Battalion Chiefs Unit Represented Employee 's Payment of City's Pension Costs............................................................................................................................ 33

20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees in Battalion Chiefs Hired On or After January 1, 2013 ........................... 34

20.6 Implementation of Internal Revenue Code Section 414(h)(2).................................... 35

20.7 Definition of Status Quo Ante ....................................................................................35 SECTION 21. TRANSITIONAL WORK ........................................................................................... 35 SECTION 22. COMMON MESS........................................................................................................ 36 SECTION 23. SEPARABILITY OF PROVISIONS........................................................................... 36 SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING .................................................................................................. 36 SECTION 25. TERM OF AGREEMENT........................................................................................... 36 SECTION 26. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF
UNDERSTANDING .................................................................................................. 36

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Attachment: BC MOU Redline (6091 : IAFF BC MOU 2025-2028) 4907-9740-7611 v1 1

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 recommendations of the undersigned for salary and benefit adjustments for the period commencing the date the City Council approves this MOU through June 30, 20252028.

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, is the representative of the City of Pacifica, hereinafter referred to as the "City" in employer-employee relations as provided in Resolution No. 29-84 adopted by the City Council on April 23, 1984.

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SECTION 2. ORGANIZATION SECURITY

2.1 Dues Deduction
The City shall rely on a w1itten written ce1tification 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.

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 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.

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, 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.

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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 thissection 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.l2.

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 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 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)7928.300:
• 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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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 ofthe Union. TheCity 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 asmuch advance notice as reasonably possible of theorientation 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. 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.

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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 20232025-2024 2026 Salary Schedule
Effective July 1, 2023the first full pay period following City Council approval of this MOU, the City shall provide each classification the General Wage Increase to Salary Schedule pursuant to the following chart and as reflected in the 2025-2026 salary schedule set forth in Appendix [#A1]:improve the base salary schedule for all Battalion Chiefs bargaining unit classifications by two percent (2.0%) over the 2022-2023 salary schedule set forth in Appendix A-1 for Battalion Chiefs bargaining unit represented employees in active, paid status on the effective date.

Above Market Classification General Wage Increase
+0% 1%
Below Market Classification General Wage Increase
0-5% 1.5%
-5-10% 2%
-10-15% 3%
15-20% Battalion Chiefs 4%

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+20%+ 5%
+25% 6%
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 20242026-2025 2027 Salary Schedule
Effective July 1, 20242026, the City shall improve the base salary schedule for all Battalion Chiefs bargaining unit classifications set forth in Appendix A by two percent (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.provide each classification the following General Wage Increase to Salary Schedule.

Above Market Classification General Wage Increase
+0% 1%
Below Market Classification General Wage Increase
0-5% 1.5%
-5-10% 2%
-10-15% 3%
15-20% Battalion Chiefs 4%
+20%+ 5%
+25% 6%
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 the 2024-2025 equity adjustment and shall be titled "Fiscal Year 2024-2025 Battalion Chiefs Salary Schedule" and shall be attached to this Agreement as Appendix A-3.

After July 1, 2026, the parties agree to meet and discuss viable ways in which to reduce the amount of overtime worked by employees associated with this bargaining group.

5.4 Fiscal Year 2027-2028 Salary Range Increase and General Wage Increase Effective the first full pay period in July 2027, the minimum salary range will be increased by 2% and the maximum monthly salary range will be increased by 7%.

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Effective the first full pay period in July 2027, bargaining unit members will receive a general wage increase of 2% and an additional general wage increase of 5% effect on their merit date.

5.45.5 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.

5.55.6 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.

5.65.7 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.

5.75.8 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.

5.85.9 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

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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 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.

5.95.10Assignment of Salary by City Manager or Designee Ifthe 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.

5.105.11 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.

5.115.12 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 lessthan 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.

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

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5.12.15.13.1 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.

5.12.25.13.2 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.

5.12.35.13.3 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"

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grade. Upon leaving City employment, a unit represented employee is not required to refund any such reimbursement to the City.

5.135.14 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.

5.145.15 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).

5.155.16 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.

5.165.17 401(a)(h) Plan - City Contribution
Each pay period, theCity 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.

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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.

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
A. Contractual Overtime
Any authorized time actually worked under proper authorization or suffered to be worked in excess of the unit represented employee's regular workweeknumber of hours normally scheduled shall be considered designated as overtime and shall be compensable compensated at the rate of one and one-half (1-1/2) times the unit represented employee's regular straight-time rate of pay Contractual Overtime Rate. The term time worked shall be in accordance with the definition contained in the Fair Labor Standards ActContractual Overtime shall only include the base hourly rate as outlined in Section 5.1. It shall not

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include Holiday Pay, Education Pay, or any other pay unless duly negotiated during future contracts. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the unit represented employee. Such overtime compensation pay may 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 accruesin excess of one- hundred twelve and twenty (112120) hoursmust be liquidated by monetary payment. Unit represented employees who te1minate employment shall be paid for all compensatory time off accrued.

City agrees to continue the practice of allowing employees to trade work schedules, subject to the provisions of the Fair Labor Standards Act (FLSA) including 29 U.S.C. Section 207(p)(3), 29 C.F.R. Section 553.31, and the current MOU. Disputes regarding the impact of a trade or trades upon hours worked shall be resolved by reference to the records maintained by Department payroll.
29 U.S.C. Section 207(p)(3) states “If an individual who is employed in any capacity by a public agency which is a State, political subdivision of a State, or an interstate governmental agency, agrees, with the approval of the public agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such employee worked as a substitute shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section.” B. FLSA Overtime
The Union and the City agree that the City has adopted a 7(k) exemption pursuant to the FLSA with a 24 work day period (182 hours). Except as otherwise specified in the 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). This includes inter alia, Education Incentives, Holiday Pay, Health/Cash in Lieu, Out of Class Pay. Any authorized time actually worked in excess of 182 hours 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 in accordance with the FLSA..

The term time worked shall be in accordance with the definition contained in the Fair Labor Standards Act—"to suffer or permit to work.” However, City will count time coded as Compensatory Time Off (“CTO”) as time toward FLSA overtime. Any other time in paid status, including but not limited to sick leave, vacation days, administrative leave or any other non-working paid status shall not count toward FLSA overtime. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the unit represented employee.

Such overtime compensation may 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 onehundred and twenty (120) hours must be liquidated by monetary payment. Unit represented employees who terminate employment shall be paid for all compensatory time off accrued.

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8.3 Call Back
When the Fire Chief or Fire Chiefs designee calls a unit represented employee back to work afterthe 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 FOLLOWING VOLUNTARY

RESIGNATION

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/herseniority earned prior to resignation shall not be restored. Re-employment listsshall take precedence over requests for reinstatement.

SECTION 10. HOLIDAYS

10.1 Authorized Holidays
The holidays in this City are:
(1) January 1
st (New Year's Day)
(2) Third Monday in January (Martin Luther King,Jr.'s Birthday) (3) Third Monday in February (President's Day)

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(4) Last Monday in May (Memorial Day)
(5) July 4
th (Independence Day)
(6) First Monday in September (Labor Day)
(7) November 11th (Veterans Day)
(8) Fourth Thursday in November (Thanksgiving Day)
(9) Fourth Friday in November (Friday after Thanksgiving Day) (10) December 24th (Christmas Eve Day)
(11) December 25th (Christmas Day)
(12) June 14th (Flag Day)
(13) October 12th (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 an 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 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

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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 Chiefshall be credited with vacation shiftsfrom 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 yearshall 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
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 yearshall be defined as the period of one (1) year from the anniversary date of such appointment by the City.

Years of City Service Shifts Per Year

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1st Year - 3rd Year of Service 6
4th Year - 11th Year of Service 8
12th Year – 19th Year of Service 10
20th – 24th Year of Service 11
25th Year of Service and above 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 ofservice 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 shallreimburse 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 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.

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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 illnessleave, 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 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.

12.2.2 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.

12.2.3 For unit represented employee s 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.

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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 sshall 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 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-Tenn 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

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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.

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.

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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 ofthe 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, step-children, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship.

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 forsuch 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

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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) workday's 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 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

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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 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).

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

13.9.4 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 serious injury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the service member.

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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.

13.9.5 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 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 theCity of the reasonsfor the leave, the anticipated duration of the leave and the anticipated start of the leave.

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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 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 inte4mittently 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

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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 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)

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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.

