CITY OF PLEASANT HILL
CITY COUNCIL MEETING AGENDA
NOVEMBER 21, 2022
REGULAR MEETING – 7:00 PM
Per City Council resolution under AB 361, members of the City Council, City staff/consultants, and the public will be able to participate either in-person* at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523
or remotely via Zoom.
*Due to social distancing requirements, limited seating is available in person; if capacity is reached, you may participate remotely via Zoom.*
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: 875 6650 5799
Passcode: 920621
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.
City Council Meeting Agenda Page 1 November 21, 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
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.
Comments are generally limited to three minutes.
Public Participation Options
1)_ Watch the Meeting via Youtube Livestream at www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments by 4 pm the Day of the Meeting to [email protected] (comments received by deadline will be provided to the City Council before the meeting). Please specify that the correspondence is for public comment at the Council meeting. 3) Make Public Comment During the Meeting
When the Mayor invites public comment (or public comments on specific agenda items), you may participate in one of the following three ways:
City Council Meeting Agenda Page 2 November 21, 2022
a. Via Zoom
Go to www.Zoom.us using your computer/smart device and enter the Meeting ID and Passcode provided near the top of this page. You are encouraged to turn on your camera/video with a blurred background during your public comment so the City Council and public can see you on screen. We ask that you state your name and city of residence for the record when you start your comments.
Please use the "Raise hand" feature in Zoom. You will be observing the meeting as an Attendee and will not be seen or heard until it is your turn to speak. You will be invited into the meeting as a Panelist and asked to speak when it is your turn.
Try to be in a room or space without a lot of background noise. Mute your microphone until it is your turn to speak.
Have a strong, reliable internet connection
a. Via Phone
Call (669) 900-6833 and enter the Meeting ID and Passcode. If connecting via telephone, press *9 to “raise your hand” to alert staff that you wish to speak. (Note that there may be multiple hearing items on the same agenda.)
Have a strong, reliable internet connection or cell phone signal. a. In Person
Members of the public may attend the meeting in person subject to the limited space available. You may speak on any matter within the City Council's jurisdiction. Please fill out a speaker's card, available at the entry to the Council Chambers, and turn it in to the City Clerk.
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 to the public in the City’s Public Records Portal at https://cityarchive.pleasanthillca.org/WebLink/ (click on City Council Agenda Packets) or by contacting the City Clerk at [email protected] or 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.
City Council Meeting Agenda Page 3 November 21, 2022
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CLOSED SESSION REPORT
4. ROLL CALL
5. PRESENTATIONS
5.1 Acknowledgement of Claire Robinson as Honorary Mayor for a Day
5.2 Award of Appreciation to Nancy Sinsel for Service on the Civic Action Commission from 2019 - 2022
5.3 Downtown Tree Replacement Project Update
6. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)
7. COUNCIL ANNOUNCEMENTS AND REPORTS
7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
7.2 Announcements from Councilmembers
8. 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.
9. 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.
9.1 Approve Minutes for the Regular City Council Meeting of November 7, 2022
9.2 Approve Checks Dated: November 04, 2022; November 11, 2022
9.3 Adopt Resolution No. ___-22 Authorizing a Contract Increase for Engineering Services with LCC Engineering and Surveying, Inc. (LCC) for the Gregory Gardens Storm Drain Improvement Project
9.4 Adopt Resolution No.___-22 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding and Approving the Accompanying Salary Schedule for the Local 1/AFSCME Bargaining Unit
9.5 Adopt Resolution No. ___-22 Authorizing the City Manager to Approve the Purchase of Three Police Vehicles from Folsom Lake Ford and Elk Grove Auto/Winner Chevrolet for the Pleasant Hill Police Department and Amend the Fiscal Year 22/23 Budget City Council Meeting Agenda Page 4 November 21, 2022
10. ACTION CALENDAR
10.1 Adopt Resolution No. ___-22 Amending an Affordable Housing Loan Agreement and Covenant with Habitat for Humanity East Bay/Silicon Valley for the Development of Affordable Housing at 250 Cleaveland Road (APN 149-130-016)
10.2 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute an Agreement with the Pleasant Hill Library Foundation to Provide a Short-term Loan to Cover the Costs for Facilities and Services at the New Pleasant Hill Library
10.3 Public Hearing and Adopt Ordinance No. ___ Amending in Its Entirety Chapter 14.05 (California Building Code), Sections 14.05.010 through 14.05.040 of the Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code, California Code Of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, And 12, which Consists of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing; Energy, Fire, Green Building Standards, and Referenced Standards Codes; and Adopting by Reference the 2021 International Property Maintenance and the 2021 Fire Resistance Design Manual; and Adopt Ordinance No. ___ Amending Chapter 14.05 (California Building Code), Section
14.05.080 of the Municipal Code by Adopting by Reference the 2022 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9 With Local Amendments, and Set the Public Hearing for Both Codes on November 21, 2022
The City of Pleasant Hill hereby finds and determines that it can be seen with certainty that there is no possibility that these ordinances may have a significant adverse effect on the environment.
Thus, the adoption of these ordinances are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
11. ADJOURNMENT
Next City Council Meeting: December 5, 2022
CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 7, 2022
RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.
ATTACHMENT(S):
November 7, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder
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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
November 7, 2022
City Council Meeting Minutes Page 1 November 7, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM, complete proceedings of which were electronically recorded. The meeting was a hybrid of both in person and teleconferenced attendees. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on November 3, 2022, by Deputy City Clerk Juanita Davalos.
1. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by “Mayor for the Day” Walter Kawahara.
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. CLOSED SESSION REPORT (IF ANY)
Mayor Harris announced that there was no closed session report.
4. PRESENTATIONS
4.1 Acknowledgement of Walter Kawahara as Honorary Mayor for a Day Mayor Harris introduced Walter Kawahara as the Honorary Mayor for a Day. Honorary Mayor Kawahara assisted Mayor Harris at the City Council meeting.
4.2 Introduction of Richard Means, Alternate Library Commissioner Vice Mayor Flaherty introduced Richard Means, the alternate Library Commissioner.
4.3 Proclamation Designating the Month of November as Native American Heritage Month
Mayor Harris presented a proclamation to Mike Griffitts, Civic Action Commission Diversity Subcommittee, declaring the month of November as Native American Heritage Month.
4.4 Proclamation Designating November 13 - 19, 2022 as "United Against Hate Week"
Mayor Harris presented a proclamation to Eslam Najjar, Diversity Commission Chair, designating November 13 -19, 2022 as “United Against Hate Week”.
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Attachment: November 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 November 7, 2022
4.5 Presentation of the 2022 Innovation in Code Administration Award to Geoff Simmons, Chief Building Official, from the International Code Council Susan Dowty, Government Relations Manager for the International Code Council, presented the 2022 Innovation in Code Administration Award to Geoff Simmons, Chief Building Official.
Councilmembers extended their congratulations to Mr. Simmons.
5. CITY MANAGER COMMENTS:
June Catalano, City Manager, expressed her appreciation to Geoff Simmons, Chief Building Official for his work on behalf of the City.
Ms. Catalano reported that the City is well prepared for the projected rain storms and will have three sandbag locations available for the public. Ms. Catalano reminded the public that Light Up the Night will be held on November 16, 2022 starting at 5:00 p.m.
6. COUNCIL ANNOUNCEMENTS AND REPORTS
6.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
(A) Contra Costa Mayors Conference Hosted via Teleconference on November 3, 2022
Mayor Harris, and Councilmembers Noack and Carlson, reported their virtual attendance at the Contra Costa Mayors Conference held on November 3, 2022. (B) Other Meetings Attended at City Expense
Councilmembers Carlson and Rinn, reported their attendance at the League of California Cities, East Bay Division meeting.
6.2 Announcements from Councilmembers
Councilmember Noack reported her attendance at the Pleasant Hill Rotary Club Veterans Day celebration held on November 5, 2022; a meeting with the Pleasant Hill Education Commission to discuss crossing guards; and the Halloween staff appreciation luncheon.
Councilmember Carlson reported his attendance at the 25th Anniversary celebration of the John Muir Community Health Fund and thanked June Catalano, City Manager, for the City’s sponsorship.
Vice Mayor Flaherty reminded the public to vote in the General Election to be held on November 8, 2022.
Mayor Harris reported his attendance at the Pleasant Hill Rotary Club Veterans Day celebration; and the Halloween staff appreciation luncheon. Mayor Harris expressed his appreciation to
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Attachment: November 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 November 7, 2022
Angela Kalinowski for hosting the Pleasant Hill Rotary Club Veterans Day celebration at the Back Forty Texas BBQ.
7. PUBLIC COMMENT
Mayor Harris opened public comment.
There was no public comment.
Mayor Harris closed public comment.
8. CONSENT CALENDAR
Motion (Rinn/Noack) to Approve all consent items, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
8.1 Approve Minutes for the Regular City Council Meetings of October 3, 2022 and October 17, 2022
8.2 Approve Checks Dated: October 14, 2022; October 21, 2022; October 28, 2022
8.3 Accept Update on Contra Costa Transportation Authority and Transpac
8.4 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
8.5 Adopt Resolution No. 93- 22 Authorizing the Appropriation of $75,000 from Fund 20 Capital Project/Building Fund for the Construction of the Community Rooms Improvement Project
8.6 Adopt Resolution No. 94-22 Authorizing the City Manager to Execute a First Amendment to a Design Professional Services Agreement with Alta Planning + Design, Inc. for the Bicycle and Pedestrian Master Plan Project No. 03-20
9. ACTION CALENDAR
9.1 Public Hearing and Adopt Resolution No. 95-22 to Deny an Appeal and Uphold the Decision of the Planning Commission to Deny a Reasonable Accommodation Request (PLN 21-0497) for an Accessory Structure within Setback Area and a Fence/Gate Exceeding Allowable Heights at 406 Kahrs Avenue Troy Fujimoto, City Planner, introduced the item and delivered a presentation on the Planning Commission’s decision to deny a Reasonable Accommodation request for an existing, nonpermitted and nonconforming accessory structure built within the required front and side yard
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Attachment: November 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 November 7, 2022
setback and a proposed fence/motorized gate that exceeds the allowable height limit within a front yard setback.
Michael Durkee, attorney for the Appellant/Applicant (Mariam Azamey), spoke on her behalf regarding this item.
The following members of the public spoke on this item:
Michele Gaub
Peter Bluford
Motion (Noack/Rinn) to Approve item 9.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
9.2 Introduce Ordinance No. ___ Amending in Its Entirety Chapter 14.05 (California Building Code), Sections 14.05.010 through 14.05.040 of the Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code, California Code Of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, And 12, which Consists of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing; Energy, Fire, Green Building Standards, and Referenced Standards Codes; and Adopting by Reference the 2021 International Property Maintenance and the 2021 Fire Resistance Design Manual; and Introduce Ordinance No. ___ Amending Chapter 14.05 (California Building Code), Section 14.05.080 of the Municipal Code by Adopting by Reference the 2022 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9 With Local Amendments, and Set the Public Hearing for Both Codes on November 21, 2022
Geoff Simmons, Chief Building Official, and Assistant Fire Chief Chris Bachman, Contra Costa County Fire Protection District, delivered presentations on both ordinances.
No one from the public spoke on the item.
Motion (Carlson/Rinn) to Approve item 9.2(a), carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
Motion (Carlson/Noack) to Approve item 9.2(b), carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
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Attachment: November 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 5 November 7, 2022
9.3 Adopt Resolution No. 96-22 Accepting Bid, Awarding a Construction Contract and Authorizing the City Manager to Execute a Construction Contract with Norgo Engineering for the Diablo View Road and Pleasant Hill Road Storm Drain Improvements, Project No. 22-05
Ananthan Kanagasundaram, City Engineer, delivered the presentation on the Diablo View Road and Pleasant Hill Road Storm Drain Improvements project, and the bid submitted by Norgo Engineering.
No one from the public spoke on the item.
Motion (Noack/Rinn) to Approve item 9.3, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
10. OTHER
10.1 Update on Economic Development Committee
Councilmember Carlson and Zach Seal, Economic Development Manager, provided updates on the Economic Development Committee.
11. ADJOURNMENT
Mayor Harris adjourned the meeting at 9:33 p.m. The next regular meeting will be held on Monday, November 21, 2022, beginning at 7:00 p.m.
CAROL W. WU, CITY CLERK RECORDER
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Attachment: November 7, 2022 Tentative Minutes (Minutes)
CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: NOVEMBER 04, 2022; NOVEMBER 11, 2022
RECOMMENDED CITY COUNCIL ACTION
Approve the check register.
ATTACHMENT(S):
Check Register
Prepared by: Maria Alfredo, 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)
CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING A CONTRACT
INCREASE FOR ENGINEERING SERVICES WITH LCC
ENGINEERING AND SURVEYING, INC. (LCC) FOR THE GREGORY
GARDENS STORM DRAIN IMPROVEMENT PROJECT
SYNOPSIS
Requesting authorization for a contract increase for $10,000 for LCC Engineering and Surveying, Inc. for engineering services for the Gregory Gardens Storm Drain Improvement Project.
