Pittsburg City Council
July 18, 2022

ATTACHMENTS: Resolution
Bid Results
RFQ Bid Worksheet
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 1194

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to )
Execute a Contract for Water and ) RESOLUTION NO. 22-
Sewer Supplies )
WHEREAS, the City of Pittsburg operates and maintains its water distribution and sewer collection systems; and
WHEREAS, each fiscal year, the City’s Public Works Department solicits bids for water and sewer system maintenance supplies; and
WHEREAS, in May 2022, staff solicited and received bids from three suppliers with capability to provide necessary maintenance supplies as they are needed, and WHEREAS, R&B Company, A Core & Main Company of Oakley, California, is the lowest responsible, responsive bidder; and
WHEREAS, funding is available in the Fiscal Year 2022/23 Water Operations and Sewer Maintenance Operations budgets.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes the City Engineer to execute a contract with R&B Company in the amount of $210,000.00 for Water and Sewer Supplies.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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Bids received: June 9, 2022 at 11:00:00 AM
Company Water
Supplies
Sewer
Supplies
Concrete water
Meter Boxes &
Lids
Comments
Ferguson $126,665.43 $60,245.91 $34,229.66
Pace Supply $157,144.33 $63,220.13 $32,577.97
R&B Company $119,982.11 $52,169.82 $29,942.53
Utility Supply Bids
FY 2022/2023
City of Pittsburg
RFQ# WSSCBL60922
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Contract for Automatic Meter Reading Supplies
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City’s water system distributes potable water to approximately 18,750 residential, commercial, industrial, and institutional customers. Public Works crews maintain the water meters and purchase necessary supplies under an annual contract with vendor Badger Meter (formerly National Meter and Automation) of Milwaukee, WI. If approved, the resolution will allocate funds and authorize a contract with Badger Meter for the purchase of water meters and related supplies.

FISCAL IMPACT
If approved, the resolution would authorize allocation of $300,000 from Water Operating Fund (Fund 501) to the Automatic Water Meter Reading System Project (Project 5030) for a total budget of $300,000. This is an appropriate use of these funds.

RECOMMENDATION
City Council adopt the attached Resolution allocating $300,000 from Water Operating Funds (Fund 501) to the Automatic Water Meter Reading System Project (Project 5030) and authorize the City Manager to negotiate and execute a contract with Badger Meter for Automatic Meter Reading Products in the amount of $300,000.

BACKGROUND
The City’s Public Works Department operates a Water System that distributes potable water to approximately 18,750 residential, commercial, industrial, and institutional customers.

Part of the Water System includes a Badger Automatic Meter Reading (AMR) system that improves the ability to identify water accounts where there are leaks. The AMR system also offers the benefits of assisting customers with water conservation. 1215
On June 21, 2021, the City Council approved Resolution 21-13944 approving the City’s Five-Year Capital Improvement Program for FY 2021/22 through FY 2025/26 and allocating funds to capital projects, including the AMR system project. There are sufficient funds available in the Water Operating Funds (Fund 501). The AMR Project installs 1,500 to 1,700 Badger AMR meters each year, eventually replacing all 18,750 existing meters. To date, the project is approximately 98% complete with less than 100 meters left to convert.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
With an AMR system, meter readings and event data are transmitted via radio frequency to a mobile receiver during drive-by or walk-by reading. This data then synchronizes with the City’s billing system. Public Works Department staff will continue to install Badger AMR meters and products to update the water system, help identify the detection of water customer leaks sooner and to provide a better tool for water conservation.

Badger Meter, Inc., (formerly National Meter and Automation) is the sole Badger product distributor for the City’s AMR system, and no other manufacturer makes a meter compatible with the City’s system. Over the past year nearly every industry has seen an exceptional rise in costs of metals, materials, gas, and shipping, caused in part by the COVID-19 pandemic. These increases have made it significantly more expensive to manufacture products, including Badger products. Badger has offered to sell products this year at no more than a ten percent increase over last year’s prices due to the sharp inflation costs.

Staff has reviewed the agreement and has determined the ten percent increase is reasonable for this equipment.

Staff recommends the City Council approve the attached resolution authorizing the City Manager to allocate funds and execute a contract with Badger Meter for purchase of Automatic Meter Reading Products in the amount of up to $300,000, at a unit price of no more than ten percent higher than last year.

ATTACHMENTS: Resolution
Proposal from Badger
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 1216
Resolution No. 20- Page 1 of 2

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to Negotiate )
and Execute a Contract for Automatic Meter ) RESOLUTION NO. 22- Reading Products with Badger Meter, Inc. )
WHEREAS, the Public Works Department operates a Water System that distributes potable water to approximately 18,750 residential, commercial, industrial, and institutional customers; and,
WHEREAS, City Council approved funding in the Capital Improvement Program in the amount of $300,000 for FY 2022-23 for Automatic Meter Reading (AMR) Project (Project 5030); and,
WHEREAS, sufficient funds are available in the Water Operating Fund (Fund 501); and,
WHEREAS, an AMR system offers the benefits of assisting customers with water conservation and improving system efficiency and customer service; and, WHEREAS, the project is for the conversion of existing meters to AMR radio read system with approximately 1500 to 1700 Badger AMR meters installed each Fiscal Year through this project; and,
WHEREAS, approximately 98% of the water meter system has been replaced with AMRs; and,
WHEREAS, Badger Meter, Inc., is the sole manufacturer and distributor for Badger AMRs, and only Badger AMRs are compatible with the existing system, therefore rendering competitive bidding futile.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute a contract with Badger Meter, Inc., in the amount of $300,000, at unit prices no more than 10 percent higher than last year’s, for Automatic Meter Reading Products for FY 2022-2023.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
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Resolution No. 20- Page 2 of 2

Merl Craft, Mayor
ATTEST:

Alice E. Evenson, City Clerk
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� Badger Meter
May 23, 2022
Mr. Ralph Cones
the City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
RE: AMR/AMI -Water Meter Proposal 2022-2023- Extension 10 Dear Mr. Cones:
4545 W Brown Deer Road
PO Box 245036
Milwaukee, Wisconsin 53224-9536
414-355-0400 I 800-876-3837
www.badgermeter.com
Badger Meter will extend said contract for an additional one-year period subject to a 10 percent price increase. Pricing will be valid July 1, 2022 through June 30, 2023. The terms and conditions will remain the same.

At Badger Meter, our supply chain and operations teams are working diligently to ensure high-quality products, availability, and great value. Over the past 12 months, Badger Meter, along with everyone else in this economy, has faced tremendous inflationary headwinds that have made it costlier to conduct business. From copper, resin and electronics to transportation and shipping, costs have risen dramatically. These increases have made it significantly more expensive to manufacture products for our customers.

Please provide the City's extension acceptance response by email to [email protected] and if needed, please forward any additional forms to be executed.

In the event you have any questions regarding this correspondence, we can be reached by telephone at 800-876-3837 or by email at [email protected]. Additionally, you may contact your Account Manager, Brian Helphand, by telephone at 916-521-0390 or by email at [email protected].

We appreciate the opportunity to support your metering needs.

Sincerely,
BADGER METER, INC.

Jennifer A. Dunk
Assistant Secretary and Proposal Lead
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Temporarily Amend the Police Department Staffing Allocation
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City Manager, upon recommendation from the Chief of Police, recommends amending the staffing allocation plan by temporarily adding one (1) additional Police Lieutenant.

FISCAL IMPACT
The Police Department does not anticipate a fiscal impact from the temporary staffing allocation increase as it will be absorbed within the current fiscal budget by anticipated salary savings.

RECOMMENDATION
Staff recommends the City Council adopt a resolution to temporarily amend the Police Department’s authorized allocated positions by adding one (1) Police Lieutenant for a term of no longer than six months.

BACKGROUND
As the Police Department navigates staffing issues as the result of medical leaves of absence and pending retirements in the classification of Police Lieutenant, it is necessary to temporarily add one Police Lieutenant to facilitate the transitional period. This position will be a short-term addition to the staffing allocation as a vacancy is anticipated by September 2022.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
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STAFF ANALYSIS
The City Council is asked to temporarily amend the staffing allocation of the Police Department by adding one (1) regular full-time Police Lieutenant for a period not to exceed six months. Once approved by Council, the Police Department will promote one Police Lieutenant.

ATTACHMENTS: Resolution
Report Prepared By: Brian Addington, Chief
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the matter of:

Adoption of a Resolution to Temporarily )
Amend the Police Department Staffing )
Allocation ) RESOLUTION NO. 22-
WHEREAS, the Police Department requests the City of Pittsburg Staffing Allocation Plan be amended to temporarily add one (1) Police Lieutenant for a term of no longer than six months; and
WHEREAS, the Police Department finds it necessary to request the temporary addition of (1) additional Police Lieutenant due to medial leaves of absence and pending retirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the addition of one (1) Police Lieutenant to the Police Department’s authorized staffing allocations for a term of no longer than six months to facilitate the transitional period due to long term medical leaves of absence and pending retirements.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18TH day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for AFSCME Union, Local 512 for the Period July 1, 2022, through June 30, 2025
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City of Pittsburg and AFSCME Union, Local 512 are proposing terms and conditions of employment for American Federation of State, County and Municipal Employees (AFSCME) Miscellaneous A and the Management/Professional/Confidential (MPC) Unit for the period of July 1, 2022 through June 30, 2025 (Contract Period).

FISCAL IMPACT
The total net impact to the General Fund in Fiscal Year 2022-23 is $1,470,000 and will be reflected in the current budget. The costs associated with the terms and conditions for the remaining fiscal years of the Contract Period will be budgeted accordingly in future fiscal years.

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution approving the tentative agreement between the City and AFSCME for the Contract Period, authorizing the City Manager to prepare and execute a successor Memorandum of Understanding (MOU), and authorizing corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-24, and 2024-25.

BACKGROUND
The City and AFSCME started negotiation sessions in March 2022 to develop a successor MOU and after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, have reached a tentative agreement on the terms and conditions of employment that provides for a three-year contract, cost of living adjustments (COLAs) each year, and an amendment to the contract terms regarding market equity adjustments, deferred compensation, uniform and shoe 1230
allowances, release time, new employee orientation and Winter Closure. The most recent AFSCME Miscellaneous A and MPC MOUs expired June 30, 2022.

AFSCME membership ratified the terms of the tentative agreement package on June 30, 2022.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
Following a comprehensive salary and benefits study, the City and AFSCME tentatively agreed to a three-year contract term, for the Contract Period and wage increases competitive with market rates beginning with a five percent (5%) COLA for the first full pay period following July 1, 2022; a four percent (4%) COLA for the first full pay period following July 1, 2023 and a three percent (3%) COLA for the first full pay period following July 1, 2024. The first full pay period of July 2022 runs between July 10th and July 24th and due to the holiday, this item has been agendized for July 18, 2022.

Effective the first full pay period following the August 1, 2022, the City shall provide a Market Equity Adjustment for each classification with a total compensation of more than five percent (5.0%) below market median, as determined by the Koff and Associates’ Total Compensation Survey (“Survey”). The Market Equity Adjustment will be an increase to base pay and will be made in three equal increases, with the first year increase occurring the first full pay period following August 1, 2022 and each subsequent year increase occurring in the first full pay period following July 1 of the fiscal year.

Following adoption of this agreement, the City will continue to meet and confer with AFSCME to reach agreement on how each non-surveyed classification which is tied to a benchmark classification will receive a base wage increase. Market based equity adjustments are independent of the COLA but will be implemented in an additive (noncompounded) fashion.

Staff met and conferred with AFSCME, Management/Professional/Confidential Unit regarding new positions approved in the FY 2022/2023 adopted budget. Amendment 1 identifies the new classifications of Community Services Manager, Environmental Health Officer and Laboratory Supervisory added to the bargaining unit. The Laboratory Supervisor supports new water quality regulations and standards by the Environmental Laboratory Accreditation Program (ELAP) to ensure laboratory procedures conform to regulatory standards to maintain state certification and accreditation. Staff recommends the Laboratory Supervisor be eligible to receive similar certification pay provided to the Water Plant Supervisor including Water Distribution certificates D1 (1%) and D2 (2%), and a Water Education Incentive of $330 per month for a Grade III Water Quality Analyst certificate from the California Water Environment Association - American Water Works Association (CWEA/AWWA). In accordance with Personnel Rule 3.3, Approval, Amendment, and Revision of the Classification Plan, the City Manager approved the above-mentioned new classifications. In accordance with Personnel Rule 11.1 Salary Plan, the City Council approved the new salary ranges on June 20, 2022, via the budget adoption. Upon Council approval the certification pay will be included in the MOU.

Additional terms of the agreement include:
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 An increase in the City's “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of $150 per month from $125 per month and a “matching” contribution for participating regular part-time employees from $62.50 per month up to a maximum of $75 per month.  Effective the first full pay period following July 1, 2022, the 1.925% deduction will cease and the City will no longer deduct 1.54 hours per pay period. Beginning with the 2022-23 Fiscal Year, Winter Closure, will occur as follows. Non-essential City operations will be closed to the public between the Christmas and New Year’s Day holidays. However, the City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of the department.

Employees will be encouraged to take time off, however, it will not be a requirement.

