Agenda packet, regular meeting — Pleasant Hill City Council, July 11, 2022 (part 1 of 2)

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
JULY 11, 2022
REGULAR MEETING – 7:00 PM

VIA TELECONFERENCING
Watch on YouTube at: www.pleasanthillca.org/councilmeeting To provide comments via teleconference, click on the meeting link and enter the meeting ID and Passcode:

Meeting link: www.zoom.us
Meeting ID: 885 2503 0657
Passcode: 762914
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 July 11, 2022
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267 MAYOR MICHAEL G. HARRIS COUNCILMEMBER KEN CARLSON

VICE MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

COUNCILMEMBER MATTHEW RINN
The meeting will be held via teleconference as allowed pursuant to City Council resolution. Options for observing the meeting and participating in public comment are provided below.

Public Communication. The public is welcome to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction during the general Public Comment period. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Public Participation Options
1) Watch the Meeting via Youtube Livestream
Watch the meeting live on YouTube at: www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments Before the Meeting
Send written comments to [email protected] (comments received by 4:00 p.m. on the day of the meeting will be provided to the City Council before the meeting). 3) If You Wish to Make a Public Comment During the Meeting When the Mayor invites the public for general comment or comments on specific agenda items, please use the "Raise hand" feature in Zoom (or press *9 if connecting via telephone only) which will alert staff that you wish to speak, and you will be invited to speak when it is your turn. Note that there may be multiple hearing items on the same agenda. There are two ways to join the meeting and make a public comment during the meeting:
a. Go to www.Zoom.us using your computer and entering the Meeting ID and Passcode provided near the top of this page. You will be placed into the meeting as an Attendee. You will not be seen or heard until it is your turn to speak; or
City Council Meeting Agenda Page 2 July 11, 2022
b. Call (669) 900-6833 and enter Meeting ID and Passcode. Dial *9 to virtually “Raise Hand” in Zoom.

We ask that you state your name and city of residence for the record when you start your comments.

When you are making a Public Comment during the meeting, please:
1) Try to be in a room or space without a lot of background noise. 2) Mute your microphone until it is your turn to speak. 3) Have a strong, reliable internet connection or cell phone signal.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please contact the ADA Coordinator 24 hours in advance of the meeting at (925) 671-5221 or via California Relay at 711.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection by contacting the City Clerk’s office at [email protected] or calling 925-671-5221.

City Council Meeting Recordings and Broadcasts.

Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 1029, and AT&T UVerse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

Agendas are Available for Review on the City Hall official noticing bulletin board (100 Gregory Lane), at the Pleasant Hill Police Department (330 Civic Drive), the Pleasant Hill Senior Center (233 Gregory Lane), and on the City’s website at www.pleasanthillca.org/agendas. Agenda packets will be available to the public on the City’s website at the same time as they are made available to the City Council.

1. CALL TO ORDER

2. ROLL CALL

3. PRESENTATIONS

3.1 Introduction of Education Commissioners Marisa Graves, Ashley McDonald and Jennifer Moore

3.2 Update on Water Supply, Drought Program, and Conservation Resources - Contra Costa Water District

3.3 Update on Water Supply, Conservation, and Investments in Infrastructure - East Bay Municipal Utility District

4. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.) City Council Meeting Agenda Page 3 July 11, 2022

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted via Teleconference on July 7, 2022 (B) Other Meetings Attended at City Expense

5.2 Announcements from Councilmembers

6. PUBLIC COMMENT:

The public is welcome at this time to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are limited to three minutes per speaker. To provide public comments, please see the Public Participation Options above.

7. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.

7.1 Approve Minutes for the Regular City Council Meeting of June 27, 2022

7.2 Approve Checks Dated: June 24, 2022 and June 30, 2022

7.3 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

7.4 Adopt Resolution No. ___-22 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding Between the City of Pleasant Hill and the Pleasant Hill Police Association

7.5 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute an Agreement with American Guard Services for the Provision of Crossing Guard Services for the 2022-2023 School Year

7.6 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute an Agreement with Applied Video Solutions, Inc., for the Purchase and Installation of the Openpath Access Control System at the Pleasant Hill Police Department

8. ADMINISTRATION AND FINANCE

8.1 Adopt Resolution No. ___-22 Approving the City of Pleasant Hill Investment Policy Retroactive to July 1, 2022 and Delegating Investment Authority to the Elected City Treasurer

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. ___-22 Approving the FY 2022/27 Capital Improvement Plan and Expenditures for FY 2022/23 and FY 2023/24

10. ADJOURNMENT
Next Council Meeting: August 1, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: July 11, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JUNE 27, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

June 27, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
June 27, 2022
City Council Meeting Minutes Page 1 June 27, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:01 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on June 24, 2022, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present

3. PRESENTATIONS
None

4. CITY MANAGER COMMENTS:

June Catalano, City Manager, reported that:
 The City received questions about Juneteenth celebrations and the Diversity Commission, in collaboration with the Pleasant Hill Recreation and Park District, created a Juneteenth display at the Pleasant Hill Senior Center; the City Council also issued a Juneteenth proclamation to the Civic Action Commission on June 6, 2022; and the Civic Action Commission and the Diversity Commission welcome ideas from the public on how to honor Juneteenth in the future;
 The Pleasant Hill 4th of July Commission is hosting a full day of events which include a 5K run, a party in Pleasant Hill Park, a parade through downtown Pleasant Hill, and an evening fireworks display at College Park High School to celebrate the Independence Day; and
 Applications are available for projects for Community Service Day to be held on September 24, 2022.

5. COUNCIL ANNOUNCEMENTS AND REPORTS
Mayor Harris stated that the City Council had adjourned from a closed session and that there was nothing to report.

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense

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Attachment: June 27, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 June 27, 2022
Mayor Harris noted the event was not at the City’s expense, but he attended the League of California Cities East Bay Division Bocce Tournament.

5.2 Announcements from Councilmembers
Mayor Harris reported his attendance at the Pleasant Hill Chamber of Commerce Government Affairs Committee meeting.

Vice Mayor Flaherty reported his attendance at the annual Association of Bay Area Government’s General Assembly held on June 17, 2022.

Mayor Harris reported that he was interviewed by Shawn Hanley, who is earning his Eagle Scout merit badge, on the subject of homelessness.

6. PUBLIC COMMENT
Mayor Harris opened public comment.

Mayor Harris reported that the City Council received two written public comments from Annie Wright, Animal Rights Coalition, and one email signed from a “Concerned Citizen” regarding Consent Calendar Item 7.7.

Charlette (no last name given), spoke about her experiences with the Contra Costa Animal Services Department and other local agencies concerning an injured deer on the roadway.

Peter Wilson was unable to connect via Zoom to make a public comment. Mayor Harris allowed Mr. Wilson to make a public comment after item 8.1 was heard. Mr. Wilson’s comment was regarding the Contra Costa Animal Services Department.

Mayor Harris closed public comment.

7. CONSENT CALENDAR
Motion (Noack/Rinn) to Approve all consent items excluding item 7.7, which was pulled for further discussion, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

7.1 Approve Minutes for the Regular City Council Meeting of June 6, 2022

7.2 Approve Checks Dated: June 3, 10, & 17, 2022

7.3 Update on Contra Costa Transportation Authority and TRANSPAC

7.4 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

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Attachment: June 27, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 June 27, 2022

7.5 Approve Appointment Recommendations to the Diversity Commission, Education Commission, and Library Commission

7.6 Adopt Resolution No. 43-22 Establishing the Proposition 4 Appropriations Limit Pursuant to Article XIIIB of the California Constitution for the Fiscal Year 2022/2023

7.8 Adopt Resolution No. 45-22 Authorizing the City Engineer to Request to the State Department of Transportation (Caltrans) for the Allocation of Funds on a State Grant to Develop a Local Road Safety Plan (LRSP) and Resolution No. 46- 22 Authorizing the City Engineer to Issue a Request for Proposal (RFP) to Solicit Professional Engineering Services to Prepare a Local Road Safety Plan (LRSP)

7.7 Adopt Resolution No. 44-22 Authorizing the City Manager to Execute an Updated Agreement and Side Letter Agreement with the Contra Costa County Animal Services Department and Rescinding Resolution No. 32-06 – Item Pulled from Consent
Councilmember Noack said that the Side Letter Agreement issued by the Contra Costa County Animal Services Department (Animal Services) clarifies the ambiguities of Section 13.d of the updated agreement between the City and Animal Services.

Janet Coleson, City Attorney, summarized negotiations with Animal Services regarding the Side Letter Agreement.

Motion (Noack/Rinn) to Approve item 7.7, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

8.1 Adopt Resolution No. 47-22 Approving Diablo Vista Water System 2022 Drought Management Plan
Ann James, Maintenance Superintendent, delivered a presentation to consider approval of the Diablo Vista Water Systems (DVWS) 2022 Drought Management Plan, adopted by the DVWS Board in response to the Contra Costa Water District’s (CCWD) temporary drought surcharge that was approved on June 15, 2022.

Phil Williamson, DVWS Board Member (via Zoom), and Domenic Debellis, CCWD, were present to answer questions.

No one from the public spoke on the item.

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Attachment: June 27, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 4 June 27, 2022
Motion (Noack/Flaherty) to Approve item 8.1, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.2 Public Hearing and Adopt Resolution No. 48-22 Approving the Engineer’s Report, Confirming Diagram and Assessment and Ordering Levy of Assessments for Fiscal Year 2022-2023 in Assessment District No. 20 (Commercial Landscaping and Lighting)

8.3 Public Hearing and Adopt Resolution No. 49-22 Approving the Engineer’s Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments for Fiscal Year 2022-2023 in Assessment District No. 22 Items 8.2 and 8.3 were heard together, and then voted upon separately.

Danielle Habr, Principal Management Analyst/City Clerk, introduced items 8.2 and 8.3 to consider approval of the Engineer’s Report, confirming the diagram and assessment, and ordering the level of assessments for Fiscal Year 2022/2023 for Assessment District No. 20 and No. 22, respectively. Ms. Habr introduced Rick Clark of Harris & Associates, who delivered the presentation regarding each assessment district and their financial information.

No one from the public spoke on either item.

Motion (Rinn/Flaherty) to Approve item 8.2, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
Motion (Rinn/Flaherty) to Approve item 8.3, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.4 Adopt Resolution No. 50-22 Authorizing and Directing the City Manager to Execute a 12-month Pilot Operating Agreement with Bird Rides, Inc. to Operate Electric Scooters within the City of Pleasant Hill
Ethan Bindernagel, Community Development Director/Assistant City Manager, stated that he provided an updated version of the Operating Agreement with Bird Rides, Inc. to Councilmembers and the public which included an extra signature line for a Bird Rides, Inc. representative and contact information.

Mr. Bindernagel delivered a presentation on the item. Mike Butler, Bird Rides, Inc., was present and answered questions from Councilmembers.

No one from the public spoke on the item.

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Attachment: June 27, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 5 June 27, 2022
Motion (Noack/Rinn) to Approve item 8.4, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
Mayor Harris called for a recess at 8:30 p.m.

Mayor Harris reconvened the meeting at 8:42 p.m.

9. ADMINISTRATION AND FINANCE

9.1 Adopt Resolution No. 51-22 Approving the Changes to the Fiscal Year 2022/2023 Master Fee Schedule
Erick Cheung, Finance Manager, introduced the item to consider approval of the changes to the Fiscal Year 2022/2023 Master Fee Schedule (MFS).

Ross Yangwas, Accountant, provided a presentation regarding the MFS and the annual Consumer Price Index adjustment impacting the MFS for Fiscal Year 2022/2023.

No one from the public spoke on the item.

Motion (Flaherty/Noack) to Approve item 9.1, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9.2 Adopt Resolution No. 52-22 Approving the FY 2022/2023 through FY 2023/2024 Biennial Budget and Resolution No. 53-22 Amendments to FY 2021/2022 Erick Cheung, Finance Manager, introduced the item to consider approval of the Fiscal Year 2022/2023 through Fiscal Year 2023/2024 Biennial Budget and amendments to the Fiscal Year 2021/2022 Budget.

No one from the public spoke on the item.

Motion (Noack/Flaherty) to Approve item 9.2, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9.3 Consideration of Resolution No. 54-22 Calling for a Ballot Measure to Ask Voters Whether the Position of Pleasant Hill City Treasurer Should be Elective or Appointive
Danielle Habr, Principal Management Analyst/City Clerk, provided a report on the item.

Andrew Kalinowski, Pleasant Hill Interim City Treasurer, made a public comment.

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Attachment: June 27, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 6 June 27, 2022
Motion (Noack/Flaherty) to Approve item 9.3, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

10. ADJOURNMENT
Mayor Harris adjourned the meeting at 9:33 p.m. The next regular meeting will be held on Monday, July 11, 2022, beginning at 7:00 p.m.
________
CAROL W. WU, CITY CLERK RECORDER

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Attachment: June 27, 2022 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: July 11, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: JUNE 24, 2022 AND JUNE 30, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Sabrina Kwan, Accounting Technician II
Approved by: Erick Cheung, Finance Manager

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

CITY COUNCIL STAFF REPORT
Meeting Date: July 11, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: REAFFIRM RESOLUTION NO. 33-22 APPROVING CONTINUED

TELECONFERENCED, HYBRID OR IN-PERSON MEETINGS OF ALL

CITY LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF
AB 361

SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act. The measure requires that the findings allowing for teleconferenced meetings are affirmed every 30 days. On June 27, 2022, the City Council reaffirmed Resolution No. 33-22 (adopted May 2, 2022) allowing for teleconferenced, in-person, or hybrid (a blend of remote and in-person participants) public meetings of the City’s legislative bodies. Staff recommends the City Council reaffirm the resolution for the next 30-day period.