13.10.2 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

14.1 MedicalInsurance - City Contributions
Effective July 1, 20251, and continuing for the 20262 and 20273 calendar years, the City will contribute up to the following maximum amounts per month toward the cost of health

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benefits for each full-time Battalion Chiefs unit represented employee. For the purpose of this Health and Welfare Section, "full-time" means the Battalion Chiefs unit represented employee is assigned to a classification requiring the unit represented 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
January 1, 2023
Effective
January 1, 2024
6% Increase
Effective
January 1, 2025
6% Potential Increase
(unknown at this
time)
Employee Only $913.16 $967.95 $1,026.03
Employee + 1 $1,769.69 $1,875.87 $1,988.42
Employee + 2 or
more
$2,300.61 $2,438.65 $2,584.97
In no event during this twothree-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

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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 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
The City 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.

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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.

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.

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. Battalion Chiefs unit represented employees may have funds deducted pre-tax from the unit represented employee's

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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 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 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.

TheCity 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.

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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.

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

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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, 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 forsuch 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.

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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 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 I IAFF, 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.

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 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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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. 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. 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.

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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.

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.

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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 afterJanuary 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).

20.5.1 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 20.5.

20.5.2 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

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the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

20.5.3 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.

20.5.4 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 as the current language of Section

20. 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.

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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 as specifically described in any article, and shall remain in full force and effect up to and including June 30, 20232028.

SECTION 26. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF

UNDERSTANDING
No later than March 31, 20283, the City and the Pacifica Battalion Chiefs IAFF, Local 2400 shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.

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Made and entered into this------
FOR TEAMSTERS LOCAL UNION No. 856
By _______________________________
Tim CantillionJon Crawford, Lead
Negotiator
Goyette & Assoc.

By _______________________________
Kevin Woodhouse
City Manager
By _______________________________
William AmableJeremey Stafford,
Battalion Chief
By _______________________________
Yulia Carter
Assistant City Manager
By _______________________________
Ryan Frederick, Battalion Chief
By _______________________________
Timothy L. Davis, Lead Negotiator
Burke, William & Sorensen, LLP
By _______________________________
John Wurdinger, President
IAFF Local 2400
Approved as to form:

By _______________________________
Michelle Marchetta Kenyon
City Attorney

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APPENDIX A-1

BATTALION CHIEFS SALARY SCHEDULE
2020-2021 Monthly Salary Range (Effective July 4, 2020) $10,965 - $12,738

THIS SCHEDULE NEEDS TO BE UPDATED

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APPENDIX A-2

BATTALION CHIEFS SALARY SCHEDULE
2023-2024 Monthly Salary Range
(Effective July 1, 2023; reflects 2% salary increase plus a 1% equity adjustment over FY2023-24)
Minimum Monthly Salary Maximum Monthly Salary
$12,451 $14,464

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APPENDIX A-3

BATTALION CHIEFS SALARY SCHEDULE
2024-2025 Monthly Salary Range
(Effective July 1, 2024; reflects 3% salary increase)
Minimum Monthly Salary Maximum Monthly Salary
$12,700 $14,753
Note: Prior t April 2024, the City and Union shall Meet and Confer in accordance with the MMBA over equity adjustments to go into reflect on July 1, 2024 for Battalion Chiefs based upon year one equity adjustments and a completed Classification/Compensation Study.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:

Resolution approving the Memorandum of Understanding between the City of Pacifica and the Management Unit, Teamsters Local 350 for the period of July 1, 2025 through June 30, 2028.

RECOMMENDED ACTION:

Adopt the resolution approving the Memorandum of Understanding between the City of Pacifica and the Management Unit, Teamsters Local 350; for the period of July 1, 2025, through June 30, 2028, including the revised salary schedule effective November 1, 2025, July 1, 2026, and July 1, 2027. 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:

Zach Harris, Human Resources Manager
650-339-3461
[email protected] <mailto:[email protected]>
Yulia Carter, Assistant City Manager
650-501-6004
[email protected]
Marisol Gómez, Director of Finance and Administrative Services 650-501-0257
[email protected] <mailto:[email protected]>
BACKGROUND / DISCUSSION:

Compensation Framework
The Council reaffirmed its commitment to addressing compensation issues through the adopted Strategic Plan, specifically Strategic Goal #1: Enhance Organizational and Fiscal Stability. The Council authorized the City's management team to pursue labor agreements that include targeted equity adjustments for classifications more than 5% below market, in addition to costof-living adjustments (COLA) for all classifications to help improve market placement for those severely below market and maintain market alignment where it already exists. Per Council’s direction, this strategy places particular emphasis on public safety classifications, which play a critical role in protecting the community and ensuring the continuity of essential emergency and safety services.

While the current labor package reflects the City's best efforts within limited fiscal constraints, it is not sufficient on its own to fully address the City’s market competitiveness. Looking ahead, the labor market is expected to remain a significant challenge in the coming years. Continued 3 Packet Pg. 73
Pacifica City Council 2
November 24, 2025
progress will require not only sustained investments in the workforce but also strategic revenue enhancement to provide the resources necessary to improve market placement and maintain service delivery. Without additional ongoing revenue, the City’s ability to attract, retain, and support a high-performing workforce, and deliver critical services to the community, will remain at risk.

The Management Unit, Teamsters Local 350 tentative agreement provides an equity adjustment in years one and two, and an annual COLA wage increase in year three, specified below, and the continuation of the city contribution towards the deferred compensation plan that was set to expire on June 30, 2025.

In addition, a structured equity adjustment was proposed as a Citywide framework to gradually bring all City classifications to market over time, consistent with the City’s previously adopted compensation philosophy. Under the proposed framework, members whose salaries were more than 5% below market, would receive an equity adjustment outlined in the table below, and would additionally receive a one percent (1%) COLA increase for FY 2025-26, and FY 2026-27.

Members who are over the 5% below market threshold would receive a one and a half percent (1.5%) COLA increase for FY 2025-26, and FY 2026-27. Members who are in the 20% below market range would receive a two percent (2%) COLA wage increase, plus a one-time additional step increase to their classification’s top step for a total of seven percent (7%) adjustment to top-step salary in the third year of the contract. Members in the 25+% below market range would receive a 2% COLA and two additional 5% step increases will be added to their classifications in year three, resulting in total 12% adjustment to top-step salary, subject to the standard 5% annual merit-based step progression.

These structured equity adjustments were proposed as a Citywide framework approach to all labor groups in order to gradually bring all City classifications to market over time, consistent with the previously developed compensation philosophy. They are tied directly to how far below market each classification currently falls, based on data from the Citywide Total Compensation Survey conducted by an independent classification and compensation consulting firm.

The equity adjustments range from 1% to 5% in years 1-2 of the contract, and COLA are outlined in the table below:

In year 3, all employees receive a 3% COLA adjustment, except for those classifications eligible for extra steps based on their current market placement. Those classes will receive 2% COLA in the third year of the contract
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compared peer agencies, and limited revenue sources to fund critical services, infrastructure and other capital needs, this labor package represents a significant and strategic Council investment in the City workforce. It reflects the Council’s strong commitment to maintaining high-quality municipal services by supporting City staff, even within a constrained fiscal environment, as a key priority for long-term organizational stability.

The terms of the agreements for the Management Unit, Teamsters Local 350 are listed below:

Management Unit, Teamsters Local 350:

In FY 2025-26, and FY 2026-27, the Management Unit, Teamsters Local 350 job classifications that are less than 5% below market range will receive a one and a half percent (1.5%) equity wage increase. Job classifications in the 5-10% below market range will receive two percent (2%) equity wage increase. Job classifications in the 10.1-15% below market range will receive three percent (3%) equity wage increase. Job classifications in the 15.1-20% below market range will receive four percent (4%) equity wage increase. In FY 2027-28 all job classifications will receive a three percent (3%) COLA wage increase.

ALTERNATIVE ACTION:

RELATION TO CITY GOALS AND WORK PLAN:

FISCAL IMPACT:

The FY 2025-26 fiscal impact associated with the Management Unit, Teamsters Local 350 is estimated to be approximately $155k. The second year fiscal impact of the contract is estimated to be $162k. The third year fiscal impact of the contract is estimated to be $214k.