Employees electing to take time off may choose to take vacation, compensatory time, floating holiday time or unpaid time during the closure period. The use of unpaid leave during Winter Closure will not negatively impact non-accrued benefits such as the employee’s qualification for paid holidays on December 25 or January 1; or qualification for health and welfare benefits. However, additional paid leaves do not accrue during unpaid leave time. Employees who choose to work on a City closure day may be assigned to perform duties outside of their normal job duties. Any assigned duties must be reasonable in nature. The City Manager may also choose to close some or all City facilities to the public while maintaining operational staffing levels to allow staff to complete special projects or reduce work backlogs.  The City shall provide for employees involved in construction or property inspection (e.g., engineering inspectors, public works supervisors and superintendents, public works inspectors) protective shoes, from $180 per fiscal year to $300 per fiscal year.  The annual uniform allowance will increase from $240 to $300 for Lead Police Records Clerk, Police Records Clerk and Property and Evidence Coordinator, AFSCME, Miscellaneous A Unit. The annual uniform allowance will increase from $240 to $300 for the Executive Assistant to the Chief of Police, Police Records Supervisor and Confidential Administrative Assistant, if assigned to the Police Department, AFSCME, Management/Professional/Confidential (MPC) Unit. The annual uniform allowance will be $600 for employees in the classifications of Police Evidence Technician, Lead Community Services Specialist and Community Services Specialist required to wear a work uniform.
 The City agrees that each newly hired employee, or employee who is new to the Local 512 bargaining unit shall participate in an on-boarding process during regular working hours without loss in compensation.
 The City shall provide the union a maximum of 100 total hours per fiscal year of release time for union designated stewards or officers to attend union sponsored training programs.

The AFSCME Miscellaneous A and MPC membership ratified the terms of the tentative agreement package on June 27, 2022.

The terms and conditions of the tentative agreement include the following amendments to the draft MOU:
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1) Term (Section 2)
2) Release Time for Training (Section 3.7)
3) New Employee Orientation (Section 3.8)
4) Salaries (Section 5)
5) Market Equity Adjustment (Section 5)
6) Winter Closure (Section 5.C.)
7) Safety Shoes (MPC – Section 6.15)
8) Deferred Compensation (Section 6.9)
9) Uniform Allowance (Section 7.1)
Should the City Council approve these terms, staff will prepare a successor MOU that incorporates the agreed upon changes.

ATTACHMENTS:

Exhibit A – Comprehensive Tentative Agreement between the City of Pittsburg and AFSCME Union
Amendment 1
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 1233
City of Pittsburg and AFSCME Local 512
Successor Agreement Negotiations
Joint Recommendation
City Version: 6/27/22
1 .  .

The following does not represent the proposal of either party. Instead, the following represents terms which each party will recommend to its principals for ratification/adoption in the form of a successor MOU.

1. Art. 2. Duration
3 Years (July 1, 2022 – June 30, 2025)

2. Art. 5 Salaries
Replace Paragraphs 5.A – C with the following:

A. COLA’s
 Effective the first full pay period following the later of City Council adoption or July 1, 2022: 5.0%; however, if AFSCME ratifies before July 1, 2022, this COLA will be retroactive to the first full pay period in July (beginning July 10, 2022)  Effective the first full pay period following July 1, 2023: 4.0%  Effective the first full pay period following July 1, 2024: 3.0% B. Market Equity Adjustments
Effective the first full pay period following the August 1, 2022, the City shall provide a Market Equity Increase for each classification with a total compensation of more than five percent (5.0%) below market median, as determined by the Koff and Associates’ Total Compensation Survey (“Survey”). The Market Equity Adjustment will be an increase to base pay and will be made in three equal increases, with the first year increase occurring the first full pay period following August 1, 2022 and each subsequent year increase occurring in the first full pay period following July 1 of the fiscal year.

For example, if a Classification is 11% below market median pursuant to the 2022 Koff Study, it will receive a 2% Equity Adjustment the first full pay period following August 1, 2022, an additional 2% Equity Adjustment the first full pay period following July 1, 2023, and an additional 2% Equity Adjustment the first full pay period following July 1, 2024
Following adoption of this agreement, the City will continue to meet and confer with AFSCME to reach agreement on how, each non-surveyed classification which is tied to a benchmark classification will receive a base wage increase.

Market based equity adjustments are independent of the COLA but will be implemented in an additive (non-compounded) fashion.

EXHIBIT A - TENTATIVE AGREEMENT
1234
City of Pittsburg and AFSCME Local 512
Successor Agreement Negotiations
Joint Recommendation
City Version: 6/27/22
2 .  .

C. Deferred Compensation (TA)
Add the following to Paragraph 6.9:

Effective the first full pay period following the later of City Council adoption or July 2022, the City will increase the “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of one-hundred fifty dollars and zero cents ($150.00) per month. The City will make a “matching” contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of seventy-five dollars and zero cents ($75.00) per month.

D. Art 5.C Winter Closure
Replace Section 5.C with the following (renumbered based on section deletions above):

C. Beginning on July 5, 2015, the City implemented a 40-hour unpaid “Winter Closure” accomplished by a one point nine two five percent (1.925%) reduction in pay (1.54 hours per pay period).

Effective the first full pay period following the later of City Council adoption or July 1, 2022, the 1.925% deduction will cease and the City will no longer deduct 1.54 hours per pay period.

Beginning with the 2022-23 Fiscal Year, the Winter Closure, will occur as follows. Non-essential City operations will be closed to the public between the Christmas and New Year’s Day holidays. However the City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. Employees will be encouraged to take time off, however, it will not be a requirement.

Employees electing to take time off may choose to take vacation, compensatory time, floating holiday time or unpaid time during the closure period. The use of unpaid leave during winter closure time will not negatively impact the employee’s qualification for paid holidays (e.g., December 25 or January 1); or qualification for City-paid health benefits.

However, additional paid leaves do not accrue during unpaid leave time.

Employees who choose to work on a City closure day may be assigned to perform duties outside of their normal job duties. Any assigned duties must be reasonable in nature.
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City of Pittsburg and AFSCIIIE Local 512
Successor Agreement Negotiations
Joint Recommendation
City Version: 6/27/22
D. Closure of Facilities to the Public
The City Manager may also choose to close some or all City facilities to the public while maintaining operational staffing levels to allow staff to complete special projects or reduce work backlogs.

E. Art. 3. 7 Release Time for Training (TA_}
Add NEW - 3.7 Release Time for Training.

Upon adoption of this memorandum of understanding by City Council, the City shall provide the Union a maximum of one hundred (100) total hours per fiscal year of release time for Union designated stewards or officers to attend Union-sponsored training programs.

Requests for release time shall be provided in writing to the City Human Resources Department at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved, within one (l) week of receipt.

F. Art. 3.8 New Empfoyee Orientation (T Al
City Counterproposal (6/l 7/22)
G. MPC At1 6.15 Safety S!i:oes- (TA)
AFSCME Proposal # 3 (6/20/22)
R. Art7.1 Unjform Allowance (TAl
AFSCME Proposal # 5 (5/26/2002)
(This is a package recommendation made in the interest of settlement All Issues not included in this proposal remain status quo.]

FORAFSCME FOR THE CITY OF PITTSBURG
Date:
3 27 June, 2022
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City of Pittsburg
Counter Proposal
To
AFSCME Local 512 Proposal #4
To
City of Pittsburg
May 26, 2022
NEW - 3.8 New Employee Orientation.

A. The City agrees that each newly hired employee, or employee who is new to the Local 512 bargaining unit by way of transfer, reclassification, demotion, or promotion, shall be instructed to participate in an on-boarding during regular working hours without loss in compensation. Newly hired employees include any employee, whether permanent, temporary, full time, part time or permanent intermittent.

B. The City will provide written notice of new employee orientations (no matter how few participants, and whether in person, online or through other means or mediums) to the Union, at least ten (10) days prior to the event. In the event that the City provides less than ten (10) calendar days' notice or no notice and/or the Union is unable to attend the orientation, the Union will be provided with the opportunity to meet with new employees entering the Local 512 bargaining unit within seven (7) working days of the orientation for up to thirty (30) minutes (the department has the discretion to allow additional time if available) during regular working hours and on-site without loss in compensation. The make-up session is mandatory for the employee and shall be arranged in coordination with the Department and conducted by the Union. The name and worksite location of the employees will be submitted to the Union for follow-up within two (2) working days of the missed new employee orientation.

C. The new employee orientation notice provided to the Union will include the date, time, and location of the orientation. Also, the full name, classification, and department of all new employees shall be provided. New employee orientations may be done virtually if the Union requests. If done virtually the full name, classification, department, personal cell phone number, personal email addresses, and work email if available will be provided to the Union for each employee. If done virtually the department will provide a fully functional computer, webcam, and web microphone to each employee for this meeting.
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D. Representatives of the Union shall be permitted to make a presentation of thirty (30) minutes (the department has the discretion to allow additional time if available), and present written materials, during the orientation for which attendance is mandatory. No representative of management shall be present during the Union’s presentation.

E. Upon approval of the department and when available, the Union shall have the right to use the City’s facilities and audio-visual equipment to conduct new employee orientation sessions and make-up orientation meeting with newly hired employees in the bargaining unit.

F. A bargaining unit member attending orientation as a Union representative shall be given paid release time sufficient to cover the Union’s presentation and travel time. The Union will provide the names of any employees who they wish to be released at least 48 hours in advance to the Human Resources Manager, or designee.

G. The City Human Resources Department shall monthly furnish an electronic list in a Microsoft Excel file of all new hires to the Union including the following information: full name, job classification, Department, Employee Number, Job Type (full-time, part time, temporary, project, etc.), Work Location, work, home, and personal cellular telephone numbers, personal email addresses, work email addresses, home address, Bargaining Unit, Pay Step, Pay Rate, Pay Status (active, on leave, separated from employment, retiree etc.) on file with the City and/or the Department. The City shall also furnish a list of all the changes in status or representation of employees in a Microsoft Excel file. 1238
AFSCME Local 512 Modified Proposal #3 MPC
To
City of Pittsburg
June 20, 2022

6.15 Safety Shoes
The City shall provide for employees involved in construction or property inspection (e.g., engineering inspectors, public works supervisors and superintendents, public works inspectors) protective shoes. The type and style of such protective shoes shall be determined by the employee’s department director and shall be limited to one hundred eightythree hundred dollars ($300180) (including tax and any other costs) per fiscal year.

Mid-year replacement of worn or damaged protective footwear is permitted with the approval of the employee’s department director; however, no more than two pair of protective footwear will be provided to any one employee in a fiscal year.

If protective or safety clothing, such as tear resistant pants, high visibility clothing, chemical resistant clothing, or other clothing that is not categorized as safety equipment, is required as determined by the employee’s department director, to perform the employee's duties, the City shall provide said clothing and shall be limited to eighty dollars ($80) (including tax and any other costs) per fiscal year. 1239
AFSCME Local 512 Proposal #5
To
City of Pittsburg
May 26, 2022

7.1 Uniform Allowance (Misc. A)
The annual uniform allowance will be two three hundred forty dollars ($300240) for employees in the classifications of Lead Police Records Clerk, Police Records Clerk and Property and Evidence Coordinator. required to wear a work uniform. The followingEmployees in these classifications shall receive this uniform allowance for the term of this agreement: Lead Police Records Clerk, Police Records Clerk, Police Evidence Technician, Property and Evidence Coordinator, Lead Community Services Specialist and Community Services Specialist.

The uniform allowance is prorated to $11.53859.2308 and payable every pay period with a regular paycheck.

The annual uniform allowance will be six hundred dollars ($600) for employees in the classifications of Police Evidence Technician, Lead Community Services Specialist and Community Services Specialist required to wear a work uniform. Employees in these classifications shall receive this uniform allowance for the term of this agreement.

The uniform allowance is prorated to $23.0769 and payable every pay period with a regular paycheck.

The City Manager or designee shall prescribe minimum standards of appearance for employees. Different standards may be applied to different classes, depending upon the type of work required of the employees. Employees shall be neatly groomed and suitably dressed for their duties, so that they present a favorable appearance to the public.

If the City provides at City expense either a uniform allowance or uniforms, the City Manager or designee shall ordinarily require the employee to wear the prescribed uniform on duty. The City Manager or designee may require some employees who receive uniform allowances or who are furnished with uniforms, to wear other clothing on duty, either regularly or occasionally, if the needs of the department require it.

7.1 Uniform Allowance (MPC)
The annual uniform allowance will be two three hundred forty dollars ($300240) for the following classifications:
• Executive Assistant to the Chief of Police
• Police Records Supervisor
• Confidential Administrative Assistant, if assigned to the Police Department 1240
The uniform allowance is prorated to $11.53859.2308 and payable every pay period with a regular paycheck.

The Chief of Police shall prescribe minimum standards of appearance for police department employees. Different standards may be applied for different classes, depending upon the type of work required of the employees. Employees shall be neatly groomed and suitably dressed for their duties, so that they present a favorable appearance to the public.

If the City provides at City expense either a uniform allowance or uniforms, the Chief of Police shall ordinarily require the employee to wear the prescribed uniform on duty. The Chief of Police may require some employees who receive uniform allowances or who are furnished with uniforms, to wear other clothing on duty, either regularly or occasionally, if the needs of the department require it.
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Resolution No. 22- Page 1 of 2 July 18, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving the Terms and Conditions of ) RESOLUTION NO. 22- Employment for AFSCME Union, )
Local 512 for the period of July 1, 2022 )
Through June 30, 2025 )
WHEREAS, the most recent Memorandum of Understanding (MOU) between the City of Pittsburg and American Federation of State, County and Municipal Employees Miscellaneous A and Management/Professional/Confidential, Local 512 (AFSCME) expired on June 30, 2022; and
WHEREAS, after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, the City and AFSCME have reached a tentative agreement on the terms and conditions of employment; and
WHEREAS, terms identified within the AFSCME Miscellaneous A and MPC tentative agreements include annual cost of living increases and market equity adjustments based on a total compensation study of local survey agencies; and WHEREAS, additional contract term amendments include an increase in deferred compensation, changes to Winter Closure, release time for training, an increase in uniform and shoe allowance, and terms for new employee orientation; and WHEREAS, per Amendment 1, staff recommends the Laboratory Supervisor be eligible to receive certification pay including Water Distribution certificates D1 (1%) and D2 (2%), and a Water Education Incentive of $330 per month for a Grade III Water Quality Analyst certificate from the California Water Environment Association - American Water Works Association (CWEA/AWWA); and
WHEREAS, City representatives and the duly appointed representatives AFSCME have met and conferred in accordance with Section 3500 et seq. of the California Government Code; and
WHEREAS, the membership of AFSCME ratified the attached agreement on June 30, 2022; and
WHEREAS, upon adoption of this Resolution, the City Manager and staff will prepare a successor MOU that incorporates the agreed upon terms and conditions.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the tentative agreement between the City and AFSCME for the period of July 1, 2022 and June 30, 2025, authorizes the City Manager to prepare and execute a successor MOU, and authorizes corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-2024, and 2024-2025. 1243
Resolution No. 22- Page 2 of 2 July 18, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
1244

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for the Pittsburg Police Officers’ Association for the Period July 1, 2022 through June 30, 2025
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City of Pittsburg and Pittsburg Police Officer Association (POA) are proposing terms and conditions of employment for the period of July 1, 2022 through June 30, 2025 (Contract Period).