DISCUSSION
Background
AB 361 temporarily authorizes local agencies to hold teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act when the legislative body of the local agency holds a meeting: 1) during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing; 2) during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees; and 3) during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council has been utilizing AB 361 to hold teleconferenced meetings since October 2021 for the City Council and all subsidiary City commissions, boards, and committees.

On May 2, 2022, the City Council adopted Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.

The City Council reaffirmed that resolution on May 16th and at both June meetings.

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Analysis
In order to continue teleconferenced or hybrid meetings, the Council must reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

The State of California is still under an emergency declaration regarding COVID-19, and as of the publishing of the agenda packet that contains this report, both State and local health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Contra Costa Health Services updated its Recommendations for Safely Holding Public Meetings on June 14, 2022 (attached).

The State of California emergency declaration regarding COVID-19 remains in effect, and both State and local health officials continue to encourage online public meetings as online meetings present the lowest risk of transmission of COVID-19. If meeting in-person, social distancing, to help stop the spread of COVID-19 is recommended.

The June 27th reaffirmation of Resolution No. 33-22 expires on July 27, 2022, which falls before the next City Council meeting (in August). Staff therefore recommends the City Council reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all City legislative bodies through August 10, 2022 pursuant to the provisions of AB 361.

The City will continue to monitor State and local recommendations and guidelines and update the findings every 30 days, in compliance with AB 361.

FISCAL IMPACT
None

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.

1 There are still references to social distancing in state materials including: the Frequently Asked Questions (“FAQs”) for Medi-Cal beneficiaries located at https://www.dhcs.ca.gov/Pages/COVID-19-Vaccines.aspx updated February 15, 2022; the guidance on additional vaccine doses for persons who are immunocompromised located at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/ThirdVaccineDoseQandA.aspx updated June 23, 2022; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training updated June 21, 2022.

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ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
Provide further direction to staff.

ATTACHMENT(S):

Resolution No. 33-22
Recommendations for Safely Holding Public Meetings (June 14, 2022) Prepared by: Danielle K. Habr, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager

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RESOLUTION NO. 33-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

ALLOWING FOR IN-PERSON, HYBRID TELECONFERENCED, OR FULLY

TELECONFERENCED MEETINGS OF ALL LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361, AND RESCINDING AND REPLACING RESOLUTION 19-22
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies that meet via teleconference, including through other virtual or electronic means such as Zoom, to provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the City Council finds that the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act; and WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that state or local officials continue to recommend measures to promote social distancing; and
WHEREAS, the City Council desires that the City of Pleasant Hill, including all its commissions, committees, and other Brown Act bodies, shall have the option of holding public meetings in-person with social distancing, via hybrid teleconferencing, or via fully teleconferencing, pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill;
Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. This Resolution rescinds and replaces Resolution 19-22.

Section 3. The City Council and all other City commissions, committees, or other Brown Act Bodies shall be authorized to meet in person with social distancing, via hybrid teleconferencing or via fully teleconferencing the meeting. A hybrid approach is one in which some persons are permitted to attend in-person, as space permits, and others are permitted to attend virtually. The legislative body shall indicate which type of meeting it is holding by noting at the top of each agenda whether an in-person location is being

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Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 7/11/22-8/10/22) made available and if it is, approximately how many members of the public may be accommodated.

Section 4. The City Council shall take action to renew this Resolution every thirty days for as long as any state or local officials continue to recommend measures to promote social distancing, but the City Council may terminate the Resolution at any time.

In the event that more than thirty days pass in between regular City Council meetings for any reason, the City Council shall take action to renew this Resolution prior to taking any action or engaging in any deliberation or discussion at the beginning of the next regular meeting or a special meeting called for such purposes.

Section 5. The City Council hereby finds and determines that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” pursuant to Section 15378(b)(5) of the CEQA Guidelines.

Section 6. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council declares that it would have adopted this Resolution regardless of the invalidity of any particular portion of this Resolution.

Section 7. This Resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 2nd day of May, 2022, by the following vote:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 7/11/22-8/10/22) Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of June 14, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 6-14-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County

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Attachment: Recommendations for Safely Holding Public Meetings (June 14, 2022) (Teleconferenced, Hybrid or In-person Meetings 7/11/22-

CITY COUNCIL STAFF REPORT
Meeting Date: July 11, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE MAYOR AND

THE CITY MANAGER TO EXECUTE A SUCCESSOR MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF PLEASANT HILL

AND THE PLEASANT HILL POLICE ASSOCIATION

SYNOPSIS
Adoption of the proposed resolution would authorize the Mayor and City Manager to execute the successor Memorandum of Understanding (MOU) between the City of Pleasant Hill and the Pleasant Hill Police Association (PHPA).

DISCUSSION
Background
A bargaining team comprised of IEDA Consultant Greg Ramirez and the City’s Human Resources Manager and Finance Manager negotiated with representatives of PHPA in good faith to reach agreement on a successor MOU. The parties began meeting on March 16, 2022, prior to the current MOU covering the PHPA contract expiration date of June 30, 2022. After six productive negotiations sessions the parties successfully reached a tentative agreement on June 28, 2022. The PHPA membership held a ratification meeting on July 8, 2022 and the tentative agreement was approved by the membership at that time.

Analysis
The City has negotiated in compliance with the Meyers-Milias-Brown Act (MMBA) and all other applicable requirements to reach agreement with the PHPA unit on a new MOU that meets the interests of both parties. The following are the noteworthy changes in the proposed MOU relative to its predecessor:
 Change in term to July 1, 2022 through June 30, 2023.  Annual cost of living adjustment (COLA) of 3% effective July 1, 2022, reflected in the PHPA Salary Sheet.
 One-time, non-pensionable, lump sum payment of five thousand dollars ($5,000)

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FISCAL IMPACT
The adoption of the proposed resolution authorizing the execution of the MOU between the City and PHPA will increase the City’s costs by approximately $232,000 in salaries and benefits for the life of the contract. An additional $245,000 will be used from the remaining American Rescue Plan Act (ARPA) funds to replace lost revenue that would otherwise have been available to provide employees with competitive benefits necessary to ensure adequate retention of staff to continue providing sufficient services; the approved Fiscal Year 22-23 budget will be adjusted accordingly.

The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends approving the proposed resolution.

ALTERNATIVES TO RECOMMENDED ACTION
Council can redirect staff to continue to negotiate with PHPA.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 – Redline Comparison Document
Exhibit 2 – PHPA MOU July 1, 2022 through June 30, 2023 Prepared by: Ericka R. Mitchell, Human Resources Manager Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING

A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PLEASANT HILL AND

THE PLEASANT HILL POLICE ASSOCIATION
WHEREAS, the most recent memorandum of understanding (MOU) covering the Pleasant Hill Police Association (“PHPA”) expired on June 30, 2022; and WHEREAS, the City Council retained the Industrial Employers and Distributors Association (IEDA) to provide representation services in discussions with the PHPA concerning terms of a successor MOU; and
WHEREAS, Gregory Ramirez, IEDA employee, served as the City’s labor relations consultant to confer over those terms with representatives of PHPA; and WHEREAS, meetings have been conducted between the City’s bargaining team and PHPA, resulting in tentative terms of the successor MOU; and
WHEREAS, the terms of said successor MOU are set forth in full in writing in the redline comparison document (Exhibit 1) and the MOU (Exhibit 2) attached hereto; and WHEREAS, an additional $245,000 will be used from the remaining American Rescue Plan Act (ARPA) funds to replace lost revenue that would otherwise have been available to provide employees with competitive benefits necessary to ensure adequate retention of staff to continue providing sufficient services; ; and
WHEREAS, the approved Fiscal Year 22-23 budget will be adjusted accordingly; and WHEREAS, the PHPA membership voted to ratify the tentative terms of the proposed successor MOU;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the terms of the attached MOU are by this reference incorporated herein and shall have effect according to its terms when signed by the authorized representatives of PHPA and the City as provided herein. At that time, Resolution No. 37-21 approving the expired MOU shall be deemed superseded and rescinded.

BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the successor MOU in the form attached hereto, subject to any non-substantive changes acceptable to the City Attorney, and following signing by the authorized PHPA representative(s). [Signatures on Following Page]

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Attachment: Proposed Resolution (MOU with PHPA)
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 11th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (MOU with PHPA)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE PLEASANT HILL POLICE ASSOCIATION AND

THE CITY OF PLEASANT HILL
July 1, 2021 2022 to June 30, 20222023

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) i

TABLE OF CONTENTS
ARTICLE I PREAMBLE.............................................................................................1 ARTICLE II RECOGNITION .......................................................................................1 ARTICLE III DEDUCTION OF DUES ..........................................................................1 ARTICLE IV MANAGEMENT RIGHTS/EMPLOYEE RIGHTS .....................................2 Section A. Incorporation of Provisions from Resolution No. 25-77............2 Section B. Equal Employment Opportunity ...............................................3 ARTICLE V REPRESENTATIVE ROLE .....................................................................3 ARTICLE VI SALARIES AND OTHER COMPENSATION ..........................................3 Section A. Salary Increases .....................................................................3 Section B. Sergeant Differential................................................................4 Section C. Salary Schedule .....................................................................4 Section D. [RESERVED] ..........................................................................4 Section E. Special Duty Compensation or “Premium Pay”........................4

1. Introduction .............................................................................4

2. Field Training Officer (“FTO”)...................................................4

3. Dispatchers .............................................................................5

4. Community Service Officers.....................................................5

5. SWAT Assignment...................................................................5

6. Special Duty Assignment as Motorcycle Officer .......................5

7. Special Duty Assignment as Canine Officer.............................5

8. Evidence/Forensics Assignment ..............................................6

9. Evidence Community Service Officer.......................................6

10. Detective Premium..................................................................6

11. Shift Differential.......................................................................6

12. Community Resource Officer ..................................................6

13. School Resource Officer ........................................................6

14. Professional Standards Sergeant ...........................................7

15. Crisis Intervention Team (CIT) Assignment ............................7 Section F. Acting Pay ...............................................................................7

1. Generally .................................................................................7

2. Exception.................................................................................7 Section G. Call Out Pay for Court Appearances .......................................7 Section H. Call Out Pay for Training .........................................................8 Section I. Call Out Pay for Mandatory Meetings .......................................8 Section J. Educational Degree Incentive Pay for Sworn
and Civilian Personnel ......................................................8 Section K. POST Certification For Sworn Personnel ................................9 Section L. Uniform Allowance...................................................................9

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) ii

1. Time of Payment......................................................................9

2. Uniform Allowance for Civilian Personnel.................................9

3. Uniform Allowance for Sworn Personnel ..................................9 Section M. Bilingual Pay.........................................................................10 Section N. Vehicles for Investigators ......................................................10 ARTICLE VII WORKING CONDITIONS ......................................................................10 Section A. FLSA Work Periods; Rest Periods.........................................10

1. Basic Work Period .................................................................10

2. Work Periods for Employees on “3-12” Shift Schedule...........10

3. Rest Period............................................................................10 Section B. Overtime Provision................................................................11 Section C. Holiday and Compensatory Accumulated Time.....................11 Section D. Payroll Issues........................................................................12

1. Payment of Wages When Transitioning to or From
Daylight Savings Time.....................................................12

2. Procedure for Handling Overpayments of Wages ..................12 Section E. Provision of Meals During Emergencies ................................13 ARTICLE VIII HEALTH AND SAFETY ........................................................................13 Section A. General .................................................................................13 Section B. Hepatitis Vaccinations ...........................................................13 ARTICLE IX LEAVES OF ABSENCE AND OTHER TIME OFF .................................14 Section A. Sick Leave.............................................................................14

1. Accrual of Use of Sick Leave .................................................14

2. Payment for Accrued, Unused Sick Leave .............................14 a. Annually ......................................................................14 b. Upon Separation From Employment
Other Than Retirement ........................................14 c. Upon Death While Still Employed ................................15 d. Upon Retirement .........................................................15 Section B. Vacation Leave .....................................................................15

1. Earning of Vacation Leave .....................................................15

2. Payment for Accrued, Unused Vacation Leave ......................16 Section C. Holidays ................................................................................16 Section D. Personal Leave Day..............................................................17 Section E. Maternity Leave.....................................................................17 Section F. Medical Leave .......................................................................17 Section G. Family and Medical Leave ....................................................18 Section H. Personal Leave of Absence ..................................................18 Section I. Military Leave ........................................................................18 Section J. Jury Leave .............................................................................18 Section K. Workers Compensation Leave ..............................................18