The current FY 2025-26 Budget will be amended during the mid-year budget review to include this increased cost and corresponding salary savings for a net zero change across all affected funds. The following FY 2026-27, and FY 2027-28 budgets 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
ATTACHMENT LIST:
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November 24, 2025
MGMT 350 Salary Schedule 25-26 (PDF)
MGMT 350 Salary Schedule 26-27 (PDF)
MGMT 350 Salary Schedule 27-28 (PDF)
350 MOU Redline (DOCX)
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Pacifica City Council 5
November 24, 2025
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND THE MANAGEMENT UNIT, TEAMSTERS LOCAL 350 FOR THE PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2028
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Management Unit, Teamsters Local 350 bargaining unit has ratified the Memorandum of Understanding; and WHEREAS, said Memorandum of Understanding, as ratified by the Management Unit, Teamsters Local 350 and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for the Management Unit, Teamsters Local 350; and WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Management Unit, Teamsters Local 350, copy attached (ATTACHMENT 4), are hereby authorized for the period of July 1, 2025, through June 30, 2028; BE IT FURTHER RESOLVED, that in accordance with California Government code 570.5(a), the salary schedules listed under Appendix B1, B2, and B3 of the Memorandum of Understanding are approved and adopted.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of November, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 3 Packet Pg. 77
Minimum Maximum
Associate Civil Engineer $ 11,621 9,910 $
Associate Planner $ 10,194 8,646 $
Engineering Manager $ 14,901 12,702 $
Field Services Manager $ 14,532 12,637 $
Information Systems and Technology Manager $ 14,796 11,932 $ Management Analyst I/II $ 11,015 8,739 $
Principal Civil Engineer $ 15,594 13,292 $
Project Manager $ 12,823 10,930 $
Public Works Superintendent $ 12,540 10,385 $
Recreation Manager $ 13,784 11,175 $
Recreation Supervisor $ 9,926 8,630 $
Senior Civil Engineer $ 13,721 11,696 $
Senior Code Enforcement Officer $ 10,496 8,653 $
Senior Planner $ 11,796 10,004 $
WWTP Assistant Collections System Manager $ 13,074 11,145 $ WWTP Assistant Plant Manager $ 13,074 11,145 $
WWTP Collections System Manager $ 14,618 12,461 $
WWTP Plant Manager $ 14,618 12,461 $
Minimum Maximum
Deputy Fire Chief $ 20,595 19,676 $
EMS Chief $ 18,903 13,174 $
2025-26 Monthly Salary Schedule
Teamsters Management Local 350 - Misc
Effective November 2025

1.5% - 4% Equity Increases
APPENDIX B-1

1.5% - 4% Equity Increases
Salary Range
Salary Range
2025-26 Monthly Salary Schedule
Teamsters Management Local 350 - Misc
Effective November 2025

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Attachment: MGMT 350 Salary Schedule 25-26 (6092 : Teamsters Management 350 MOU 2025-2028) Minimum Maximum
Associate Civil Engineer $ 11,970 10,207 $
Associate Planner $ 10,500 8,905 $
Engineering Manager $ 15,497 13,210 $
Field Services Manager $ 14,823 12,890 $
Information Systems and Technology Manager $ 15,388 12,410 $ Management Analyst I/II $ 11,180 8,870 $
Principal Civil Engineer $ 16,062 13,691 $
Project Manager $ 13,080 11,149 $
Public Works Superintendent $ 12,916 10,697 $
Recreation Manager $ 14,060 11,398 $
Recreation Supervisor $ 10,224 8,889 $
Senior Civil Engineer $ 14,133 12,047 $
Senior Code Enforcement Officer $ 10,706 8,826 $
Senior Planner $ 12,150 10,304 $
WWTP Assistant Collections System Manager $ 13,597 11,591 $ WWTP Assistant Plant Manager $ 13,597 11,591 $
WWTP Collections System Manager $ 15,203 12,960 $
WWTP Plant Manager $ 15,203 12,960 $
Minimum Maximum
Deputy Fire Chief $ 21,213 20,266 $
EMS Chief $ 19,471 13,569 $
Salary Range
Salary Range
2026-27 Monthly Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 2026

1.5% - 4% Equity Increases

1.5% - 4% Equity Increases
APPENDIX B-2
2026-27 Monthly Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 2026

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Attachment: MGMT 350 Salary Schedule 26-27 (6092 : Teamsters Management 350 MOU 2025-2028) Minimum Maximum
Associate Civil Engineer $ 12,329 10,514 $
Associate Planner $ 10,815 9,172 $
Engineering Manager $ 15,962 13,606 $
Field Services Manager $ 15,268 13,277 $
Information Systems and Technology Manager $ 15,850 12,782 $ Management Analyst I/II $ 11,516 9,136 $
Principal Civil Engineer $ 16,544 14,102 $
Project Manager $ 13,472 11,483 $
Public Works Superintendent $ 13,303 11,018 $
Recreation Manager $ 14,482 11,740 $
Recreation Supervisor $ 10,531 9,156 $
Senior Civil Engineer $ 14,557 12,409 $
Senior Code Enforcement Officer $ 11,027 9,090 $
Senior Planner $ 12,514 10,613 $
WWTP Assistant Collections System Manager $ 14,005 11,938 $ WWTP Assistant Plant Manager $ 14,005 11,938 $
WWTP Collections System Manager $ 15,659 13,349 $
WWTP Plant Manager $ 15,659 13,349 $
Minimum Maximum
Deputy Fire Chief $ 21,849 20,874 $
EMS Chief $ 20,055 13,976 $
Salary Range
Salary Range
2027-28 Monthly Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 2027
3% COLA Increase
3% COLA Increase
APPENDIX B-3
2027-28 Monthly Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 2027

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Attachment: MGMT 350 Salary Schedule 27-28 (6092 : Teamsters Management 350 MOU 2025-2028) 4935-3436-7098 v1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF PACIFICA
AND
MANAGEMENT EMPLOYEES TEAMSTERS LOCAL 350
JULY 1, 2023 2025 THROUGH JUNE 30, 20252028

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TABLE OF CONTENTS
Page
Section 1. Recognition .....................................................................................................................1

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

1.2 City Recognition ......................................................................................................1 Section 2. Organization Security......................................................................................................1

2.1 Dues Deduction........................................................................................................1 Section 3. City Rights.......................................................................................................................3 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 ........................................................................................4

5.3 Use of City Facilities................................................................................................4

5.4 Use of Bulletin Boards.............................................................................................4

5.5 Advance Notice ........................................................................................................4

5.6 Access to New Employee Orientation ......................................................................5 Section 6. Pay Plan ..........................................................................................................................6

6.1 Salary .......................................................................................................................6

6.1.1 2025-2026 Unit Represented Employees in Miscellaneous Classifications Salary Schedule............................................................ 6

6.1.2 2026-2027 Unit Represented Employees in Miscellaneous Classifications Salary Schedule ........................................................... 8

6.1.3 2027-2028 Unit Represented Employees in Miscellaneous Classifications....................................................................................... 9

6.1.4 9

6.2 Total Compensation Surveys..................................................................................10

6.3 Salary for New Employees.....................................................................................10

6.4 Pay Days................................................................................................................10

6.5 Salary Range and Evaluation.................................................................................10

6.6 Exceptional Contribution Adjustment ....................................................................11

6.7 Salary Upon Transfer or Promotion ......................................................................11

6.8 Work Out of Classification.....................................................................................11

6.9 Commercial Driver’s License Pay .........................................................................12 Section 7. Retirement .....................................................................................................................12

7.1 City's Contract with CalPERS ...............................................................................12

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7.2 Unit Represented Employee's Payment of City's Pension Costs (Applies to All Tiers) ................................................................................................................12

7.3 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)...................................................................................................13

7.3.1 2.5% at 55 Pension Formula .............................................................. 13

7.3.2 Final Compensation Based On 12-Month Period............................... 13

7.3.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 13

7.3.3.1. Miscellaneous bargaining unit represented employees covered by this Section 7.4 shall continue to pay,
through payroll deduction, the 8.0% member
contribution............................................................................ 13

7.3.3.2. Pension Cost Sharing............................................................. 13

7.4 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) ................................................................................................................................13

7.4.1 2% at 62 Pension Formula ................................................................. 14

7.4.2 Final Compensation Based On 36-Months......................................... 14

7.4.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 14

7.4.3.1. 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. .......................................................... 14

7.4.3.2. Pension Cost Sharing ............................................................. 14

7.5.1 3% at 55 Pension Formula ................................................................. 14

7.5.2 Final Compensation Based On Twelve Month Period....................... 14

7.5.3 Required Safety Bargaining Unit Represented Employee Contribution........................................................................................ 14

7.5.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 15

7.6 Safety Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013 ................................15

7.6.1 2%@50- 2.7% @57 Pension Formula ............................................ 15

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7.6.2 Final Compensation Based On Three Year Average.......................... 15

7.6.3 Required Unit Represented Employee Contribution ....................... 15

7.6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 15

7.7 Implementation of Internal Revenue Code Section 414(h)(2)................................16

7.8 PARS Plan For Unit Represented Employees Hired Before July 1, 2012.............16

7.9 Definition of Status Quo Ante ................................................................................16 Section 8. Anniversary Date ..........................................................................................................16 Section 9. Hours of Work ...............................................................................................................16