FISCAL IMPACT
The total net impact to the General Fund in Fiscal Year 2022-23 is $743,000 and will be reflected in the current budget. The costs associated with the terms and conditions for the remaining fiscal years of the Contract Period will be budgeted accordingly in future fiscal years.

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution approving the tentative agreement between the City and POA for the Contract Period, authorizing the City Manager to prepare and execute a successor Memorandum of Understanding (MOU), and authorizing corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-24, and 2024-25.

BACKGROUND
The City and POA started negotiation sessions in March 2022 to develop a successor MOU and after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, have reached a tentative agreement on the terms and conditions of employment that provides for a three-year contract, cost of living adjustments (COLAs) each year, and an amendment to the contract terms regarding education incentive pay, education reimbursement and pay upon promotion. The most recent POA MOU expired on June 30, 2022.
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POA membership ratified the parameters of the tentative agreement package on June 20, 2022.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
Following a comprehensive salary and benefits study and meetings between the City and POA, the City and POA tentatively agreed to a three-year contract term from July 1, 2022 through June 30, 2025 and wage increases competitive with market rates beginning with a four percent (4%) cost-of-living-adjustment (COLA) for the first full pay period following July 1, 2022; a four percent (4%) COLA for the first full pay period following July 1, 2023 and a four percent (4%) COLA for the first full pay period following July 1, 2024. The first full pay period of July 2022 runs between July 10th and July 24th and due to the holiday, this item has been agendized for July 18, 2022.

In recognition of the reduction in education incentive premium as part of the MOU for the Contract Period, the salary ranges for the represented classifications shall be increased by 2% effective the first full pay period following July 1, 2022. The City will continue to extend Education Incentive Pay to only those employees already receiving these amounts as of December 31, 2023. Employees must have enrolled in a qualified program on or before July 1, 2022. Employees earning a college degree after January 1, 2024 may receive an additional two and one-half percent (2.5%) of the employee’s base monthly salary upon proof of obtaining a Bachelor’s degree from a college or university (a) accredited by a regional accrediting organization such as the ACCJC, HLC, MSCHE, NECHE, SACSCOC, WASC, or WSCUC, and (b) recognized by POST.

In order to mirror other City contract language, the salary cap for salary upon promotion to Police Sergeant is proposed as the maximum range established for the class.

The Education Reimbursement per calendar year is proposed to be extended to Two Thousand Four Hundred Dollars ($2,400) for tuition and fees to Four Thousand Dollars ($4,000), and Three Hundred Dollars ($300) for textbooks and supplies, extended to Five Hundred Dollars ($500) for textbooks, supplies and equipment.

The POA membership ratified the parameters of the tentative agreement package on June 20, 2022.

The terms and conditions of the tentative agreement include the following amendments to the draft MOU:
1) Term (Section2)
2) Salaries (Section 5)
3) Retiree Medical (6.2.E)
4) Education Reimbursement (Section 6.10)
5) Education Incentive (Section 7.7)
Should the City Council approve these terms, staff will prepare a successor MOU that incorporates the agreed upon changes.
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ATTACHMENTS: Exhibit A – Comprehensive Tentative Agreement between the City of Pittsburg and Pittsburg Police Officers’ Association (POA) Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 1247

EXHIBIT A - TENTATIVE AGREEMENT
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June 24, 2022
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June 24, 2022
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Resolution No. 22- Page 1 of 2 July 18, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving the Terms and Conditions of )
Employment for the Pittsburg Police Officers’) RESOLUTION NO. 22- Association for the Period of July 1, 2022 )
Through June 30, 2025 )
WHEREAS, the most recent Memorandum of Understanding (MOU) between the City of Pittsburg and Pittsburg Police Officers’ Association (POA) expired on June 30, 2022; and
WHEREAS, after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, the City and POA have reached a tentative agreement on the terms and conditions of employment; and WHEREAS, staff recommends a three-year contract term, cost of living adjustments each year, amendments to the contract terms regarding education incentives and education reimbursement, a reopener to review the issue of retiree medical insurance, as well as other specific revisions to certain articles of the MOU be amended; and WHEREAS, City representatives and the duly appointed representatives of the POA have met and conferred in accordance with Section 3500 et seq. of the California Government Code; and
WHEREAS, the membership of the POA ratified the attached tentative agreement, attached as Exhibit A to the Staff Report, on June 20, 2022; and WHEREAS, upon adoption of this Resolution, the City Manager and staff will prepare a successor MOU that incorporates the agreed upon terms and conditions.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the tentative agreement between the City and POA for the period of July 1, 2022 and June 30, 2025, authorizes the City Manager to prepare and execute a successor MOU, and authorizes corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-2024, and 2024-2025.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
1255
Resolution No. 22- Page 2 of 2 July 18, 2022
ATTEST:
_________________________
Alice E. Evenson, City Clerk
1256

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Amending the Management Group and Senior Executive Team Salary and Benefit Schedules MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
In accordance with Pittsburg Municipal Code, Title II, Chapter 2.08.090, the City Council shall determine and set salary and benefit levels for City employees. The Management Group and Senior Executive Team are unrepresented employee groups. Positions within these groups are at-will and serve at the pleasure and direction of the City Manager.

Historically, the City Council has aligned comprehensive compensation level adjustments of the Management Group and Senior Executive Team with the City’s Management/ Professional/Confidential (MPC) Unit represented by the American Federation of State, County, and Municipal Employees (AFSCME) Union, Local 512.

The City and AFSCME Union representatives started negotiation sessions in March 2022 to develop a successor Memorandum of Understanding (MOU) and have reached a tentative agreement on the terms and conditions of employment between July 1, 2022 and June 30, 2025 that provides for a three year contract term and amendments to the contract terms regarding cost of living adjustments (COLAs) each year, market equity adjustments, deferred compensation and terms of Winter Closure. Should the City Council approve the terms of the AFSCME MPC tentative agreement, reflected changes will be incorporated into the Management Group and Senior Executive Team Salary and Benefit Schedules.

FISCAL IMPACT
The total net impact to the General Fund in FY 2022-23 is approximately $170,000 for implementation of this agreement. An adoption of updated salary schedules will be presented to Council at a later date. Costs associated with changes to the terms of the MOU will be budgeted accordingly in future fiscal years.
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RECOMMENDATION
In accordance with the Pittsburg Municipal Code, the City Council is asked to approve the Salary and Benefits Schedule amendments for employees in the Management Group and Senior Executive Team the period of July 1, 2022, through June 30, 2025.

BACKGROUND
On June 27, 2022, the AFSCME Union ratified a tentative agreement and authorized the City Manager to prepare and execute a successor Memorandum of Understanding (MOU) for the period of July 1, 2022 – June 30, 2025. The tentative agreement provided for July 1, 2022 through June 30, 2025 to incorporate competitive market rate wage increases beginning with a five percent (5%) cost-of-living-adjustment (COLA) for the first full pay period following the later of the City Council adoption or July 1, 2022; a four percent (4%) COLA following the later of the City Council adoption or July 1, 2023 and a three percent (3%) COLA following the later of the City Council adoption or July 1, 2024.

Additionally, effective the first full pay period following the August 1, 2022, the City shall provide a Market Equity Increase for each classification with a total compensation of more than five percent (5.0%) below market median, as determined by the Koff and Associates’ Total Compensation Survey (“Survey”). The Market Equity Adjustment will be an increase to base pay and will be made in three equal increases, with the first year increase occurring the first full pay period following August 1, 2022 and each subsequent year increase occurring in the first full pay period following July 1 of the fiscal year.

An increase in the “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of $150 per month from $125 per month and a “matching” contribution for participating regular part-time employees up to a maximum of $62.50 per month to $75 per month.

For Unrepresented Management employees, effective the first full pay period following the later of City Council adoption or July 1, 2022, the 1.925% deduction will cease and the City will no longer deduct 1.54 hours per pay period. Beginning with the 2022-23 Fiscal Year, the In lieu of Winter Closure, will occur as follows. Non-essential City operations will be closed to the public between the Christmas and New Year’s Day holidays. However, the City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. Employees will be encouraged to take time off, however, it will not be a requirement. Employees electing to take time off may choose to take vacation, compensatory time, floating holiday time or unpaid time during the closure period. The use of unpaid leave during winter closure time will not negatively impact nonaccrued benefits such as the employee’s qualification for paid holidays on December 25 or January 1; or qualification for health and welfare benefits. However, additional paid leaves do not accrue during unpaid leave time. Employees who choose to work on a City closure day may be assigned to perform duties outside of their normal job duties. Any assigned duties must be reasonable in nature. The City Manager may also choose to close some or all City facilities to the public while maintaining operational staffing levels to allow staff to complete special projects or reduce work backlogs.
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SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
In accordance with the Pittsburg Municipal Code, the City Council is asked to approve the Salary and Benefits Schedule amendments for employees in the Management Group and Senior Executive Team the period of July 1, 2022, through June 30, 2025.

For additional details of the amended changes, please refer to Exhibits – Management Group and Senior Executive Team Salary and Benefits Schedules.

ATTACHMENTS:

Exhibit A – Management Group Salary and Benefits Schedule Exhibit B – Senior Executive Team Salary and Benefits Schedule Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 1259
Resolution No. 22- Page 1 of 2 July 18, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

City Council Resolution Amending the ) RESOLUTION NO. 22- Management Group and Senior Executive )
Team Salary and Benefits Schedules )
WHEREAS, historically, the City Council has aligned comprehensive compensation level adjustments of employees in the Management Group and Senior Executive Team with the City’s Management/Professional/Confidential (MPC) Unit represented by the American Federation of State, County, and Municipal Employees (AFSCME) Union, Local 512; and
WHEREAS, on June 27, 2022, the AFSCME MPC Unit ratified a tentative agreement for the period of July 1, 2022 – June 30, 2025; and WHEREAS, the City Council’s adoption of the tentative agreement identified with AFSCME MPC will align the Management Group and Senior Executive Team with the terms identified within the tentative agreement; and
WHEREAS, terms identified within the AFSCME MPC tentative agreement include annual cost of living increases, market equity adjustments based on a total compensation study of local survey agencies, deferred compensation increase and changes to the terms of the Winter Closure; and
WHEREAS, the City Manager recommends amending the Salary and Benefits Schedules for the Management Group and Senior Executive Team to align with the comprehensive compensation level adjustments adopted in the MPC Unit tentative agreement; and
WHEREAS, pursuant to the City’s Municipal Code, Title II, Chapter 2.08.090, the City Council shall determine and set salary and benefit levels for City employees.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg does hereby adopt this Resolution amending the Management Group and Senior Executive Team Salary and Benefits Schedules and authorizes corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023- 2024, and 2024-2025.
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Resolution No. 22- Page 1 of 2 July 18, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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EXHIBIT A
City of Pittsburg
Management Group Salary & Benefits Schedule
Effective July 11, 2021July 10, 2022

1. POSITIONS COVERED.................................................................................................. 2

2. SALARIES...................................................................................................................... 2

2.1 Winter Closure............................................................................................................... 2

3. BENEFITS ...................................................................................................................... 3

3.1 Medical........................................................................................................................... 3

3.2 Retiree Medical – hired before January 1, 2012.......................................................... 4

3.3 Dental ............................................................................................................................. 5

3.4 Medical and/or Dental Alternative................................................................................ 5

3.5 Flexible Benefits Plan ................................................................................................... 6

3.6 Life Insurance................................................................................................................ 6

3.7 Long-Term Disability..................................................................................................... 6

3.8 Deferred Compensation................................................................................................ 6

3.9 Retirement ..................................................................................................................... 7

3.10 Social Security .............................................................................................................. 8

3.11 Education Reimbursement........................................................................................... 8

3.12 Employee Assistance Program.................................................................................... 8

3.13 Professional Association Dues.................................................................................... 8

3.14 Professional Certifications........................................................................................... 9

4. LEAVES.......................................................................................................................... 9

4.1 Administrative Leave .................................................................................................... 9

4.2 Vacation Accrual & Usage............................................................................................ 9

4.2.1 Accruals ....................................................................................................................... 9

4.2.2 Use of Vacation ........................................................................................................... 9

4.2.3 Minimum Use................................................................................................................ 9

4.2.4 Vacation Buyback ........................................................................................................ 9

4.2.5 Holidays Falling During Vacations ........................................................................... 10

4.2.6 Service Achievement Incentive Plan ........................................................................ 11

4.3 Sick Leave Accrual & Usage ...................................................................................... 12

4.3.1 Definitions................................................................................................................... 12

4.3.2 Limitations .................................................................................................................. 12

4.3.3 Accruals ...................................................................................................................... 12

4.3.4 Unused Sick Leave .................................................................................................... 12

4.3.5 Sick Leave Incentive .................................................................................................. 12

4.4 Personal Necessity Leave .......................................................................................... 14

4.5 Holidays/Holiday Pay/Floating Holidays ................................................................... 14

4.6 Catastrophic Leave ..................................................................................................... 14

4.7 Bereavement Leave .................................................................................................... 16

4.8 Compensation (Workers’ Comp Salary Continuation) Leave.................................. 16

4.9 Leave without Pay....................................................................................................... 16

5. STANDARD HOURS OF WORK & OVERTIME........................................................... 16 Appendix A. ................................................................................................................. 17 1262

Management Group Salary & Benefits Schedule

1. POSITIONS COVERED
This Booklet includes a summary of benefits for all classifications designated as the Management Group. All covered positions are at-will appointments, serving at the pleasure of the City Manager.