DISCUSSION
Background
The Gregory Gardens No. 6 subdivision created a storm drain system in the early 1950’s to collect storm water runoff and discharge it into Grayson Creek and the Contra Costa County Flood Control channel. The approximately 700 linear foot long corrugated metal pipe (“CMP”) storm drain system has reached the end of its useful life, and was identified in the City’s 20 Year Storm Drain Study as the City’s No. 1 priority for rehabilitation.
Due to increased flooding, safety concerns and the potential for property damage, the City Council, at its October 4, 2021 authorized $1.5 Million in ARPA funding to complete the design and construction of the Gregory Garden Storm Drain Improvement Project. The City authorized $60,000 for LCC to finalize the project design, prepare construction documents and provide construction support for the project.
City hired contractor, Kerex Engineering, began construction in April 2022, and the project is now substantially complete. The original project design called for the removal and replacement of an existing private corrugated metal storm drain pipe (CMP) from the inlet in the right-of-way at 1942 Patricia through the property’s side yard to the Flood Control Channel. Staff’s inspections during construction revealed unforeseen construction constraints that would not accommodate this alignment. Staff requested LCC provide an acceptable design alternative that would allow the City to complete the construction of the project.
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Analysis
The original project design called for the “open cut” method of removing and replacing approximately 100 linear feet of the existing 24” CMP with a new 36” reinforced concrete pipe (RCP) along the north side of 1942 Patricia Drive. During construction it was discovered that the property owner had previously “underpinned” their home to provide additional structural stability.
This underpinning was located within the new pipe alignment, and it was determined there was not enough space between the underpinning and the property line to install the new 36” RCP. Staff and LCC worked with the property owner and affected utilities to redesign the pipe alignment along the south side of the property, and complete the project. This design change resulted in $10,000 increase in engineering costs that were not included in the authorized budget of $60,000.
Staff has reviewed LCC’s additional payment request in the amount of $10,000 for final engineering services for the Gregory Garden’s Storm Drain Improvement project. Given the amount of additional amount of work that was needed to revise and complete the design per the City’s standards, staff believes these costs are reasonable.
FISCAL IMPACT
LCC’s additional proposal in the amount of $10,000 for the additional engineering services will be funded with the ARPA funds originally approved for the project. The Finance Department has confirmed that these funds are available.
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
Adopt Resolution.
ALTERNATIVES TO RECOMMENDED ACTION
None Recommended.
ATTACHMENT(S):
Proposed Resolution
Prepared by: Ann James, Maintenance Superintendent
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
AUTHORIZING A CONTRACT INCREASE FOR ENGINEERING SERVICES WITH LCC ENGINEERING AND SURVEYING, INC. (LCC) FOR THE GREGORY GARDENS STORM
DRAIN IMPROVEMENT PROJECT
WHEREAS, on October 4, 2021, the City Council approved the Gregory Gardens Storm Drain Improvement Project as a funded project; and
WHEREAS, the Project provides for public storm drain improvements on Mazie Drive, Vivian Drive and Patricia Drive; and
WHEREAS, the City authorized $60,000 for LCC to provide engineering services for the Gregory Gardens Storm Drain Improvement Project; and
WHEREAS, Consultant has submitted a payment request in the amount of $10,000 for additional engineering and surveying services for the Gregory Gardens Storm Drain Improvement Project that were needed by the City and beyond the original scope; and WHEREAS, adequate funds are available in the approved design and construction budget to support this expenditure.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill:
1. That authorization is granted for a contract increase of $10,000 for LCC Engineering and Surveying, Inc. for engineering services for the Gregory Gardens Storm Drain Improvement Project.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 21st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk
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Attachment: Proposed Resolution (Contract Increase for LCC GGSD Project)
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Attachment: Proposed Resolution (Contract Increase for LCC GGSD Project)
CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 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 AND APPROVING THE ACCOMPANYING
SALARY SCHEDULE FOR THE LOCAL 1/AFSCME BARGAINING
UNIT
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 Local 1/AFSCME (Local 1) bargaining unit.
DISCUSSION
Background
A bargaining team comprised of IEDA Consultant Greg Ramirez and the City’s Human Resources Manager negotiated with representatives of Local 1 in good faith to reach agreement on a successor Compensation Plan. The parties began meeting via Zoom on August 12, 2022, prior to the most recent Compensation Plan expiring on August 30, 2022. After numerous productive negotiation sessions the parties successfully reached a tentative agreement on Tuesday, October 18, 2022. The Local 1 membership held a ratification vote on October 20, 2022 the tentative agreement was unanimously approved by the membership.
Analysis
The City has negotiated in compliance with the Meyers-Milias-Brown Act (MMBA) and all other applicable requirements to reach agreement with Local 1 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 September 1, 2022 through August 30, 2023 Annual cost of living adjustment (COLA) of 3% effective September 1, 2022 One time lump sum payment of $3,500
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Increase to Retiree Health Savings Account ($25/month) Increase to Protective Apparel Allowance by $25 to $400 annually
FISCAL IMPACT
The adoption of the proposed resolution authorizing the execution of the MOU between the City and Local will cost approximately $102,815 in salaries and benefits for the life of the contract.
This amount includes $56,000 in ARPA funds which will be transferred to the General Fund.
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
Staff recommends approving the proposed resolution.
ALTERNATIVES TO RECOMMENDED ACTION
Council can redirect staff to continue to negotiate with the Local 1 representatives.
ATTACHMENT(S):
Proposed Resolution
Exhibit 1 – Redline Comparison Document
Exhibit 2 – Local 1/AFSCME Memorandum of Understanding – September 1, 2022 through August 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
AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A
SUCCESSOR MEMORANDUM OF UNDERSTANDING AND APPROVING THE
ACCOMPANYING SALARY SCHEDULE FOR THE CITY OF PLEASANT HILL LOCAL 1/AFSCME BARGAINING UNIT
WHEREAS, the most recent Memorandum of Understanding (“MOU”) covering the Local 1, AFSCME bargaining unit (“Local 1”) expired on August 30, 2022; and WHEREAS, the City Council retained the Industrial Employers and Distributors Association (IEDA) to provide representation services in discussions with Local 1 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 Local 1; and WHEREAS, meetings have been conducted between the City’s consultant and the Local 1, 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, Local 1 membership voted to ratify the tentative terms of the proposed successor MOU; and
WHEREAS, the City will appropriate and transfer up to $56,000 of ARPA funds to reimburse the City for Local 1 expenditures to the General Fund; and 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 Local 1 and the City as provided herein. At that time, Resolution No.72-21 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 Local 1 representative(s).
BE IT FURTHER RESOLVED, that the City Council of the City of Pleasant Hill approves and adopts the accompanying Salary Schedule (Exhibit A to the MOU). [Signatures on the Following Page]
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Attachment: Proposed Resolution (Local 1/AFSCME Successor MOU) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 21st day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk
9.4.a
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Attachment: Proposed Resolution (Local 1/AFSCME Successor MOU)
MEMORANDUM OF UNDERSTANDING
Between
PUBLIC EMPLOYEES UNION, LOCAL ONE
And
CITY OF PLEASANT HILL
September 1, 2022 – August 31, 2023 Deleted: April
Deleted: 2021
Deleted: 2022
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) ii
Table of Contents
ARTICLE I
UNION RECOGNITION .......................................................................................1 Union Recognition and Deduction of Union Dues .................................................1 Hold Harmless .....................................................................................................1 Maintenance of Membership Clause.....................................................................1 Discrimination Prohibited .....................................................................................1
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE
DUTIES ...............................................................................................................2
ARTICLE III
GRIEVANCE PROCEDURES .............................................................................3 Purpose of Grievance Procedures ......................................................................3 Conduct of Grievance Procedure ........................................................................3 Matters Subject to Grievance Procedure .............................................................4 Definition .............................................................................................................4 Grievance Procedure ..........................................................................................4
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES ..........................................................5 Layoff Procedure .................................................................................................5 Training Opportunities .........................................................................................6 On-The-Job Training ...........................................................................................6 Reinstatement After Layoff ..................................................................................6
ARTICLE V
HOLIDAYS AND VACATIONS.............................................................................7 Holidays ..............................................................................................................7 Religious Observance .........................................................................................7 Vacation Leave ...................................................................................................7 Personal Leave ...................................................................................................9 Guidelines for Approval .......................................................................................9 Vacation Buy Back ..............................................................................................10
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE ........................................10 Payment for Accumulated Sick Leave................................................................ 10 Leave Donation ...................................................................................................11
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS ..................................................11 Call Back .............................................................................................................11 Stand-By Time ....................................................................................................12
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) iii
Compensatory Time............................................................................................12
ARTICLE VIII
WORK SCHEDULES..........................................................................................12 Work Week..........................................................................................................12 Overtime..............................................................................................................13 Overtime Scheduling...........................................................................................13 Clean Up Time ....................................................................................................13 Meal Periods .......................................................................................................13 Meal Cost Reimbursements ................................................................................14 Compensatory Time Off ......................................................................................14 Varying Hours .....................................................................................................14
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES.............................................14 Applicable Pay Rates Following Promotion.........................................................14 Applicable Pay Rates Following Demotion..........................................................14 Applicable Pay Rates Following Transfer............................................................14 Applicable Pay Rates Following Salary Range
Increases and Decreases.........................................................................15 Pay Status...........................................................................................................15 Premium Pay for Employees in “Acting Capacity”...............................................15 Applicable Pay Rates Upon New Employee Appointment to City Service...........15
ARTICLE X
LONGEVITY PAY PLAN ................................................................................. 15
ARTICLE XI
BENEFIT PLAN ..................................................................................................16 Medical................................................................................................................16 Medical In-Lieu....................................................................................................17 Dental/Orthodontia ..............................................................................................17 Vision Plan ..........................................................................................................17 Life Insurance......................................................................................................17 Disability Insurance .............................................................................................17
ARTICLE XII
EDUCATIONAL INCENTIVE..............................................................................17
ARTICLE XIII
PERFORMANCE EVALUATION........................................................................18 Annual Review ....................................................................................................18 Bonus Plan..........................................................................................................19
ARTICLE XIV
SALARY ADMINISTRATION .............................................................................20
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) iv
Base Wage Rates ...............................................................................................20 Pesticides Certificate...........................................................................................20 Fleet Services Coordinator “Backup”...................................................................20
ARTICLE XV
NO STRIKE OR LOCKOUTS .............................................................................20
ARTICLE XVI
FULL AGREEMENT ...........................................................................................21
ARTICLE XVII
SAVINGS CLAUSE ............................................................................................21
ARTICLE XVIII
RETIREMENT.....................................................................................................21 Retirement Benefits.............................................................................................21 Sick Leave Conversion Upon Retirement............................................................22 Retiree Heath Savings Account .........................................................................22 Reversion of Residual Funds .............................................................................22
ARTICLE XIX
DEFERRED COMPENSATION ..........................................................................23 IRS 125 Plan .......................................................................................................23 401 (a) Money Purchase Plan.............................................................................23
ARTICLE XX
JOB ANNOUNCEMENTS...................................................................................23
ARTICLE XXI
MISCELLANEOUS .............................................................................................23 Protective Apparel Allowance..............................................................................23 Uniform Allowance ..............................................................................................23 Temporary and Part-Time Employees.................................................................24 Conversion of Permanent Positions to Part-Time ...............................................24 Required Class II (B) Driver’s License.................................................................24
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C” .............................................................24
ARTICLE XXIII
PROMOTION SELECTION PROCESS ..............................................................24
ARTICLE XXIV
EMPLOYEE RIGHTS..........................................................................................25
9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) v
ARTICLE XXV
CITY RIGHTS CLAUSE......................................................................................25
ARTICLE XXVI
TERM OF AGREEMENT ....................................................................................26
9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 1 of 33
MOU 2022-2023
MEMORANDUM OF UNDERSTANDING
BETWEEN
PUBLIC EMPLOYEES UNION, LOCAL ONE
AND
CITY OF PLEASANT HILL
ARTICLE I
UNION RECOGNITION
Union Recognition and Deduction of Union Dues
Pursuant to Government Code Section 3500 et seq and City Resolution No. 2- 15, the City hereby recognizes Public Employees Union, Local One (“Union”) as the bargaining representative for purposes of representing City employees in Unit “C” with respect to their pay, wages, hours and other terms and conditions of employment for the duration of this Agreement. To the extent permitted by law, the City shall deduct dues from City employees and remit said dues to the Union on a monthly basis for the duration of this agreement, which dues shall not include assessments.
Monthly dues deductions, additions and/or deletions shall be recorded by the City’s Finance Officer and a notification of all dues transactions shall be immediately sent to the Union Business Office.
Hold Harmless
The Union shall hold the City harmless from any and all claims, and will indemnify the City against any unusual costs in implementing these provisions.
Maintenance of Membership Clause
If employees, who are not presently members of the Union as of the effective date of this Agreement, decide to join the Union, they shall, to the extent permitted by law, be required to submit proper documentation to the Union for dues deduction, and said membership shall be established for the duration of the Agreement. Employees who are current members of the Union shall, to the extent permitted by law, be required to remain members for the duration of this Agreement.