9.1 The regular workweek for full-time employees shall consist of forty (40) hours. .....................................................................................................................16 Section 10. Layoff...........................................................................................................................16 Section 11. Holidays and Vacations ..............................................................................................17

11.1 Authorized Holidays...............................................................................................17

11.1.1 Longevity/Holidays............................................................................ 18

11.2 Eligibility................................................................................................................18

11.3 Vacation Credits Accrual.......................................................................................18

11.4 Time Charged.........................................................................................................19

11.5 Vacation Credits Advance......................................................................................19

11.6 Vacation Scheduling and Accumulation ................................................................19

11.7 Sick Leave During Vacation ..................................................................................19

11.8 Return of Vacation .................................................................................................19

11.9 Separation from Service.........................................................................................20 Section 12. Sick Leave....................................................................................................................20

12.1 Sick Leave Plan......................................................................................................20

12.1.1 Accrual............................................................................................... 20

12.1.2 Usage.................................................................................................. 20

12.2 Incapacity to Perform Duties.................................................................................21

12.3 Sick Leave at Retirement........................................................................................21

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................................ 21

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. ............... 21

12.4 Sick Leave at Termination .....................................................................................21

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12.5 Catastrophic Illness or Injury Time Donation Program .......................................21

12.6 Family Illness Leave ..............................................................................................21

12.7 Family Care & Medical Leave ..............................................................................22

12.7.1 Eligibility ........................................................................................... 22

12.7.2 Family Care and Medical Leave Entitlement .................................... 22

12.7.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness................................ 23

12.7.4 Pay Status and Benefits...................................................................... 23

12.7.5 Relationship of Family Care and Medical Leave to Other Leaves................................................................................................ 23

12.7.6 Notice to the City............................................................................... 23

12.7.7 Medical Certification ......................................................................... 24

12.7.8 Minimum Duration of Leave ............................................................. 24

12.7.9 Dual Parent Employment................................................................... 25

12.7.10 Employee's Status on Returning from Leave..................................... 25

12.8 Pregnancy Disability Leave ...................................................................................25

12.8.1 Notice to City ..................................................................................... 25

12.8.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave.................................................................................................. 25

12.8.3 Health and Welfare Benefits.............................................................. 26

12.8.4 Employee Status................................................................................. 26

12.8.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves..................................................................................... 26

12.9 Jury Duty................................................................................................................26

12.10 Military Leave26

12.11 Campaign Leave ....................................................................................................26

12.12 Leave of Absence Without Pay ...............................................................................27

12.13 Bereavement Leave................................................................................................27

12.13.1 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............................................................... 27

12.13.2 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..................................... 27

12.14 Absence Without Official Leave .............................................................................27

12.15 Administrative Leave for Unit Represented Employees.......................................28

12.16 Catastrophic Illness or Injury Time Donation Program........................................28

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12.17 Industrial Disability Leave With Pay .....................................................................28 Section 13. Health and Welfare......................................................................................................28

13.1 Medical Insurance - City Contributions................................................................28

13.1.1 Health Insurance Premiums .............................................................. 29

13.1.2 Additional Premium Contributions for Unit Represented Employees Electing the Teamsters 856 Offered Medical
Plan/or the MOU Period Only......................................................... 30

13.1.3 Eligibility ........................................................................................... 30

13.1.4 Health In-Lieu Payment Plan ............................................................. 31

13.2 Dental, Orthodontia, and Vision ............................................................................31

13.2.1 Teamsters 856 Dental, Orthodontia, and Vision ................................ 31

13.2.2 City of Pacifica Self-Funded Dental Plan........................................... 31

13.2.3 City of Pacifica VSP Vision Plan....................................................... 31

13.3 Life and Disability Insurance.................................................................................31

13.3.1 Life Insurance .................................................................................... 32

13.3.2 Long-Term Disability Plan................................................................. 32

13.4 Domestic Partners Health Benefits........................................................................32

13.5 Coverage During Unpaid Leave ............................................................................32

13.6 Medical Flexible Spending Account.......................................................................32

13.7 Dependent Care Flexible Spending Account..........................................................32

13.8 Commuter Assistance Account...............................................................................32

13.9 Participation in Tax-Sheltered Annuities...............................................................33

13.10 Participation in IRS 457 Deferred Compensation Plan.........................................33 Section 14. Vehicle Use..................................................................................................................33

14.1 Reimbursement for Use of Private Vehicles...........................................................33

14.2 Use of City Pool, Specially Equipped, or Public Safety Vehicle............................34

14.3 No Car Allowance..................................................................................................34 Section 15. Uniform Allowance .....................................................................................................34

15.1 General Provisions................................................................................................34

15.2 Fire Department Uniforms....................................................................................35

15.3 Public Works Department & WWTP Uniforms......................................................35

15.4 WWTP Unit Represented Employees......................................................................35 Section 16. Tuition Reimbursement ...............................................................................................35 Section 17. Labor Management Committee ...................................................................................36 Section 18. Probationary Period ...................................................................................................36

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18.1 Duration.................................................................................................................36

18.2 Termination............................................................................................................36

18.3 Regular Status........................................................................................................36

18.4 Layoff .....................................................................................................................36

18.5 Transfer..................................................................................................................36

18.6 Promotions.............................................................................................................37 Section 19. Dismissal, Suspension or Demotion for Cause............................................................37 Section 20. Grievances...................................................................................................................37

20.1 Definition ...............................................................................................................37

20.2 Procedure...............................................................................................................37

20.3 No Change to Memorandum ..................................................................................38

20.4 Demotion, Suspension and Dismissal Grievances..................................................39

20.4.1 Letters of Reprimands........................................................................ 39

20.5 Compensation Complaints.....................................................................................39

20.6 Mutual Agreement on Changes..............................................................................39 Section 21. Separability of Provisions ...........................................................................................39 Section 22. Contracting Out...........................................................................................................39 Section 23. No Strike......................................................................................................................40 Section 24. Past Practices and Existing Memoranda of Understanding........................................40

24.1 Continuance ofworking conditions and practices notspecifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. ...........................................................................40

24.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union............................40

24.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from adjustment Board or arbitration proceedings under Section 22)will be recognized unless agreed to by the City Manager and the Teamsters Local 350, provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language. ........................................................................................40

24.4 All existing side letters that are not incorporated into this memorandum of Understanding shall terminate on the effective date of this Memorandum...........40 Section 25. Additional Provisions..................................................................................................40

25.1 Term of Agreement.................................................................................................40

25.2 Negotiations for a Successor Memorandum of Understanding .............................40 Section 1. Recognition .....................................................................................................................1

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

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1.2 City Recognition.......................................................................................................1 Section 2. Organization Security .....................................................................................................1

2.1 Dues Deduction........................................................................................................1 Section 3. City Rights.......................................................................................................................3 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........................................................................................4

5.3 Use of City Facilities ...............................................................................................4

5.4 Use of Bulletin Boards.............................................................................................4

5.5 Advance Notice ........................................................................................................4

5.6 Access to New Employee Orientation......................................................................5 Section 6. Pay Plan..........................................................................................................................6

6.1 Salary .......................................................................................................................6

6.1.1 2023-2024 Unit Represented Employees in Miscellaneous Classifications Salary Schedule ........................................................... 6

6.1.2 2024-2025 Unit Represented Employees in Miscellaneous Classifications Salary Schedule ........................................................... 7

6.1.3 2023-2024 Safety Unit Represented Employees in Safety Classifications Salary Schedule ........................................................... 7

6.1.4 2024-2025 Unit Represented Employees in Safety
Classifications Salary Schedule ........................................................... 8

6.2 Total Compensation Surveys....................................................................................8

6.3 Salary for New Employees.......................................................................................8

6.4 Pay Days..................................................................................................................9

6.5 Salary Range and Evaluation ..................................................................................9

6.6 Exceptional Contribution Adjustment......................................................................9

6.7 Salary Upon Transfer or Promotion......................................................................10

6.8 Work Out of Classification.....................................................................................10

6.9 Commercial Driver’s License Pay.........................................................................10 Section 7. Retirement .....................................................................................................................10

7.1 City's Contract with CalPERS ...............................................................................10

7.3 Miscellaneous Tier One: 2.5% at 55 Retirement Program - Miscellaneous Bargaining Unit Represented Employees Hired On or Before December 31,

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2012 and Unit Represented Employees Qualified for Reciprocity (Classic Member).................................................................................................................11

7.3.1 2.5% at 55 Pension Formula .............................................................. 11