Positions included in this group are listed in Appendix A.

Whenever there exists a conflict between this document and an employment contract, if any, then said employment contract shall prevail.

2. SALARIES
Salary ranges for covered positions shall be as set forth in Appendix A, which is attached hereto and made a part hereof.

In accordance with Personnel Rule 12.1, Salary Plan, no person may be paid less than the minimum, nor more than the maximum of the salary range for the class in which employed. Further, because the Management Group has a salary range, and not salary steps, no person’s salary automatically changes when the salary range changes. Advance within a salary range is based on performance and requires the approval of the City Manager.

2.1 Winter Closure
Beginning July 5, 2015, the City shall implement 40.00 hours of an unpaid winter closure in each fiscal year. This shall be accomplished by a mandatory wage reduction of one point nine two five percent (1.925%). The Winter Closure shall take place sometime during the period of December 1 and January 31 of each fiscal year and shall consist of forty (40) hours of time off during that time frame. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. This winter closure shall become the status quo.

To accomplish a one point nine two five percent (1.925%) reduction in pay, bargaining unit members will have their salaries reduced by 1.54 hours per pay period beginning July 5, 2015. The hours will be noted as a separate line item deduction on the employee’s paycheck and will equal 1.54 times the hourly rate of pay in effect at the time of the deduction. This deduction will not otherwise reduce the bargaining unit member’s existing base salary amount for City benefit accrual purposes.

If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time).

Beginning on July 5, 2015, the City implemented a 40-hour unpaid “Winter Closure” accomplished by a one point nine two five percent (1.925%) reduction in pay (1.54 hours per pay period).
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Management Group Salary & Benefits Schedule
Effective the first full pay period following the later of City Council adoption or July 1, 2022, the 1.925% deduction will cease and the City will no longer deduct 1.54 hours per pay period.

Beginning with the 2022-23 Fiscal Year, the Winter Closure, will occur as follows.

Non-essential City operations will be closed to the public between the Christmas and New Year’s Day holidays. However, the City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. Employees will be encouraged to take time off, however, it will not be a requirement. Employees electing to take time off may choose to take vacation, compensatory time, floating holiday time or unpaid time during the closure period.

The use of unpaid leave during winter closure time will not negatively impact the employee’s qualification for paid holidays (e.g., December 25 or January 1); or qualification for City-paid health benefits. However, additional paid leaves do not accrue during unpaid leave time.

Employees who choose to work on a City closure day may be assigned to perform duties outside of their normal job duties. Any assigned duties must be reasonable in nature.

Closure of Facilities to the Public
The City Manager may also choose to close some or all City facilities to the public while maintaining operational staffing levels to allow staff to complete special projects or reduce work backlogs.

3. BENEFITS

3.1 Medical
The City will provide a medical insurance plan through Kaiser Permanente and will make every reasonable effort to maintain a second option through a Non-Kaiser HMO plan that allows members to choose their physician based on that physician’s ability to accept coverage through said plan.

City’s contribution toward medical insurance
Effective January 1, 2019, the City’s contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) for medical insurance shall be set at one hundred percent (100%) of the Kaiser Permanente premium rate. Employees electing to enroll in a medical insurance plan with premium rates higher than the Kaiser Permanente premium rate shall be required to pay the difference in premium rates between the Kaiser Permanente premium rate and the higher plan premium rate selected by the employee.

City’s contribution toward regular part-time employees
Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's 1264

Management Group Salary & Benefits Schedule
paycheck. The City’s contribution rate will be the above rate regardless of which of the City’s group health plans (Kaiser or Non-Kaiser HMO Plan) employees and their dependents participate in.

3.2 Retiree Medical – hired before January 1, 2012
A. Effective January 1, 2012 and only for those regular employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below:

1. Retired employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or

2. Retired employee with a minimum of twenty (20) but fewer than twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or

3. Retired employee with a minimum of twenty-five (25) years of fulltime regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retiree’s spouse.

4. Within the confines of Retiree Medical Insurance, the term “full-time regular City service” shall also include hourly service for those fulltime employees who transitioned from hourly status to regular status during the period of 1994 through 1998.

5. A retired employee’s spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to participate in the City’s offered retiree health insurance program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee.

6. The City’s contribution toward retiree health insurance, and the retiree and/or retiree’s spouse’s participation in the City’s offered retiree health insurance, shall end at the end of the month following the retired employee’s sixty-fifth (65th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the City’s contribution toward the surviving spouse’s monthly premium shall continue until the end of the month following what would have been the retired employee’s sixty-fifth (65th) birthday.

7. Exclusions – The benefits described above shall apply to all current and future retirees except for the following exclusions:
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Management Group Salary & Benefits Schedule
a. Retirees who do not retire directly from City service; or b. Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or
c. Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or
d. Retirees who fail to comply with any requirements as described in ‘verifications”; or
e. Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement.

Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or

8. Verification – Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility.

B. Employees hired on or after January 1, 2012 will be provided a Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute seventy-five ($75) per month.

Participation in the plan is required by the employee;

3.3 Dental
The City contributes one hundred percent (100%) of the dental insurance premium for a full-time employee and his/her eligible dependents.

Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's paycheck.

3.4 Medical and/or Dental Alternative
An employee eligible for the City’s sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, three-hundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage. 1266

Management Group Salary & Benefits Schedule
An employee eligible for the City’s sponsored dental insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00).

A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time employee.

3.5 Flexible Benefits Plan
The City offers an Internal Revenue Code Section 125 Plan that contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account. Employee participation is on an optional basis. The City shall provide and pay all costs of administering the plan.

Effective January 1, 2018, the City shall make an annual contribution (January 1 of each year) of $100.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The City shall also make an annual “matching” contribution (January 1 of each year) of up to $100.00 to the flexible spending account for each medical plan subscriber for a maximum annual City contribution of $200.00. Any employee enrolling into a medical plan after January 1 shall have a prorated amount contributed into the account.

3.6 Life Insurance
The City provides, at its expense, a Life Insurance/Accidental Death & Dismemberment policy for each employee at the coverage amount of 1&1/2 times their annual salary to a maximum benefit of two hundred fifty thousand dollars ($250,000).

3.7 Long-Term Disability
The City provides, at its expense, long-term disability benefits for covered positions. This plan provides a benefit of 60% of the monthly salary to a maximum salary of fifteen thousand dollars ($15,000) a month to a maximum benefit of nine thousand dollars ($9,000) a month, after a one hundred eighty (180) day waiting period.

3.8 Deferred Compensation
Effective September 9, 2018 tThe City will make a “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of one-hundred twenfifty-five dollars and zero cents ($1250.00) per month. The City will make a “matching” contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of sevenixty-fivetwo dollars and fifty cents ($7562.50) per month.
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Management Group Salary & Benefits Schedule

3.9 Retirement
All current and new employees will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees’ Pension Reform Act of 2013 (PEPRA).

A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the City’s non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees’ Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.

The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula:
a. One Year Final Compensation (Section 20042)
b. Annual Cost-of-Living Increase at 3% (Section 21335) c. Military Service Credit as Public Service (Section 21024) d. Credit for Unused Sick Leave (Section 20965)
e. EPMC as Additional Compensation (Section 20691)
B. For all represented employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the City’s non-safety PERS benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees’ Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a thirty-six month period (“3 year average”) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula:
a. Military Service Credit as Public Service (Section 21024) b. Credit for Unused Sick Leave (Section 20965)
c. EPMC as Additional Compensation (Section 20691)
Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share.

C. For all represented employees hired on or after January 1, 2013, who are considered “new members” under California Government Code Section 7522.04(f) shall be in the 2% at 62 CalPERS retirement formula described in Government Code Section 7522.20(a). In addition, “new members” shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs.
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Effective for Fiscal Year 2017/18 and implemented on July 2, 2017 all employees within the unit will contribute an additional 1% of salary towards pension costs for a total of 8%.

Effective July 1, 2018, all classic employees within the unit shall contribute an additional one-half of one percent (.5%) of salary towards CalPERS unfunded accrued liability pension costs for a total of 8.5%.

Effective July 14, 2019, all classic employees within the unit shall contribute an additional one-half of one percent (.5%) of salary towards CalPERS unfunded accrued liability pension costs for a total of 9%.

3.10 Social Security
All non-safety employees shall have coverage under Federal Social Security in accordance with the provisions of law. This program requires contributions by both the employee and the employer in accordance with schedules provided by the Federal Government.

3.11 Education Reimbursement
When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of 100% of tuition charges, fees, the cost of textbooks and supplies or twenty-four hundred dollars ($2400), whichever is lower, each calendar year the employee is enrolled in approved training.

Additionally, the City will reimburse 50% of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between $2400 and $3000.

Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of "C", or better or in cases of courses offered as pass/fail, a grade of pass.

Costs for education reimbursement come from each individual departmental budget.

A regular part-time employee shall be eligible for a pro-rated amount of tuition reimbursement.

3.12 Employee Assistance Program
The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per incident per year.

3.13 Professional Association Dues
The City pays for membership dues in applicable professional associations, subject to approval of the City Manager.
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3.14 Professional Certifications
An Assistant Director of Planning who possesses an active and valid American Institute of Certified Planners (AICP) Certification shall receive an additional five percent (5%) of base pay for AICP Certification.

4. LEAVES

4.1 Administrative Leave
Exempt employees receive a maximum of ninety-six (96) hours Administrative Leave each calendar year. Said hours are credited to the employee's Administrative Leave time bank each January 1st such that the January 1st balance is exactly ninety-six (96) hours. This benefit is made available on a "use or lose" basis and as such may not be carried from one calendar year to the next. All requests for Administrative Leave are to be reviewed and approved by the City Manager.

4.2 Vacation Accrual & Usage

4.2.1 Accruals:

The vacation accrual rate shall be:

Years of
Pittsburg Regular Service Accrual Rate
0-5 Years Accrue 3.08 hours per pay period (10 days)
6-10 Years Accrue 4.62 hours per pay period (15 days)
11 Years Accrue 4.92 hours per pay period (16 days)
12 Years Accrue 5.23 hours per pay period (17 days)
13 Years Accrue 5.54 hours per pay period (18 days)
14 Years Accrue 5.85 hours per pay period (19 days)
15-19 Years Accrue 6.15 hours per pay period (20 days)
20 and more years Accrue 7.69 hours per pay period (25 days) Regular part-time employees shall accrue vacation in the amount proportionate to the ratio of scheduled hours of work per work week to the standard work week, but in no case shall the number of days of vacation accrued per year exceed those days allowed for a similarly classified regular full-time employee.

4.2.2 Use of Vacation:

Vacation shall be taken at such time as is mutually convenient for the department and the employee.

1. Maximum Accumulation: The maximum accrual allowed is two times annual accrual to a maximum of three hundred and eighty (380) hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback.
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During the declared local emergency for COVID-19, the maximum vacation accrual limit shall be suspended temporarily and reinstated 12 months follow the end of the declared emergency. During the declared local emergency and prior to the reinstatement of the maximum vacation accrual limit, accrued vacation hours above three hundred eighty (380) hours will have no cash value upon separation of employment. Upon reinstatement of the maximum vacation accrual limit, unused accrued vacation hours in excess of three hundred eighty (380) hours will be lost.

2. Double Compensation Prohibited: Employees shall not work for the City during their vacation.

4.2.3 Minimum Use:

Employees must use a minimum of 40 hours of vacation per year. Any exception to this rule must be approved by the City Manager to be eligible for vacation buyback.

4.2.4 Vacation Buyback:

Employees may receive vacation pay in lieu of paid time-off, subject to the follow limitations. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that “buyback” will result in increased costeffectiveness and efficiency to the City as determined by the City Manager.

Employee may elect to sell back to a maximum of eighty (80) hours of vacation per calendar year. Employees desiring to sell back vacation must file an irrevocable election identifying the number of vacation leave hours they will sell back in November (November 1-21) of the tax year preceding the sell back. The election will apply only to vacation leave hours accrued in the following tax year and the employee may elect that the pay-out occurs in either the last full pay period in September or the first full pay period in December. Employees who do not pre-designate a sell back amount by the annual deadline will be deemed to have waived the right to sell back any vacation leave in the following tax year and will not be eligible to sell back vacation leave in that year. Vacation hours bought back shall be paid at the employee’s normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class pay. The City Manager may authorize buyback in excess of the eighty (80)-hour limit in urgent and/or emergency situations.

Effective July 1, 2014 the total City-wide allocation for the buyback program will be $160,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 – 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $160,000 employee will receive, upon the City Manager’s approval, payment as noted above. If the total dollar value of the requests exceeds $160,000, request hours will be pro-rated and employees paid accordingly. Should this occur, employee will be credited 1271

Management Group Salary & Benefits Schedule
with vacation hours in excess of those hours determined eligible for the buyback program.