However, within thirty (30) calendar days prior to the expiration of the Agreement, all employees within the bargaining unit may have the opportunity to request to withdraw from the Union.
Discrimination Prohibited
City and Union agree that they shall not discriminate in any way on account of race, creed, religion, sex, national origin, political affiliation, age, or handicap. City
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 2 agrees that no employee shall be discriminated against because of Union membership or residency.
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE DUTIES The Union shall designate employee representatives, in writing, 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.
There shall be no more than two steward-representatives for the employees in Bargaining Unit “C”. Reasonable time off shall be allowed to meet with Management, limited to one representative and a Union staff member, to discuss matters of grievance and/or provisions of this Agreement.
Upon written request from the Union, Management may grant unpaid release time to each of two (2) Union steward-representatives for the purpose of attending Union training and conferences. At least sixteen (16) hours per year per steward will be available and shall only be granted with prior approval of the supervisor. Stewards must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Upon written request from the Union, Management may grant unpaid release time to one (1) additional Union member for the purpose of attending Union training and conferences. At least sixteen (16) hours per year will be available and shall only be granted with prior approval of the supervisor. The Union member must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Regular Union business meetings shall not be held on City time and City equipment and supplies are not to be used for Union business. The City’s word processor and duplication machine may be used by employee representatives of Local One upon request to the City Manager’s Office. All use shall be on a case-by-case basis approved by the Manager and costs for which shall be normal and customary as that paid by any member of the general public. This privilege may be revoked at any time as deemed necessary and appropriate by the City Manager. City premises can be used for Union activities, if scheduled in advance and before or after the normal work day or during the regularly scheduled lunch break.
When an employee representative is meeting with Management in a meet and confer process or representing employees as provided in the grievance procedure of this Agreement, and when he/she has complied with the specific provisions of this Article, the employee representative shall notify his/her immediate supervisor when he/she is leaving, how much time is to be taken and when he/she expects to return.
This notice shall be given at least 48 hours in advance of the meet and confer process,
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 3 grievance proceeding, or any other representative activity in which the employee representative is engaged. Failure to comply with the provisions of this Article may constitute a grievance against the Union representatives.
Any Union representative shall give notice to the Department Head or their designated representative, when entering departmental facilities, and must make a verbal request of Management to speak to employees and/or employee representatives during the employees’ normal working hours. The representative shall be allowed reasonable contact with workers on City facilities provided such contact does not interfere with the employees’ work. Solicitation for membership or other internal employee organization business shall not be conducted during working time.
ARTICLE III
GRIEVANCE PROCEDURES
Purpose of Grievance Procedures
1) To promote improved employer-employee relations by establishing grievance procedures on matters, stipulated below.
2) To provide that grievances shall be heard and settled as informally as possible. 3) To enable grievances to be settled as promptly and as nearly as possible to the point of origin.
4) To afford employees individually, or through a business representative, a systematic means of obtaining considerations of questions and disputes.
Conduct of Grievance Procedure
1) An employee may request the assistance of another person of his/her own choosing in preparing and presenting a grievance at any level of review, or may be represented by the Union or may represent himself/herself. 2) The employee and his/her representative, if any, may use reasonable time (up to twelve (12) hours) in conferring about and presenting a grievance. 3) Any retroactivity on monetary grievances shall be limited to the date the grievance was filed in writing, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error, or management action.
4) The time limits specified may be extended to a definite date by mutual agreement of the employee and the management representative.
5) Employees shall be free from reprisal for using their grievance procedure.
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 4 Matters Subject to Grievance Procedure
Full time employees having probationary or permanent regular status may process a personal grievance.
Probationary employees may file grievances, but not as applied to their performance rating or dismissal.
Definition
A Grievance shall be defined as any dispute which involves the interpretation or application of this Agreement, scope of representation and such rules and regulations presently in force or as may from time-to-time be adopted by the City, and the discipline of employees including suspension, demotion, or dismissal.
The parties recognize that disputes should be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or the Union to bypass any initial steps if the case involves decision making at a higher administrative level.
Grievance Procedure
Step 1
The employee and/or his/her representative may present the grievance personally, in writing or orally, to the immediate superior within ten (10) working days of the occurrence of the dispute or ten (10) working days from such time as the employee or Union could have been aware of the occurrence.
Step 2
If the grievance is not resolved within ten (10) working days of the presentation under Step 1, the grievance may be submitted in writing to the Department Head or his/her designee. Such submittal to the Department Head shall be within ten (10) working days of the response by the immediate superior. The Department Head shall respond within ten (10) working days.
Step 3
If the grievance cannot be resolved under Step 2, the Union may, within ten (10) working days of the action of the Department Head, submit a written request for a meeting with the City Manager. If no request is received in ten (10) working days, the grievance procedure ends. Upon receipt of a written request, the City Manager shall schedule a meeting to discuss the grievance with the Union within ten (10) working days. The City Manager shall render a written decision to the Union within ten (10) working days.
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 5 Step 4
If the matter remains unresolved in Step 3 above, either party may, within ten (10) days of the determination, request arbitration of the dispute by written notice to the other party. If, after five (5) days following delivery of such notice to the other Party the parties have not selected an arbitrator by mutual agreement, either Party may request a list of the names of no less than five (5) impartial arbitrators furnished by the State Mediation and Conciliation Services (SMCS). A party receiving the list shall immediately notify the other party that the list was received and promptly forward a copy to the other party in the parties’ normal mode of document transmission between them (e.g., email, fax, etc.).
Not more than twenty-one (21) days following the first date by which both parties have received the list, the Parties shall alternately strike names from the list until only one name remains. The remaining name shall be the arbitrator. The order of striking shall be determined by coin flip. Either party shall notify the arbitrator in writing or his or her appointment, providing contact information for the representatives of both sides, with a copy of such notice simultaneously sent to the other party.
Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of the procedure except arbitration. The presence of an individual in the arbitration hearing room when not testifying shall be subject to regulation by the arbitrator. Further, the arbitrator may completely exclude a witness from the proceeding for safety reasons or due to other extraordinary circumstances. In the case of employees, they shall be compensated at their regular rate of pay for the actual time spent in such meeting.
The time between the steps of the procedure, or within the arbitration step, may be extended by mutual agreement. Failure by the employee or Union to follow the time limits, unless extended by mutual agreement, shall cause the grievance to be considered withdrawn. If the City does not respond to the grievance at Step 1, 2 or 3, the Union or employee may advance the grievance to the next step of the procedure within ten (10) days after the deadline for the City’s response.
The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator’s fees shall be shared equally by the City and the Union.
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES
Layoff Procedure
In the event of a layoff, employees affected by the layoff shall receive sixty (60) days written notice. Subsequent to such notice, an employee may be provided four (4)
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 6 weeks’ severance pay in lieu of working until the end of the sixty day notice period if the City wishes the layoff to be effective prior to the expiration of the sixty day notice period.
Reductions in force may only take place due to lack of work, lack of funds, reorganization or the return of an employee from leave of absence. Reductions in force shall be implemented on the basis of seniority. An employee subject to layoff can “bump” a less senior employee in the same classification within the same department or a less senior employee in a classification in which he/she has formerly worked provided the jobs are substantially similar.
Training Opportunities
When the City has given notice to an employee that he/she is being laid off, the City will take reasonable steps to provide a basic training and/or orientation process which would provide the employee with the knowledge and/or skills which could be used to assist the employee in applying for promotion or transfer to a vacant, budgeted position for which the employee possesses the basic knowledge, skills and abilities.
On-The-Job Training
The Personnel Officer is designated as Training Officer of the City and will maintain an active training program for all employees.
Reinstatement After Layoff
A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class or position previously held by that employee for a period of twelve (12) months. An employee so reinstated retains all benefits accrued in prior service with the City. During the layoff, no benefits accrue and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) consecutive days.
Reinstatement according to this provision, shall be done using the method of seniority, in that the last employee in a class laid off will be the first employee to be reinstated in the class, unless there is a legal question as to their reinstatement whereupon an investigation shall be conducted to determine the facts and present a decision.
Said investigation shall be conducted within a ten (10) working day period unless delayed by legal complications uncontrolled by the City. The position to which reinstatement is being considered shall be held open until a final determination is made as to the disposition of said investigation; however, said period shall not exceed one (1) full calendar month. If the employee is eligible to be replaced on the reinstatement list, they shall be replaced without loss of status on said list.
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 7 ARTICLE V
HOLIDAYS AND VACATIONS
Holidays:
January 1 (New Year’s Day)
Third Monday in January (Martin Luther King Jr. Birthday) February 12 (Lincoln’s Birthday)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
June 19 Juneteenth
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Thanksgiving Day
Friday Following Thanksgiving
December 24
December 25
Each day proclaimed by the President or
Governor and Mayor of this City as a
public holiday.
Holidays shall no longer be calculated as 7.5 hour days. Instead, for each employee, a holiday shall be deemed to have the same number of hours as those the employee is normally scheduled to work on that day. Holidays falling on a Saturday or a Sunday shall be observed on the immediately following Monday. Where two holidays fall on the same weekend – e.g., Christmas Eve and Christmas – they shall be observed on the immediately following Monday and Tuesday, respectively.
The City and Union acknowledge that any proposed changes, additions or deletions to the above agreed-upon holidays are subject to the meet and confer requirements set forth in California Government Code Sections 3500 et seq. (the Meyers-Milias-Brown Act).
Religious Observance
A City employee who wishes time off to observe holidays particular to their race, national origin, culture, or religion may do so with the approval of his/her Department Head. This time off is charged to compensatory time or vacation.
Vacation Leave
Full vacation leave according to the following schedule is earned by:
Full time paid status.
Eligible employees on sick or vacation leave with pay.
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 8 Eligible employees on Jury leave.
1. Employees hired as of August 31, 2011 shall accrue vacation as follows:
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
20 23
2. Employees hired on or after September 1, 2011 shall accrue vacation as follows:
Years of Service Vacation Days Per Year
1 10
2 10
3 10
4 10
5 11
6 11
7 11
8 11
9 11
10 12
11 12
12 12
13 12
14 12
15 13
20 14
21 14
22 14
23 14
24 14
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 9 25 15
3. Notwithstanding the immediately preceding paragraph, the City shall place employees hired on or after September 1, 2011 on the accrual schedule set forth above for employees hired prior to that date. [Example: An employee hired on or after September 1, 2011 with four years of service will accrue vacation at fifteen rather than eleven days per year in their fifth year of service.]
At no time may an employee’s accumulated vacation balance exceed forty (40) working days. If the employee reaches that maximum, he or she shall cease earning vacation until he or she uses vacation so that his or her balance falls below the maximum. An exception to this maximum accumulation ceiling may be granted on a temporary basis by the City Manager.
Personal Leave
During the term of this agreement, each employee shall be permitted to take one day off each calendar year as a personal leave day, subject to prior scheduling and approval. This day must be taken as time off, and cannot be taken as pay. In addition, this annual personal leave day does not carry over or accumulate from year to year; rather, if not taken during the calendar year, it expires.
Regardless of the employee’s scheduled work hours on the day selected for personal leave, no time will be charged to his or her accrued vacation leave or compensatory time. Conversely, no time will be added to the employee’s accrued vacation leave or compensatory time.
For example, if an employee is scheduled to work more than 7.5 hours on the day he or she takes as a personal leave day, the employee will not be required to charge the scheduled work time exceeding 7.5 hours to accrued vacation leave or compensatory time.
By the same token, if an employee is scheduled to work less than 7.5 hours on the day he or she takes as a personal leave day, the employee will not have credited to his or her accrued vacation leave or compensatory time the difference between 7.5 hours and the hours actually scheduled to work.
Guidelines for Approval
Supervisors will establish a vacation schedule at the beginning of each calendar year. Adjustments may be requested by either the supervisor or employee, with reasonable prior notice, based on personal or organizational needs or problems; said changes, if made, shall be discussed between the supervisor and employee prior to said change being instituted. Vacation time shall be taken in one (1) day increments with prior approval of supervisor. Requests for vacation time off of less than one (1) day
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 10 may be approved, based upon circumstances which may be in the best interest of employees and the City.
Vacation Buy Back
Upon written request by the employee, the City will buy back up to 60 hours of accrued vacation annually, provided the employee has used a minimum of 37-1/2 consecutive hours of vacation leave during the twelve (12) month period immediately preceding the request. One day of holiday time may be substituted for one day of vacation provided that the consecutive time off is at least 37-1/2 hours. Additionally, the employee must have at least 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 Personnel Officer by the twenty-fifth (25th) day of the month preceding the date on which the employee is requesting the payoff.
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 buy back shall be limited to once per fiscal year.
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE
The sick leave and other leaves of absence provisions of the City’s current Personnel Rules and Regulations shall apply to employees in Bargaining Unit “C”.
Payment for Accumulated Sick Leave
1. Employees hired as of August 31, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment or additional vacation for thirtythree and one third percent (33 1/3%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, 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 30. The amount of time for which an employee is paid is deducted from the employee’s total accumulation.