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) iii
Section L. Bereavement Leave...............................................................19 Section M. Immediate Family .................................................................19 ARTICLE X BENEFITS .............................................................................................19 Section A. Medical Plan..........................................................................19 Section B. Deferred Compensation – In Lieu of Medical.........................19 Section C. Dental Insurance ..................................................................19 Section D. Vision Plan............................................................................20 Section E. Life Insurance........................................................................20 Section F. Disability Insurance ...............................................................20

1. Disability Insurance for Civilian Personnel..............................20

2. Disability Insurance for Sworn Personnel...............................20 Section G. [RESERVED] ........................................................................21 Section H. (Deferred Compensation (457 Plan)......................................21 Section I. CalPERS Retirement ..............................................................21 Section J. Educational Expense Reimbursement ...................................22 Section K. Medical Premium Payments Following Retirement................22

1. Employees Hired Prior to August 1, 2011 with at Least 20 Years of Service.........................................................22

2. Employees Hired Prior to August 1, 2011 with at Least 15 Years of Service but Less than 20 Years....................23

3. Employees Hired After August 1, 2011 ..................................23

4. Employees Eligible for Disability Retirement ..........................23 ARTICLE XI HEALTHCARE COST CONTAINMENT COMMITTEE...........................24 ARTICLE XII ICMA VANTAGECARE RETIREE HEALTH SAVINGS PLAN ("RHS PLAN") FOR POST RETIREMENT HEALTHCARE COSTS .................24 ARTICLE XIII SPECIAL DUTY SELECTION PROCEDURE ........................................25 Section A. Screening and Selection .......................................................25 Section B. Duration of Special Duty Assignments...................................25 Section C. Temporary Assignments .......................................................26 Section D. Miscellaneous Provisions ......................................................26 ARTICLE XIV MASTER OFFICER/CORPORAL/SERGEANT PROGRAM ..................26 Section A. Master Police Officer Program...............................................26

1. Police Officers........................................................................26

2. Lateral Peace Officers............................................................27 Section B. Master Corporal Program ......................................................27 Section C. Master Sergeant Program .....................................................28 Section D. Special Duty Assignments.....................................................28

1. For Lateral Officers ................................................................28

2. Officer Special Duty Assignments ..........................................29

3. Corporal Special Duty Assignments .......................................29

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) iv

4. Sergeant Special Duty Assignments ......................................29

5. Fulfillment of Special Duty Assignments - Defined .................30

6. Professional Standards Sergeant Assignment Selection and Conditions ................................................................30 Section E. Responsibilities .....................................................................30 Section F. Application Process ...............................................................31 Section G. Pay Differential......................................................................31 ARTICLE XV NOTICE OF LAYOFFS ..........................................................................31 ARTICLE XVI DISCIPLINE AND GRIEVANCE PROCEDURE.....................................31 Rule 13-Disciplinary Action.....................................................................31 Rule 17-Grievance Procedure ................................................................36

ARTICLE XVII DUE PROCESS IN INVESTIGATIONS AND DISCIPLINARY MATTERS ...............................................................................................................39 ARTICLE XVIII WORK ACTIONS...................................................................................39 ARTICLE XIX FULL AGREEMENT ..............................................................................39 ARTICLE XX SAVINGS CLAUSE................................................................................40 ARTICLE XXI TERM OF AGREEMENT .......................................................................40

ARTICLE XXII RECOGNITION OF THE ASSOCIATION / CLASSIFICATIONS WITHIN THE BARGAINING UNIT .........................................................40 ATTACHMENTS:

EXHIBIT A: SALARY SCHEDULE...........................................................................................42 EXHIBIT B: MATERNITY LEAVE POLICY ..............................................................................43

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

PLEASANT HILL POLICE ASSOCIATION

AND THE

CITY OF PLEASANT HILL

ARTICLE I

PREAMBLE
This Memorandum of Understanding ("Agreement") is made and entered into effective July 1, 20212022, by and between the City of Pleasant Hill ("City"), and the Pleasant Hill Police Association ("Association").

The purpose of this Agreement is threefold: 1) to promote the improvement of personnel management and employee relations; 2) to provide an equitable and peaceful procedure for the resolution of differences; and 3) to establish rates of pay and other terms and conditions of employment.

The City and the Association agree that all employees of the City share in the important responsibility of providing superior service to the public and that every job and position is considered to be important.

Nothing in this Agreement between the parties shall invalidate or be substituted for any provision in City Resolution No. 25 -77 unless specifically agreed to herein.

ARTICLE II

RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 25 - 77, the City hereby recognizes the Pleasant Hill Police Association as the bargaining representative for purposes of representing the police employees identified in Article XX in the General Unit with respect to their compensation, hours, and other terms and conditions of employment for the duration of this Agreement.

ARTICLE Ill

DEDUCTION OF DUES
Upon receipt of a written “Certified Member List” issued by a duly appointed official of the Association, the City shall deduct dues and Association benefit amounts as determined by the Association from police employees’ payroll and remit said amounts to the Association on a

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 2 semi-monthly basis for the duration of this Agreement.

The employee’s earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues and Association benefit amounts as authorized.

When an employee is in a non-pay status for an entire pay period, no withholding will be made.

In the case of an employee who is in a no-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other legal and required deductions have priority over Association dues.

The Association shall hold the City harmless from any and all claims related to deducting and remitting the dues and Association benefit amounts referred to in this Article.

ARTICLE IV

MANAGEMENT RIGHTS/EMPLOYEE RIGHTS
Section A. Incorporation of Provisions from Resolution No. 25-77 The following provisions of Resolution No. 25-77 are specifically incorporated into this Agreement:
"SECTION 3.3. DISCRIMINATION AGAINST EMPLOYEE
The City and employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against employees because of their exercise of their right to refuse to be represented by an organization and their right to represent themselves in their employment relations with the public agency."
"SECTION 4. MANAGEMENT RIGHTS
The City of Pleasant Hill retains the sole right to manage its business, expressly those rights designated by law and indicated in the City Ordinances and Resolutions; to maintain order and efficiency in its departments and divisions and to provide systems and procedures to effectuate its business; prepare, establish and reaffirm personnel rules and regulations in handling employee matters utilizing the intent and provisions of this resolution to effectuate said rules and regulations. The City may designate management and confidential positions and restrict employees in such positions from representing any certified or non-certified employee organizations." "SECTION 5. EMPLOYEE RIGHTS
The employees of the City of Pleasant Hill shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. An employee or an employee representative shall

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 3 have reasonable time off as requested and approved, without loss of compensation or benefits to formally meet and confer with management on matters within the scope of representation."
Section B. Equal Employment Opportunity
The City is an equal employment opportunity employer. No person shall be discriminated against with respect to his/her employment on the basis of race, color, religion, gender (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical or mental disability, legally protected medical condition, family care status, veteran status, marital status, sexual orientation, or any other basis protected by federal or California state law.

ARTICLE V

REPRESENTATIVE ROLE
The Association shall designate employee representatives, at the beginning of the term of this Agreement, for purposes of meeting with Management on terms and conditions of this Agreement or representing employees during the process of handling a grievance. The Board of Directors of the Association may meet individually or collectively to discuss items of grievance and/or provisions of this Agreement. Reasonable time off shall be allowed to meet with Management, to discuss matters of grievance and/or provisions of this Agreement, or to meet and confer as provided by state law.

Regular Association business meetings shall not be held on City time, and City equipment and supplies are not to be used for Association business. City premises can be used for such if scheduled in advance and during the workday. Employee representatives shall notify their immediate supervisor of the time and anticipated duration of such meetings.

The Association is allowed four (4) representatives and one (1) alternate to meet and confer with Management in order to develop a new Memorandum of Understanding or discuss items contained in the present Memorandum of Understanding.

Any authorized representative of the Association shall have the right to contact individual employees working within the representation unit in any City facilities during business hours on matters within the scope of representation, provided that such contact does not interfere with the operations of the Police Department or City.

ARTICLE VI

SALARIES AND OTHER COMPENSATION
Section A. Salary Increases

1. Wage increases for sworn members of the Police Association shall be as follows:

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 4 a. Effective July 1, 2021 2022 - three percent (3%) of base hourly wage rates in effect June 30, 20212022;

2. Wage increases for civilian members of the Police Association shall be as follows:
a. Effective July 1, 2021 2022 – three percent (3.0%) of base hourly wage rates in effect June 30, 20212022;
Section B. Sergeant Differential
At each equivalent step, Police Sergeants shall be paid a base salary which is at least fifteen percent (15%) higher than the base salary of Police Officers.

Future salary increases will continue this fifteen percent (15%) minimum differential.

Section C. Salary Schedule
The salary schedule effective July 1, 2021 2022 for the classifications included within the Pleasant Hill Police Association is attached as Exhibit A.

Section D. [This section D intentionally left blank for possible future expansion.] Section E. Special Duty Compensation or “Premium Pay”
From time-to-time as determined by the Chief of Police, yet to be established Special Duty assignments eligible for “Premium Pay” may be created in addition to those identified herein. In the event an additional Special Duty assignment is created, the City shall notice the Association of the creation of such additional Special Duty assignment and offer to meet-and-confer over the impacts of said assignment.

1. Introduction
Employees assigned to certain Special Duty assignments will be eligible for additional compensation known as premium pay. Employees are only eligible for premium pay compensation for one assignment at a time. The Chief of Police, or his/her designee, shall select and assign employees to special duty assignments as outlined in Article XI of this Agreement.

2. Field Training Officer ("FTO")
The Field Training Officer is an Officer or Corporal who has completed a Departmentapproved FTO Trainer or Instructor's course and has been designated as a FTO by the Department.

The FTO shall receive premium pay of five percent (5%) of his/her base pay for each consecutive four (4) hour assignment when assigned to train full-time sworn officers, provided the FTO has completed a P.O.S.T.FTO course or is a Department-approved FTO. Whenever possible, trainees shall be assigned to qualified FTO's.

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 5 3. Dispatchers
Dispatcher l's and Dispatcher ll's, if assigned as trainers, will receive premium pay of an additional five percent (5%) of their base pay for each consecutive two (2) hours of training responsibility. This premium pay is allowed provided the Dispatcher I or Dispatcher II has been selected as a department dispatcher trainer and has completed department-approved trainer courses/programs.

Additionally, Dispatcher l's and Dispatcher ll's must also be P.O.S.T. certified dispatchers to qualify for premium pay under this section. The failure of a dispatcher to pass the P.O.S.T. dispatcher certification shall not affect his/her employment status in any way except that, if assigned as a trainer, the dispatcher may not receive premium pay.

4. Community Service Officers
Community Service Officer l's and ll's, if assigned as trainers, will receive premium pay of an additional five percent (5%) of their base pay for each consecutive two (2) hours of training responsibility.

5. SWAT Assignment
This assignment has specific and periodic duties. The City will pay the premium pay of five percent (5%) of base pay only under the following conditions:
a. During training assignment;
b. During call outs; and
c. During specific SWAT details.

6. Special DutyAssignment as a Motorcycle Officer
Officers assigned to the special duty assignment of Motorcycle Officer shall receive additional pay equivalent to three (3) hours each month, unless he/she is receiving additional pay as FTO.

7. Special Duty Assignment as a Canine Officer
Employees assigned to the position of Canine Officer shall be paid for the care, feeding, exercise, and grooming of the canines and the routine, off-duty canine-related maintenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off-duty canine care, and determined it to be twenty-four and one-half (24.5) hours per month. Canine Officers shall therefore be paid 24.5 hours per calendar month of overtime rate of pay based on the canine care hourly pay rate twelve dollars and forty-five cents ($12.45)twelve dollars and eighty-two cents ($12.82) per hour at the time this 20212022-2022 2023 MOU took effect. This

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 6 results in an overtime rate of eighteen dollars and sixty-eight cents ($18.68)nineteen dollars and twenty-four cents ($19.24) per hour and a monthly payment of four hundred fifty-eight dollars ($458)four hundred seventy-one dollars ($471). The canine rate shall be included in base pay for overtime calculation purposes.

The canine rate will be increased or decreased at the same rate as the top step base pay rate for Police Officer (i.e., if the top step pay rate is increased by 3%, the canine rate will be increased by 3%). The Canine rate will always be at least California minimum wage.

8. Evidence/Forensics Assignment
Personnel assigned to the position of Evidence/Forensic Specialist shall receive a pay differential of two and one-half percent (2.5%) above base pay, for as long as they occupy the position. This compensation shall be included in base pay for overtime calculation purposes.

9. Evidence Community Service Officer
Personnel assigned to the classification of Evidence Community Service Officer shall receive a pay differential of five percent (5%) above base pay for the Community Service Officer assigned to the position, for as long as they occupy the position. This compensation shall be included in base pay for overtime calculation purposes.

10. Detective Premium
A sworn employee regularly assigned as a Detective in the Investigations/Detective unit shall receive a premium equal to five percent (5%) of the employee’s base hourly pay rate for the duration of the assignment.

11. Shift Differential
An employee whose regularly scheduled shift commences on or after 1700 hours and is regularly scheduled to conclude before 0600 hours will be paid an hourly shift differential equal to five percent (5%) of the employee’s base hourly wage rate for hours worked on that shift during the period the employee is assigned to such schedule.