Individual employees may elect to have payouts of vacation leave deposited directly into the employee’s account in the City’s deferred compensation 457b Plan. If the employee does not so elect or if the funds cannot lawfully be deposited into the employee’s deferred compensation account (e.g., if they would exceed the maximum contribution), the payout will be included in the employee’s paycheck for the applicable pay period.

The prior-year pre-election requirement set forth in this section will be effective for vacation payouts occurring in Fiscal Year 2022 and later. For 2021 only, employees will be permitted to file two elections: (1) the first for payout of vacation in December of 2021 and (2) the second for payout of vacation in calendar year 2022.

As part of the City’s open enrollment packet each year, the City shall provide all employees with a copy of the Irrevocable Vacation Pay-Out Election form.

In the event the IRS issues an official circular letter or regulation rescinding the constructive receipt tax issue concerning vacation cash-out as identified in PLR 2001-30015, the annual pay out will revert to the process described in the June 21, 2021 Salary and Benefits Schedule.

4.2.5 Holidays Falling During Vacations:

When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employee’s compensation for that day shall be holiday and shall not be paid or charged as vacation.

4.2.6 Service Achievement Incentive Plan:

The City acknowledges the value of retaining experienced employees. In recognition of previous years of full-time continuous service with the City, the City shall implement a Service Achievement Incentive Plan as follows:

1. At the completion of five (5) years of service, the employee shall receive forty (40) hours of vacation to be added to the employee’s reserve vacation bank.

2. At the completion of ten (10) years of service, the employee shall receive fifty (50) hours of vacation to be added to the employee’s reserve vacation bank.

3. At the completion of fifteen (15) years of service, the employee shall receive sixty (60) hours of vacation to be added to the employee’s reserve vacation bank.
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4. At the completion of twenty (20) years of service, the employee shall receive seventy (70) hours of vacation to be added to the employee’s reserve vacation bank.

5. At the completion of twenty-five (25) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

6. At the completion of thirty (30) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

7. At the completion of thirty-five (35) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

8. At the completion of forty (40) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

9. Upon initial implementation of the Service Achievement Incentive Plan, effective July 1, 2018:
a) Employees with at least five (5) years, but less than ten (10) years of full-time continuous service with the City shall receive a preliminary reserve vacation bank of twenty (20) hours. b) Employees with 10 years or more of full-time continuous service with the City shall receive a preliminary reserve vacation bank of 40 hours.

10. The Service Achievement Incentive Plan bank shall not have a vacation leave accrual limit. However, as of the last pay period in December of each year, the City will contribute the balance of each employee’s Service Achievement Incentive Plan bank in excess of eighty (80) hours directly into the employee’s account in the City’s deferred compensation 457b Plan. In the event the direct contribution is disallowed or has a negative impact on the Plan’s qualified status, the City will address that concern.

Employees may utilize the reserve vacation bank accrued hours in accordance with section 4.2.2 - Use of Vacation.

4.3 Sick Leave Accrual & Usage

4.3.1 Definitions:
“Sick leave” shall apply only to instances wherein an employee, because of sickness or injury, is unable to perform their regular duties.

4.3.2 Limitations:
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Management Group Salary & Benefits Schedule
Sick leave with pay shall be granted to all employees as provided for below.

Sick leave may be used for sickness or injury arising out of an employee’s work for the City, as well as for sickness or injuries which are not work connected. Sick leave shall not be considered as a right which an employee may use at their discretion but shall be allowed only in case of necessity and actual personal sickness, disability; provided, however, that any employee who engages in any gainful business or employment while on sick leave shall be subject to dismissal. Provided further, that sick leave may not be used if the sickness or injury results from an employee’s outside employment.

4.3.3 Accruals:

Regular full-time employees shall accrue sick leave at the rate of eight (8) hours per month.

Regular part-time employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each month exceed eight (8).

4.3.4 Unused Sick Leave:

Unused sick leave may be accumulated. There are no maximum accrual limits for sick leave. No payment shall be made for accumulated sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to service credit.

4.3.5 Sick Leave Incentive:

Employees who use no sick leave in any payroll year quarter shall have four (4) hours credited towards vacation with a maximum accrual during any one (1) year to be sixteen (16) hours.

Any hours taken under the Emergency Paid Sick Leave Act (up to 80 hours of paid sick leave for COVID-19 related events) will not disqualify an employee from this sick leave incentive.

4.3(f) Verifications:

Sick leave for consecutive periods of time exceeding three working days will be allowed only upon presentation to the employee's supervisor of a certificate from a licensed physician stating the nature of the illness and acknowledging the employee's inability to work for the period involved.

Notwithstanding the above language, an employee who has been on sick leave for less than three working days may be required to present medical verification of their sickness in the event that the supervisor demonstrates that the employee has a demonstrated pattern of possible sick leave abuse, which includes the use of numerous sick days in conjunction with days off, or establishes that the employee has used a disproportionate number of sick days in comparison to other similarly situated employees, and said illnesses/injuries do not appear to be job-related.
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4.3(g) Notifications:

Employees must notify their supervisor prior to the beginning of any working shift at which they will not report for work and for which they desire to use sick leave.

4.3(h) Compensation:

Full pay and allowances will accrue to employees during periods of authorized sick leave.

4.3(i) Unearned Sick Leave:

Employees may not "borrow" on unearned sick leave.

4.4 Personal Necessity Leave
Employees may use a maximum of thirty-two (32) hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this section, personal necessity shall mean the employee requests leave from their work to attend to personal business that cannot be dispensed with off duty. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the City Manager. Personal necessity leave is considered use of sick leave.

4.5 Holidays/Holiday Pay/Floating Holidays
All employees shall be entitled to the following paid holidays each year:

1. January 1st – New Year’s Day

2. Third Monday in January – Martin Luther King

3. February 12th – Lincoln’s Day

4. Third Monday in February – Washington’s Day

5. March 31st – Cesar Chavez Day

6. Last Monday in May – Memorial Day

7. July 4th – Independence Day

8. First Monday in September – Labor Day

9. Second Monday in October – Columbus Day

10.November 11th – Veteran’s Day

11.Fourth Thursday in November – Thanksgiving Day

12.Day Following Thanksgiving – Friday following Thanksgiving

13.December 25th – Christmas Day

14.Sixteen (16) hours of floating holiday.

Holidays falling on a Saturday will be observed on the preceding Friday.

Holidays falling on a Sunday will be observed on the following Monday.

Holidays falling during the week will be observed on the actual day.

4.6 Catastrophic Leave
The Catastrophic Leave Program is designed to assist employees who have exhausted paid time credits due to an employee’s or their immediate family member’s serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can 1275

Management Group Salary & Benefits Schedule
remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury.

4.6(a) Definitions:

1. Catastrophic Illness or Injury – A medically certified illness, injury impairment, physical or mental condition of an employee or an employee’s immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more.

The term “immediate family member” shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-inlaw.

2. Leave to be donated – Vacation or sick leave.

4.6(b) Eligibility:

1. Donors
a. Only regular employees are eligible to donate accrued vacation or sick leave.
b. Donating employees may not reduce their balance of earned vacation or sick leave below forty (40) hours by reason of such donation.

2. Recipients
a. Only regular employees may participate in the Catastrophic Leave program.
b. Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human
Resources Department with the application.
c. All accumulated time, sick leave, vacation time and
administrative leave must have been exhausted.
d. A request for a leave of absence without pay for medical reasons has been submitted and approved.
e. Request for participation in the program shall be made on an Application for Catastrophic Leave Program form (available in Human Resources).

4.6(c) Procedures:

1. Donations must be a minimum of one (1) day at a time and submitted on the appropriate donation form.

2. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employee’s sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee.

3. Donations, once made, are irrevocable.

4. Any period of donated leave may be counted as Family and Medical Leave time.

5. Employees may not remain on catastrophic leave or receive leave donations for a continuous period exceeding six (6) calendar months. 1276

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6. Verification of catastrophic illness must be submitted by a licensed physician to Human Resources.

7. Employees are eligible for this benefit only once during their employment with the City.

8. Employees must have accumulated a minimum of one hundred and twenty (120) hours of sick leave or eighty (80) hours of vacation time before a donation can be made.

4.7 Bereavement Leave
Employees shall be entitled to three (3) working days off with pay whenever there is a death in their immediate family. For purposes of this section, the immediate family shall consist of spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, stepparents, half-brothers, half-sisters, fathers-in-law and mothers-in-law.

Time off for funerals or bereavement leave must be taken within six (6) months of the death of the immediate family member. In the event an employee desires to take additional time off with pay in excess of that provided for a death in the immediate family, or in the event the employee desires to attend the actual funeral or service of active or retired City officials, employees, or other family members not covered in this section, and if the employee has unused vacation or sick leave, the employee may take such additional time off or, the time necessary to attend such funeral, and charge it against his/her unused vacation, compensatory time, and/or sick leave.

4.8 Compensation (Workers’ Comp Salary Continuation) Leave Employees are covered by Workers' Compensation benefits pursuant to the statutes of the State of California. For non-safety employees, over and above the Workers' Compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees' sixtieth (60th) calendar day of work loss. After the sixtieth (60th) calendar day, benefits shall be paid pursuant to the statutes of the State of California.

4.9 Leave without Pay
Employees may receive authorization for an unpaid leave of absence for up to six (6) months, with the approval of the City Manager.

5. STANDARD HOURS OF WORK & OVERTIME
The City has determined that all classifications within this unit are exempt and are therefore not eligible for overtime in accordance with Title 29, Part 541 of the Code of Federal Regulations, FLSA.

During a labor dispute, a natural or war-caused disaster, or other emergency situation, the City Council, by motion, or the City Manager may authorize overtime pay for members within this unit who are customarily not entitled thereto. The City’s standard work week is forty (40) hours.
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Appendix A.

A. Fiscal Year 2021/22/23 monthly full-time salary ranges are:

Effective July 101, 20221
Classification Minimum Maximum
Assistant Director of Finance 11,51610,968 13,32913,995 Assistant Director of Economic Dev. And Recreation 10,968 13,329 Assistant Director of Planning 10,96811,516 13,32913,995 Assistant to the City Manager 10,53511,062 12,80413,444 City Engineer 11,74112,328 14,27114,985
Deputy Chief Information Systems Officer 11,516 13,995
Director of Recreation and Maintenance Services 11,741 14,271 Director of Water Utilities 13,440 16,334
Executive Assistant 6,1686,476 7,4977,872
Human Resources Manager 10,535 12,804
Power Company Manager 11,74112,328 14,27114,985
Water Utilities Manager 12,328 14,985
Effective July 9, 2023
Classification Minimum Maximum
Assistant Director of Finance 11,977 14,555
Assistant Director of Planning 11,977 14,555
Assistant to the City Manager 11,504 13,982
City Engineer 12,821 15,584
Deputy Chief Information Systems Officer 11,977 14,555
Executive Assistant 6,735 8,187
Power Company Manager 12,821 15,584
Water Utilities Manager 12,821 15,584
Effective July 7, 2024
Classification Minimum Maximum
Assistant Director of Finance 12,336 14,991
Assistant Director of Planning 12,336 14,991
Assistant to the City Manager 11,850 14,401
City Engineer 13,206 16,052
Deputy Chief Information Systems Officer 12,336 14,991
Executive Assistant 6,937 8,432
Power Company Manager 13,206 16,052
Water Utilities Manager 13,206 16,052
B. Whenever an individual is employed in a listed classification with a monthly salary listed, at less than full-time, then said employee shall receive a pro-rata equivalent of the stated monthly salary.

C.Off Salary Range One-Time-Only Payment
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Management Group members who are City employees during the first pay period following City Council adoption of the resolution authorizing amendments to the Salary and Benefits Schedule will receive a one-time lump sum payment of $1,000.

Employees may elect to have the lump sum payment deposited into their 457b Plan deferred compensation account (subject to IRS maximum contributions limits). If the employee does not elect to deposit the lump sum payment into their deferred compensation account or if the money cannot be lawfully deposited, it will be included in the employee’s paycheck for the applicable pay period. This lump sum payment is non-pensionable and will not be reported to CalPERS.

D.The City shall finance a classification and compensation study to be performed by an outside professional consultant for all Management Group classifications during Fiscal Year 2021/22.