7.3.2 Final Compensation Based On 12-Month Period .............................. 11

7.3.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 11

7.3.3.2. Pension Cost Sharing............................................................. 12

7.4.1 2% at 62 Pension Formula ................................................................. 12

7.4.2 Final Compensation Based On 36-Months........................................ 12

7.4.3 Required Bargaining Unit Represented Employee
Contributions...................................................................................... 12

7.4.3.1. 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. .......................................................... 12

7.4.3.2. Pension Cost Sharing............................................................. 12

7.5.1 3% at 55 Pension Formula ................................................................. 13

7.5.2 Final Compensation Based On Twelve Month Period....................... 13

7.5.3 Required Safety Bargaining Unit Represented Employee Contribution ....................................................................................... 13

7.5.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 13

7.6 Safety Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013.................................13

7.6.1 2%@50- 2. 7% @57 Pension Formula .............................................. 13

7.6.2 Final Compensation Based On Three Year Average ......................... 14

7.6.3 Required Unit Represented Employee Contribution ......................... 14

7.6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution...................................................................... 14

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7.7 Implementation of Internal Revenue Code Section 414(h)(2) ...............................14

7.8 PARS Plan For Unit Represented Employees Hired Before July 1, 2012.............14

7.9 Definition of Status Quo Ante ................................................................................15 Section 8. Anniversary Date ..........................................................................................................15 Section 9. Hours of Work ...............................................................................................................15

9.1 The regular workweek for full-time employees shall consist of forty (40) hours. .....................................................................................................................15 Section 10. Layoff...........................................................................................................................15 Section 11. Holidays and Vacations ..............................................................................................15

11.1 Authorized Holidays...............................................................................................15

11.2 Eligibility................................................................................................................16

11.3 Vacation Credits Accrual.......................................................................................16

11.4 Time Charged.........................................................................................................17

11.5 Vacation Credits Advance......................................................................................17

11.6 Vacation Scheduling and Accumulation ................................................................17

11.7 Sick Leave During Vacation ..................................................................................17

11.8 Return of Vacation .................................................................................................18

11.9 Separation from Service.........................................................................................18 Section 12. Sick Leave....................................................................................................................18

12.1 Sick Leave Plan......................................................................................................18

12.1.1 Accrual............................................................................................... 18

12.1.2 Usage.................................................................................................. 18

12.2 Incapacity to Perform Duties.................................................................................19

12.3 Sick Leave at Retirement........................................................................................19

12.4 Sick Leave at Termination .....................................................................................19

12.5 Catastrophic Illness or Injury Time Donation Program .......................................19

12.6 Family Illness Leave ..............................................................................................20

12.7 Family Care & Medical Leave ..............................................................................20

12.7.1 Eligibility ........................................................................................... 20

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12.7.2 Family Care and Medical Leave Entitlement .................................... 20

12.7.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness................................ 21

12.7.4 Pay Status and Benefits...................................................................... 21

12.7.5 Relationship of Family Care and Medical Leave to Other Leaves................................................................................................ 21

12.7.6 Notice to the City............................................................................... 22

12.7.7 Medical Certification ......................................................................... 22

12.7.8 Minimum Duration of Leave ............................................................. 22

12.7.9 Dual Parent Employment................................................................... 23

12.7.10 Employee's Status on Returning from Leave..................................... 23

12.8 Pregnancy Disability Leave...................................................................................23

12.8.1 Notice to City..................................................................................... 23

12.8.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave.................................................................................................. 24

12.8.3 Health and Welfare Benefits.............................................................. 24

12.8.4 Employee Status................................................................................. 24

12.8.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves..................................................................................... 24

12.9 Jury Duty................................................................................................................24

12.10 Military Leave25

12.11 Campaign Leave ....................................................................................................25

12.12 Leave of Absence Without Pay...............................................................................25

12.13 Bereavement Leave ................................................................................................25

12.13.1 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...................................................................................... 25

12.14 Absence Without Official Leave.............................................................................25

12.15 Administrative Leave for Unit Represented Employees.........................................26

12.16 Catastrophic Illness or Injury Time Donation Program .......................................26

12.17 Industrial Disability Leave With Pay.....................................................................26 Section 13. Health and Welfare. ....................................................................................................26

13.1 Medical Insurance - City Contributions................................................................26

13.1.1 Health Insurance Premiums............................................................... 27

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13.1.2 Additional Premium Contributions for Unit Represented Employees Electing the Teamsters 856 Offered Medical
Plan/or the MOU Period Only ........................................................... 28

13.1.3 Eligibility ........................................................................................... 28

13.1.4 Health In-Lieu Payment Plan............................................................. 28

13.2 Dental, Orthodontia, and Vision............................................................................29

13.2.1 Teamsters 856 Dental, Orthodontia, and Vision................................ 29

13.2.2 City of Pacifica Self-Funded Dental Plan.......................................... 29

13.2.3 City of Pacifica VSP Vision Plan ...................................................... 29

13.3 Life and Disability Insurance.................................................................................29

13.3.1 Life Insurance .................................................................................... 29

13.3.2 Long-Term Disability Plan ................................................................ 30

13.4 Domestic Partners Health Benefits........................................................................30

13.5 Coverage During Unpaid Leave............................................................................30

13.6 Medical Flexible Spending Account ......................................................................30

13.7 Dependent Care Flexible Spending Account .........................................................30

13.8 Commuter Assistance Account...............................................................................30

13.9 Participation in Tax-Sheltered Annuities...............................................................31

13.10 Participation in IRS 457 Deferred Compensation Plan ........................................31 Section 14. Vehicle Use..................................................................................................................31

14.1 Reimbursement for Use of Private Vehicles ..........................................................31

14.2 Use of City Pool, Specially Equipped, or Public Safety Vehicle ...........................32

14.3 No Car Allowance..................................................................................................32 Section 15. Uniform Allowance .....................................................................................................32

15.1 General Provisions ................................................................................................32

15.2 Fire Department Uniforms ....................................................................................33

15.3 Public Works Department & WWTP Uniforms.....................................................33

15.4 WWTP Unit Represented Employees.....................................................................33 Section 16. Tuition Reimbursement ...............................................................................................33 Section 17. Labor Management Committee...................................................................................34 Section 18. Probationary Period ...................................................................................................34

18.1 Duration.................................................................................................................34

18.2 Termination............................................................................................................34

18.3 Regular Status........................................................................................................34

18.4 Layoff .....................................................................................................................34

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18.5 Transfer..................................................................................................................34

18.6 Promotions.............................................................................................................35 Section 19. Dismissal, Suspension or Demotion for Cause...........................................................35 Section 20. Grievances...................................................................................................................35

20.1 Definition ...............................................................................................................35

20.2 Procedure...............................................................................................................35

20.3 No Change to Memorandum..................................................................................36

20.4 Demotion, Suspension and Dismissal Grievances.................................................37

20.5 Compensation Complaints.....................................................................................37

20.6 Mutual Agreement on Changes..............................................................................37 Section 21. Separability of Provisions...........................................................................................37 Section 22. Contracting Out ..........................................................................................................37 Section 23. No Strike......................................................................................................................37 Section 24. Past Practices and Existing Memoranda of Understanding.......................................38 Section 25. Additional Provisions..................................................................................................38

25.1 Term of Agreement.................................................................................................38

25.2 Negotiations for a Successor Memorandum of Understanding.............................38

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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 2025 and ending June 30, 20252028.

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.

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

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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 supported through

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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.

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

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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.

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.

5.3 Use of City Facilities
Unit represented employees orthe Union, oritsrepresentatives 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 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

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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.