12. Community Resource Officer
Officers assigned to the special duty assignment of Community Resource Officer shall receive a pay differential of five percent (5%) above base pay for the Community Resource Officer assigned to the position, for as long as they occupy the position. This compensation shall be included in base pay for overtime calculation purposes.

13. School Resource Officer
Officers assigned to the special duty assignment of School Resource Officer shall receive a pay differential of five percent (5%) above base pay for the School Resource

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 7 Officer assigned to the position, for as long as they occupy the position. This compensation shall be included in base pay for overtime calculation purposes.

14. Professional Standards Sergeant
Sergeants assigned to the special duty assignment of Professional Standards Sergeant shall receive a pay differential of two and one-half percent (2.5%) above base pay for the Professional Standards Sergeant assigned to the position, for as long as they occupy the position. This compensation shall be included in base pay for overtime calculation purposes.

15. Crisis Intervention Team (CIT) Assignment
Officers assigned to the special duty assignment of Crisis Intervention Team (CIT) shall receive a pay differential of two-and-one-half percent (2.5%) above base pay for as long as assigned. This compensation shall be included in base pay for overtime calculation purposes.

Section F. Acting Pay

1. Generally
An employee who is temporarily assigned duties outside his/her assigned job classification for six (6) consecutive working days or more shall, upon the Chief of Police's approval, be paid acting pay of an additional five percent (5%) of his/her base pay beginning the sixth (6th) day the employee performs said duties. To the extent required by the FLSA, Acting Pay rate shall be included in regular rate for all overtime calculation purposes.

2. Exception
A Corporal temporarily assigned duties outside his/her assigned job classification shall, upon the Chief of Police's approval, receive acting pay of an additional five percent (5%) of his/her base pay only after twenty (20) working days or more performing said duties, which pay shall be retroactive to the first (1st) day the employee performed said duties.

Section G. Call Out Pay for Court Appearances
Subject to the exception noted below, all employees will receive four (4) hours minimum overtime for court appearance from 8:00 a.m. to 12:00 p.m., and/or 1:00 p.m. to 5:00 p.m., and/or Traffic Court (after 5:00 p.m.) or call out if their appearance is necessitated either on a regular day off or during their normal off-duty time on a regular workday.

All employees will receive two (2) hours minimum overtime for court appearances scheduled on a regular day off or normal off-duty time when the court appearance is canceled less than twenty-four (24) hours prior to the appearance time. For the purposes of this section, off-duty time is all time preceding the employee's first regularly scheduled shift and all time following

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 8 the regularly scheduled end of his/her last shift.

Section H. Call-Out Pay for Training
Subject to the exception noted below, all employees will receive four (4) hours minimum overtime for training if their attendance at the training is required either on their regular day off or during their normal off-duty time on a regular workday.

Where the training occurs after an employee's scheduled shift, the four (4) hour rate will be paid if there is any break in time between the end of the employee's shift to the time of the required training.

If the training occurs prior to an employee's shift, then it must occur more than four (4) hours prior to the beginning of the employee's shift in order for this provision to apply. If the training occurs less than four (4) hours before the start of the employee's shift, then the paid overtime shall be the actual time between the start of the training and the start of the employee's shift.

AU employees will receive two (2) hours of minimum overtime for in-house, departmentconducted training scheduled during the employee's off-duty hours when the training is cancelled less than twenty-four (24) hours prior to the start of the training. For the purposes of this section, off-duty time is all time preceding the employee's first regularly scheduled shift and following the end of his/her last regularly scheduled shift.

Section I. Call Out Pay for Mandatory Meetings
Employees called back to work on a regular day off or regular off-duty time to attend mandatory meetings will receive a minimum of four (4) hours overtime for the meeting, unless the meeting occurs less than four (4) hours prior to the start of their next duty shift (in such cases, the employee will receive overtime compensation for all hours preceding the start of his/her shift). Employees may be required at the direction of the Division Commander to remain on duty and to perform other work beyond the conclusion of the meeting and will be paid at the overtime rate for any additional time worked in excess of four (4) hours up to the start of his/her shift.

Section J. Educational Degree Incentive Pay for Sworn and Civilian Personnel The City and the Association recognize that the attainment of a degree above classification minimum requirements will enhance the ability of an employee to provide service to the public.

Education Degree Incentives are non-cumulative and do not compound.

1. All sworn personnel shall be entitled to one educational degree incentive pay in addition to their monthly base pay pursuant to the following schedule:
a. Bachelor's Degree 5% of base pay/month
b. MA/MS Degree 7.5% of base pay/month

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 9 2. Sworn employees with a City hire date on or prior to July 1, 1996 who have 80 quarter units or 120 semester units plus an Advanced POST Certificate shall receive a nonpensionable 2.5% education incentive until such time as the employee is eligible for and is receiving a higher Education Incentive under Article VI, Section J.

3. Civilian personnel employed by the City shall be entitled to educational degree incentive pay in addition to their monthly base pay as follows:
a. A.A. Degree or 90 quarter units 1.25% of base pay/month or 60 semester units
b. Bachelor's Degree, or 180 quarter
units or 120 semester units 5% of base pay/month
c. MA/MS Degree 7.5% of base pay/month
Section K. POST Certification for Sworn Personnel
All sworn personnel who possess a POST Certificate shall be entitled to one POST incentive pay in addition to their monthly base pay pursuant to the following schedule:

1. Intermediate POST Certificate 1.25% of base pay/month

2. Advance POST Certification 2.5% of base pay/month
Post Incentives are non-cumulative and do not compound.

Section L. Uniform Allowance

1. Time of Payment
Uniform allowance shall be paid once a year with the August 5th paycheck.

2. Uniform Allowance for Civilian Personnel
Civilian personnel shall receive a uniform allowance annually, provided all articles of clothing worn as a uniform conform to the standards set by the Chief of Police. The annual uniform allowance paid to civilian personnel in 2020 2021 was nine hundred seventy-one dollars ($971)nine hundred eighty-seven dollars ($987). The annual uniform allowance paid to civilian personnel in 2021 2022 is nine hundred eighty-seven dollars ($987)one thousand thirty-six dollars ($1,036). The City shall adjust this amount to reflect the annual Consumer Price Index for San Francisco, Oakland and San Jose on April 1st of each year.

3. Uniform Allowance for Sworn Personnel
Sworn personnel shall receive a uniform allowance annually. The annual uniform allowance paid to sworn personnel in 2020 2021 was one thousand two hundred ninety-three dollars

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 10 ($1,293)one thousand three hundred fourteen dollars ($1,314). The annual uniform allowance paid to sworn personnel in 2021 2022 was is one thousand three hundred fourteen dollars ($1314)one thousand three hundred and eighty dollars ($1,380). The City shall adjust this amount to reflect the annual Consumer Price Index for San Francisco, Oakland and San Jose on April 1st of each year, not to exceed a total annual allowance of two-thousand dollars ($2000.00).

Section M. Bilingual Pay
Bilingual pay in the amount of seventy-five dollars ($75.00) per month shall be paid to qualified, eligible members of the Association. The Chief of Police or his/her designee shall determine eligibility and qualification standards and procedures.

Section N. Vehicles for Investigators
Each investigator will be assigned a specific unmarked vehicle for his/her use in the follow-up investigation of assigned cases or other assigned duties.

Investigators may drive their assigned vehicles to and from work. Vehicles should be garaged if possible and if not possible, left locked. Persons other than employees will not drive the vehicles.

These assigned vehicles should not be routinely used for transportation during off-duty hours.

Assignment of a city vehicle is intended to be compensation for rotational "on call" duty or assignment.

Section O. One-Time Lump Sum Compensation
The City will pay a one-time, non-pensionable, lump sum payment of five thousand dollars ($5,000) to each bargaining unit member actively employed by the City 1) at the start and 2) end of the second full pay period following Council adoption and 3) at time of payment. Said onetime payment is to be paid on the regular payroll and subject to all applicable withholding.

ARTICLE VII

WORKING CONDITIONS
Section A. FLSA Work Periods; Rest Periods

1. Basic Work Period
The basic work period for employees shall consist of a forty (40) hour workweek, unless modified in accordance with the requirements of the Fair Labor Standards Act ("FLSA").

2. Work Periods for Employees on “3-12" Shift Schedule

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 11 In accordance with the FLSA, civilian employees working a "3-12" shift schedule will have "52 week/2,080 hour" work periods as set forth in Section 7(b) of the FLSA, rather than 40-hour workweek periods, and shall be paid overtime in accordance with the requirements of Section 7(b). Sworn employees working a "3-12" shift schedule will continue to have 28-day work periods under Section 7(k) of the FLSA rather than 40- hour workweek periods, and shall be paid overtime in accordance with the requirements of Section 7(k).

3. Rest Period.

Rest periods shall be of a fifteen (15) minute duration, allowing for one (1) rest period each half of the employee's workday.

Section B. Overtime Provision
The City will comply with the Department of Labor guidelines for the administration of the Fair Labor Standards Act, including those guidelines and regulations governing the calculation and payment of overtime. The City affirms that it will follow FLSA rules pertaining to paying overtime and not adjusting work periods to avoid the payment of overtime. The purpose of this is to eliminate random work period/shift schedule adjustments. This does not apply to rescheduling for the purposes of facilitating attendance at training schools or similar activities.

Overtime received for a continuation of a regularly scheduled shift, or preceding a regularly scheduled shift, will be for actual time worked after or preceding the regularly scheduled shift.

Actual overtime received will be computed to the nearest fifteen (15) minutes.

Section C. Holiday and Compensatory Accumulated Time
The City will allow employees within the Association to choose, with approval of the Department Head, whether they will be paid or given time off for all holidays, as well as compensatory time earned. Members assigned to special assignments who are not permitted to work holidays shall not be required to make up regularly assigned shift hours and shall not experience a loss in compensation as a result of any holiday.

For employees who are required to work on a holiday that falls on his/her regularly scheduled day off or outside of his/her regularly scheduled work hours, overtime shall be paid at the rate of two and one-half (2.5) times the employee's regular rate of pay for work performed on a regularly scheduled holiday.

Regularly scheduled days off refer to the employee’s weekly and bi-weekly recurring three-day and/or four-day scheduled “weekends” or designated “RDOs.” Regularly scheduled work hours do not include any hours an employee is needed to work before or after a shift to maintain required staffing levels and specifically does not include “short days” within the current schedule.

Employees who work on a holiday because it occurs during their regular work schedule shall receive their regular pay for such hours worked and, in addition, shall receive eight (8) hours of additional pay at the straight time rate.

All accumulated time under provisions of this benefit shall not exceed a maximum accumulated

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 12 time of one hundred (100) hours.

Once per calendar year, the City will agree to buy back holiday time, or other compensatory time. Hours eligible for this buy back provision must be accumulated prior to the current pay period. Requests for "buy back" must be submitted prior to the payroll period in which the "buy back" payment is sought.

Compensatory time off ("CTO") requests will be granted in accordance with the current Fair Labor Standards Act ("FLSA") provisions. Compensatory time off requests requiring the Police Department to assign overtime in order to maintain minimum staffing levels will be limited to one person per shift. All requests requiring overtime in order to maintain minimum staffing levels will be submitted twenty-one (21) calendar days in advance of the requested date.

Requests for compensatory time off will be approved on a first-come first-served basis.

Requests submitted on the same date for the same day off will be approved based upon rank and seniority.

No compensatory time off (CTO) request shall be granted where it comes in conflict with a previously granted vacation leave request of another employee, when overtime limitations as defined above have already been reached. A previously approved vacation (of thirty-six (36) hours or more) shall always supersede a CTO request of twelve (12) hours or less. If a CTO request does not force a second overtime requirement for a shift, then both may be granted.

This amendment shall supersede the twenty-one (21) calendar day requirement if there is a conflict.

Requests to utilize accrued holiday time shall be governed by the same provisions as CTO.

The provisions of this section will be subject to the Department of Labor's guidelines implementing the Fair Labor Standards Act.

Section D. Payroll Issues

1. Payment of Wages When Transitioning To or From Daylight Savings Time In the Spring, when transitioning to Daylight Savings Time (DST), employees working during the one (1) hour transition from Standard Time to DST will be paid only for hours actually worked. Employees working on a shift which includes the one (1) hour transition shall use their accrued compensatory time, vacation time or holiday time to make up the lost work hour.

Alternatively, the City may require the employee to work one (1) additional hour.

In the Fall, when transitioning from DST, employees working during the one (1) hour transition will be paid for all hours worked, and will be compensated at overtime pay rates or be credited equivalent compensatory time for the DST transition and any other overtime worked.

2. Procedure for Handling Overpayments of Wages
Following notice to the overpaid employee, the employee shall have two (2) weeks in which to submit in writing a request for a grace period for repayment. The grace period shall not exceed one (1) pay period for each twenty-five dollars ($25.00) owing. For example, if the amount of the overpayment was one hundred twenty five dollars ($125.00), the maximum length of the grace period would be five (5) pay periods.

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 13 The overpaid employee's written request for a grace period must be acknowledged in writing by the Finance Department to be effective.

No grace period shall be allowed for an overpayment of one hundred dollars ($100.00) or less for sworn personnel or fifty dollars ($50.00) or less for civilian personnel.