The City intends the total compensation survey to provide information to support consideration of market-based equity adjustments for individual classifications in future fiscal years. Any equity adjustments will consider both the total compensation survey results and the City’s financial recovery.
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EXHIBIT B
City of Pittsburg
Senior Executive Team Salary & Benefits Schedule
Effective July 11, 2021July 10, 2022

1. POSITIONS COVERED............................................................................................. 2

2. SALARIES................................................................................................................. 2

2.1 Winter Closure ......................................................................................................... 2

3. BENEFITS................................................................................................................. 3

3.1 Medical...................................................................................................................... 3

3.2 Retiree Medical – hired before January 1, 2012 .................................................... 4

3.3 Dental........................................................................................................................ 5

3.4 Medical and/or Dental Alternative .......................................................................... 5

3.5 Flexible Benefits Plan.............................................................................................. 6

3.6 Life Insurance .......................................................................................................... 6

3.7 Long-Term Disability ............................................................................................... 6

3.8 Deferred Compensation .......................................................................................... 6

3.9 Retirement................................................................................................................ 7

3.10 Social Security ......................................................................................................... 8

3.11 Education Reimbursement ..................................................................................... 8

3.12 Employee Assistance Program .............................................................................. 9

3.13 Professional Association Dues .............................................................................. 9

3.14 Exclusions................................................................................................................ 9

4. LEAVES .................................................................................................................... 9

4.1 Administrative Leave............................................................................................... 9

4.2 Vacation Accrual & Usage ...................................................................................... 9

4.2.1 Accruals.................................................................................................................... 9

4.2.2 Use of Vacation...................................................................................................... 10

4.2.3 Minimum Use ......................................................................................................... 10

4.2.4 Vacation Buyback.................................................................................................. 10

4.2.5 Vacation Conversion to 401(a) Contribution ....................................................... 11

4.2.6 Holidays Falling During Vacations....................................................................... 11

4.2.7 Service Achievement Incentive Plan.................................................................... 12

4.3 Sick Leave Accrual & Usage................................................................................. 13

4.3.2 Limitations.............................................................................................................. 13

4.3.3 Accruals.................................................................................................................. 13

4.3.4 Unused Sick Leave ................................................................................................ 13

4.3.6 Verifications ........................................................................................................... 14

4.3.7 Notifications ........................................................................................................... 14

4.3.8 Compensation........................................................................................................ 14

4.3.9 Unearned Sick Leave............................................................................................. 14

4.4 Personal Necessity Leave..................................................................................... 14

4.5 Holidays/Holiday Pay/Floating Holidays.............................................................. 14

4.6 Catastrophic Leave................................................................................................ 15

4.6.1 Definitions .............................................................................................................. 15

4.6.3 Procedures ............................................................................................................. 16

4.7 Bereavement Leave ............................................................................................... 16

4.8 Compensation (Workers’ Comp Salary Continuation) Leave ............................ 17

4.9 Leave without Pay.................................................................................................. 17

5. STANDARD HOURS OF WORK & OVERTIME ..................................................... 17 1280

Appendix A............................................................................................................. 18

1. POSITIONS COVERED
This Booklet includes a summary of benefits for all classifications designated as the City Senior Executive Team. All covered positions are at-will appointments, serving at the pleasure of the City Manager.

Whenever there exists a conflict between this document and an employment contract, if any, then said employment contract shall prevail.

Positions within this unit include:

Deputy Assistant City Manager
Chief of Police
Director of Community and Economic Development
Director of Community Services
Director of Finance
Director of Human Resources
Director of Public Works
Director of Records and Council Services
Director of Recreation

2. SALARIES
Salary ranges for covered positions shall be as set forth in Appendix A, which is attached hereto and made a part hereof.

In accordance with Personnel Rule 12.1, Salary Plan, no person may be paid less than the minimum, nor more than the maximum of the salary range for the class in which employed. Further, because the Senior Executive Team has a salary range, and not salary steps, no person’s salary automatically changes when the salary range changes. Advancement within a salary range is based on performance and requires the approval of the City Manager.

2.1 Winter Closure
Beginning July 5, 2015, the City shall implement a winter closure in each fiscal year. The Winter Closure shall take place sometime during the period of December 1 and January 31 of each fiscal year and shall consist of forty (40) hours of time off during that time frame. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. This winter closure shall become the status quo. All positions within this unit, with the exception of the Chief of Police, will be required to use vacation, vacation reserve, or administrative leave banks to supplement their pay during the Winter Closure. 1281

With the exception of the Chief of Police, an employee who is called in to work on an unplanned or emergency basis during his or her scheduled winter closure time shall be paid straight-time pay for any work performed.

Beginning with the 2022-23 Fiscal Year, the Winter Closure, will occur as follows. Non-essential City operations will be closed to the public between the Christmas and New Year’s Day holidays. However, the City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department.

Employees will be encouraged to take time off, however, it will not be a requirement. Employees electing to take time off may choose to take vacation, compensatory time, floating holiday time or unpaid time during the closure period.

The City Manager may also choose to close some or all City facilities to the public while maintaining operational staffing levels to allow staff to complete special projects or reduce work backlogs.

3. BENEFITS

3.1 Medical
The City will provide a medical insurance plan through Kaiser Permanente and will make every reasonable effort to maintain a second option through a Non-Kaiser HMO plan that allows members to choose their physician based on that physician’s ability to accept coverage through said plan.

City’s contribution toward medical insurance
Effective January 1, 2019, the City’s contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) for medical insurance shall be set at one hundred percent (100%) of the Kaiser Permanente premium rate. Employees electing to enroll in a medical insurance plan with premium rates higher than the Kaiser Permanente premium rate shall be required to pay the difference in premium rates between the Kaiser Permanente premium rate and the higher plan premium rate selected by the employee.

City’s contribution toward regular part-time employees
Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's paycheck. The City’s contribution rate will be the above rate regardless of which of the City’s group health plans (Kaiser or Non-Kaiser HMO Plan) employees and their dependents participate in.
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3.2 Retiree Medical – hired before January 1, 2012
A. Effective January 1, 2012 and only for those regular employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below:

1. Retired employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or

2. Retired employee with a minimum of twenty (20) but fewer than twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or

3. Retired employee with a minimum of twenty-five (25) years of fulltime regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retiree’s spouse.

4. Within the confines of Retiree Medical Insurance, the term “full-time regular City service” shall also include hourly service for those fulltime employees who transitioned from hourly status to regular status during the period of 1994 through 1998.

5. A retired employee’s spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to participate in the City’s offered retiree health insurance program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee.

6. The City’s contribution toward retiree health insurance, and the retiree and/or retiree’s spouse’s participation in the City’s offered retiree health insurance, shall end at the end of the month following the retired employee’s sixty-fifth (65th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the City’s contribution toward the surviving spouse’s monthly premium shall continue until the end of the month following what would have been the retired employee’s sixty-fifth (65th) birthday.

7. Exclusions – The benefits described above shall apply to all current and future retirees except for the following exclusions:
a. Retirees who do not retire directly from City service; or 1283

b. Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or
c. Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or
d. Retirees who fail to comply with any requirements as described in ‘verifications”; or
e. Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement.

Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or

8. Verification – Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility.

B. Employees hired on or after January 1, 2012 will be provided a Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute seventy-five dollars ($75) per month.

Participation in the plan is required by the employee.

3.3 Dental
The City contributes one hundred percent (100%) of the dental insurance premium for a full-time employee and his/her eligible dependents.

Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's paycheck.

3.4 Medical and/or Dental Alternative
An employee eligible for the City’s sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, three-hundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage.

An employee eligible for the City’s sponsored dental insurance and who opts to waive participation because the employee has provided 1284

documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00).

A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time employee.

3.5 Flexible Benefits Plan
The City offers an Internal Revenue Code Section 125 Plan that contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account. Employee participation is on an optional basis. The City shall provide and pay all costs of administering the plan.

Effective January 1, 2018, the City shall make an annual contribution (January 1 of each year) of $100.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The City shall also make an annual “matching” contribution (January 1 of each year) of up to $100.00 to the flexible spending account for each medical plan subscriber for a maximum annual City contribution of $200.00. Any employee enrolling into a medical plan after January 1 shall have a prorated amount contributed into the account.

3.6 Life Insurance
The City provides, at its expense, a Life Insurance/Accidental Death & Dismemberment policy for each employee, including the Chief of Police at the coverage amount of 1&1/2 times their annual salary to a maximum benefit of two hundred fifty thousand dollars ($250,000).

3.7 Long-Term Disability
The City provides, at its expense, long-term disability benefits for covered positions. This plan provides a benefit of 60% of the monthly salary to a maximum salary of fifteen thousand dollars ($15,000) a month to a maximum benefit of nine thousand dollars ($9,000) a month, after a one hundred eighty (180) day waiting period.

3.8 Deferred Compensation
TEffective September 9, 2018 the City will make a “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of one-hundred fiftytwenty-five dollars and zero cents ($1250.00) per month. The City will make a “matching” contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of sixeventy-fivetwo dollars and fifty cents ($7562.050) per month.
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3.9 Retirement
All current and new employees will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees’ Pension Reform Act of 2013 (PEPRA).

A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the City’s non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees’ Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.

The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula:
a. One Year Final Compensation (Section 20042)
b. Annual Cost-of-Living Increase at 3% (Section 21335) c. Military Service Credit as Public Service (Section 21024) d. Credit for Unused Sick Leave (Section 20965)
e. EPMC as Additional Compensation (Section 20691)
B. For all represented employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the City’s non-safety PERS benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees’ Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a thirty-six month period (“3 year average”) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula:
a) Military Service Credit as Public Service (Section 21024) b) Credit for Unused Sick Leave (Section 20965)
c) EPMC as Additional Compensation (Section 20691)
Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share.

C. For all represented employees hired on or after January 1, 2013, who are considered “new members” under California Government Code Section 7522.04(f) shall be in the 2% at 62 CalPERS retirement formula described in Government Code Section 7522.20(a). In addition, “new members” shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs.
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Effective for Fiscal Year 2017/18 and implemented on July 2, 2017 all employees within the unit except for the Chief of Police will contribute an additional 1% of salary towards pension costs for a total of 8%.

Effective July 1, 2018, all classic employee within the unit shall contribute an additional one-half of one percent (.5%) of salary towards CalPERS unfunded accrued liability pension costs for a total of 8.5%.

Effective July 14, 2019 all classic employees within the unit shall contribute an additional one-half of one percent (.5%) of salary towards CalPERS unfunded accrued liability pension costs for a total of 9%.

Effective July 1, 2018, the Chief of Police will contribute an additional 1% of salary towards pension costs for a total of 12% contribution of salary.

Effective July 14, 2019, the Chief of Police will contribute an additional 1% of salary towards pension cost for a total of 13% contribution of salary.

3.10 Social Security
All non-safety employees shall have coverage under Federal Social Security in accordance with the provisions of law. This program requires contributions by both the employee and the employer in accordance with schedules provided by the Federal Government.

3.11 Education Reimbursement
When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of 100% of tuition charges, fees, the cost of textbooks and supplies or twenty-four hundred dollars ($2400), whichever is lower, each calendar year the employee is enrolled in approved training.

Additionally, the City will reimburse 50% of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between $2400 and $3000.

Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of "C", or better or in cases of courses offered as pass/fail, a grade of pass.

Costs for education reimbursement come from each individual departmental budget.

A regular part-time employee shall be eligible for a pro-rated amount of tuition reimbursement.
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3.12 Employee Assistance Program
The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per incident per year.

3.13 Professional Association Dues
The City pays for membership dues in applicable professional associations, subject to approval of the City Manager.

3.14 Exclusions
The Chief of Police receives benefits outlined in Section 3 - Benefits of this Schedule in accordance with the benefits provided to the members of the Police Captain class within the Police Managers Group, unless detailed otherwise herein.

4. LEAVES

4.1 Administrative Leave
Exempt employees receive a maximum of ninety-six (96) hours Administrative Leave each calendar year. Said hours are credited to the employee's Administrative Leave time bank each January 1st such that the January 1st balance is exactly ninety-six (96) hours. This benefit is made available on a "use or lose" basis and as such may not be carried from one calendar year to the next. All requests for Administrative Leave are to be reviewed and approved by the City Manager.

4.2 Vacation Accrual & Usage

4.2.1 Accruals
The vacation accrual rate shall be:

Years of Continuous
Public Sector Service Accrual Rate
0-5 Years Accrue 4.00 hours per pay period (13 days)
6-10 Years Accrue 5.54 hours per pay period (18 days)
11 Years Accrue 5.85 hours per pay period (19 days)
12 Years Accrue 6.15 hours per pay period (20 days)
13 Years Accrue 6.47 hours per pay period (21 days)
14 Years Accrue 6.77 hours per pay period (22 days)
15-19 Years Accrue 7.08 hours per pay period (23 days)
20 and more years Accrue 8.62 hours per pay period (28 days)

4.2.1.1 The Chief of Police shall accrue vacation in
accordance with Section 8.1 – Vacation Accrual of the Police Managers Group MOU.
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4.2.2 Use of Vacation
Vacation shall be taken at such time as is mutually convenient for the department and the employee.

1. Maximum Accumulation: The maximum accrual allowed is two times annual accrual to a maximum of three hundred and eighty (380) hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback.

During the declared local emergency for COVID-19, the maximum vacation accrual limit shall be suspended temporarily and reinstated 12 months follow the end of the declared emergency. During the declared local emergency and prior to the reinstatement of the maximum vacation accrual limit, accrued vacation hours above three hundred eighty (380) hours will have no cash value upon separation of employment. Upon reinstatement of the maximum vacation accrual limit, unused accrued vacation hours in excess of three hundred eighty (380) hours will be lost.

2. Double Compensation Prohibited: Employees shall not work for the City during their vacation.

4.2.3 Minimum Use
Employees must use a minimum of 40 hours of vacation per year. Any exception to this rule must be approved by the City Manager to be eligible for vacation buyback.

4.2.4 Vacation Buyback
Employees may receive vacation pay in lieu of paid time-off, subject to the following limitations. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that “buyback” will result in increased costeffectiveness and efficiency to the City as determined by the City Manager.

Employees may elect to sell back a maximum of forty (40) hours of vacation per calendar year. Employees desiring to sell back vacation must file an irrevocable election identifying the number of vacation leave hours they will sell back in November (November 1-21) of the tax year preceding the sell back. The election will apply only to vacation leave hours accrued in the following tax year and the employee may elect that the pay-out occurs in either the last full pay period in September or the first full pay period in December. Employees who do not pre-designate a sell back amount by the annual deadline will be deemed to have waived the right to sell back any vacation leave in the following tax year and will not be eligible to sell back vacation leave in that year. Vacation hours bought back shall be paid at the employee’s normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class pay.
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Effective July 1, 2014 the total City-wide allocation for the buyback program will be $160,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 – 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $160,000 employee will receive, upon the City Manager’s approval, payment as noted above. If the total dollar value of the requests exceeds $160,000, request hours will be pro-rated and employees paid accordingly.

Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program.

Individual employees may elect to have payouts of vacation leave deposited directly into the employee’s account in the City’s deferred compensation 457b Plan. If the employee does not so elect or if the funds cannot lawfully be deposited into the employee’s deferred compensation account (e.g., if they would exceed the maximum contribution), the payout will be included in the employee’s paycheck for the applicable pay period.