An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
2. Employees hired on or after September 1, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment to his/her 457 deferred compensation plan for fifteen percent (15%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, 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 30. The amount of Deleted: Vacation Buy Back for Employees¶
¶
Deleted: , except for the 2021 calendar year
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 11 time for which an employee receives payment is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
3. If an employee is terminated after five (5) years’ service because of voluntary resignation, death, or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days of unused sick leave to a maximum of twenty-five (25) days.
4. If an employee retires from the City with between five (5) years and twenty (20) years of service, up to twenty-five (25) days of unused sick leave will be paid upon separation and the balance will be reported to PERS for purposes of calculating PERS retirement service credit pursuant to PERS regulations.
5. See Article XVIII regarding the ICMA Retirement Health Savings Plan benefit for those employees who retire with twenty (20) or more years of service.
Leave Donation
The Parties agree to form a committee consisting of two City participants each for the Union and for the City, respectively. Committee meetings will begin within fortyfive (45) calendar days of adoption in order to develop a Leave Donation program for the bargaining unit for consideration and approval by the City Council along the following conceptual idea:
“A bargaining unit employee may donate compensatory leave, sick leave, or vacation leave with unlimited frequency and in any amount, inclusive of any combination of these leaves, to a leave donation bank for use by other bargaining unit employees who are ill or injured and have exhausted their paid leave time. Said leave from the leave donation bank may also be utilized by an employee in the event an immediate family member is ill or injured, to include parents, children, brothers and sisters.”
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS
Call Back
When full-time or permanent part-time employees, within the Unit, are called back to duty after they have completed their normal work schedule or prior to beginning their normal work schedule, or are on their day off, all hours worked during such Call Back assignment shall be paid at the rate of one and one-half (1-1/2) times the employee’s normal hourly rate. A minimum of three (3) hours pay at the one and onehalf (1-1/2) rate prior to or after the normal work shift is guaranteed the employee. A minimum of four (4) hours pay at the one and one-half (1-1/2) rate will be guaranteed
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 12 the employee for Call Back to work between the hours of 10:00 p.m. and 6:00 a.m. The time of the call to the employee shall be the determinant of the Call Back minimum.
Call Back Rest Period
In the event that call back work immediately preceding a regular work shift concludes after 10:00 p.m., employees will be provided leave at straight pay during the beginning of their immediately following regular work shift. Paid leave time shall be provided at the rate of one-hour for each hour worked past 10:00 p.m. For example: if on-call work concludes at 12:00 a.m., the employee would be provided two-hours of paid leave at the start of their immediately following regular work shift, i.e., the employee would report to work two-hours later than their usual start time with no loss in pay for those two-hours.
Stand-By Time
Public Works Field Employees:
For all full-time employees within the unit, stand-by time shall be compensated at $18.00 flat rate of pay or ½ hour of compensatory time for each sixteen (16) hours of week day stand-by time; $29.00 flat rate of pay or ¾ hour of compensatory time for each twenty-four (24) hours of weekend or holiday stand-by time. The decision whether to be compensated in cash or in compensatory time shall be made by the employee.
Stand-by time for weekends will be reduced to $18.00 or ½ hour of compensatory time if the assigned employee is called back to work four (4) hours or more within the twenty-four (24) hour period.
Compensatory Time
An employee may accumulate up to eighty (80) hours of compensatory time worked at the rate of one and one-half (1-1/2) times which may be taken off as scheduled and approved by their supervisor. This computation is in accordance with the Fair Labor Standards Act.
All overtime above eighty (80) hours will be automatically paid for within the next earliest pay period.
ARTICLE VIII
WORK SCHEDULES
Work Week
Maintenance employees work an average thirty-seven and one-half (37-1/2) hour work week with no reduction in monthly pay based on four (4) days of eight and one-half (8-1/2) hours, Monday through Thursday; three and one-half (3-1/2) hours on Friday.
Deleted: sixty (60)
Deleted: sixty (60)
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 13 Building Inspectors and Construction Inspectors work 37.5 hours a week, and schedules are set by mutual agreement with supervisor.
There shall be no change in the regular work schedules solely to avoid the payment of overtime or compensatory time unless mutually agreed by the employee and supervisor.
No formal coffee breaks will be allowed to any member of Bargaining Unit “C”.
Overtime
The City shall pay overtime at the rate of one and one-half (1-1/2) time for all overtime worked above an employee’s normal work day or work week schedule. (Normal is considered as those schedules shown above.) The following provisions shall apply.
Work day – Overtime shall apply if time worked is one-tenth (1/10th) of an hour above or before the normal starting or ending time of the employee work day.
Work week – Overtime shall apply if time worked is on the sixth (6th) day of the employee’s normal work week schedule.
Double time and One-Half Provision – Overtime shall be paid at the rate of two and one half (2-1/2) times the employee’s hourly rate for work performed on a regularly scheduled holiday. Pay shall be in lieu of holiday.
Overtime Scheduling
There will be two types of overtime: emergency overtime and scheduled overtime. The City will make the effort to dispense overtime equally whenever possible; however, the City retains the right to determine who will be called to respond to emergencies based on the nature of the emergency.
Scheduled overtime and standby time will be dispensed from a rotating list of eligible and qualified employees. The list will be updated and posted on the posting board. The employee at the top of the list will be called first. Once he or she completes the overtime assignment (or the next person [s] complete the overtime assignment, if the first person is not available for scheduled overtime), that person’s name will be moved to the bottom of the list. If an employee for the assignment is not available, mandatory scheduled overtime will be initiated using the least senior, qualified person.
Clean Up Time
Whenever it is essential for employees occupying labor, trades, or craft positions to clean up and/or change clothes before being presentable upon leaving work, said
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 14 employee shall be allowed ten (10) minutes of City time to clean up or change clothes.
This provision does not apply to overtime work nor is the time considered a guaranteed ten (10) minutes each and every work day.
Meal Periods
Meal periods are scheduled during the employee’s work day to coincide with the employee’s work hours. A meal period is not less than thirty (30) minutes or more than one (1) hour. Meal periods will be based on work schedules and the City’s operational needs at each particular work site.
Meal Cost Reimbursements
Employees shall be reimbursed in certain instances for meal costs. The requirements for meal cost reimbursement and the procedure for obtaining such reimbursement are set forth in departmental rules and regulations.
Compensatory Time Off
For purposes of computation of compensatory time off, sick leave and vacation leave, the regular work day shall be deemed to be seven and one-half (7-1/2) hours.
Varying Hours
Employees within the unit are permitted the opportunity to discuss varying their hours within a given work day due to their personal needs or problems. These requests have been handled on a case-by-case basis between supervisor and the employee, with the final decision being made by the supervisor. The City will continue this practice keeping in mind that the supervisor must be concerned about the City’s needs and problems in managing their daily business. This practice is for meeting temporary or emergency situations.
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES
Applicable Pay Rates Following Promotion
When promoted, an employee shall begin at Step A or one (1) step higher than his/her current salary, whichever is higher. The new anniversary is the date of promotion. Upon recommendation of the Designee and approval of the City Manager, an employee may be considered for a higher step upon promotion if their experience, longevity and value to the City would merit such an increase.
Applicable Pay Rates Following Demotion
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 15 In the case of a demotion to the position with a lower maximum salary, an employee shall be assigned to a pay step that is the same as, or less than, the step they held in the highest position. Placement within the rate shall be determined by the City Manager. An employee shall retain their previous anniversary date.
Applicable Pay Rates Following Transfer
Where an employee is transferred from one position to another in the same class or to another class to which the same pay range is applicable, the employee retains the same pay step and anniversary date.
Applicable Pay Rates Following Salary Range Increases and Decreases Where a pay rate is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.
Pay Status
Pay status can be defined as the period in which an employee is at work, on vacation, sick leave, compensation leave as a result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, administrative leave, paid temporary military leave of absence, or on an approved leave of absence with full pay.
Premium Pay for Employees in “Acting Capacity”
An employee who is temporarily assigned duties outside his/her assigned job classification for more than four (4) consecutive working days shall, upon City Manager approval, be paid a five percent (5%) differential based upon the employee’s regular rate of pay, which differential shall be made retroactive to the first (1st) day the employee began performing said duties. Employees who are temporarily assigned duties outside their assigned job classifications for four (4) or fewer consecutive working days shall not be paid any differential.
Applicable Pay Rates Upon New Employee Appointment to City Service When appointed, a new employee will generally begin at Step A. However, from time-to-time the City Manager may appoint a new employee at a higher step.
ARTICLE X
LONGEVITY PAY PLAN
1. Employees hired as of August 31, 2011 are eligible for the following longevity benefit if they qualify as of August 31, 2015:
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 16 Employees fifty-five (55) years of age with ten (10) full years of City service shall be given a five percent (5%) benefit computed on their normal monthly base salary.
Employees sixty (60) years of age with fifteen (15) full continuous years of City service shall be given an additional five percent (5%) benefit computed on their normal monthly base salary.
2. Employees receiving the following pre-retirement benefit as of August 31, 2011 will be entitled to continue receiving the benefit for a consecutive 12-month period of time as long as retirement takes place at the end of the 12-month period. All other employees are not entitled to this benefit. Twenty (20) year employees regardless of age, upon presenting to the Personnel Officer, the State P.E.R.S. declaration of intent to retire within the following twelve (12) months, shall be given an additional seven percent (7%) benefit computed on their normal monthly base salary. This seven percent (7%) shall be effective twelve (12) calendar months before the declaring employee’s last date of employment.
Such benefit shall be used to compute any other benefit such as overtime, but will not be used in computing final retirement benefits as determined by the Public Employees Retirement System and provided for in the City’s contract with P.E.R.S.
3. Employees hired on or after September 1, 2011 are not entitled to any of the longevity or pre-retirement benefits described in this Article.
ARTICLE XI
BENEFIT PLAN
The City agrees to provide medical, dental, orthodontia, life and disability benefits plans through the term of this Memorandum of Understanding and the City will contribute premiums for such plans in accordance with the following formula:
Medical
The City will strive to provide insurance coverage by two HMO carriers.
Members Hired on or After September 1, 2011
For Local One bargaining unit members hired on or after September 1, 2011, the City will pay seventy-five percent (75%) of the Kaiser premium at each level of participation regardless of the carrier with which the employee is enrolled. The employee will pay the remainder by payroll deduction.
Members Hired as of August 31, 2011
Members of Local One hired as of August 31, 2011 and who have medical coverage through the City shall contribute towards the premium costs for their medical coverage as follows:
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 17 Effective September 1, 2020, each member shall contribute 20% of the medical premium for either Kaiser or Blue Shield (if applicable) at each level of participation with the maximum monthly employee contribution capped as follows:
Kaiser Blue Shield
Employee $184.26 $268.03
Employee + 1 $368.53 $552.79
Family $515.94 $773.91
The City shall deduct said contributions from the members’ pay each month on a pretax basis to the extent permitted by law.
Medical In-Lieu
Upon proof to the Personnel Officer of medical coverage from another source, employees may elect to receive four hundred dollars ($400.00) per month in lieu of the City’s contribution to the employee’s medical plan. An eligible employee may elect to receive this “in lieu” payment in cash or as a pre-tax contribution on the employee’s behalf into the employee’s 457 deferred compensation account. Employees receiving in lieu payment shall not be required to make the premium contributions described above.
Dental/Orthodontia
Employees in Bargaining Unit C may select dental coverage (up to full family coverage) from either of the following dental plans currently provided by the City: (1) $1500 dental only; or (2) $1,000 dental benefit and $1500 orthodontia lifetime maximum.
Vision Plan
The city agrees to provide employees in Bargaining Unit “C” and their dependents with a vision insurance plan that will allow one examination and one pair of eye glasses or one pair of contact lenses on an annual basis.
Life Insurance
The City shall pay the total cost of life insurance in the amount of $50,000.
Additionally, the City will provide employees the option to increase such coverage provided that the cost of such increase shall be borne by the employee. However, the City reserves the right to change carriers if premiums become excessive.
Disability Insurance
City agrees to continue to pay total cost of Disability Insurance Plan, sixty-six and two-thirds percent (66-2/3%) of salary plan, for length of Agreement. However, City
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 18 reserves the right to change carriers if premium becomes excessive. The elimination period shall be thirty (30) days. A woman unable to work for pregnancy related reasons is entitled to disability and/or sick leave on the same basis as employees unable to work for other medical reasons due to off-the-job disability.