If an overpaid employee does not make a written request for a grace period as set forth in this section, then the overpaid monies shall be repaid to the City in such manner as the City deems appropriate.

Upon separation of employment, the overpaid employee's grace period is automatically terminated and any remaining amounts of overpayments shall be deducted from the separated employee's final paycheck.

Section E. Provision of Meals During Emergencies

1. The City will provide a meal to employees working under emergency circumstances.

The meal may be provided at a pre-designated restaurant, as a box lunch or equivalent, or through reimbursement up to fifteen dollars ($15.00) per allowed meal including tax and tips upon production of a valid receipt.

2. For purposes of this section, "emergency circumstances" means an immediate response or holdover to a police department-authorized call outside of the employee's regular work shift for three (3) hours or greater duration when the responding employee has had no time or opportunity to prepare or obtain a meal. Emergency circumstances do not include overtime court appearances, or previously scheduled overtime. Previously scheduled overtime is overtime scheduled with four (4) or more hours notice.

3. Employees eligible for a meal under emergency circumstances under this section will be granted a 45-minute meal break for their meal subject to call back. If the eligible employee is assigned to a fixed position, and relief is not possible, the meal will be provided to the employee on site when the nature of the operation permits.

4. The Chief of Police or his/her designee shall have discretion to determine whether this provision shall be applied.

ARTICLE VIII

HEALTH AND SAFETY
Section A. General
The City shall comply with all applicable Federal, State, and City safety laws and regulations and shall furnish to all employees all safety equipment required by law.

Section B. Hepatitis Vaccinations

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 14 1. The City and the Association recognize that employees assigned to this bargaining unit are subject to a greater occupational risk of exposure to the hepatitis viruses. The City and the Association further recognize that it is in both the City's and Association members' benefit to vaccinate against the hepatitis viruses.

2. To minimize the risk of contracting hepatitis, all Police Officers, Corporals, Sergeants, Community Service Officers and any other civilian member of the Association who perform matron duties or other duties that raise their risk of exposure to hepatitis are to be offered the option of receiving hepatitis vaccination(s) at the City's expense. Booster vaccination(s), if deemed necessary by competent medical advice, shall also be provided at the City's expense at appropriate intervals.

3. Newly hired employees in the above-listed classifications shall be advised in writing by the Human Resources department of the employee's option to receive hepatitis vaccination(s) at City expense. If the employee exercises his/her option, the vaccination process shall begin within 90 days of the new employee's notification to the Human Resources department of his/her wish to receive the vaccination(s).

4. The vaccinations shall be conducted in an approved medical manner by health care professionals at a facility determined by the City.

ARTICLE IX

LEAVES OF ABSENCE AND OTHER TIME OFF
Section A. Sick Leave

1. Accrual and Use of Sick Leave
Employees earn sick leave with pay at the rate of eight (8) hours per calendar month of service. Full sick leave is earned by each employee on paid leave of absence. An employee may take paid sick leave beginning the first month of employment. Sick leave is not earned by an employee on unpaid leave of absence, or by an employee on leave covered by the City's private disability plan.

2. Payment for Accrued. Unused Sick Leave
a. Annually
An employee eligible to accrue sick leave is entitled to receive, on either the December 5t pay day or the January 5th pay day, a cash payment in the amount of twenty-five percent (25%) of the sick leave accrued and unused during that calendar year, provided that the employee shall have to his/her credit on November 30th not less than thirty (30) days of unused sick leave. The rate of pay for this purpose is the rate of pay as of November 30th. The amount of time for which an employee is paid shall be deducted from the employee's total accumulation.

An employee who does not opt for cash payment may convert twenty five percent

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 15 (25%) of the unused portion of the sick leave accrued in the current calendar year to additional vacation time.

An employee may elect to retain accrued sick leave in lieu of payment or conversion to vacation leave.
b. Upon Separation From Employment Other than Retirement An employee in good standing with at least five (5) years of service from the date of employment who separates because of voluntary resignation or abolishment of position, payment to the employee for accumulated sick leave shall be to a maximum of twenty-five (25) days, paid at the rate of one (1) day for each four (4) days of unused sick leave and will not be entitled to CalPERS service credit for those hours. c. Upon Death While Still Employed
Sick leave payment for Sworn Officers upon death prior to retirement shall be as follows:

In the event of death in the line of duty, as stipulated in the case's Medical Report, payment shall be one hundred percent (100%) of accumulated sick leave. Payment shall be made at the rate of the employee's salary at the time of death.

In the event of a death due to any other circumstance prior to the eligibility date for normal service retirement, payment shall be provided as in Section A.2.b.of this Article (above). If such death occurs when the employee is eligible for retirement, and he/she would have been eligible for the benefits provided under Section A.2.d.(1) or Section A.2.d.(2) of this Article (see below), then those benefits shall apply instead.
d. Upon Retirement
When an eligible employee retires, the first 2080 hours of his/her accrued sick leave is reported to PERS for purposes of calculating PERS retirement service credit pursuant to PERS regulations. Thereafter, one hundred percent (100%) of an employee's accrued sick leave hours over 2080 hours at one hundred percent (100%) of the last day worked salary, calculated at net present value as of the date of retirement, shall be contributed to the employee's ICMA VantageCare Retiree Health Savings Plan ("RHS Plan") account pursuant to the Police Officers Association's RHS Plan adoption agreement.

Section B. Vacation Leave

1. Earning of Vacation Leave
Vacation leave is earned by employees, including employees on either sick or vacation leave, at the following rate:

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 16 YEARS OF SERVICE VACATION DAYS PER YEAR
1 12
2 12
3 12
4 15
5 15
6 15
7 16
8 16
9 16
10 18
11 18
12 18
13 18
14 18
15 21
16 21
17 21
18 21
19 21
20+ 23
Upon an Association employee’s reinstatement as defined in the Personnel Rules and Regulations, the reinstated employee’s years of service, for the purpose of vacation leave accrual only, shall be set at the number of years of service the employee had attained with the City prior to the resignation upon which the reinstatement is based.

The City Manager or his/her designee may, at his or her discretion, grant a new Police Department hire an initial vacation accrual rate (in one of the increments shown in the above accrual schedule) that reflects some or all years of service the employee provided to the employer with whom the new hire was employed at the time he or she accepted the offer of employment by the City of Pleasant Hill.

To the extent this exceeds the accrual rate the new hire would otherwise have enjoyed, under Section B.1 above, the new hire will remain at the preferential rate granted by the City Manager until the employee’s years of continuous service with the City of Pleasant Hill are of such number that they would qualify the employee for an increase in vacation accrual rate even if the employee had been hired without the granting of a preferential vacation accrual rate.

2. Payment for Accrued, Unused Vacation Leave
Upon written request by the employee in November of the preceding year, the City will buy back accrued, unused vacation hours provided the employee has used a minimum of thirty-six (36) consecutive hours of vacation during the twelve (12) months prior to the date of the request.

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 17 Additionally, the employee must have at least sixty (60) hours of accrued vacation leave at the conclusion of the vacation buy back transaction. The written request for the vacation buy back must be submitted to the Human Resources Manager by the last City business day of November.

Only hours which were accumulated prior to the last day of the month preceding the date of the request are eligible for the vacation buy back. Vacation buyback shall be limited to two requests per fiscal year.

Section C. Holidays
Employees who work a normal work week Monday through Friday will calculate holidays in the following manner:

1. If a holiday falls on Sunday, the following Monday is considered as the holiday;

2. If a holiday falls on Saturday, the preceding Friday is considered as the holiday.

An employee who wishes to observe days significant to his/her race or religion may do so with the approval of his/her Department Head. This time off will be charged to compensatory time, as defined in "Personnel Rules and Regulations", or vacation.

HOLIDAYS DATES
New Year's Day January 1
Martin Luther King, Jr. Day Third Monday in January
Lincoln's Birthday February 12
Washington's Birthday Third Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day November 11
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve Day
Christmas Day
If such holiday falls on a Saturday or Sunday, it shall be taken on the preceding Friday.

Section D. Personal Leave Day
One floating Personal Leave Day may be taken by the following classes: Dispatcher I and Dispatcher II, Dispatch Supervisor, Community Service Officer I, Community Service Officer II, and Records Supervisor. The Personal Leave Day must be taken as a full day and as time off and it may not be traded for cash payment.

Section E. Maternity Leave

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 18 The City will provide maternity leave in compliance with state and federal law and any City policy adopted with respect to maternity leave. See Exhibit "B" - attached.

Section F. Medical Leave
An employee who experiences a continued illness beyond the expiration of his/her sick leave may then charge the absence to either accrued compensatory time or vacation time.

After a thirty (30) day waiting period, civilian employees may elect to apply for disability insurance. Sworn employees must use accrued sick leave for a minimum of (60) days prior to applying for disability insurance. At the employee's option, and with the approval of the Human Resources Manager, an employee may elect to continue the use of his/her sick leave prior to applying for disability coverage.

Section G. Family and Medical Leave
The City will provide family and medical leave in compliance with state and federal law and any City policy adopted with respect to family and medical leave.

Section H. Personal Leave of Absence
A personal leave of absence is defined as a privilege which may be granted to an employee wishing to leave the City service without pay and in good standing for a limited period. The employee must submit a written request to his/her Department Head for such leave, stating the date of leave and the reason.

A Department Head may grant an employee a leave of absence for not more than ten (10) days when it is in the best interest of the City. An approved leave of absence for the purpose of additional job related education or training is an example of this practice.

The City Manager must approve a leave of absence without pay which exceeds ten (10) days.

Section I. Military Leave
The City will provide military leave in compliance with Federal and California state law and any City policy adopted with respect to military leave.

Section J. Jury Leave
An employee is entitled to receive jury leave with full pay, if he or she remits to the City all compensation received from jury duty. Compensation for mileage is not considered compensation for jury duty. The employee may elect to retain jury duty compensation, but is not entitled to salary while on jury leave.

Section K. Workers Compensation Leave
If an employee is incapacitated by sickness or injury received in the course of his/her employment, he/she shall be entitled to the benefits provided for him/her under California Labor

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 19 Code Section 4850, et seq., in lieu of sick leave.

When a civilian employee is off work as a result of a valid on-the-job injury sustained in the service of the City, the employee shall continue to receive pay in the amount of his/her monthly rate up to, but no longer than sixty (60) calendar days. Civilian employees regularly assigned to swing-shift or graveyard-shift schedules will be compensated at their normal base wage hourly rate on an hour-for-hour basis to attend medical appointments associated with an open Workers Compensation claim with the City when such attendance is required outside their regularly scheduled shift.

When a sworn employee is off work as a result of a valid on-the-job injury sustained in the service of the City, the employee shall continue to receive pay in the amount of his/her monthly rate up to, but no longer than, three hundred sixty- five (365) days, in accordance with California Labor Code Section 4850. Sworn employees regularly assigned to swing-shift or graveyardshift schedules will be compensated at their normal base wage hourly rate on an hour-for-hour basis to attend medical appointments associated with an open Workers Compensation claim with the City when such attendance is required outside their regularly scheduled shift.

Section L. Bereavement Leave
A regular scheduled employee may be granted up to four (4) days of leave of absence with pay by the Chief of Police or his/her designee because of death in the immediate family. For purposes of this Section only, "day" means the normally scheduled hours the employee works in one day.

Section M. Immediate Family
The immediate family of an employee includes his/her mother, stepmother, father, stepfather, husband, wife, son, stepson, daughter, stepdaughter, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent in-law, domestic partner (upon submission of an affidavit), domestic partner's parents, domestic partner's grandparents, domestic partner's siblings, and domestic partner's children.

ARTICLE X

BENEFITS
Section A. Medical Plan
The City shall continue to provide medical coverage to members of the Association up through full family coverage. Every effort will be made to continue to provide two carriers for medical coverage. Members of the Association bargaining unit shall contribute twenty percent (20%) of the medical premium payment for either Kaiser or Blue Shield at each level of participation through payroll deductions
If an employee returns from Medical Leave, the City agrees to re-enroll the employee immediately in any plan applicable hereunder, should re-enrollment be necessary.

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 20 Section B. Deferred Compensation - In Lieu of Medical Upon proof to the Human Resources Manager of medical coverage from another source, employees may elect to have the City pay $400.00 per month on their behalf into the City's Deferred Compensation Plan in lieu of the City's contribution to the employee's medical plan.

Such employees shall not be required to make the contributions to medical premiums described in Section A of this Article.

Section C. Dental Insurance
The City will pay the full cost of the following dental plans: (1) $1500 maximum per year per employee or eligible dependent "dental only" plan; and (2) combination $1,000 per year dental/$1,000 per lifetime orthodontic plan. Employees may enroll themselves and their eligible dependents in one or the other of these two plans. The parties agree to search for another combination dental/orthodontic plan that provides a higher dental benefit than the current combination dental/orthodontic but costs no more than the dental only plan.

Section D. Vision Plan
The City agrees to provide Association employees and their dependents with a vision insurance plan that will allow one (1) examination, and one (1) pair of eye glasses or one (1) pair of contact lenses on an annual basis.