The prior-year pre-election requirement set forth in this section will be effective for vacation payouts occurring in Fiscal Year 2022 and later. For 2021 only, employees will be permitted to file two elections: (1) the first for payout of vacation in December of 2021 and (2) the second for payout of vacation in calendar year 2022.

As part of the City’s open enrollment packet each year, the City shall provide all employees with a copy of the Irrevocable Vacation Pay-Out Election form.

In the event the IRS issues an official circular letter or regulation rescinding the constructive receipt tax issue concerning vacation cash-out as identified in PLR 2001-30015, the annual pay out will revert to the process described in the May 17, 2021 Salary and Benefits Schedule.

4.2.5 Vacation Conversion to 401(a) Contribution
Employees within this bargaining unit will convert an equal dollar amount of vacation towards a contribution to a 401(a) plan. All members of this bargaining unit will be required to contribute an amount equal to eighty (80) hours of vacation for the lowest paid member of the unit. Employees with a higher hourly rate will convert however many hours that equate to the same dollar amount as 80 hours for the lowest paid member.

4.2.6 Holidays Falling During Vacations
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employee’s compensation for that day shall be holiday and shall not be paid or charged as vacation. 1290

4.2.7 Service Achievement Incentive Plan
The City acknowledges the value of retaining experienced employees. In recognition of previous years of full-time continuous service with the City, the City shall implement a Service Achievement Incentive Plan as follows:

1. At the completion of five (5) years of service, the employee shall receive forty (40) hours of vacation to be added to the employee’s reserve vacation bank.

2. At the completion of ten (10) years of service, the employee shall receive fifty (50) hours of vacation to be added to the employee’s reserve vacation bank.

3. At the completion of fifteen (15) years of service, the employee shall receive sixty (60) hours of vacation to be added to the employee’s reserve vacation bank.

4. At the completion of twenty (20) years of service, the employee shall receive seventy (70) hours of vacation to be added to the employee’s reserve vacation bank.

5. At the completion of twenty-five (25) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

6. At the completion of thirty (30) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

7. At the completion of thirty-five (35) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

8. At the completion of forty (40) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

9. Upon initial implementation of the Service Achievement Incentive Plan, effective July 1, 2018:
a. Employees with at least five (5) years, but less than ten (10) years of full-time continuous service with the City shall receive a preliminary reserve vacation bank of twenty (20) hours. b. Employees with ten (10) years or more of full-time continuous service with the City shall receive a preliminary reserve vacation bank of forty (40) hours.
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10. The Service Achievement Incentive Plan bank shall not have a vacation leave accrual limit. However, as of the last pay period in December of each year, the City will contribute the balance of each employee’s Service Achievement Incentive Plan bank in excess of eighty (80) hours directly into the employee’s account in the City’s deferred compensation 457b Plan. In the event the direct contribution is disallowed or has a negative impact on the Plan’s qualified status, the City will address that concern.

Employees may utilize the reserve vacation bank accrued hours in accordance with section 4.2.2 - Use of Vacation.

4.3 Sick Leave Accrual & Usage

4.3.1 Definitions
“Sick leave” shall apply only to instances wherein an employee, because of sickness or injury, is unable to perform their regular duties.

4.3.2 Limitations
Sick leave with pay shall be granted to all employees as provided for below.

Sick leave may be used for sickness or injury arising out of an employee’s work for the City, as well as for sickness or injuries which are not work connected. Sick leave shall not be considered as a right which an employee may use at their discretion but shall be allowed only in case of necessity and actual personal sickness, disability; provided, however, that any employee who engages in any gainful business or employment while on sick leave shall be subject to dismissal. Provided further, that sick leave may not be used if the sickness or injury results from an employee’s outside employment.

4.3.3 Accruals
Regular full-time employees shall accrue sick leave at the rate of eight (8) hours per month.

Regular part-time employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each month exceed eight (8).

4.3.4 Unused Sick Leave
Unused sick leave may be accumulated. There are no maximum accrual limits for sick leave. No payment shall be made for accumulated sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to service credit.

4.3.5 Sick Leave Incentive
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Employees who use no sick leave in any fiscal quarter shall have four (4) hours credited towards vacation with a maximum accrual during any one (1) year to be sixteen (16) hours.

Any hours taken under the Emergency Paid Sick Leave Act (up to 80 hours of paid sick leave for COVID-19 related events) will not disqualify an employee from this sick leave incentive.

4.3.6 Verifications
Sick leave for consecutive periods of time exceeding three working days will be allowed only upon presentation to the employee's supervisor of a certificate from a licensed physician stating the nature of the illness and acknowledging the employee's inability to work for the period involved.

Notwithstanding the above language, an employee who has been on sick leave for less than three working days may be required to present medical verification of their sickness in the event that the supervisor demonstrates that the employee has a demonstrated pattern of possible sick leave abuse, which includes the use of numerous sick days in conjunction with days off, or establishes that the employee has used a disproportionate number of sick days in comparison to other similarly situated employees, and said illnesses/injuries do not appear to be job-related.

4.3.7 Notifications
Employees must notify their supervisor prior to the beginning of any working shift at which they will not report for work and for which they desire to use sick leave.

4.3.8 Compensation
Full pay and allowances will accrue to employees during periods of authorized sick leave.

4.3.9 Unearned Sick Leave
Employees may not "borrow" on unearned sick leave.

4.4 Personal Necessity Leave
Employees may use a maximum of thirty-two (32) hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this section, personal necessity shall mean the employee requests leave from their work to attend to personal business that cannot be dispensed with off duty. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the City Manager. Personal necessity leave is considered use of sick leave.

4.5 Holidays/Holiday Pay/Floating Holidays
All employees shall be entitled to the following paid holidays each year:

1. January 1st – New Year’s Day
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2. Third Monday in January – Martin Luther King

3. February 12th – Lincoln’s Day

4. Third Monday in February – Washington’s Day

5. March 31st – Cesar Chavez Day

6. Last Monday in May – Memorial Day

7. July 4th – Independence Day

8. First Monday in September – Labor Day

9. Second Monday in October – Columbus Day

10.November 11th – Veteran’s Day

11.Fourth Thursday in November – Thanksgiving Day

12.Day Following Thanksgiving – Friday following Thanksgiving

13.December 25th – Christmas Day

14.Sixteen (16) hours of floating holiday.

Holidays falling on a Saturday will be observed on the preceding Friday.

Holidays falling on a Sunday will be observed on the following Monday.

Holidays falling during the week will be observed on the actual day.

4.6 Catastrophic Leave
The Catastrophic Leave Program is designed to assist employees who have exhausted paid time credits due to an employee’s or their immediate family member’s serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury.

4.6.1 Definitions

1. Catastrophic Illness or Injury – A medically certified illness, injury impairment, physical or mental condition of an employee or an employee’s immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more.

The term “immediate family member” shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-inlaw.

2. Leave to be donated – Vacation or sick leave.

4.6.2 Eligibility

1. Donors
a. Only regular employees are eligible to donate accrued vacation or sick leave.
b. Donating employees may not reduce their balance of earned vacation or sick leave below forty (40) hours by reason of such donation.

2. Recipients
a. Only regular employees may participate in the Catastrophic Leave program.
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b. Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human
Resources Department with the application.
c. All accumulated time, sick leave, vacation time and
administrative leave must have been exhausted.
d. A request for a leave of absence without pay for medical reasons has been submitted and approved.
e. Request for participation in the program shall be made on an Application for Catastrophic Leave Program form (available in Human Resources).

4.6.3 Procedures

1. Donations must be a minimum of one day at a time and submitted on the appropriate donation form.

2. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employee’s sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee.

3. Donations, once made, are irrevocable.

4. Any period of donated leave may be counted as Family and Medical Leave time.

5. Employees may not remain on catastrophic leave or receive leave donations for a continuous period exceeding six (6) calendar months.

6. Verification of catastrophic illness must be submitted by a licensed physician to Human Resources.

7. Employees are eligible for this benefit only once during their employment with the City.

8. Employees must have accumulated a minimum of one hundred and twenty (120) hours of sick leave or eighty (80) hours of vacation time before a donation can be made.

4.7 Bereavement Leave
Employees shall be entitled to three (3) working days off with pay whenever there is a death in their immediate family. For purposes of this section, the immediate family shall consist of spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, stepparents, half-brothers, half-sisters, fathers-in-law and mothers-in-law.

Time off for funerals or bereavement leave must be taken within six (6) months of the death of the immediate family member. In the event an employee desires to take additional time off with pay in excess of that provided for a death in the immediate family, or in the event the employee desires to attend the actual funeral or service of active or retired City officials, employees, or other family members not covered in this section, and if the employee has unused vacation or sick leave, the employee may take such additional time off or, the time necessary to attend such funeral, and charge it against his/her unused vacation, compensatory time, and/or sick leave.
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4.8 Compensation (Workers’ Comp Salary Continuation) Leave Employees are covered by Workers' Compensation benefits pursuant to the statutes of the State of California. For non-safety employees, over and above the Workers' Compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees' sixtieth (60th) calendar day of work loss. After the sixtieth (60th) calendar day, benefits shall be paid pursuant to the statutes of the State of California.

4.9 Leave without Pay
Employees may receive authorization for an unpaid leave of absence for up to six (6) months, with the approval of the City Manager.

5. STANDARD HOURS OF WORK & OVERTIME
The City has determined that all classifications within this unit are exempt and are therefore not eligible for overtime in accordance with Title 29, Part 541 of the Code of Federal Regulations, FLSA.

During a labor dispute, a natural or war-caused disaster, or other emergency situation, the City Council, by motion, or the City Manager may authorize overtime pay for members of this unit who are customarily not entitled thereto. The City’s standard work week is forty (40) hours.
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Appendix A.

A. Fiscal Year 20221/223 monthly full-time salary ranges are:

Effective July 10, 2022
Classification Minimum Maximum
Assistant City Manager 15,869 20,249
Chief of Police 16,322 20,634
Director of Community and Economic Development 13,569 17,150 Director of Community Services 13,569 17,150
Director of Finance 13,569 17,150
Director of Human Resources 13,569 17,150
Director of Public Works 14,663 17,825
Director of Records and Council Services 11,062 13,444
Director of Recreation 13,569 17,150
Effective July 9, 2023
Classification Minimum Maximum
Assistant City Manager 16,503 21,059
Chief of Police 16,975 21,459
Director of Community & Economic Development 14,112 17,836 Director of Community Services 14,112 17,836
Director of Finance 14,112 17,836
Director of Human Resources 14,112 17,836
Director of Public Works 15,250 18,537
Director of Records and Council Services 11,504 13,982
Director of Recreation 14,112 17,836
Effective July 7, 2024
Classification Minimum Maximum
Assistant City Manager 16,998 21,691
Chief of Police 17,654 22,317
Director of Community & Economic Development 14,535 18,371 Director of Community Services 14,535 18,371
Director of Finance 14,535 18,371
Director of Human Resources 14,535 18,371
Director of Public Works 15,707 19,093
Director of Records and Council Services 11,849 14,401
Director of Recreation 14,535 18,371
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B. Whenever an individual is employed in a listed classification with a monthly salary listed, at less than full-time, then said employee shall receive a pro-rata equivalent of the stated monthly salary.

C. Off Salary Range One-Time-Only Payment
Senior Executive Team members who are City employees during the first pay period following City Council adoption of the resolution authorizing amendments to the Salary and Benefits Schedule will receive a one-time lump sum payment of $1,000.

Employees may elect to have the lump sum payment deposited into their 457b Plan deferred compensation account (subject to IRS maximum contributions limits). If the employee does not elect to deposit the lump sum payment into their deferred compensation account or if the money cannot be lawfully deposited, it will be included in the employee’s paycheck for the applicable pay period. This lump sum payment is non-pensionable and will not be reported to CalPERS.

D. The City shall finance a classification and compensation study to be performed by an outside professional consultant for all Senior Executive Team classifications during Fiscal Year 2021/22.

The City intends the total compensation survey to provide information to support consideration of market-based equity adjustments for individual classifications in future fiscal years. Any equity adjustments will consider both the total compensation survey results and the City’s financial recovery.
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Teamsters Union, Local 856 for the Period July 1, 2022 through June 30, 2025
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City of Pittsburg and Teamsters Union, Local 856 (Teamsters) are proposing terms and conditions of employment for the Teamsters for the period of July 1, 2022 through June 30, 2025 (Contract Period).

FISCAL IMPACT
The total net impact to the General Fund in Fiscal Year 2022-23 is $456,000 and will be reflected in the current budget. The costs associated with the terms and conditions for the remaining fiscal years of the Contract Period will be budgeted accordingly in future fiscal years.

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution approving the tentative agreement between the City and Teamsters for the Contract Period, authorizing the City Manager to prepare and execute a successor Memorandum of Understanding (MOU), and authorizing corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-24, and 2024-25.

BACKGROUND
The City and Teamsters started negotiation sessions in March 2022 to develop a successor MOU and after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, have reached a tentative agreement on the terms and conditions of employment that provides for a three-year contract, cost of living adjustments (COLAs) each year, and an amendment to the contract terms regarding deferred compensation and the terms of Winter Closure. The Teamsters’ most recent MOU expired June 30, 2022.
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The Teamsters membership ratified the parameters of the tentative agreement package on June 16, 2022.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
Following a comprehensive salary and benefits study, the City and the Teamsters agreed to wage increases competitive with market rates beginning with a five percent (5%) COLA for the first full pay period following July 1, 2022, a four percent (4%) COLA following July 1, 2023, and a three percent (3%) COLA following July 1, 2024. The first full pay period of July 2022 runs between July 10th and July 24th and due to the holiday, this item has been agendized for July 18, 2022.