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

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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 6254.37928.300, 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 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 20232025-2024 2026 Unit Represented Employees in Miscellaneous Classifications Salary Schedule
Effective July 1, 2023the first full pay period of November following City Council approval of this MOU, the City shall improve the base salary schedule and provide equity adjustments to base pay for unit represented employees in miscellaneous classifications by pursuant to two percent (2.0%) over thethe following chart and as reflected in the 20222025-2023 2026 salary schedule set forth in Appendix B-1. 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-2.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
2%

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• IT Manager
• Recreation Supervisor
• Senior Planner
• WWTP Plant Manager
• WWTP Collection System
Manager
• Senior Civil Engineer
• Recreation Manager
• Engineering Manager
• Deputy Fire Chief
• Fire Paramedic Coordinator
3%
Above Market Classification General Wage Increase
+0% All represented classifications 1%
At Market Classification General Wage Increase
0-5% • Management Analyst I/II 1.5%
Below Market Classification General Wage Increase
-5-10% • Recreation Manager
• Field Services Manager
• Project Manager, Sr.
• Code Enforcement Officer
(Internally aligned)
2%
-10.1-15% • Recreation Supervisor
• Associate Civil Engineer
• Deputy Fire Chief
• Fire Paramedic
CoordinatorEMS Chief
(Internally aligned)
• Associate Planner
• PW Superintendent
• Senior Planner
• Senior Civil Engineer
WWTP
3%
-15.1-20% • WWTP Plant Manager
• WWTP Assistant Plant
Manager (Internally aligned)
• WWTP Collections System
Manager (Internally aligned)
• WWTP Assistant
Collections Systems
Manager (Internally aligned)
• IT Manager
• Engineering Manager
4%
-20.1%+ 5%
25% 6%

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6.1.2 20242026-2025 2027 Unit Represented Employees in Miscellaneous Classifications Salary Schedule
Effective at the beginning of the first full pay period in July 20242026, the City shall improve the base salary schedule and provide equity adjustments for unit represented employees in miscellaneous classifications by two percent (2.0%) pursuant to the following chart and as reflected in the over the 2023-20242026- 2027 Miscellaneous Member Salary Schedule in Appendix B-2. 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-3. The 2024-2025 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
• Fire Paramedic Coordinator
3%
Above Market Classification General Wage Increase
0% 1%
At Market Classification General Wage Increase
0-5% • Management Analyst I/II 1.5%
Below Market Classification General Wage Increase
-5-10% • Recreation Manager
• Field Services Manager
• Project Manager, Sr.
• Code Enforcement Officer
(Internally aligned)
2%
-10.1-15% • Recreation Supervisor
• Associate Civil Engineer
• Deputy Fire Chief
3%

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• Fire Paramedic
CoordinatorEMS Chief
(Internally aligned)
• Associate Planner
• PW Superintendent
• Senior Planner
• Senior Civil Engineer
WWTP
-15.1-20% • WWTP Plant Manager
• WWTP Assistant Plant
Manager (Internally aligned)
• WWTP Collections System
Manager (Internally aligned)
• WWTP Assistant
Collections Systems
Manager (Internally aligned)
• IT Manager
• Engineering Manager
4%
-20.1%+ 5%
25% 6%

6.1.3 2023-2024 Safety Unit Represented Employees in Safety Classifications Salary Schedule 2027-2028 Unit Represented Employees in Miscellaneous Classifications
Effective the first full pay period for July 1, 2027, the City shall provide each represented classification in the bargaining unit a 3% General Wage Increase.

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-2. 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-4.

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.

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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 benefitsspecifically 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.

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

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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. 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 offive 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 employeesshall 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

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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 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 Driver’s 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.

7.1 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.

7.2 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

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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 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.

7.3 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:

7.3.1 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.

7.3.2 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.

7.3.3 Required Bargaining Unit Represented Employee Contributions

7.3.3.1. Miscellaneous bargaining unit represented employees covered by this Section 7.4 shall continue to pay, through payroll deduction, the 8.0% member contribution.

7.3.3.2. 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.

7.4 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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7.4.1 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.

7.4.2 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.

7.4.3 Required Bargaining Unit Represented Employee Contributions

7.4.3.1. 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.

7.4.3.2. 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.

7.5 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:

7.5.1 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.

7.5.2 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 7.6 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

7.5.3 Required Safety Bargaining Unit Represented Employee Contribution

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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.

7.5.4 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.

7.6 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).

7.6.1 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.

7.6.2 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.

7.6.3 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.

7.6.4 Additional Required Safety Bargaining Unit Represented Employee Contribution
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

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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.

7.7 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).

7.8 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.

7.8.1 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.

7.9 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.

Section 9. Hours of Work

9.1 The regular workweek for full-time employees shall consist of forty (40) hours.

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

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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

11.1 Authorized Holidays
The holidays for this unit are:
(1) January 1 – New Years’ Day
(2) Third Monday in January – Martin Luther King, Jr.’s Birthday (3) Third Monday in February – President’s Day (Washington’s Birthday) (4) Last Monday in May (Memorial Day)
(5) July 4 – Independence Day
(6) First Monday in September (Labor Day)
(7) November 11 (Veteran’s Day)
(8) Fourth Thursday in November (Thanksgiving Day)
(9) Fourth Friday in November (Friday after Thanksgiving Day) (10) December 24 (Christmas Eve)
(11) December 25 (Christmas Day)
(12) Floater (To be taken at the mutual convenience of the Department and the employee)
(13) Floater (To be taken at the mutual convenience of the Department and the employee)

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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.

11.1.1 Longevity/Holidays
All unit represented employees who have completed the following years of service with the City shall receive additional floating holidays as follows:

All unit represented employees with five (5) continuous years of service with the City shall receive one additional floating holiday each year.

All unit represented employees with more than ten (10) continuous years of service shall receive an additional two (2) floating holidays each year (for a total of 2).

All unit represented employees with more than fifteen (15) continuous years of service with the City shall receive an additional three (3) floating holidays each year (for a total of 3).

All unit represented employees with more than twenty (20) continuous years of service with the City shall receive four (4) additional floating holidays each year (for a total of 4).

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 Vacation Days Earned
Per Year of Full-Time
Service
Hours Accrued
Per Pay Period
1st yr. through 5th yr. 11 days 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

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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.

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.

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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
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.

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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 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 Citysponsored 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):

12.3.2 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 reemployed 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 12. Leaves of Absence

12.6 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.

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For the purpose of this Section 12.1 "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 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.

12.7 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.

12.7.1 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.

12.7.2 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:

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

12.7.3 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.

An eligible unit represented employee's entitlement under Section 12.2.3 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.

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.

12.7.4 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.

12.7.5 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.

12.7.6 Notice to the City

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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.

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.

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.

12.7.7 Medical Certification
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.

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.

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.

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.

12.7.8 Minimum Duration of Leave
Leave does not need to be taken in one continuous period of time.

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.

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

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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.

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.

12.7.9 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.

12.7.10 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.

12.8 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.

12.8.1 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.

12.8.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave

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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.

12.8.3 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.

12.8.4 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.

12.8.5 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.

12.9 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.

12.10 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.

12.11 Campaign Leave

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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.

12.12 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.

12.13 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:

12.13.1 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.

12.13.2 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.

For the purpose of this Section 12.8, 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.

12.14 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 work day 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.

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.

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12.15 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 is received, has no cash value, and does not accumulate from year to year.

12.16 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.

12.17 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 forthe 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 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 sixtyfifth (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 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 13. Health and Welfare.

13.1 Medical Insurance - City Contributions
Effective July 1, 20251, and continuing for the 20262 and 20273 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 20253. During the successor contract negotiations, this Section 13.1 shall define the status quo ante for City contributions toward

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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.

13.1.1 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. If an employee’s health care contribution exceeds 6% increase, the City agrees to meet and discuss with the Union. However, if no agreement is reached, the status quo remains.

Teamsters 856 Offered Medical Plan
Effective
July 1. 2021
Effective
January 1, 2022
2% Increase
Effective January
1, 2023
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
more
$2,211.27 $2,255.50 $2,300.61
CalPERS Offered Medical Plan
Effective
January 1, 2023
Effective January
1, 2024
6% Increase
Effective
January 1, 2025

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6% Potential
Increase
(unknown at this
time)
Employee Only $913.16 $967.95 $1,026.03
Employee + 1 $1,769.69 $1,875.87 $1,988.42
Employee + 2 or more $2,300.61 $2,438.65 $2,584.97

13.1.2 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

13.1.1 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 13.1.1 and not the additional contributions listed in this Section 13.1.2. 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 maximum amounts per month:
• 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

13.1.2 beyond the expiration of this MOU. After the expiration of the MOU, the maximum contribution amounts listed in the chart in Section 13.1.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time unit represented employee.

13.1.3 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.

Commented [ZH1]: Edwin Can you update this section
with track changes on and send back to me.

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13.1.4 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.

13.2 Dental, Orthodontia, and Vision

13.2.1 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 sixty- three dollars($163) per month per unit represented employee to the Teamsters 856 Trust Fund, and the Teamsters 856 Trust Fund shall provide such unit represented employees with a composite dental, orthodontics, and vision coverage.

13.2.2 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.

13.2.3 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

13.3 Life and Disability Insurance

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13.3.1 Life Insurance
The City shall contribute towards payment ofterm 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.

13.3.2 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.

13.4 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 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.

13.5 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.

13.6 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.

13.7 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 itssole 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.

13.8 Commuter Assistance Account

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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.

13.9 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.

13.10 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 deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified 457 deferred compensation plan.