Section E. Life Insurance
The City agrees to continue to pay the total premium costs for $50,000 decreasing term Life Insurance on the life of each employee for the length of this Memorandum of Understanding.

Section F. Disability Insurance

1. Disability Insurance for Civilian Personnel
a. During the first thirty (30) days of disability, a civilian employee is required to utilize sick leave or, if the employee does not have the required thirty (30) days of sick leave time, he or she may use accumulated vacation credits to cover that first thirty (30) days.
b. If the employee is still disabled after thirty (30) days, he or she qualifies for the continuation of regular salary payments until the first Long Term Disability (L.T.D.) check is received. However, upon receipt of the first disability check, the employee must reimburse the City for any overpayment.
c. The Long Term Disability (L.T.D.), which begins after the thirty (30) day waiting period, is adjusted annually on August 1 to concur with the then-current City wage schedule. While an employee is on disability the City will continue to pay the medical, dental and life insurance premiums for the employee. The City agrees to pay the total cost of L.T.D. premiums. The L.T.D. Plan will pay sixty-six and twothirds percent (66-2/3%) of the employee's base salary.

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 21 2. Disability Insurance for Sworn Personnel
L.T.D. for sworn personnel is provided through a contract with PORAC for Sworn personnel. While an employee is on disability, the City will continue to pay the medical, dental and life insurance premiums for the employee. The City agrees to pay the total cost of the L.T.D. payments.

Effective November 1, 2007, L.T.D. coverage for sworn officers shall be provided through PORAC's partially self-funded plan to be paid by the City. The savings attributable to the switch to this less expensive L.T.D. plan shall be divided evenly among the Association's entire membership (sworn and civilian}, and contributed to the members' retirement health savings plan through ICMA. To determine what the contribution will be the first year, the parties will look at the actual premium costs for the current L.T.D. plan and partially self-funded L.T.D. plan as of November 1, 2007. The difference between the two shall be the amount divided evenly among the members' ICMA VantageCare Retirement Health Savings Plan ("RHS Plan") accounts, on a monthly basis. Each succeeding year, the parties will look at what the cost of the current L.T.D. plan would have been to the City and subtract the cost of the partially self-funded L.T.D. plan. Any savings or additional costs will be split evenly between the City and the Association, and the resulting amount will be divided evenly among the members' RHS Plan accounts, on a monthly basis.

Section G. [This Section G intentionally left blank for possible future expansion] Section H. Deferred Compensation (457 Plan)
Each employee shall have the option of making monthly contributions to the City's Deferred Compensation Plan.

Section I. CalPERS Retirement

1. The City will continue to provide retirement benefits under the City's present contract with the California Public Employees' Retirement System ("CalPERS" or "PERS") for Sworn and Civilian personnel. This contract includes, but is not limited to, "Single Highest Year" retirement benefit computation, 3%@50 for sworn personnel and 2%@55 for civilian personnel. Effective April 16, 2012, the pension formula was reduced for new members employed on or after April 16, 2012 to 2%@60 for civilian personnel and 3%@55 for sworn personnel and final compensation for those new employees will be based on a three-year average. On and after January 1, 2013 the provisions of the Public Employee Pension Reform Act of 2013 (“PEPRA”) applies to and determines the CalPERS pension benefits of each “new member” of CalPERS as defined by Government Code section 7522.4. At the time this 2016-19 MOU was adopted by the parties this included the following summarized pension formulas for affected employees, as indicated below:
a. PERS Safety (sworn) members: two and seven tenths percent (2.7%) at age fiftyseven (57) years with final average salary determination based on the three highest consecutive years’ average annual compensation earnable;

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 22 Miscellaneous PERS members: two percent (2.0%) at age sixty-two (62) years with final average salary determination based on the three highest consecutive years average annual compensation earnable.

2. Classic CalPERS Members will pay the full CalPERS Member contribution as follows:
• Safety (sworn) - 9%
• Miscellaneous - 7%

3. “New members” (benefits determined by PEPRA) will pay fifty percent (50%) of the normal cost rate determined from time to time by Cal PERS for their respective benefit plans, as required by PEPRA.

Section J. Educational Expense Reimbursement
The City agrees to provide reimbursement to Association members for educational expenses as follows:

1. The course or courses taken must: (a) relate to the employee's job or be a part of a degree program which has application to City service; and (2) be approved by the Chief of Police.

2. If the requirements in Section J.1. are met, the City will reimburse the employee for books and technology upgrades or additions, and will also pay the employee eighteen dollars ($18.00) per month per credit unit for tuition, up to a maximum of nine (9) units per semester or quarter, provided the total amount paid to the employee for all of these items (including the $18 per month per credit unit} does not exceed five hundred dollars ($500.00) per semester or quarter, and two thousand dollars ($2,000.00) per calendar year overall.

3. To be reimbursed for tuition, books, and technology upgrades or additions, the employee must provide proof satisfactory to the City that the employee is actually enrolled in the course(s), and that the books, technology upgrades and/or technology additions are in fact required for the course(s) being taken. Such proof includes, but is not limited to, purchase receipts, course syllabus, written requirements, and/or written confirmation from the instructor.

4. This educational reimbursement shall remain in force throughout each year of education, providing the employee meets the conditions for payment. If the employee fails to complete the unit work, the employee will be required to reimburse the City for any amount received and not entitled to.

Section K. Medical Premium Payments Following Retirement

1. Employees Hired Prior to August 1, 2011 with at Least 20 Years of Service a. Employees hired prior to August 1, 2011 who retire with at least 20 years of service are entitled to reimbursement of medical premium payments based on the following

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 23 schedule:

Sick Leave Balance
Upon Retirement
Term of
Reimbursement of
Medical Premium
Payments
At least 75% of
accrued sick leave
hours
5 years
At least 50% but less
than 75% of accrued
sick leave hours
3 years
Less than 50% of
accrued sick leave
hours
2 years
b. Medical Premium Payment Reimbursements will be capped as follows (based on declaration of employee upon retirement):
• Employee Only - $1000/month
• Employee plus One - $1,500/month
• Employee plus Family - $2,000/month

2. Employees Hired Prior to August 1, 2011 with at Least 15 Years of Service but Less than 20 Years
a. Employees hired prior to August 1, 2011 who retire with between 15 and 20 years of service are entitled to reimbursement of medical premium payments based on the following schedule:

Sick Leave Balance
Upon Retirement
Term of Reimbursement
of Medical Premium
Payments
At least 75% of
accrued sick leave
hours
18 months
Less than 75% of
accrued sick leave
hours
1year
b. Medical Premium Payment Reimbursements will be capped as follows (based on declaration of employee upon retirement):
• Employee Only - $1000/month
• Employee plus One - $1,500/month
• Employee plus Family - $2,000/month

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 24 3. Employees Hired After August 1, 2011
Employees hired after August 1, 2011 are not entitled to any medical premium payment reimbursement upon retirement. Instead, employees hired after August 1, 2011will receive a contribution of $50.00 per month into their ICMA VantageCare Retirement Health Savings Plan (RHS Plan). In the event the employee dies before exhaustion of the funds in the employee's RHS Plan account, and leaves no surviving spouse or dependents, the remaining funds shall revert back to the City.

4. Employees Eligible for Disability Retirement
An employee who is awarded a disability retirement from the City of Pleasant Hill after five (5) consecutive years of service, but who is still employable in another type of occupation, will be eligible for medical insurance premiums paid by the City for one (1) year following the date of retirement or until re-employed, whichever comes first. If the employee is unemployable in any type of occupation the City will pay the medical insurance premiums for a period of five (5) years.

ARTICLE Xl

HEALTHCARE COST CONTAINMENT COMMITTEE
Section A. Each year the City and Association agree to participate in a joint Healthcare Cost Containment Committee (“HCCC”). The purpose of the Committee shall be to seek long term structural reductions in the City’s escalating cost of health care and health insurance coverage by means that may or may not involve cost shifting.

Section B. The HCCC shall be comprised of one (1) voting member from each of the City’s employee organizations that elect to participate in the HCCC and the Human Resources Manager who shall have one vote. Inasmuch as the City contracts with healthcare providers or insurers (currently Kaiser and Health Net) on a City-wide basis, the parties will actively encourage other bargaining units to participate in the HCCC.

Section C. Except as provided herein, no change in plan design will be voluntarily incorporated in the City’s provider or carrier agreements unless recommended by a majority vote of the unit representatives participating in the HCCC and in attendance for the pre-scheduled vote, agreed upon by the Association, and formally adopted the City Council. However, if the monthly premium charged by a provider or carrier would exceed the amount that, after the effective date of the Excise Tax under the Patient Protection and Affordable Care Act (“ACA”), would trigger the Excise tax under the ACA (whether charged directly to the City, provider, or carrier) at the applicable level of enrollment (single or multi-party), the City may implement changes in plan design necessary to reduce the premium to a level that would not trigger the tax. Such change shall be limited in the aggregate to that degree of change reasonably necessary to keep premiums below the tax threshold while maximizing benefits available within the negotiated envelope below the tax threshold. The City will afford the Association an opportunity to meet and discuss the changes before they are implemented. The terms of this Section C reflect all steps required for the City to complete its obligations under

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 25 the MMBA that may otherwise attach to deciding upon and implementing such changes.

ARTICLE XII
ICMA VANTAGECARE RETIREE HEALTH SAVINGS PLAN ("RHS PLAN")

FOR POST RETIREMENT HEALTHCARE COSTS
An RHS Plan shall be established to provide for post-retirement healthcare costs with contributions to be made as set forth in Article IX, Section A.2.d, Article X, Section F.2 and Article X, Section K.3.

ARTICLE XIII

SPECIAL DUTY SELECTION PROCEDURE
Section A. Screening and Selection
The following screening process shall be used when selecting Officers for specified special duty assignments, including Field Training Officers. This does not include the assignment or reassignment of any sergeant or corporal to a special duty assignment.

The Chief of Police or his/her designee shall post announcements of Special Duty Assignments at least two (2) weeks prior to the beginning of the screening process. The examination announcement shall describe the minimum qualifications and the desired qualifications of the position.

1. Applicants shall submit an interest memo to the Chief of Police or his/her designee. The memo shall describe the applicant's experience and qualifications.

2. The selection process will consist of the following steps:
a. Evaluation of the application to ensure that minimum qualifications are met. b. Written evaluation of all qualified applicants by all available department supervisors (Sergeants). This evaluation will account for fifty percent (50%) of the total score. c. Oral interview to measure job knowledge, education, job performance, and past work experience. This portion will account for fifty percent (50%) of the total score. The oral interview panel shall be comprised of persons who have not participated in the written evaluation.

4. An Appointment List shall be established and shall remain in effect for one (1) year unless exhausted or extended by the Chief of Police for a period not to exceed six (6) months.

5. Appointments shall be made from the top three (3) candidates on the appointment list.

Any list with less than three (3) candidates may be declared void by the Chief and the

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 26 process begun again.

Section B. Duration of Special Duty Assignments
Length of appointment shall be as follows (in years):

ASSIGNMENT MINIMUM MAXIMUM
Detective 2 4
Detective Corporal 1 3
Detective Sergeant 1 3
Community Resource Officer 2 4
School Resource Officer 2 4
DARE 2 4
Motorcycle Officer 4 6
Traffic Sergeant 1 3
Report Review 1 3
Detective CSO 1 3
Patrol CSO 1 3
Canine Officer Service life of
the canine
Service life of the
canine
Professional Standards Sergeant 2 4
The length of appointment may be extended up to two-years, in one-year increments with the mutual agreement of the Chief of Police and the employee. Assignment or recent assignment to a special duty assignment shall not limit eligibility for another special duty assignment. For purposes of this section, assignment to the SWAT team does not count as a special duty assignment.

Section C. Temporary Appointments
Temporary appointments to special duty may be made by the Chief pending the completion of a normal selection process, or for other purposes of a limited nature.

Temporary appointments to special duty assignments may be made of persons assigned to "modified duty" for medical or administrative reasons.

In the event there are no applicants for a special duty assignment, the Chief may make a temporary appointment.

Section D. Miscellaneous Provisions
All personnel holding special duty assignments as of the date of this Agreement shall be grandfathered into the assignment.

Assignments to the SWAT team shall be effective until relieved.

Rotations of special duty assignments shall run concurrently with patrol rotations. This may be

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 27 varied by the Chief of Police with notice to the Association, based upon the needs of the organization.

ARTICLE XIV

MASTER OFFICER/CORPORAL/SERGEANT PROGRAM
Section A. Master Police Officer Program

1. Police Officers - Police Officers will be eligible for Master Police Officer ("MPO") designation upon satisfying the following:
a. A minimum of twelve and one-half (12.5) years of service as a sworn member of the Pleasant Hill Police Department;
b. Successful completion of a minimum of three (3) separate special duty assignments; and
c. Possession of an Advanced California P.O.S.T. certificate.