Beginning on July 5, 2015, the City implemented a 40-hour winter closure accomplished by a one point nine two five percent (1.925%) reduction in pay (1.54 hours per pay period).

Effective the first full pay period following July 1, 2022, the 1.925% deduction will cease and the City will no longer deduct 1.54 hours per pay period. However, the parties agree that the City continue the Winter Closure in the amount of forty (40) hours per fiscal year. Winter Closure shall occur during the months of December and January. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of the department. Employees may use vacation, compensatory time off, floating holiday or unpaid leave to cover the Winter Closure. If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time).

Effective the first full pay period after July 1, 2022, the City will increase its “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of $150 per month from $125 per month and up to a maximum of $75 per month from $62.50 per month for participating regular part-time employees.

Additionally, if the City reaches an agreement with any other non-sworn bargaining unit that includes COLA or lump sum payments exceeding those agreed to herein during the Contract Period (and considering any offsetting differences including but not limited to pension or medical cost sharing), the parties will meet and confer over the application of equivalent increases and offsets to the Teamsters bargaining unit. This provision shall specifically exclude any market-based or internal compaction-related equity increases.

The terms and conditions of the tentative agreement include the following amendments to the draft MOU:
1) Term (Section 2)
2) Wages (Section 4)
3) Winter Closure (Section 4.D.)
4) Deferred Compensation (Section 5.8)
5) Parity Agreement
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Should the City Council approve these terms, staff will prepare a successor MOU that incorporates the agreed upon changes.

ATTACHMENTS: Exhibit A – Comprehensive Tentative Agreement between the City of Pittsburg and Teamsters Union
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 1301

EXHIBIT A - TENTATIVE AGREEMENT
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16 June, 2022
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Resolution No. 22- Page 1 of 1 July 18, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving the Terms and Conditions of )
Employment for Teamsters Union, Local ) RESOLUTION NO. 22- 856 for the Period of July 1, 2022 Through )
June 30, 2025 )
WHEREAS, the most recent Memorandum of Understanding (MOU) between the City of Pittsburg and the Teamsters Union, Local 856 (Teamsters) expired on June 30, 2022; and
WHEREAS, after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, the City and Teamsters have reached a tentative agreement on the terms and conditions of employment; and
WHEREAS, staff recommends a three year contract term, cost of living adjustments each year, and amendment to the contract terms regarding deferred compensation and Winter Closure; and
WHEREAS, City representatives and the duly appointed representatives Teamsters have met and conferred in accordance with Section 3500 et seq. of the California Government Code; and
WHEREAS, the membership of the Teamsters ratified the tentative agreement, attached as Exhibit A to the Staff Report, on June 16, 2022; and WHEREAS, upon adoption of this Resolution, the City Manager and staff will prepare a successor MOU that incorporates the agreed upon terms and conditions.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the tentative agreement between the City and Teamsters for the period of July 1, 2022 through June 30, 2025, authorizes the City Manager to prepare and execute a successor MOU, and authorizes corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-24, and 2024-25.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Pittsburg Police Managers Group for the Period July 1, 2022, through June 30, 2025
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City of Pittsburg and Pittsburg Police Managers Group (PMG) are proposing terms and conditions of employment for the period of July 1, 2022 through June 30, 2025 (Contract Period).

FISCAL IMPACT
The total net impact to the General Fund in Fiscal Year 2022-23 is $240,000 and will be reflected in the current budget. The costs associated with the terms and conditions for the remaining fiscal years of the Contract Period will be budgeted accordingly in future fiscal years.

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution approving the tentative agreement between the City and PMG for the Contract Period, authorizing the City Manager to prepare and execute a successor Memorandum of Understanding (MOU), and authorizing corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-24, and 2024-25.

BACKGROUND
The City and PMG started negotiation sessions in March 2022 to develop a successor MOU and after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, have reached a tentative agreement on the terms and conditions of employment that provides for a three-year contract, cost of living adjustments (COLAs) each year, and an amendment to the contract terms regarding education incentive pay, POST Incentive pay, education reimbursement, a Deferred 1305
Compensation catch-up provision and a reopener to review the issue of retiree medical insurance. The most recent PMG MOU expired on June 30, 2022.

PMG membership ratified the parameters of the tentative agreement package on July 7, 2022.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
Following a comprehensive salary and benefits study and meetings between the City of Pittsburg and Pittsburg Police Managers Group since March 2022, the City and the Pittsburg Police Managers Group tentatively agreed to a three-year contract term, from July 1, 2022 through June 30, 2025 and wage increases competitive with market rates beginning with a four percent (4%) cost-of-living-adjustment for the first full pay period following July 1, 2022; a four percent (4%) COLA for the first full pay period following July 1, 2023 and a four percent (4%) COLA for the first full pay period following July 1, 2024. The first full pay period of July 2022 runs between July 10th and July 24th and due to the holiday, this item has been agendized for July 18, 2022.

Additional terms include:
 In recognition of the reduction in Education Incentive Premiums as part of the 2022- 25 MOU, salary ranges for represented classifications shall be increased by an additional 2.0% effective the first full pay period following July 1, 2022. This increase and the COLA shall be additive, resulting in a total increase of 6.0% in fiscal year 2022-2023. The term of the contract eliminates Education Incentive pay for a Bachelors Degree and requires a Bachelors Degree as a Minimum Qualification for the classification of Lieutenant.
 For degrees earned after June 30, 2022, the contract term reduces Education Incentive for a Masters Degree from 10% to 2.5% (i.e., Masters degree results in

2.5% Education Incentive with no additional incentive for a Bachelors degree).

However, employees who (1) are Police Officer Association or Police Managers Group bargaining unit members, (2) are enrolled in coursework for a Masters program on or before July 1, 2022, and (3) earn a Masters degree on or before December 31, 2023, will qualify for this benefit so long as the degree is from an accredited college or university recognized by POST. Bargaining Unit employees who earned a Bachelors or Masters Degree and were receiving Education Incentive as a member of the PMG bargaining unit prior to June 30, 2022 will continue to receive the existing Education Incentive.
 The Education Reimbursement per calendar year is proposed to be extended from Two Thousand Four Hundred Dollars ($2,400) for tuition and fees to Four Thousand Dollars ($4,000), and from Three Hundred Dollars ($300) for textbooks and supplies, extended to Five Hundred ($500) for textbooks, supplies and equipment. Courses taken in the pursuit of a higher education degree will only be approved for schools accredited by a regional accrediting organization such as the ACCJC, HLC, MSCHE, NECHE, SACSCOC, WASC, or WSCUC.
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 In order to align the City’s POST incentive programs with the local labor market, it is recommended to eliminate the Intermediate and Advanced POST certificates (for both existing and future bargaining unit members) and the base pay for all bargaining unit classifications will be increased by 5%.
 Effective the pay period following July 1, 2022, an additional two and one-half percent (2.5%) of base pay for possession of a POST Management Certificate for Police Captains. Effective the pay period following July 1, 2023, an additional two and one-half percent (2.5%) of base pay for possession of a POST Management Certificate for Police Lieutenants. The maximum incentive for POST Management Certificate Pay is 2.5%. An additional two and one-half percent (2.5%) of base pay for completion of Command College or equivalent program pre-approved by the Chief of Police prior to attendance. The maximum incentive available is seven and a half percent (7.5%) for a Masters Degree, POST Management Certificate and Command College.
 Effective June 30, 2023, the Memorandum of Understanding shall reopen on the issue of Retiree Medical Insurance. The Parties will meet to study and evaluate the sustainability of the existing retiree medical insurance program and to consider changes to the program. Any changes will be by mutual agreement only.  Employees who are within the requirements for the IRS approved 457 “catch up plan” will be able to, effective July 1, 2022, deposit the equivalent cost of up to one hundred-fifty (150) hours of vacation into the employees deferred compensation plan.

This amount cannot exceed total contribution limits outlined by the IRS. Qualified bargaining unit members may make this contribution by filing an election in the months of July 2022, July 2023, and July 2024. This provision will sunset on June 30, 2025 subject to the parties’ ability to continue the program by mutual agreement as part of successor MOU negotiations.

The terms and conditions of the tentative agreement include the following amendments to the draft MOU:
1) Term (Section 2)
2) Salaries (Section 5)
3) Retiree Medical (Section 6.2.E)
4) Education Reimbursement (6.10)
5) Education Incentive Pay (Section 7.3)
6) POST Pay (Section 7.3)
7) 457 Catch Up Plan (Section 6.8)
Should the City Council approve these terms, staff will prepare a successor MOU that incorporates the agreed upon changes.

ATTACHMENTS: Exhibit A – Comprehensive Tentative Agreement between the City of Pittsburg and Pittsburg Police Managers Group (PMG)
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 1307
Resolution No. 22- Page 1 of 1 July 18, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving the Terms and Conditions )
of Employment for the Pittsburg Police ) RESOLUTION NO. 22- Managers Group for the Period of )
July 1, 2022 through June 30, 2025 )
WHEREAS, the most recent Memorandum of Understanding (MOU) between the City of Pittsburg and the Pittsburg Police Managers Group (PMG) expired on June 30, 2022; and
WHEREAS, following a comprehensive salary and benefits study and meetings between the City and PMG, the parties tentatively agreed to terms which include a threeyear contract term, cost of living adjustments each year and amendments to the contract terms regarding education incentive pay, POST Incentive pay, education reimbursement, 457 Deferred Compensation Catch-up and a reopener to review the issue of retiree medical insurance; and
WHEREAS, City representatives and the duly appointed representatives of the PMG have met and conferred in accordance with Section 3500 et seq. of the California Government Code; and
WHEREAS, the membership of the PMG ratified the attached agreement on July 7, 2022.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the tentative agreement between the City and PMG for the period of July 1, 2022 and June 30, 2025, authorizes the City Manager to prepare and execute a successor MOU, and authorizes corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-2024, and 2024-2025.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
____________________________
Holland Barrett White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
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EXHIBIT A
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July 7, 2022
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e) MEETING DATE:

EXECUTIVE SUMMARY
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.

FISCAL IMPACT
There is no fiscal impact to the General Fund by this action.

RECOMMENDATION
The City Council adopt the attached resolution, continue in-person meetings with the exception of subcommittee meetings which will remain virtual.

BACKGROUND
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus. Among these were Executive Orders—N-25-20 and N-29- 20 (collectively, the “Brown Act Orders”) — that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of legislative body members, staff, or the public at local agency meetings.

On June 11, 2021, the Governor issued Executive Order N-08-21, to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, N-08-21 established an end date to the Brown Act Orders, effective September 30, 2021.

On September 16, Governor Newsom signed Assembly Bill 361 which amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions and so long as certain findings are made by a 1313
majority of the legislative body. As detailed in the attached resolution, findings were made on July 18, 2022, and are effective for 30 days.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.

STAFF ANALYSIS
Local legislative bodies such as a city council that wish to continue meeting by teleconference must comply with the requirements of California Government Code Section 54953, which was amended by AB 361.

Specifically, newly amended Government Code Section 54953 requires the following procedures:
• Give notice and post agendas as otherwise required by the Brown Act; • List on the agenda how the public can electronically attend and comment at the meeting.

Note that a public agency is not required to offer an in-person option for the public to attend and comment at such a meeting;
• Provide an opportunity to comment in advance of and during the meeting; • Allow a reasonable amount of time to register, if required, and comment on each agenda item or at least the amount of time allowed per agency meeting protocols, whichever is longer;
• No action may be taken during a disruption that inhibits the broadcast of the meeting or the public’s ability to comment;
• All votes must be via rollcall;
• Comply with state and federal civil rights and non-discrimination laws; and • Take all precautions to protect the statutory and constitutional rights of the public.

While it only applies in situations where the Governor has proclaimed a state of emergency, and not, for instance, when only a local health officer has declared an emergency, AB 361 provides an explicit avenue for local public agencies to meet remotely in the case of a public health, or other, emergency that inhibits the opportunity to meet in person. AB 361 provides the flexibility to meet by teleconference through December 31, 2023, unless extended.

The City Council resolution, if approved, would authorize teleconferenced meetings of subcommittees.

Making the findings would allow teleconferenced meetings for the next 30 days.

ATTACHMENTS:

Resolution
Report Prepared By:

Garrett Evans, City Manager
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Resolution No. 22- Page 1 of 2 July 18, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Making Findings in Support of Continuing to )
Hold Public Subcommittee Meetings By ) RESOLUTION NO. 22- Teleconference Pursuant to California )
Government Code Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing; and
WHEREAS, on October 4, 2021, and November 1, 2021, the City Council adopted a resolution authorizing teleconferenced meetings for the City Council, commissions, and subcommittees; and
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Resolution No. 22- Page 2 of 2 July 18, 2022
WHEREAS, following an improvement in the incidence of COVID cases, the City Council adopted Resolutions on November 29, 2021, December 20, 2021, January 18, 2022, February 7, 2022, and March 7, 2022 to authorize meetings with public participation by teleconference and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and WHEREAS, following further improvement in the incidence of COVID cases, the City Council adopted Resolutions on April 4, 2022, May 2, 2022, June 6, 2022, and June 20, 2022 to authorize in-person public participation and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and
WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID increased markedly and then decreased but continues to be transmitted in the community.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby makes the following findings:

1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.

2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, and on March 1, 2022, issued a recommendation for social distancing, among other recommendations, during public meetings.

BE IT FURTHER RESOLVED that the City Council hereby approves meetings of subcommittees to be held by teleconference in compliance with California Government Code Section 54953(e). As there are numerous subcommittees, some which are comprised of members of more than one legislative body, and meet frequently, for the protection of the health of attendees all subcommittee meetings are to be held by teleconference.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
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