ARTICLE XII
EDUCATIONAL INCENTIVE
The City agrees to continue the educational incentive to employees within the unit as follows:
a. The course, courses or training programs taken must be pre-approved by the Department Head, considered relevant to providing service to the public or to the employee’s job or part of a degree or certification program which has application to City service.
b. During the period such courses or training programs are taken, the employee will receive monthly compensation equal to $18.00 multiplied by the number of credit units taken up to a maximum of nine (9) units during any semester of study. In addition, the City will agree to reimburse the employee for tuition, books, training materials or required tools up to a maximum of $450 per semester and $1,400 per calendar year.
c. For purposes of this Article, reimbursement for a certification training program shall be limited to the cost of the training program and of any books, training materials and tools the employee is required to purchase in connection with the certification training program. There shall be no $18.00 per month per credit unit payment to employees for certification training programs, unless the training program is given in an accredited school and the employee has to pay tuition to the school.
d. To be reimbursed for tuition, books, and required tools, the employee must provide proof satisfactory to the city that the employee is actually enrolled in the course or training program, and that the books, training materials and/or tools are in fact required for the course or training program being taken. Such proof includes, but is not limited to, receipts, course syllabuses, written requirements, and/or written confirmation from the instructor. e. Employees receiving this temporary educational incentive shall keep their Department Head informed of their enrollment status and shall be required to submit verification that they successfully completed the course or training program. Successful completion of a school course means completing the course with a grade of “C” or better.
ARTICLE XIII
PERFORMANCE EVALUATION
Deleted: must relate
Deleted: be
Deleted: and be approved by the Department
Head
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 19 Annual Review
The City will continue to use an annual performance evaluation. Performance evaluations will be made once a year no later than fifteen (15) days following the employee’s anniversary date. Where a performance evaluation is late without reasonable justification, the employee may choose to file a grievance. Grievances for late performance evaluations shall commence at the second step before the department head.
All performance evaluations shall be signed by the employee indicating knowledge of the evaluation and that said evaluation is being place in the employee’s personnel file.
If the employee receives an evaluation of “below standard” on six of the twelve categories, his or her salary may be reduced up to 7% for a one year period upon recommendation of the Department Head and approval of the City Manager.
No employee shall receive a “below standard” overall evaluation without first receiving a direct oral or written warning of the need for improvement. Upon written request, an employee shall receive a second evaluation within ninety (90) days after an unfavorable evaluation.
If the employee receives an evaluation of “superior performance” on six of the twelve categories, his or her salary may be moved two (2) steps above their current step upon the recommendation of the Department Head and approval of the City Manager.
Bonus Plan
Each year, employees who meet the following threshold eligibility requirements may be considered for a bonus: (1) The employee must be at the top of his/her salary range; and (2) the employee must receive the highest possible rating in at least half of the rating categories in his/her performance evaluation. Meeting these threshold eligibility requirements renders the employee eligible to be considered for a bonus. It does not guarantee that a bonus will be awarded.
Where an employee meets these threshold eligibility requirements, his/her immediate supervisor may recommend that the employee be awarded a bonus. The employee’s department head must approve the recommendation. If the department head approves the recommendation, he/she will forward it to the Personnel Officer, who will confirm that the employee is in fact eligible for consideration for a bonus. The Personnel Officer will then forward the recommendation to the City Manager. The City Manager shall have discretion to approve or disapprove the bonus recommendation. If the City Manager approves, he/she shall also determine the amount of the bonus, which
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 20 shall not exceed a maximum of 7% of the employee’s base salary for that evaluation year.
If the employee receives a bonus award, he/she may elect to have the bonus paid either as a lump sum contribution to his/her 457 plan or as a lump sum cash award paid directly to him/her.
The bonus does not become a part of the employee’s salary. After payment, the employee receives no further payment under his/her bonus award for that evaluation year. Employees may receive bonus awards more than once during their employment with the City, provided all the requirements of this section are met.
ARTICLE XIV
SALARY ADMINISTRATION
1. Base Wage Rates
Base wage rates are reflected in Appendix A, which is attached hereto and by this reference is incorporated into this Memorandum of Understanding. Wage increases during the term of this Memorandum of Understanding shall be as follows as reflected in Appendix A: Effective September 1, 2022, 3.0% of base wage rates in effect August 31, 2022.
2. Pesticides Certificate
Each employee who holds a certificate from the State in Pesticide Spray Operation will earn a two percent (2%) salary differential.
The City shall provide employees paid release time to attend classes to fulfill the requirements for certification. The City shall reimburse employees for the cost of such classes. The City will advance one-half of the cost for taking the test directly to the pesticide certification testing provider with the remaining half of the fee to be reimbursed to the employee upon certification and submission of the appropriate paperwork, onetime only. Subject to the fee for testing procedure noted, the City shall reimburse employees for the cost of obtaining certification and/or renewal.
3. Fleet Services Coordinator “Backup”
An employee who is assigned and performs vehicle and/or non-routine equipment repair shall be entitled to a 5% salary differential in addition to his/her base salary. Such assignment shall be for a period not less than eighteen (18) months and not more than twenty-four (24) months. To be eligible for this assignment, the employee must take the written exam and receive a passing score of at least seventy percent (70%). This differential shall be authorized by the Maintenance Superintendent through a Personnel Action Form. The 5% will be paid on all hours worked and not just when performing vehicle and non-routine equipment repair.
Deleted: April 1, 2021
Deleted: March
Deleted: 2021
Deleted: ¶
Unit members shall each receive a one-time, nonpensionable lump-sum payment of five hundred dollars ($500.00) by the second full pay period after adoption
of this Memorandum of Understanding by the City
Council payable as cash. To receive the one-time
payment, unit members must be employed with the
City at time of adoption and at the date of payment.¶
Commented [GR1]: I modified the language here to make
it clearer what the process will be based on our further discussions at the table. If this doesn't work, we can
continue to work on it until we hit the mark.
Deleted: Additionally
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 21 4. COVID Pandemic Relief Payment
The City will pay a one-time, non-pensionable, lump sum payment of three thousand five hundred dollars ($3,500) 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 one-time payment is to be paid on the regular payroll and subject to all applicable withholding.
ARTICLE XV
NO STRIKE OR LOCKOUTS
No lockout of employees represented by the Union shall be instituted by the City during the term of this Agreement. The Union agrees that during the term of this Agreement, neither Union Staff nor City Employees shall engage in or support strikes by not crossing another Union picket line, work stoppages, slow downs, 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 XVI
FULL AGREEMENT
This Memorandum of Understanding (“MOU”) represents a complete and final understanding on all negotiable issues between the City and the Union. This agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Union except as specifically referred to in this MOU. The parties, for the term of this MOU voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter 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 MOU was negotiated and signed. If during the term of this MOU the City desires to alter the status quo (as defined under the Myers, Milias, Brown Act) on any subject within the scope of representation but not covered by this MOU the City shall notify the Union in writing in advance and afford it the right to meet and confer over the proposed change upon timely request to the City.
ARTICLE XVII
SAVINGS CLAUSE
If any provision of this Agreement is held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision is enjoined 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 City Resolution No. 2-15.
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 22 ARTICLE XVIII
RETIREMENT
Retirement Benefits
The City will continue to provide retirement benefits to existing Local One members employed as of August 31, 2011 under the City’s present contract with the California Public Employees Retirement System (“CalPERS” or “PERS”), including but not limited to 2%@55 retirement benefits for Local One miscellaneous employees; single highest year; and payment of the employer’s required contribution. Effective April 16, 2012, the pension formula was reduced to 2%@60 for new members employed on or after that date and final compensation for those new employees will be based on a three-year average. All employees hired on or after January 1, 2013 who are “new members” as determined by CalPERS will participate in the City’s Public Employees’ Pension Reform Act (PEPRA) Miscellaneous Employees Retirement Plan (2%@62).
Employees will pay the full seven percent (7%) PERS employee member contribution and there will be no Employer Paid Member Contribution; provided, that employees who are subject to the PEPRA pension tier shall pay one-half (1/2) of the normal cost contribution for that plan, subject to the terms of the PEPRA.
Sick Leave Conversion Upon Retirement
For employees employed as of August 31, 2011: An ICMA VantageCare Retiree Health Savings Plan (“RHS Plan”) shall be established (at no cost to the City) for employees who have worked with the City for twenty (20) or more years, regardless of age, who elect to take a service retirement. The RHS Plan will permit the payment of post-retirement healthcare costs with contributions as follows:
Twenty-five (25) days of accrued, unused sick leave will be paid to the employee at one hundred percent (100%) of the last day worked salary and any remaining accrued, unused sick leave at one hundred percent (100%) of the last day worked salary, calculated at the net present value as of the date of retirement, shall be contributed to the employee’s RHS Plan account pursuant to the Local One adoption agreement.
For employees hired on or after September 1, 2011: No sick leave conversion will be allowed upon retirement.
Retiree Health Savings Accounts
The City shall establish Retiree Health Savings Plan accounts for all bargaining unit members who do not have such an account. (This does not, however, extend sick leave conversion to such employees.) Into each Retiree Health Savings Account, regardless of employee hire date, the City shall contribute seventy-five dollars ($75) per Deleted:
Deleted: fifty dollars ($50)
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 23 month. This amount may be prospectively eliminated, reduced or increased through the meet and confer process undertaken for the negotiation of any successor MOU, or at any other time by mutual agreement.
Reversion of Residual Funds
In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account and leaves no spouse or dependents, the remaining amount shall revert back to the City.
ARTICLE XIX
DEFERRED COMPENSATION
Each employee shall have the option of making monthly contributions to the City’s Deferred Compensation Plan. Employees may elect to defer up to the maximum allowed by law to the City’s 457 Deferred Compensation Plan.
IRS 125 Plan
All benefits covered under the City’s IRS 125 Plan may be paid on a pre-tax basis. Examples include dependent care, out-of-pocket medical expenses and specified insurance premiums.
401 (a) Money Purchase Plan
Effective September 1, 2012, the City will no longer make a monetary contribution to each employee’s 401(a) Money Purchase Plan. Employees may continue to make voluntary after-tax contributions.
ARTICLE XX
JOB ANNOUNCEMENTS
City will designate official bulletin boards and post by memorandum or formal job announcement all examination processes for a period of at least five (5) days in advance. Space for Union notices shall be provided on these bulletin boards.
ARTICLE XXI
MISCELLANEOUS
Protective Apparel Allowance
The City shall allot a protective apparel allowance of up to four hundred dollars ($400) per year to each employee in Bargaining Unit “C”. This allowance is to be used for the purchase or repair of protective boots, shoes, hats, or any other protective apparel the employee would be required to wear while on the job that is not already supplied.
Deleted: three hundred seventy-five dollars ($375)
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 24 Procedure for reimbursement: The employee shall bring the protective apparel and purchase receipt to management for approval. Guidelines for approval shall be set forth in departmental rules and regulations.
Uniform Allowance
Each employee in Bargaining Unit “C” is entitled, beginning on July 1, 2012, to a uniform allowance of $20 per month, paid on the pay period ending on the 15th of each month. This allowance is to be used for the purchase, rental and/or maintenance of required clothing. This allowance will be reported to CalPERS as a separate “special compensation” line item. Effective January 1, 2013, the uniform allowance will not be included as “pensionable compensation” for employees classified as “new” members under the California Public Employees’ Pension Reform Act of 2013.
Temporary and Part-Time Employees
This Agreement does not apply to Temporary Employees or Part-Time Employees.
Conversion of Permanent Positions to Part-Time
If any positions currently in Bargaining Unit “C” are converted to Part-time permanent, all such positions shall continue to be covered by this M.O.U.
Required Class II (B) Driver’s License
Employees who are required to obtain and/or renew a Class II (B) driver’s license shall be permitted to obtain and renew such license on work time provided that arrangements are made in advance with the supervisor. Additionally, the City shall pay the cost of any medical examinations and any licensing fees to the extent these costs or fees exceed the costs or fees of obtaining a regular (Class C) driver’s license.
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C”
The City recognizes the Union as the sole and exclusive representative for the General Employee Bargaining Unit “C” consisting of the following classifications, as well as any new classifications which may be assigned to this representation unit by the City Manager:
Fleet Services Coordinator, Maintenance Worker I,
Maintenance Worker II, Senior Maintenance Worker, Building Inspector, Construction Inspector, Building Trades Worker I and Building Trades Worker II.
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 25 The current salary ranges for the classifications within Unit “C” are listed on Exhibit A.
ARTICLE XXIII
PROMOTION SELECTION PROCESS
The City will take all reasonable steps to avoid the use of City employees as oral board raters when a promotional selection process is administered. This action shall not restrict the City from use of City employee oral board members if circumstances prevail necessitating such use as deemed appropriate by City management. Also, the intent of this article shall not restrict City management from using City employees in an administrative capacity in any or all parts of a Selection Process.
This article does not relate to the final interviews conducted by City management prior to actual promotion offers made by Management on behalf of the City of Pleasant Hill.
Positions will be posted internally for a minimum of two weeks. If there are fewer than three (3) internal applicants, City may then post externally.
Among the qualified applicants for the position, length of City service, merit and ability will be factors in the employee’s behalf in making the appointment.
ARTICLE XXIV
EMPLOYEE RIGHTS
Employees shall have the right to Union representation upon request at disciplinary or investigatory meetings. Records of discipline shall be removed from an employee’s file in accordance with the following schedule, provided there has been no recurrence within the stated time:
Written reprimands – two (2) years. Suspensions of one day – three (3) years.
More serious discipline – no scheduled removal.