2. Lateral Peace Officers - Lateral Peace Officers will be eligible for MPO designation upon satisfying each of the following:
a. A minimum of six (6) years of service as a sworn member of the Pleasant Hill Police Department;
b. A sufficient number of years of service as a sworn Peace Officer of another California P.O.S.T. certified agency or agencies, such that the years with the prior agency(ies) and the required six (6) or more years of service with the Pleasant Hill Police Department total at least twelve and one-half (12.5) years of combined sworn Peace Officer service (sworn Peace Officer service with an out of state jurisdiction, in which said state has a reciprocal recognition agreement with California, will be considered qualifying service for this section);
c. Successful completion of at least three (3) separate special duty assignments, two (2) of which must have been with the Pleasant Hill Police Department. Successful completion of the remaining special duty assignment must be with another California P.O.S.T. certified agency or with an out of state jurisdiction that has a reciprocal recognition agreement with California; and
d. Possession of an Advanced California P.O.S.T. certificate.

Section B. Master Corporal Program
Corporals will be eligible for Master Corporal (MCpl) designation upon satisfying each of the following:

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 28 1. A minimum of twelve and one-half (12.5) years of service as a sworn member of the Pleasant Hill Police Department or the equivalent as set forth in Section A.2.a. above;

2. Either:
a. Four (4) years of service at the rank of Corporal with the Pleasant Hill Police Department (which four years may be completed within the overall 12.5 years of required service referenced in Section 8.1.above), and successful completion of two (2) separate special duty assignments as a Corporal from the list set forth in Section D.3. below; OR
b. Five (5) years of service at the rank of Corporal with the Pleasant Hill Police Department (which five years may be completed within the overall

12.5 years of required service referenced in Section 8.1. above), successful completion of one (1) special duty assignment as a Corporal (from the list set forth in Section D.3. below), and prior successful completion of one (1) special duty assignment from the list set forth in Section D.2. below; AND

3. Possession of an Advanced California P.O.S.T. certificate.

Section C. Master Sergeant Program
Sergeants will be eligible for Master Sergeant (MSgt) designation upon satisfying each of the following:

1. A minimum of twelve and one-half (12.5) years of service as a sworn member of the Pleasant Hill Police Department, or the equivalent as set forth in Section A.2.b. above;

2. Either:
a. Four (4) years of service at the rank of Sergeant with the Pleasant Hill Police Department (which four years may be completed within the overall 12.5 years of required service referenced in Section 8.1. above), and successful completion of two (2) separate special duty assignments as a Sergeant from the list set forth in Section D.4. below; OR
b. Five (5) years of service at the rank of Sergeant with the Pleasant Hill Police Department (which five years may be completed within the overall 12.5 years of required service referenced in Section B.1.above), successful completion of one (1) special duty assignment as a Sergeant (from the list set forth in Section D.4. below), and prior successful completion of one (1) special duty assignment from the list set forth in Section D.2. below; AND

3. Possession of both an Advanced P.O.S.T. certificate and a Supervisory California P.O.S.T. certificate.

Section D. Special Duty Assignments

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 29 From time to time the Chief of Police at his discretion may add existing Special Duty Assignments to the criteria listed below. Prior to implementation, the City shall offer to meetand-confer with the Association over the impacts of the additional Special Duty Assignment to the criteria for the Master Officer/Corporal/Sergeant Program. The Parties shall memorialize any Agreement that may result in the form of a written side letter.

1. For Lateral Officers
Special duty assignments for lateral police officers will include assignments with their former agencies that are comparable to those listed below. The Chief of Police or his/her designee shall be solely responsible for determining the comparability of the former agency special duty assignments.

2. Officer Special Duty Assignments
Special duty assignments for police officers shall include only the following:
a. Detective or TASK Force Detective.
b. Community Resource Officer.
c. School Resource Officer.
d. Motor Officer.
e. Canine Handler Officer.
f. Field Training Officer.
g. Corporal
h. DARE Officer.
i. Academy TAC Officer.
j. SWAT team member.
k. Departmental Instructor for one (1) of the following three (3) courses: Firearms Instructor, Force Options Instructor, or Driving Team Instructor. (Note: This shall count as only one (1) Special Duty Assignment, even if an individual teaches more than one (1) of the three (3) courses.)
l. Field Evidence Technician (C.S.I.)
m. Crisis Intervention Team (C.I.T.)

3. Corporal Special Duty Assignments
Special duty assignments for corporals shall include the following:
a. Detective Corporal.
b. SWAT member as a corporal.
c. Academy TAC corporal.
d. Field Evidence Technician (C.S.I.)
e. Crisis Intervention Team (C.I.T.)
f. Departmental Instruction for one (1) of the following three (3) courses: Firearms Instructor, Force Options Instructor, or Driving Team Instructor. (Note: This shall count as only one (1) Special Duty Assignment, even if an individual teaches more than one (1) of the three (3) courses.)

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 30 4. Sergeant Special Duty Assignments
Special duty assignments for sergeants shall include the following:
a. Detective Sergeant.
b. Professional Standards Sergeant.
c. SWAT member as a sergeant.
d. Traffic Sergeant.
e. Academy TAC Sergeant.
f. Departmental Instructor for one (1) of the following three (3) courses: Firearms Instructor, Force Options Instructor, or Driving Team Instructor. (Note: This shall count as only one (1) Special Duty Assignment, even if an individual teaches more than one (1) of the three (3) courses.)

5. Fulfillment of Special Duty Assignments – Defined
a. Successful completion of a special duty assignment requires at a minimum completion of the minimum tenure requirements of each special duty assignment (as set forth in Article XIII, Section B of this Agreement ["Special Duty Selection Procedure" - minimum and maximum lengths of appointment]). b. Successful completion of a special duty assignment further requires an overall evaluation of at least "meets standards" or "good".
c. SWAT will be considered a successful completed special duty assignment upon completion of two (2) years of continuous service with the team. d. Field Training Officer (FTO) will be considered a successfully completed special duty assignment when the officer has served as an FTO for a minimum of one (1) year and has trained at least two (2) trainees through one complete phase of the training cycle.

Special duty assignments shall not be made solely for the purpose of qualifying an officer, corporal or sergeant for the Master designation.

6. Professional Standards Sergeant Assignment Selection and Conditions a. The selection process for the Professional Standards Sergeant assignment will include a letter of interest, determination of minimum qualifications, evaluation by all available Division Commanders, and an interview panel. The Chief of Police will review the results and, in his/her discretion, make an appointment to the assignment. b. The Professional Standards Sergeant will report directly to the Captain and will typically work a four/ten schedule on weekdays. However, the Chief of Police retains discretion to alter this schedule and applicable assigned duties, particularly during peak periods (e.g., July 4). During office work hours, the Professional Standards Sergeant is expected to wear professional business attire or uniform. The Professional Standards Sergeant assignment is a special assignment subject to change by the Chief of Police; there is no property interest in retaining such special assignment.

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 31 Section E. Responsibilities
The performance dimensions for a MPO, MCpl or MSgt will include, in addition to the dimensions for Police Officer, Police Corporal and Police Sergeant, the following:
a. Acting as a mentor offering counsel, advice and training of fellow officers in developmental areas not limited to informal briefing or formal in-service training; and b. Providing advice and counsel in areas of their specific expertise that will provide benefits to their fellow officers, the Department, the City, and the Community.

Section F. Application Process
Each officer is individually responsible for initiating the application process for the Master designation and for providing the necessary supporting documentation. The Police Administration shall cooperate in the procurement of necessary supporting documentation.

Section G. Pay Differential
Police Officers, Corporals and Sergeants who achieve the Master designation shall receive a five percent (5%) pay differential which shall be included in the employee's base pay. This pay differential is not cumulative and does not compound.

ARTICLE XV

NOTICE OF LAYOFFS
The City shall give reasonable notice to the Police Association before effecting any layoffs which materially affect employees represented by the Association under this Agreement. Upon receiving such notice, the Association may meet and confer with the City regarding the effect of the layoff(s).

ARTICLE XVI

DISCIPLINE & GRIEVANCE PROCEDURES
The provisions contained within Rule 13 of the City's Personnel Rules and Regulations, "Disciplinary Action" and Rule 17 of the City's Personnel Rules and Regulations, "Grievance Procedure", shall apply as stated and as they may be amended from time to time. For convenience the current rules are duplicated below:

RULE 13

DISCIPLINARY ACTION

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 32 Human Resources Manager and approval of the City Manager. It is the intent and spirit of these rules to provide a fair and just approach to municipal employment in order that the City employees and officers may be selected on the basis of merit, but in no sense to handicap or curtail management in securing sufficient service. All persons holding positions in the permanent classified service shall be subject to suspension without pay for a period not to exceed thirty (30) calendar days within a fiscal year and also to demotion or removal from office or employment for misconduct, incompetency, inefficiency, or failure to perform duties or to observe the rules and regulations of the City, Department, or Office, but subject to the right of appeal of the aggrieved party to the appropriate appeal processes.

13.2 Authority to Discipline. The appointing authority shall have the power and duty to take disciplinary actions pursuant to provisions of this rule; provided, however, that when a Department Head is the appointing authority, prior notification must be given to the Human Resources Manager and approval of the City Manager must be obtained prior to taking the action.

13.3 Grounds for Disciplinary Action. The extent of the disciplinary action shall be commensurate with the offense, and the employee's prior employment history may be considered as pertinent in the determination. Just cause for disciplinary action may include, but is not limited to, any one or a combination of the following:

13.3a Fraud or deceit in securing employment, including but not limited to making a false or misleading statement in an interview or on an application for employment or on any supporting documents furnished with or made a part of any application.

13.3b Incompetency such as failure to comply with the minimum standard of an employee's position for a significant period of time.

13.3c Inexcusable neglect of duty, such as failure to perform duties required of an employee within his/her position.

13.3d Willful disobedience and insubordination such as a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position.

13.3e Dishonesty involving employment.

13.3f Unless authorized to do so, consuming, possessing an open container of, or being under the influence of, an alcoholic beverage while on duty. And/or, illegally using, consuming, injecting or otherwise ingesting, possessing, being under the influence of, selling or offering for sale, while on duty, any controlled substance as that term is defined in the California Health and Safety Code.

13.3g Addiction to the use of any "controlled substance" as that term is defined in the California Health and Safety Code or habitual use of alcoholic beverages, narcotics, or any habit-forming drugs. Any violation of the City's Drug Free Workplace Policy.

13.3h Inexcusable absence without leave, including failure to return to work as

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 33 scheduled upon expiration of an authorized leave of absence.

13.3i Conviction of a felony, or a misdemeanor involving moral turpitude.

13.3j Discourteous treatment to any member of the public or to any other employee or official of the City, including but not limited to the use of obscene or abusive language in the presence of others.

13.3k Improper or unauthorized use or possession of City property.

13.3l Violation of any of the rules, regulations, policies or procedures of any department or the City.

13.3m Any conduct which either during or outside of duty hours is of such a nature that it impairs, disrupts, or causes discredit to the public service of the City, including any such effect on the employee's department or division. Failure to maintain proper decorum during working hours which impairs, disrupts, or causes discredit to the public service of the City, including any such effect on the employee's department or division.

13.3n Use of sick leave or medical leave or family leave except in compliance with these Rules, the provisions of an applicable M.O.U. or any City policy. An example is taking sick leave without a doctor's certificate when one is required.

13.30 Knowingly failing to follow the procedures governing grievance.

13.3p Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property.

13.3q Mental or physical infirmity or defects which render the employee unfit for the proper performance of his/her duties, with respect to the Americans with Disabilities Act.

13.3r Off-duty employment not specifically authorized by the appointing authority or the City Manager.

13.3s Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation by an employee for the performance of his/her official duties.

13.3t Falsification of any City report or record, or of any report or record required to be filed by the employee.

13.3u Violation of any of the provisions of City Ordinances, Resolutions, or any rules, regulations, policies or procedures which may be prescribed by the City Council, or City Manager or Department Head.

13.3 Violation of City Policy on Sexual Harassment as determined by the City Manager, after hearing the facts, as spelled out in the Complaint Procedure Section.

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 34 13.4 Kinds of Action. The disciplinary action may be reprimand, suspension without pay, disciplinary demotion, reduction in step, dismissal, or any appropriate combination of these.

13.4a Deficiencies. Appointing authorities and supervisors shall discuss deficiencies in performance, conduct, and other matters with subordinates within a reasonable period of the time they are observed, pointing out corrective action the employee should take. As may be reasonable under the circumstances in the judgment of the supervisor or appointing authority, sufficient time for improvement shall precede formal disciplinary action. A confidential written record shall be made of such conference and shall be placed in employee's personnel file. Such notification of deficiencies does not constitute a disciplinary action under these Rules and Regulations.

13.4b Written Reprimand. An appointing authority may reprimand a subordinate for cause. Such reprimand shall be in writing and be addressed to the employee.

The employee shall be given the opportunity to respond in writing to the reprimand. A signed copy of the reprimand and of any written response by the employee shall be delivered to the Human Resources Manager along with a narrative report of the case for inclusion in the employee's personnel file.

13.4c Suspension Without Pay. A City employee may be suspended without pay by the appointing authority, after careful investigation, for a period of up to but not exceeding thirty (30) calendar days within a fiscal year as a disciplinary measure for cause.

13.4d Disciplinary Demotion. An appointing authority may demote an employee in pay range and/or salary of up to fifteen percent (15%) in any continuous twelve (12) month period for disciplinary reasons.