13.10.1 Beginning: the first full pav period after July 1, 2023Effective the first full pay period in November after City Council ratification of this MOU,. the Citv shall provide up to a one two percent (1 2 %) of base salary match to each unit represented employee’s one two percent (1 2 %) of base salary contribution to their IRS qualified 457 deferred compensation plan. However. , unit represented employees shall have the individual option to have the equivalent of that one percent (1 % ) match as monev paid to the unit represented employee and deducted pore-tax from the unit represented employee’s paycheck and applied to their health insurance premiums under the Citv's offered health insurance olansplans.

This election must be made during Open enrollment for the 2023 2025 calendar year. Should a unit represented employee fail to make the election bv the election deadline. , the 1% of base pay will be provided as a match to their IRS qualified 457 deferred compensation plan..

This The City’s 2% matching contribution to employees’ 457 deferred compensation ceases as of the last pay period and its option to a p ply the cash equivalent to health insurance premiums will end last pay period in June 20252028.

Section 14. Vehicle Use

14.1 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 14.1, the City Manager shall not assign the Commented [DL2]: Please confirm

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unit represented employee a City pool, specially equipped, or public safety vehicle as described in Subsection 14.2.

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.

14.2 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, 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 employeesshall 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

14.1. 14.3 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 15. Uniform Allowance

15.1 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

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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.

15.2 Fire Department Uniforms
Fire Department unit represented employees who are required to wear uniforms not provided by theCity shallreceive 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.

15.3 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.

15.4 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 16. Tuition Reimbursement
A unit represented employee may be reimbursed up to a maximum of Two Three Thousand Dollars ($23,000.00) within one 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 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.

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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.

Section 17. 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 18. Probationary Period

18.1 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.

18.2 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.

18.3 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.

18.4 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.

18.5 Transfer

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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.

18.6 Promotions
Regular employees who are promoted to a higher classification shall undergo the probationary period prescribed forthe 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 19. 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 20. Grievances

20.1 Definition
A grievance is any dispute which involvesthe 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:

20.2 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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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.

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 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.

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.

20.3 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

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or in connection with such proposal, may be referred to arbitration under this Section.

20.4 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 findsthat the City had such right, he may not order reinstatement and may not assess any penalty upon the City.

20.4.1 Letters of Reprimands
A letter of reprimand shall be removed from a member’s file after two (2) years, so long as no similar behavior has occurred.

20.5 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.

20.6 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 21. 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.

Section 22. 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.

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Section 23. 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.

Section 24. Past Practices and Existing Memoranda of Understanding

24.1 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.

24.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union.

24.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from adjustment Board or arbitration proceedings under Section 22) will be recognized unless agreed to by the City Manager and the Teamsters Local 350, provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language.

24.4 All existing side letters that are not incorporated into this memorandum of Understanding shall terminate on the effective date of this Memorandum.

Section 25. Additional Provisions

25.1 Term of Agreement
The parties acknowledge that this Memorandum must be presented to and approved by the City of Pacifica City Council. Unless otherwise specifically stated in this MOU, this Memorandum shall become effective on the date approved by the City Council, and shall remain in effect through June 30, 2023.

25.2 Negotiations for a Successor Memorandum of Understanding No later than March 15, 2025, the City and the Association shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.

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Packet Pg. 133 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028) 4935-3436-7098 v1 41
Made and entered into this _____ day of NovemberDecember, 20232025.

MANAGEMENT EMPLOYEES
TEAMSTERS LOCAL 350

CITY OF PACIFICA
John Bouchard,
Secretary Treasurer
Kevin Woodhouse, City Manager
Rey Mendez, Teamster Local Union 350 –
Management
Yulia Carter, Deputy City Manager
Juan Coca
Business Representative/Chief Labor
Negotiator

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4935-3436-7098 v1

APPENDIX A

COMPLETE LIST OF CLASSIFICATIONS

INCLUDED IN MANAGEMENT EMPLOYEES UNIT
Associate Civil Engineer
Associate Planner
Childcare Supervisor
Deputy Fire Chief
EMS Chief
Engineering Manager
Field Services Manager
Information Systems & Technology Manager
Food I Senior Services Supervisor
Management Analyst I/II
Principal Civil Engineer
Project Manager
MIS Manager
Paramedic Coordinator
Public Works Superintendent
Recreation Manager
Recreation Supervisor
Senior code Enforcement Officer
Senior Planner
Public Works Supervisor
WWTP Assistant SuperintendentCollections System
Manager- Maintenance

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4935-3436-7098 v1
WWTP Assistant SuperintendentPlant Manager-
Operations
WWTP Collections System Manager
WWTP Plant Manager

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APPENDIX B-1
2023-24 Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 1%-4% Equity Increase
Monthly Range
Minimum Maximum
Associate Civil Engineer $ 9,341$ 10,954
Associate Planner $ 8,150 $
9,609 Engineering Manager $ 11,632 $ 13,646
Field Services Manager $ 11,913 $ 13,699
Information Systems and Technology Manager $ 11,032 $ 13,680 Management Analyst I/II $ 8,441$ 10,640
Project Manager $ 10,506 $ 12,325
Public Works Superintendent $9,695 $ 11,706
Recreation Manager $ 10,168 $ 11,694
Recreation Supervisor (Child Care, Senior Services, Recreation $ 8,057 $ 9,266
Senior Civil Engineer $ 10,815 $ 12,687
Senior Code Enforcement Officer $ 8,317$ 10,088
Senior Planner $ 9,339$ 11,012
WWTP Assistant Superintendent – Maintenance $ 10,506 $ 12,325 WWTP Assistant Superintendent- Operations $ 10,506 $ 12,325 WWTP Collections System Manager $ 11,521 $ 13,515
WWTP Plant Manager $ 11,521 $ 13,515
2023-24 Salary Schedule
Teamsters Management Local 350 - Public Safety
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 3% Equity Increase = 5% Total
Monthly Range
Minimum Maximum
Deputy Fire Chief $ 18,193 $ 19,043
Paramedic Coordinator $ 12,181 $ 17,479

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4935-3436-7098 v1

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Packet Pg. 138 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028) 45 MP #4846-4618-3540 v4
4935-3436-7098 v1
APPENDIX B-2
2024-25 Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 1%-4% Equity Increase
Salary Range
Minimum Maximum
Associate Civil Engineer $ 9,621 $ 11,283
Associate Planner $ 8,394 $ 9,897
Engineering Manager $ 12,213 $ 14,328
Field Services Manager $ 12,390 $ 14,247
Information Systems and Technology Manager $ 11,474 $ 14,227 Management Analyst I/II $ 8,610 $ 10,852
Project Manager
Public Works Superintendent
$
10,7
16 $
10,0
83 $
12,5
72 $
12,1
75 Recreation Manager $ 10,677 $ 12,279
Recreation Supervisor $ 8,379 $ 9,637
Senior Civil Engineer $ 11,356 $ 13,322
Senior Code Enforcement Officer $ 8,483 $ 10,290
Senior Planner $ 9,712 $ 11,452
WWTP Assistant Superintendent – Maintenance $ 10,716 $ 12,571 WWTP Assistant Superintendent- Operations $ 10,716 $ 12,571 WWTP Collections System Manager $ 11,982 $ 14,056
WWTP Plant Manager $ 11,982 $ 14,056
2024-25 Salary Schedule
Teamsters Management Local 350 - Public Safety
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 3% Equity Increase = 5% Total
Salary Range
Minimum Maximum
Deputy Fire Chief $ 19,103 $ 19,995
Paramedic Coordinator $ 12,790 $ 18,353

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Packet Pg. 139 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028) 46 MP #4846-4618-3540 v4
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APPENDIX B-3
2021-2022-MISCELLANEOUS MEMBER SALARY SCHEDULE
(2% Increase)
2021-2022 SAFETY MEMBER SALARY SCHEDULE
(2% Increase+ 1% Equity Adjustment)
2021-22 Salary Schedule Teamsters Management Local 350 - Misc
Associate Civil Engineer $
8 ,
8 9
1 $
1 0
,
4 2
6 Associate Planner $
7 ,
7 5
7 $
9 ,
1 4
6 Childcare Supervisor $
7 ,
5 9
5 $
8 ,
7 3
5 Field Services Manager $
1 1
,
2 3
0 $
1 2
,
9 1
4 Food/Senior Services
Supervisor
$
7 $
8 3.d
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4935-3436-7098 v1
,595,735
Infonnation Systems and
Technology Manager
$10,400
$12,896
Management Ana]yst I/II
$8,113$10,227
Publie Works Superintendent
$9,139
$11,035
Recreation Manager
$9,494$10,919
Senior Civil Engineer
$10,098$11,846
Senior Planner
$8$1