The Probation Period for new employees shall be twelve (12) months as calculated in Personnel Rules and Regulations. In the case of new employee’s starting at “A” step, however, the employee shall receive a step increase to “B” step after six (6) months,
provided the employee’s performance is rated no lower than “meets standard” in all categories; the employee’s probation shall continue for the remainder of the twelve (12) month probationary period regardless of whether the employee’s salary is increased from Step “A” to Step “B”.
The Probation Period shall be six (6) months for current employees who have already completed an initial probation in another City of Pleasant Hill position.
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 26 ARTICLE XXV
CITY RIGHTS CLAUSE
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services subject to the provisions of this understanding and applicable law.
It is agreed that during the term hereof the City shall not be required to meet and confer on matters which are solely a function of management, including the right to:
Determine and modify the organization of City government and its constituent work units.
Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
Determine the methods, means and the numbers and kinds of personnel by which services are to be provided.
Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
Direct employees, including scheduling and assigning work, work hours, and overtime.
Establish employee performance standards and to require compliance therewith.
Impose discipline subject to requirements of applicable law. Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
Take all necessary actions to protect the public and carry out its mission in emergencies.
Decisions under this Article shall not be subject to the grievance procedure except as provided elsewhere in the MOU. Nothing in this Article shall relieve the City of its obligation to meet and confer on the impact of the exercise of rights enumerated herein to the extent that they are within the scope of representation and subject to meet and confer under Meyers-Milias-Brown Act.
ARTICLE XXVI
TERM OF AGREEMENT
9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 27 This Agreement shall take effect as of September 1, 2022 upon adoption by the City Council following ratification and signing by the Union, and shall continue in full force through midnight, August 31, 2023.
AS WITNESSED HERETO by the following parties this day of , 2022:
For the City of Pleasant Hill: For Public Employees Union, Local 1:
June Catalano Jason Williamson
City Manager President
Ericka Mitchell Vince Scudero
Human Resources Manager Union Bargaining Team Member
City Bargaining Team Member
NEGOTIATED: NEGOTIATED:
Gregory Ramirez Jeff Apkarian
Chief Negotiator Chief Negotiator
Industrial Employers and Business Representative
Distributors Association Public Employees Union
Local One
Deleted: April
Deleted: 2021
Deleted: 2022
Deleted: 2021
9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) 28 Exhibit A
CITY OF PLEASANT HILL
PUBLIC EMPLOYESS UNION, LOCAL 1
BARGAINING UNIT “C” CLASSIFICATIONS
MONTHLY SALARY BY STEP
EFFECTIVE SEPTEMBER 1, 2022
CLASSIFICATION A B C D E F
MAINTENANCE WORKER I $4,702 $4,997 $5,249 $5,502 $5,788 $6,072 BUILDING TRADES WORKER I $5,042 $5,366 $5,636 $5,923 $6,209 $6,519 MAINTENANCE WORKER II $5,272 $5,604 $5,884 $6,180 $6,491 $6,818 BUILDING TRADES WORKER II $6,289 $6,690 $7,024 $7,375 $7,747 $8,135
FLEET SERVICES
COORDINATOR $6,866 $7,331 $7,694 $8,088 $8,486 $8,911
BLDG/CONTRUCTION
INSPECTOR $6,976 $7,446 $7,815 $8,206 $8,620 $9,053
SENIOR MAINTENANCE
WORKER $7,897 $8,486 $8,911 $9,363 $9,825 $10,310
Deleted: APRIL 1, 2021
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9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU)
MEMORANDUM OF UNDERSTANDING
Between
PUBLIC EMPLOYEES UNION, LOCAL ONE
And
CITY OF PLEASANT HILL
September 1, 2022 – August 31, 2023
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) ii
Table of Contents
ARTICLE I
UNION RECOGNITION .......................................................................................1 Union Recognition and Deduction of Union Dues .................................................1 Hold Harmless .....................................................................................................1 Maintenance of Membership Clause.....................................................................1 Discrimination Prohibited .....................................................................................1
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE
DUTIES ...............................................................................................................2
ARTICLE III
GRIEVANCE PROCEDURES .............................................................................3 Purpose of Grievance Procedures ......................................................................3 Conduct of Grievance Procedure ........................................................................3 Matters Subject to Grievance Procedure .............................................................4 Definition .............................................................................................................4 Grievance Procedure ..........................................................................................4
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES ..........................................................5 Layoff Procedure .................................................................................................5 Training Opportunities .........................................................................................6 On-The-Job Training ...........................................................................................6 Reinstatement After Layoff ..................................................................................6
ARTICLE V
HOLIDAYS AND VACATIONS.............................................................................7 Holidays ..............................................................................................................7 Religious Observance .........................................................................................7 Vacation Leave ...................................................................................................7 Personal Leave ...................................................................................................9 Guidelines for Approval .......................................................................................9 Vacation Buy Back ..............................................................................................10
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE ........................................10 Payment for Accumulated Sick Leave................................................................ 10 Leave Donation ...................................................................................................11
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS ..................................................11 Call Back .............................................................................................................11 Stand-By Time ....................................................................................................12
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) iii
Compensatory Time............................................................................................12
ARTICLE VIII
WORK SCHEDULES..........................................................................................12 Work Week..........................................................................................................12 Overtime..............................................................................................................13 Overtime Scheduling...........................................................................................13 Clean Up Time ....................................................................................................13 Meal Periods .......................................................................................................13 Meal Cost Reimbursements ................................................................................14 Compensatory Time Off ......................................................................................14 Varying Hours .....................................................................................................14
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES.............................................14 Applicable Pay Rates Following Promotion.........................................................14 Applicable Pay Rates Following Demotion..........................................................14 Applicable Pay Rates Following Transfer............................................................14 Applicable Pay Rates Following Salary Range
Increases and Decreases.........................................................................15 Pay Status...........................................................................................................15 Premium Pay for Employees in “Acting Capacity”...............................................15 Applicable Pay Rates Upon New Employee Appointment to City Service...........15
ARTICLE X
LONGEVITY PAY PLAN ................................................................................. 15
ARTICLE XI
BENEFIT PLAN ..................................................................................................16 Medical................................................................................................................16 Medical In-Lieu....................................................................................................17 Dental/Orthodontia ..............................................................................................17 Vision Plan ..........................................................................................................17 Life Insurance......................................................................................................17 Disability Insurance .............................................................................................17
ARTICLE XII
EDUCATIONAL INCENTIVE..............................................................................17
ARTICLE XIII
PERFORMANCE EVALUATION........................................................................18 Annual Review ....................................................................................................18 Bonus Plan..........................................................................................................19
ARTICLE XIV
SALARY ADMINISTRATION .............................................................................20
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) iv
Base Wage Rates ...............................................................................................20 Pesticides Certificate...........................................................................................20 Fleet Services Coordinator “Backup”...................................................................20
ARTICLE XV
NO STRIKE OR LOCKOUTS .............................................................................20
ARTICLE XVI
FULL AGREEMENT ...........................................................................................21
ARTICLE XVII
SAVINGS CLAUSE ............................................................................................21
ARTICLE XVIII
RETIREMENT.....................................................................................................21 Retirement Benefits.............................................................................................21 Sick Leave Conversion Upon Retirement............................................................22 Retiree Heath Savings Account .........................................................................22 Reversion of Residual Funds .............................................................................22
ARTICLE XIX
DEFERRED COMPENSATION ..........................................................................23 IRS 125 Plan .......................................................................................................23 401 (a) Money Purchase Plan.............................................................................23
ARTICLE XX
JOB ANNOUNCEMENTS...................................................................................23
ARTICLE XXI
MISCELLANEOUS .............................................................................................23 Protective Apparel Allowance..............................................................................23 Uniform Allowance ..............................................................................................23 Temporary and Part-Time Employees.................................................................24 Conversion of Permanent Positions to Part-Time ...............................................24 Required Class II (B) Driver’s License.................................................................24
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C” .............................................................24
ARTICLE XXIII
PROMOTION SELECTION PROCESS ..............................................................24
ARTICLE XXIV
EMPLOYEE RIGHTS..........................................................................................25
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) v
ARTICLE XXV
CITY RIGHTS CLAUSE......................................................................................25
ARTICLE XXVI
TERM OF AGREEMENT ....................................................................................26
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 1 of 33
MOU 2022-2023
MEMORANDUM OF UNDERSTANDING
BETWEEN
PUBLIC EMPLOYEES UNION, LOCAL ONE
AND
CITY OF PLEASANT HILL
ARTICLE I
UNION RECOGNITION
Union Recognition and Deduction of Union Dues
Pursuant to Government Code Section 3500 et seq and City Resolution No. 2- 15, the City hereby recognizes Public Employees Union, Local One (“Union”) as the bargaining representative for purposes of representing City employees in Unit “C” with respect to their pay, wages, hours and other terms and conditions of employment for the duration of this Agreement. To the extent permitted by law, the City shall deduct dues from City employees and remit said dues to the Union on a monthly basis for the duration of this agreement, which dues shall not include assessments.
Monthly dues deductions, additions and/or deletions shall be recorded by the City’s Finance Officer and a notification of all dues transactions shall be immediately sent to the Union Business Office.
Hold Harmless
The Union shall hold the City harmless from any and all claims, and will indemnify the City against any unusual costs in implementing these provisions.
Maintenance of Membership Clause
If employees, who are not presently members of the Union as of the effective date of this Agreement, decide to join the Union, they shall, to the extent permitted by law, be required to submit proper documentation to the Union for dues deduction, and said membership shall be established for the duration of the Agreement. Employees who are current members of the Union shall, to the extent permitted by law, be required to remain members for the duration of this Agreement.
However, within thirty (30) calendar days prior to the expiration of the Agreement, all employees within the bargaining unit may have the opportunity to request to withdraw from the Union.
Discrimination Prohibited
City and Union agree that they shall not discriminate in any way on account of race, creed, religion, sex, national origin, political affiliation, age, or handicap. City
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 2 agrees that no employee shall be discriminated against because of Union membership or residency.
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE DUTIES The Union shall designate employee representatives, in writing, 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.
There shall be no more than two steward-representatives for the employees in Bargaining Unit “C”. Reasonable time off shall be allowed to meet with Management, limited to one representative and a Union staff member, to discuss matters of grievance and/or provisions of this Agreement.
Upon written request from the Union, Management may grant unpaid release time to each of two (2) Union steward-representatives for the purpose of attending Union training and conferences. At least sixteen (16) hours per year per steward will be available and shall only be granted with prior approval of the supervisor. Stewards must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Upon written request from the Union, Management may grant unpaid release time to one (1) additional Union member for the purpose of attending Union training and conferences. At least sixteen (16) hours per year will be available and shall only be granted with prior approval of the supervisor. The Union member must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Regular Union business meetings shall not be held on City time and City equipment and supplies are not to be used for Union business. The City’s word processor and duplication machine may be used by employee representatives of Local One upon request to the City Manager’s Office. All use shall be on a case-by-case basis approved by the Manager and costs for which shall be normal and customary as that paid by any member of the general public. This privilege may be revoked at any time as deemed necessary and appropriate by the City Manager. City premises can be used for Union activities, if scheduled in advance and before or after the normal work day or during the regularly scheduled lunch break.
When an employee representative is meeting with Management in a meet and confer process or representing employees as provided in the grievance procedure of this Agreement, and when he/she has complied with the specific provisions of this Article, the employee representative shall notify his/her immediate supervisor when he/she is leaving, how much time is to be taken and when he/she expects to return.
This notice shall be given at least 48 hours in advance of the meet and confer process,
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 3 grievance proceeding, or any other representative activity in which the employee representative is engaged. Failure to comply with the provisions of this Article may constitute a grievance against the Union representatives.
Any Union representative shall give notice to the Department Head or their designated representative, when entering departmental facilities, and must make a verbal request of Management to speak to employees and/or employee representatives during the employees’ normal working hours. The representative shall be allowed reasonable contact with workers on City facilities provided such contact does not interfere with the employees’ work. Solicitation for membership or other internal employee organization business shall not be conducted during working time.
ARTICLE III
GRIEVANCE PROCEDURES
Purpose of Grievance Procedures
1) To promote improved employer-employee relations by establishing grievance procedures on matters, stipulated below.
2) To provide that grievances shall be heard and settled as informally as possible. 3) To enable grievances to be settled as promptly and as nearly as possible to the point of origin.
4) To afford employees individually, or through a business representative, a systematic means of obtaining considerations of questions and disputes.
Conduct of Grievance Procedure
1) An employee may request the assistance of another person of his/her own choosing in preparing and presenting a grievance at any level of review, or may be represented by the Union or may represent himself/herself. 2) The employee and his/her representative, if any, may use reasonable time (up to twelve (12) hours) in conferring about and presenting a grievance. 3) Any retroactivity on monetary grievances shall be limited to the date the grievance was filed in writing, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error, or management action.
4) The time limits specified may be extended to a definite date by mutual agreement of the employee and the management representative.
5) Employees shall be free from reprisal for using their grievance procedure.
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 4 Matters Subject to Grievance Procedure
Full time employees having probationary or permanent regular status may process a personal grievance.
Probationary employees may file grievances, but not as applied to their performance rating or dismissal.