13.4e Dismissal. An appointing authority may terminate any employee who lacks permanent status, without cause. Such a termination does not constitute a disciplinary termination {also termed a Dismissal or Discharge) under these Rules.

An appointing authority may terminate a permanent employee under these Rules for just cause.

13.4f Reduction in Step Within Range. The withdrawal of increments granted for merit, efficiency and length of service. Reduction in pay is effective at the beginning of the next payroll period following the effective date of the disciplinary action.

Reduction may be permanent or temporary.

13.5 Effective Date of Disciplinary Action. The time designated by the person authorizing the action.

13.6 Policy and Procedure for Disciplinary Action. Prior to the suspension without pay, demotion, reduction in step within range, or discharge, of any employee for disciplinary purposes, the procedure set forth in this Rule 13.6 shall be complied with.

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 35 13.6a Written Notice. Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include a statement of the reason(s) for the action; the charge(s); the effective date(s); notice of the employee's right to respond either orally or in writing; the date, time, place and person to whom response may be made; and notice that failure to respond within the time specified shall constitute a waiver of the right to respond prior to final discipline being imposed.

13.6b Employee Review. The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based, and, if practicable, the employee shall be supplied with a copy of the documents.

13.6c Employee Response. Within five (5) working days after the employee has had the review opportunity provided above, the employee shall have the right to respond, orally or in writing, or both, at the employee's option.

13.6d Relief of Duty. Notwithstanding the provisions of this Rule, upon the recommendation of the Department Head and notification of the Human Resources Manager, the City Manager may approve the temporary assignment of an employee to a status of leave with pay pending conduct or completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.

13.6e Representation. In the pre-disciplinary procedure, the employee may be represented by an officer of the recognized employee group under whose representation the employee's classification falls, or by another representative of the employee's choice.

13.7 Notice of Disciplinary Action. Within ten (10) working days after the employee has had an opportunity to respond, the appointing authority shall notify the employee and the Human Resources Manager in writing of the disciplinary action to be imposed upon the employee, the reasons for the disciplinary action, and the effective date of the disciplinary action. The notice shall also advise the employee of his/her right to appeal.

13.8 Post-Disciplinary Appeal Procedure. An employee may appeal a discharge, demotion, reduction in step within range, or suspension without pay to the City Manager by filing a written request with the Human Resources Manager within five (5) working days of the date of the Notice of Disciplinary Action. The appeal shall include the reasons for the appeal. The employee may withdraw the appeal at any time by notifying the City Manager in writing.

13.8.a Appeal to City Manager

13.8a (1) Within ten (10) working days of the written request for appeal, the City Manager shall set a date for the appeal hearing and shall provide written notice of the date, time and location of the meeting to the employee, Department Head and Human Resources Manager.

13.8.a (2) The employee may be represented by any person of his/her choosing at the appeal hearing. The employee and his/her representative may

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 36 use a reasonable amount of work time as determined by the appropriate Department Head for the preparation and presentation of the appeal.

13.8.a (3) At the appeal hearing, the employee has the right to introduce relevant oral and written evidence on his/her behalf, and to confront and cross-examine adverse witnesses.

13.8.a (4) The City Manager shall render a written decision within five (5) working days from the date of the conclusion of the appeal meeting.

13.8a (5) With respect to demotion, reduction in step within range or suspension of five (5) days or less the decision of the City Manager shall be final.

13.8a (6) With respect to termination or suspension of more than five (5) days, the employee may elect binding arbitration pursuant to Rule 13.Bb Binding Arbitration by submitting a written request to the City Manager within five (5) days of the City Manager's decision.

13.8.b Binding Arbitration

13.8.b (1) Within ten (10) working days of the written request for appeal, an impartial Hearing Officer shall be selected from a list of names submitted by both parties. In the event the parties are unable to agree upon a mutually acceptable hearing officer, the matter shall be submitted to the American Arbitration Association (AAA). The Hearing Officer should have experience conducting similar types of appeals and will establish procedures for conducting the hearing.

13.8.b (2) The cost of the Hearing Officer shall be shared equally by both parties

13.8.b (3) The Hearing Officer shall render a written decision to both parties within twenty (20) working days from the date of the conclusion of the appeal hearing unless a different time frame is agreed upon between the parties.

13.8.b (4) The decision of the Hearing Officer shall be final.

13.9 Reimbursement for Loss of Pay.

13.9.a If the disciplinary action is subsequently revoked or modified, the employee is entitled to reimbursement for loss of City pay, if any. Reimbursement is limited to the period of time between the effective date of disciplinary action and the date of final decision on the appeal.

13.9.b No reimbursement may be made for any portion of the period during which the employee was not ready, willing and able to perform the duties of his/her position.

RULE 17

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 37 GRIEVANCE PROCEDURE
The following provision shall be applicable to employees under these Rules.

17.1 Purpose
The purposes of this grievance procedure are to:
a. Promote full communication between the City and its employees by providing a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment.
b. Assure the employee of a prompt and fair discussion on the issue involved. c. Provide that complaints are settled as near as possible to the point of origin. d. Encourage the prompt resolution of problems and complaints. e. Enable employees to make their complaints known by orderly process. f. Provide that complaints are heard and settled informally.

17.2 Statement of City Policy
Retaliatory or discriminatory action for using this procedure or discrimination in the application of a rule or policy is prohibited.

17.3 Applicability
This rule applies to (a) an individual's complaint or problem which arises from the application of administrative regulations, or from working conditions or personal conflict; or (b) a difference between the City and a recognized employee organization in the interpretation, application or alleged violation of these rules or a current memorandum of understanding.

The grievance procedures do not apply to:
a. disciplinary actions, which are governed by Rule 13; b. the determination of the contents of a job classification or a decision to reclassify a position;
c. the determination of procedures and standards for employment and promotion; d. items which require capital expenditure;
e. items subject to the meet and confer process as defined in the California Government Code;
f. all City rights reserved in the City's employer-employee relations

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 38 resolution.

17.4 Form of Complaint
An employee (the complainant) may present his/her complaint or problem verbally or in writing. If presented verbally, the complainant may submit the complaint in writing at any stage. The Supervisor, Department Head or Human Resources Manager may request that the complaint be put in writing.

If the complaint is in writing, the Supervisor, Department Head or Human Resources Manager shall respond in writing.

17.5 Grievance Procedure - Department Level
A complaint should be considered within the department whenever possible.

The employee should bring the complaint to the attention of the immediate supervisor as soon as possible. If the employee does not bring the complaint to the attention of the supervisor within ten (10) working days of the date of the action or incident causing the complaint, it is considered a waiver of the employee's right to submit the complaint (unless the action or incident is part of an ongoing pattern of behavior).

The supervisor shall consider the complaint and notify the complainant of the supervisor's action or decision within ten (10) working days from the date the complaint was submitted.

If the matter cannot be settled by the immediate supervisor, or if the complainant is still dissatisfied after the supervisor's decision, he/she may submit the complaint to the Department Head. The complaint should be submitted to the Department Head within ten (10) working days from the date of the supervisor's decision.

The Department Head shall confer with the complainant, the Supervisor and such other persons as may be necessary to gather all the facts and to find a solution. The Department Head must take action and so notify the complainant of the supervisor's action or so notify the complainant within ten (10) working days.

17.6 Grievance Procedure - Human Resources Manager Review If the complainant is not satisfied with the Department Head's decision, he/she may within ten (10) working days of the date of the Department Head's decision, request in writing a meeting with the Human Resources Manager. If no request is received within ten (10) working days, the complaint procedure ends.

Upon receiving a written request, the Human Resources Manager shall within ten (10) working days discuss the complaint with the complainant, and any other persons involved.

The Human Resources Manager shall render a decision in writing to the complainant, with a copy to the Department Head, within ten (10) working days.

17.7 Grievance Procedure - City Manager Review

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 39 If the complainant is not satisfied with the Human Resources Managers decision, he/she may within ten (10) working days of the date of the Human Resources Manager's decision, request in writing a meeting with the City Manager. If no request is received within ten (10) working days, the complaint procedure ends.

Upon receiving a written request, the City Manager shall within ten (10) working days discuss the complaint with the complainant, and any other persons involved.

The City Manager shall render a decision in writing to the complainant, with a copy to the Human Resources Manager within ten (10) working days. The decision of the City Manager is final.

17.8 Extension of Time Limit
Any time limit or stage of procedure in this rule may be waived for good cause and with the consent of both parties.

ARTICLE XVII

DUE PROCESS IN INVESTIGATIONS AND DISCIPLINARY MATTERS
The City affirms its commitment to comply fully with the provisions of the Public Safety Officers' Procedural Bill of Rights Act, as amended, with respect to investigations and disciplinary actions involving those employees who are covered by the Act (i.e., sworn members of the Association).

With respect to the Association's civilian members, the City affirms its commitment to comply fully with the requirements of Rule 13 of the City's Personnel Rules & Regulations pertaining to disciplinary action, including but not limited to those subsections setting forth employees' due process rights in connection with disciplinary actions, to wit: subsections 13.6 ("Policy and Procedure for Disciplinary Action"), 13.7 ("Notice of Disciplinary Action", and 13.8 ("PostDisciplinary Appeal Procedure").

ARTICLE XVIII

WORK ACTIONS
No lockout of employees represented by the Association shall be instituted by the City during the term of this Agreement. The Association agrees that during the term of this Agreement, the Employees shall not engage in or support strikes, work stoppages, work slowdowns, boycotts, or other direct or indirect work actions against the City. Any employee participating in these prohibited activities may be disciplined by the City.

ARTICLE XIX

FULL AGREEMENT
It is understood this Agreement represents a complete and full understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous

7.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 40 Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and such action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request.

ARTICLE XX

SAVINGS CLAUSE
If any provisions of this Agreement should be held invalid by operation of law by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) work day period. If no Agreement has been reached, the parties agree to invoke the provision of impasse under Section 6 of City Resolution No. 25 - 77.

ARTICLE XXI

TERM OF AGREEMENT
This Agreement shall be effective as of July 1, 2021 2022 and shall continue in full force and effect through midnight, June 30, 20222023.

ARTICLE XXII

RECOGNITION OF THE ASSOCIATION/

CLASSIFICATIONS WITHIN THE BARGAINING UNIT
The City recognizes the Association as the sole and exclusive representative for the Pleasant Hill Police Association bargaining unit consisting of the following classifications, as well as any new classifications which may be assigned to this representation unit by the City Manager:

Community Service Officer I; Community Service Officer II; Evidence Community Service Officer; Dispatcher I; Dispatcher II; Police Trainee; Support Services Supervisor; Police Officer; Corporal; Police Sergeant.

Signed this day of , 20212022.

For the City of Pleasant Hill: For the Pleasant Hill Police Association:

By: By:

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) 41 Sue Noack - Mayor Kevin TillmanAndrew Gartner -
President
By: By:

June Catalano – City Manager Amanda Lincoln - Committee Member
By:

Jacob Williams - Committee Member
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Janet Coleson – City Attorney Joseph Lucia, Esq.

Rains Lucia Stern St. Phalle &
Silver, PC

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA)

EXHIBIT B

MATERNITY LEAVE POLICY
The City of Pleasant Hill shall have the following maternity policy, subject to the approval of the City Manager.

1. Leave of absence without pay for up to but no more than four and one-half (4 1/2) continuous calendar months (18 weeks). The leave shall be continuous and will include all pre-delivery, delivery, and post-delivery requests for leave.

2. The employee may, upon approval, use accumulated vacation and compensatory time prior to being placed on Leave of Absence without pay.

3. Sick leave may be used during this leave where medically justified per the provisions of the Personnel Rules. Any and all visits to the doctor during pregnancy will be charged to the employee's accumulated sick leave. Sick leave may not be utilized by an employee during pregnancy and post child birth, unless the treating doctor verifies that complications have arisen that constitute an illness that now prevents the employee performing on the job.

4. Long Term Disability may be applied for in the event a treating doctor verifies that complications have arisen that constitute an illness that now prevents the employee performing on the job. Appropriate waiting periods will apply.

5. The employee is required to pay her medical, dental and life insurance premiums during the Leave of Absence Without Pay if she wishes to have continued medical and dental coverage.

6. The employee shall not earn sick leave or service credit while on Leave of Absence Without Pay.

7. The four and one-half (4 1/2)months (18 weeks) Leave of Absence will be the absolute maximum allowed for pregnancy leave, must be continuous, and can only be exceeded by a treating doctor's written verification that complications have arisen that constitute an illness that now prevents the employee performing on the job. In the absence of a doctor's written verification of medical emergency illness, failure to report back to work after four and one-half (4 1/2) months leave, shall constitute abandonment of position.

8. Maternity leave shall be requested in writing upon a form provided by Human Resources. The form will refer to this policy and will require acknowledgement by signature that all provisions of this policy are understood.

9. Maternity leave shall at aminimum be consistent with State and Federal laws.

R:'MATERNITY LEAVE POLICY - Revised 07112

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE PLEASANT HILL POLICE ASSOCIATION AND

THE CITY OF PLEASANT HILL
July 1, 2022 to June 30, 2023

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Attachment: Exhibit 2 - PHPA MOU July 1, 2022 through June 30, 2023 (MOU with PHPA) i