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Packet Pg. 141 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028) 48 MP #4846-4618-3540 v4
4935-3436-7098 v1
,
8 0
4 0
,
3 8
1 WWTP Assistant
Superintendent - Maintenance
$
1 0
,
0 9
8 $
1 1
,
8 4
6 WWTP Assistant
Superintendent- Operations
$
1 0
,
0 9
8 $
1 1
,
8 4
6 WWTP Collections System
Manager
$
1 0
,
8 6
1 $
1 2
,
7 4
1 WWTP Plant Manager $
1 0
,
8 6
1 $
1 2
,
7 4
1 2021-22 Salary Schedule
Teamsters Management Local 350 - Public Safety
Deputy Fire
Chief
$
16,
822
$
1 7

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Packet Pg. 142 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028) 49 MP #4846-4618-3540 v4
4935-3436-7098 v1
,608
Paramedic
Coordinator
$
11,
263
$16,162

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Packet Pg. 143 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028) 4935-3436-7098 v1
APPENDIX B-4
2022-2023-MISCELLANEOUS MEMBER SALARY SCHEDULE
(2% Increase)
2022-2023 SAFETY MEMBER SALARY SCHEDULE
(2% Increase+ 1% Equity Adjustment)
2022-23 Salary Schedule Teamsters Management Local 350 - Misc
Associate Civil Engineer $
9 ,
0 6
9 $
1 0
,
6 3
5 Associate P1anner $
7 ,
9 1
2 $
9 ,
3 2
9 Childcare Supervisor $
7 ,
7 4
7 $
8 ,
9 1
0 Field Services Manager $
1 1
,
4 5
5 $
1 3
,
1 7
3 Food/Senior Services
Supervisor
$
7 ,
$
8 ,

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-3436-7098 v1
747910
Information Systems and
Technology Manager
$10,608
$13,154
Management Analyst I/II
$8,275
$10,431
Public Works Superintendent
$9,322
$11,256
Recreation Manager
$9,684$11,137
Senior Civil Engineer
$10,300$12,083
Senior Planner
$8,$10

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3.d
Packet Pg. 147 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028) 4935
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3.d
Packet Pg. 148 Attachment: 350 MOU Redline (6092 : Teamsters Management 350 MOU 2025-2028)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
11/24/2025
1 SUBJECT:

First Amendment to Lease Agreement with Pacifica Performances for Use of a Portion of the Sanchez Art Center
RECOMMENDED ACTION:

Adopt the Resolution authorizing the City Manager to execute the First Amendment to Lease Agreement between the City of Pacifica and Pacifica Performances, extending the lease term through December 31, 2030, and updating rent, utility, and financial reporting provisions.

STAFF CONTACT:

Scott Leslie, Parks, Beaches and Recreation Director
(650) 446-4683
[email protected]

BACKGROUND/DISCUSSION:

Pacifica Performances is a nonprofit performing arts organization that provides live music and cultural programming at the Sanchez Center campus. The City currently leases space to Pacifica Performances, including the multipurpose room commonly used as a concert hall, an administrative office, a kitchen, and restrooms. The current lease expires on December 31, 2025.

To support the continuation of arts and cultural programming, the City and Pacifica Performances desire to extend the agreement. The First Amendment to Lease Agreement extends the lease term for one year beginning January 1, 2026, with four additional one-year renewal options that may extend the agreement through December 31, 2030. The amendment also updates the Base Rent to $4,565 per year and requires a fixed annual amount of $4,440 to cover water, sewer, and electricity utilities. A 2.5 percent annual increase will apply to Base Rent starting January 1, 2027.

Pacifica Performances will continue to remit 25 percent of all sublease rental revenue to the City and will submit semi-annual financial reports to the Finance Director each year. Annual proof of nonprofit status will also continue to be required. The agreement maintains a long-standing and valued partnership that supports accessible cultural programming for the community while recovering a reasonable portion of City costs associated with the facility.

ALTERNATIVE ACTION:

Do not approve the agreement and provide staff with alternative direction.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
4 Packet Pg. 149
Pacifica City Council 2
November 24, 2025
Approval of this item supports the City Council’s goal of fostering a healthy and compassionate community by continuing to provide residents with access to arts and cultural experiences.

ENVIRONMENTAL REVIEW:

Approval of the proposed Agreement with Pacifica Performances is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment
FISCAL IMPACT:

Lease payments and revenue-sharing funds will continue to be received into the City’s General Fund. The First Amendment provides predictable and modestly increased revenue to support the City’s efforts to maintain the property and ensure community use of the campus.

ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:

First Amendment to Lease - Pacifica Performances (DOCX) 4 Packet Pg. 150
Pacifica City Council 3
November 24, 2025
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING

THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO LEASE AGREEMENT

WITH PACIFICA PERFORMANCES
WHEREAS, Pacifica Performances provides live performing arts and cultural programming that benefits the Pacifica community through the use of City-owned space at the Sanchez Center; and
WHEREAS, the existing Lease Agreement between the City of Pacifica and Pacifica Performances will expire on December 31, 2025; and
WHEREAS, the City and Pacifica Performances desire to extend the lease term and update rent, utility, and reporting terms as outlined in the First Amendment to Lease Agreement; and
WHEREAS, the extension of the lease agreement ensures the continuation of accessible community arts programming and supports the City’s commitment to a vibrant and engaged community; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica hereby approves the First Amendment to Lease Agreement with Pacifica Performances and authorizes the City Manager to execute the First Amendment to the Lease Agreement, in the form attached hereto, with minor revisions that may be approved by the City Attorney, and to execute any other necessary documents to effectuate the terms of the First Amendment.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of November, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4 Packet Pg. 151
Pacifica City Council 4
November 24, 2025
4 Packet Pg. 152
Pacifica City Council 5
November 24, 2025

ATTACHMENT A
4 Packet Pg. 153
Page
1 of 5

FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF PACIFICA AND

PACIFICA PERFORMANCES
THIS FIRST AMENDMENT TO LEASE (this “First Amendment”) is made and entered into as of November XX (the “Effective Date”), by and between the CITY OF PACIFICA, a municipal corporation of the State of California (“City” or “Landlord”), and PACIFICA PERFORMANCES, a California non-profit corporation (“Tenant”). The City and Tenant shall be collectively referred to as “Parties”.

RECITALS
A. City is the owner of certain property formerly known as the Sanchez Elementary School, located at 1220 Linda Mar Boulevard, Pacifica, California 94044, APN #:023-281-130 (“Property”).

B. Pursuant to that certain Lease Agreement entered into as of March 22, 2021 (the “Lease”), City currently leases to Tenant and Tenant leases from City a portion of the Property consisting of approximately 4,000 square feet, comprised of a multipurpose room, commonly referred to as a Concert Hall, a kitchen, restrooms and an administrative office hereinafter referred to as the “Premises,” as described in Exhibit A of the Lease.

C. The Term of the Lease expires on December 31, 2025.

D. The City and Tenant desire to amend the Lease to extend the Term of the Agreement for an additional one year term with four (4) one-year Renewal Terms.

E. The City and Tenant also desire to adjust the Lease terms to increase the Base Rent to $4,565 per year and to require payment of utilities, water and garbage at a fixed rate of $4,440 per year for a combined annual rate of $9,005 per year, with a 2.5% annual increase applied to Base Rent on and after January 1, 2027.

F. Tenant will continue to pay the City twenty-five (25%) of all Rents received by Tenant through the subleases.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Tenant agree as follows:

1. Amendment to Lease. The Parties agree that the sections of the Lease Agreement identified below shall be amended as set forth herein.
a. Section 2-Term. Section 2, “Term” shall be amended to read as follows:
“A. The term shall commence on January 1, 2026 and shall be for a period of one (1) year (“Initial Term”), with four, one year options for renewal of the Initial Term (“Renewal Term”) expiring on December 31, 2030.

B. Tenant is given the option to extend the term on all provisions contained in this Agreement by giving written notice of Tenant’s exercise of the option for renewal (“Option Notice”) to City. For any Renewal Term, the Tenant shall provide the Option Notice at least six (6) months prior to the expiration of the Renewal Term in order to exercise its option for renewal. Provided that, if Tenant is in default on the date of giving the Option Notice, the Option Notice shall be totally ineffective and this Agreement shall

4.a
Packet Pg. 154 Attachment: First Amendment to Lease - Pacifica Performances (6073 : First Amendment to Lease Agreement with Pacifica Performances)

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Pacifica City CouncilNovember 24, 2025

Pacifica City Council
November 24, 2025