Definition
A Grievance shall be defined as any dispute which involves the interpretation or application of this Agreement, scope of representation and such rules and regulations presently in force or as may from time-to-time be adopted by the City, and the discipline of employees including suspension, demotion, or dismissal.
The parties recognize that disputes should be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or the Union to bypass any initial steps if the case involves decision making at a higher administrative level.
Grievance Procedure
Step 1
The employee and/or his/her representative may present the grievance personally, in writing or orally, to the immediate superior within ten (10) working days of the occurrence of the dispute or ten (10) working days from such time as the employee or Union could have been aware of the occurrence.
Step 2
If the grievance is not resolved within ten (10) working days of the presentation under Step 1, the grievance may be submitted in writing to the Department Head or his/her designee. Such submittal to the Department Head shall be within ten (10) working days of the response by the immediate superior. The Department Head shall respond within ten (10) working days.
Step 3
If the grievance cannot be resolved under Step 2, the Union may, within ten (10) working days of the action of the Department Head, submit a written request for a meeting with the City Manager. If no request is received in ten (10) working days, the grievance procedure ends. Upon receipt of a written request, the City Manager shall schedule a meeting to discuss the grievance with the Union within ten (10) working days. The City Manager shall render a written decision to the Union within ten (10) working days.
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 5 Step 4
If the matter remains unresolved in Step 3 above, either party may, within ten (10) days of the determination, request arbitration of the dispute by written notice to the other party. If, after five (5) days following delivery of such notice to the other Party the parties have not selected an arbitrator by mutual agreement, either Party may request a list of the names of no less than five (5) impartial arbitrators furnished by the State Mediation and Conciliation Services (SMCS). A party receiving the list shall immediately notify the other party that the list was received and promptly forward a copy to the other party in the parties’ normal mode of document transmission between them (e.g., email, fax, etc.).
Not more than twenty-one (21) days following the first date by which both parties have received the list, the Parties shall alternately strike names from the list until only one name remains. The remaining name shall be the arbitrator. The order of striking shall be determined by coin flip. Either party shall notify the arbitrator in writing or his or her appointment, providing contact information for the representatives of both sides, with a copy of such notice simultaneously sent to the other party.
Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of the procedure except arbitration. The presence of an individual in the arbitration hearing room when not testifying shall be subject to regulation by the arbitrator. Further, the arbitrator may completely exclude a witness from the proceeding for safety reasons or due to other extraordinary circumstances. In the case of employees, they shall be compensated at their regular rate of pay for the actual time spent in such meeting.
The time between the steps of the procedure, or within the arbitration step, may be extended by mutual agreement. Failure by the employee or Union to follow the time limits, unless extended by mutual agreement, shall cause the grievance to be considered withdrawn. If the City does not respond to the grievance at Step 1, 2 or 3, the Union or employee may advance the grievance to the next step of the procedure within ten (10) days after the deadline for the City’s response.
The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator’s fees shall be shared equally by the City and the Union.
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES
Layoff Procedure
In the event of a layoff, employees affected by the layoff shall receive sixty (60) days written notice. Subsequent to such notice, an employee may be provided four (4)
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 6 weeks’ severance pay in lieu of working until the end of the sixty day notice period if the City wishes the layoff to be effective prior to the expiration of the sixty day notice period.
Reductions in force may only take place due to lack of work, lack of funds, reorganization or the return of an employee from leave of absence. Reductions in force shall be implemented on the basis of seniority. An employee subject to layoff can “bump” a less senior employee in the same classification within the same department or a less senior employee in a classification in which he/she has formerly worked provided the jobs are substantially similar.
Training Opportunities
When the City has given notice to an employee that he/she is being laid off, the City will take reasonable steps to provide a basic training and/or orientation process which would provide the employee with the knowledge and/or skills which could be used to assist the employee in applying for promotion or transfer to a vacant, budgeted position for which the employee possesses the basic knowledge, skills and abilities.
On-The-Job Training
The Personnel Officer is designated as Training Officer of the City and will maintain an active training program for all employees.
Reinstatement After Layoff
A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class or position previously held by that employee for a period of twelve (12) months. An employee so reinstated retains all benefits accrued in prior service with the City. During the layoff, no benefits accrue and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) consecutive days.
Reinstatement according to this provision, shall be done using the method of seniority, in that the last employee in a class laid off will be the first employee to be reinstated in the class, unless there is a legal question as to their reinstatement whereupon an investigation shall be conducted to determine the facts and present a decision.
Said investigation shall be conducted within a ten (10) working day period unless delayed by legal complications uncontrolled by the City. The position to which reinstatement is being considered shall be held open until a final determination is made as to the disposition of said investigation; however, said period shall not exceed one (1) full calendar month. If the employee is eligible to be replaced on the reinstatement list, they shall be replaced without loss of status on said list.
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 7 ARTICLE V
HOLIDAYS AND VACATIONS
Holidays:
January 1 (New Year’s Day)
Third Monday in January (Martin Luther King Jr. Birthday) February 12 (Lincoln’s Birthday)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
June 19 Juneteenth
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Thanksgiving Day
Friday Following Thanksgiving
December 24
December 25
Each day proclaimed by the President or
Governor and Mayor of this City as a
public holiday.
Holidays shall no longer be calculated as 7.5 hour days. Instead, for each employee, a holiday shall be deemed to have the same number of hours as those the employee is normally scheduled to work on that day. Holidays falling on a Saturday or a Sunday shall be observed on the immediately following Monday. Where two holidays fall on the same weekend – e.g., Christmas Eve and Christmas – they shall be observed on the immediately following Monday and Tuesday, respectively.
The City and Union acknowledge that any proposed changes, additions or deletions to the above agreed-upon holidays are subject to the meet and confer requirements set forth in California Government Code Sections 3500 et seq. (the Meyers-Milias-Brown Act).
Religious Observance
A City employee who wishes time off to observe holidays particular to their race, national origin, culture, or religion may do so with the approval of his/her Department Head. This time off is charged to compensatory time or vacation.
Vacation Leave
Full vacation leave according to the following schedule is earned by:
Full time paid status.
Eligible employees on sick or vacation leave with pay.
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 8 Eligible employees on Jury leave.
1. Employees hired as of August 31, 2011 shall accrue vacation as follows:
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
20 23
2. Employees hired on or after September 1, 2011 shall accrue vacation as follows:
Years of Service Vacation Days Per Year
1 10
2 10
3 10
4 10
5 11
6 11
7 11
8 11
9 11
10 12
11 12
12 12
13 12
14 12
15 13
20 14
21 14
22 14
23 14
24 14
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 9 25 15
3. Notwithstanding the immediately preceding paragraph, the City shall place employees hired on or after September 1, 2011 on the accrual schedule set forth above for employees hired prior to that date. [Example: An employee hired on or after September 1, 2011 with four years of service will accrue vacation at fifteen rather than eleven days per year in their fifth year of service.]
At no time may an employee’s accumulated vacation balance exceed forty (40) working days. If the employee reaches that maximum, he or she shall cease earning vacation until he or she uses vacation so that his or her balance falls below the maximum. An exception to this maximum accumulation ceiling may be granted on a temporary basis by the City Manager.
Personal Leave
During the term of this agreement, each employee shall be permitted to take one day off each calendar year as a personal leave day, subject to prior scheduling and approval. This day must be taken as time off, and cannot be taken as pay. In addition, this annual personal leave day does not carry over or accumulate from year to year; rather, if not taken during the calendar year, it expires.
Regardless of the employee’s scheduled work hours on the day selected for personal leave, no time will be charged to his or her accrued vacation leave or compensatory time. Conversely, no time will be added to the employee’s accrued vacation leave or compensatory time.
For example, if an employee is scheduled to work more than 7.5 hours on the day he or she takes as a personal leave day, the employee will not be required to charge the scheduled work time exceeding 7.5 hours to accrued vacation leave or compensatory time.
By the same token, if an employee is scheduled to work less than 7.5 hours on the day he or she takes as a personal leave day, the employee will not have credited to his or her accrued vacation leave or compensatory time the difference between 7.5 hours and the hours actually scheduled to work.
Guidelines for Approval
Supervisors will establish a vacation schedule at the beginning of each calendar year. Adjustments may be requested by either the supervisor or employee, with reasonable prior notice, based on personal or organizational needs or problems; said changes, if made, shall be discussed between the supervisor and employee prior to said change being instituted. Vacation time shall be taken in one (1) day increments with prior approval of supervisor. Requests for vacation time off of less than one (1) day
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Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 10 may be approved, based upon circumstances which may be in the best interest of employees and the City.
Vacation Buy Back
Upon written request by the employee, the City will buy back up to 60 hours of accrued vacation annually, provided the employee has used a minimum of 37-1/2 consecutive hours of vacation leave during the twelve (12) month period immediately preceding the request. One day of holiday time may be substituted for one day of vacation provided that the consecutive time off is at least 37-1/2 hours. Additionally, the employee must have at least 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 Personnel Officer by the twenty-fifth (25th) day of the month preceding the date on which the employee is requesting the payoff.
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 buy back shall be limited to once per fiscal year.
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE
The sick leave and other leaves of absence provisions of the City’s current Personnel Rules and Regulations shall apply to employees in Bargaining Unit “C”.
Payment for Accumulated Sick Leave
1. Employees hired as of August 31, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment or additional vacation for thirtythree and one third percent (33 1/3%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, 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 30. The amount of time for which an employee is paid is deducted from the employee’s total accumulation.
An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
2. Employees hired on or after September 1, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment to his/her 457 deferred compensation plan for fifteen percent (15%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, 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 30. The amount of
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Packet Pg. 100 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 11 time for which an employee receives payment is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
3. If an employee is terminated after five (5) years’ service because of voluntary resignation, death, or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days of unused sick leave to a maximum of twenty-five (25) days.
4. If an employee retires from the City with between five (5) years and twenty (20) years of service, up to twenty-five (25) days of unused sick leave will be paid upon separation and the balance will be reported to PERS for purposes of calculating PERS retirement service credit pursuant to PERS regulations.
5. See Article XVIII regarding the ICMA Retirement Health Savings Plan benefit for those employees who retire with twenty (20) or more years of service.
Leave Donation
The Parties agree to form a committee consisting of two City participants each for the Union and for the City, respectively. Committee meetings will begin within fortyfive (45) calendar days of adoption in order to develop a Leave Donation program for the bargaining unit for consideration and approval by the City Council along the following conceptual idea:
“A bargaining unit employee may donate compensatory leave, sick leave, or vacation leave with unlimited frequency and in any amount, inclusive of any combination of these leaves, to a leave donation bank for use by other bargaining unit employees who are ill or injured and have exhausted their paid leave time. Said leave from the leave donation bank may also be utilized by an employee in the event an immediate family member is ill or injured, to include parents, children, brothers and sisters.”
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS
Call Back
When full-time or permanent part-time employees, within the Unit, are called back to duty after they have completed their normal work schedule or prior to beginning their normal work schedule, or are on their day off, all hours worked during such Call Back assignment shall be paid at the rate of one and one-half (1-1/2) times the employee’s normal hourly rate. A minimum of three (3) hours pay at the one and onehalf (1-1/2) rate prior to or after the normal work shift is guaranteed the employee. A minimum of four (4) hours pay at the one and one-half (1-1/2) rate will be guaranteed
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Packet Pg. 101 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 12 the employee for Call Back to work between the hours of 10:00 p.m. and 6:00 a.m. The time of the call to the employee shall be the determinant of the Call Back minimum.
Call Back Rest Period
In the event that call back work immediately preceding a regular work shift concludes after 10:00 p.m., employees will be provided leave at straight pay during the beginning of their immediately following regular work shift. Paid leave time shall be provided at the rate of one-hour for each hour worked past 10:00 p.m. For example: if on-call work concludes at 12:00 a.m., the employee would be provided two-hours of paid leave at the start of their immediately following regular work shift, i.e., the employee would report to work two-hours later than their usual start time with no loss in pay for those two-hours.
Stand-By Time
Public Works Field Employees:
For all full-time employees within the unit, stand-by time shall be compensated at $18.00 flat rate of pay or ½ hour of compensatory time for each sixteen (16) hours of week day stand-by time; $29.00 flat rate of pay or ¾ hour of compensatory time for each twenty-four (24) hours of weekend or holiday stand-by time. The decision whether to be compensated in cash or in compensatory time shall be made by the employee.
Stand-by time for weekends will be reduced to $18.00 or ½ hour of compensatory time if the assigned employee is called back to work four (4) hours or more within the twenty-four (24) hour period.
Compensatory Time
An employee may accumulate up to eighty (80) hours of compensatory time worked at the rate of one and one-half (1-1/2) times which may be taken off as scheduled and approved by their supervisor. This computation is in accordance with the Fair Labor Standards Act.
All overtime above eighty (80) hours will be automatically paid for within the next earliest pay period.
ARTICLE VIII
WORK SCHEDULES
Work Week
Maintenance employees work an average thirty-seven and one-half (37-1/2) hour work week with no reduction in monthly pay based on four (4) days of eight and one-half (8-1/2) hours, Monday through Thursday; three and one-half (3-1/2) hours on Friday.
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Packet Pg. 102 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 13 Building Inspectors and Construction Inspectors work 37.5 hours a week, and schedules are set by mutual agreement with supervisor.
There shall be no change in the regular work schedules solely to avoid the payment of overtime or compensatory time unless mutually agreed by the employee and supervisor.
No formal coffee breaks will be allowed to any member of Bargaining Unit “C”.
Overtime
The City shall pay overtime at the rate of one and one-half (1-1/2) time for all overtime worked above an employee’s normal work day or work week schedule. (Normal is considered as those schedules shown above.) The following provisions shall apply.
Work day – Overtime shall apply if time worked is one-tenth (1/10th) of an hour above or before the normal starting or ending time of the employee work day.
Work week – Overtime shall apply if time worked is on the sixth (6th) day of the employee’s normal work week schedule.
Double time and One-Half Provision – Overtime shall be paid at the rate of two and one half (2-1/2) times the employee’s hourly rate for work performed on a regularly scheduled holiday. Pay shall be in lieu of holiday.
Overtime Scheduling
There will be two types of overtime: emergency overtime and scheduled overtime. The City will make the effort to dispense overtime equally whenever possible; however, the City retains the right to determine who will be called to respond to emergencies based on the nature of the emergency.
Scheduled overtime and standby time will be dispensed from a rotating list of eligible and qualified employees. The list will be updated and posted on the posting board. The employee at the top of the list will be called first. Once he or she completes the overtime assignment (or the next person [s] complete the overtime assignment, if the first person is not available for scheduled overtime), that person’s name will be moved to the bottom of the list. If an employee for the assignment is not available, mandatory scheduled overtime will be initiated using the least senior, qualified person.
Clean Up Time
Whenever it is essential for employees occupying labor, trades, or craft positions to clean up and/or change clothes before being presentable upon leaving work, said
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Packet Pg. 103 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 14 employee shall be allowed ten (10) minutes of City time to clean up or change clothes.
This provision does not apply to overtime work nor is the time considered a guaranteed ten (10) minutes each and every work day.
Meal Periods
Meal periods are scheduled during the employee’s work day to coincide with the employee’s work hours. A meal period is not less than thirty (30) minutes or more than one (1) hour. Meal periods will be based on work schedules and the City’s operational needs at each particular work site.
Meal Cost Reimbursements
Employees shall be reimbursed in certain instances for meal costs. The requirements for meal cost reimbursement and the procedure for obtaining such reimbursement are set forth in departmental rules and regulations.
Compensatory Time Off
For purposes of computation of compensatory time off, sick leave and vacation leave, the regular work day shall be deemed to be seven and one-half (7-1/2) hours.
Varying Hours
Employees within the unit are permitted the opportunity to discuss varying their hours within a given work day due to their personal needs or problems. These requests have been handled on a case-by-case basis between supervisor and the employee, with the final decision being made by the supervisor. The City will continue this practice keeping in mind that the supervisor must be concerned about the City’s needs and problems in managing their daily business. This practice is for meeting temporary or emergency situations.
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES
Applicable Pay Rates Following Promotion
When promoted, an employee shall begin at Step A or one (1) step higher than his/her current salary, whichever is higher. The new anniversary is the date of promotion. Upon recommendation of the Designee and approval of the City Manager, an employee may be considered for a higher step upon promotion if their experience, longevity and value to the City would merit such an increase.
Applicable Pay Rates Following Demotion
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Packet Pg. 104 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 15 In the case of a demotion to the position with a lower maximum salary, an employee shall be assigned to a pay step that is the same as, or less than, the step they held in the highest position. Placement within the rate shall be determined by the City Manager. An employee shall retain their previous anniversary date.
Applicable Pay Rates Following Transfer
Where an employee is transferred from one position to another in the same class or to another class to which the same pay range is applicable, the employee retains the same pay step and anniversary date.
Applicable Pay Rates Following Salary Range Increases and Decreases Where a pay rate is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.
Pay Status
Pay status can be defined as the period in which an employee is at work, on vacation, sick leave, compensation leave as a result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, administrative leave, paid temporary military leave of absence, or on an approved leave of absence with full pay.
Premium Pay for Employees in “Acting Capacity”
An employee who is temporarily assigned duties outside his/her assigned job classification for more than four (4) consecutive working days shall, upon City Manager approval, be paid a five percent (5%) differential based upon the employee’s regular rate of pay, which differential shall be made retroactive to the first (1st) day the employee began performing said duties. Employees who are temporarily assigned duties outside their assigned job classifications for four (4) or fewer consecutive working days shall not be paid any differential.
Applicable Pay Rates Upon New Employee Appointment to City Service When appointed, a new employee will generally begin at Step A. However, from time-to-time the City Manager may appoint a new employee at a higher step.
ARTICLE X
LONGEVITY PAY PLAN
1. Employees hired as of August 31, 2011 are eligible for the following longevity benefit if they qualify as of August 31, 2015:
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Packet Pg. 105 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 16 Employees fifty-five (55) years of age with ten (10) full years of City service shall be given a five percent (5%) benefit computed on their normal monthly base salary.
Employees sixty (60) years of age with fifteen (15) full continuous years of City service shall be given an additional five percent (5%) benefit computed on their normal monthly base salary.
2. Employees receiving the following pre-retirement benefit as of August 31, 2011 will be entitled to continue receiving the benefit for a consecutive 12-month period of time as long as retirement takes place at the end of the 12-month period. All other employees are not entitled to this benefit. Twenty (20) year employees regardless of age, upon presenting to the Personnel Officer, the State P.E.R.S. declaration of intent to retire within the following twelve (12) months, shall be given an additional seven percent (7%) benefit computed on their normal monthly base salary. This seven percent (7%) shall be effective twelve (12) calendar months before the declaring employee’s last date of employment.
Such benefit shall be used to compute any other benefit such as overtime, but will not be used in computing final retirement benefits as determined by the Public Employees Retirement System and provided for in the City’s contract with P.E.R.S.
3. Employees hired on or after September 1, 2011 are not entitled to any of the longevity or pre-retirement benefits described in this Article.
ARTICLE XI
BENEFIT PLAN
The City agrees to provide medical, dental, orthodontia, life and disability benefits plans through the term of this Memorandum of Understanding and the City will contribute premiums for such plans in accordance with the following formula:
Medical
The City will strive to provide insurance coverage by two HMO carriers.
Members Hired on or After September 1, 2011
For Local One bargaining unit members hired on or after September 1, 2011, the City will pay seventy-five percent (75%) of the Kaiser premium at each level of participation regardless of the carrier with which the employee is enrolled. The employee will pay the remainder by payroll deduction.
Members Hired as of August 31, 2011
Members of Local One hired as of August 31, 2011 and who have medical coverage through the City shall contribute towards the premium costs for their medical coverage as follows:
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Packet Pg. 106 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 17 Effective September 1, 2020, each member shall contribute 20% of the medical premium for either Kaiser or Blue Shield (if applicable) at each level of participation with the maximum monthly employee contribution capped as follows:
Kaiser Blue Shield
Employee $184.26 $268.03
Employee + 1 $368.53 $552.79
Family $515.94 $773.91
The City shall deduct said contributions from the members’ pay each month on a pretax basis to the extent permitted by law.
Medical In-Lieu
Upon proof to the Personnel Officer of medical coverage from another source, employees may elect to receive four hundred dollars ($400.00) per month in lieu of the City’s contribution to the employee’s medical plan. An eligible employee may elect to receive this “in lieu” payment in cash or as a pre-tax contribution on the employee’s behalf into the employee’s 457 deferred compensation account. Employees receiving in lieu payment shall not be required to make the premium contributions described above.
Dental/Orthodontia
Employees in Bargaining Unit C may select dental coverage (up to full family coverage) from either of the following dental plans currently provided by the City: (1) $1500 dental only; or (2) $1,000 dental benefit and $1500 orthodontia lifetime maximum.
Vision Plan
The city agrees to provide employees in Bargaining Unit “C” and their dependents with a vision insurance plan that will allow one examination and one pair of eye glasses or one pair of contact lenses on an annual basis.
Life Insurance
The City shall pay the total cost of life insurance in the amount of $50,000.
Additionally, the City will provide employees the option to increase such coverage provided that the cost of such increase shall be borne by the employee. However, the City reserves the right to change carriers if premiums become excessive.
Disability Insurance
City agrees to continue to pay total cost of Disability Insurance Plan, sixty-six and two-thirds percent (66-2/3%) of salary plan, for length of Agreement. However, City
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Packet Pg. 107 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 18 reserves the right to change carriers if premium becomes excessive. The elimination period shall be thirty (30) days. A woman unable to work for pregnancy related reasons is entitled to disability and/or sick leave on the same basis as employees unable to work for other medical reasons due to off-the-job disability.
ARTICLE XII
EDUCATIONAL INCENTIVE
The City agrees to continue the educational incentive to employees within the unit as follows:
a. The course, courses or training programs taken must be pre-approved by the Department Head, considered relevant to providing service to the public or to the employee’s job or part of a degree or certification program which has application to City service.
b. During the period such courses or training programs are taken, the employee will receive monthly compensation equal to $18.00 multiplied by the number of credit units taken up to a maximum of nine (9) units during any semester of study. In addition, the City will agree to reimburse the employee for tuition, books, training materials or required tools up to a maximum of $450 per semester and $1,400 per calendar year.
c. For purposes of this Article, reimbursement for a certification training program shall be limited to the cost of the training program and of any books, training materials and tools the employee is required to purchase in connection with the certification training program. There shall be no $18.00 per month per credit unit payment to employees for certification training programs, unless the training program is given in an accredited school and the employee has to pay tuition to the school.
d. To be reimbursed for tuition, books, and required tools, the employee must provide proof satisfactory to the city that the employee is actually enrolled in the course or training program, and that the books, training materials and/or tools are in fact required for the course or training program being taken. Such proof includes, but is not limited to, receipts, course syllabuses, written requirements, and/or written confirmation from the instructor. e. Employees receiving this temporary educational incentive shall keep their Department Head informed of their enrollment status and shall be required to submit verification that they successfully completed the course or training program. Successful completion of a school course means completing the course with a grade of “C” or better.
ARTICLE XIII
PERFORMANCE EVALUATION
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Packet Pg. 108 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 19 Annual Review
The City will continue to use an annual performance evaluation. Performance evaluations will be made once a year no later than fifteen (15) days following the employee’s anniversary date. Where a performance evaluation is late without reasonable justification, the employee may choose to file a grievance. Grievances for late performance evaluations shall commence at the second step before the department head.
All performance evaluations shall be signed by the employee indicating knowledge of the evaluation and that said evaluation is being place in the employee’s personnel file.
If the employee receives an evaluation of “below standard” on six of the twelve categories, his or her salary may be reduced up to 7% for a one year period upon recommendation of the Department Head and approval of the City Manager.
No employee shall receive a “below standard” overall evaluation without first receiving a direct oral or written warning of the need for improvement. Upon written request, an employee shall receive a second evaluation within ninety (90) days after an unfavorable evaluation.
If the employee receives an evaluation of “superior performance” on six of the twelve categories, his or her salary may be moved two (2) steps above their current step upon the recommendation of the Department Head and approval of the City Manager.
Bonus Plan
Each year, employees who meet the following threshold eligibility requirements may be considered for a bonus: (1) The employee must be at the top of his/her salary range; and (2) the employee must receive the highest possible rating in at least half of the rating categories in his/her performance evaluation. Meeting these threshold eligibility requirements renders the employee eligible to be considered for a bonus. It does not guarantee that a bonus will be awarded.
Where an employee meets these threshold eligibility requirements, his/her immediate supervisor may recommend that the employee be awarded a bonus. The employee’s department head must approve the recommendation. If the department head approves the recommendation, he/she will forward it to the Personnel Officer, who will confirm that the employee is in fact eligible for consideration for a bonus. The Personnel Officer will then forward the recommendation to the City Manager. The City Manager shall have discretion to approve or disapprove the bonus recommendation. If the City Manager approves, he/she shall also determine the amount of the bonus, which
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Packet Pg. 109 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 20 shall not exceed a maximum of 7% of the employee’s base salary for that evaluation year.
If the employee receives a bonus award, he/she may elect to have the bonus paid either as a lump sum contribution to his/her 457 plan or as a lump sum cash award paid directly to him/her.
The bonus does not become a part of the employee’s salary. After payment, the employee receives no further payment under his/her bonus award for that evaluation year. Employees may receive bonus awards more than once during their employment with the City, provided all the requirements of this section are met.
ARTICLE XIV
SALARY ADMINISTRATION
1. Base Wage Rates
Base wage rates are reflected in Appendix A, which is attached hereto and by this reference is incorporated into this Memorandum of Understanding. Wage increases during the term of this Memorandum of Understanding shall be as follows as reflected in Appendix A: Effective September 1, 2022, 3.0% of base wage rates in effect August 31, 2022.
2. Pesticides Certificate
Each employee who holds a certificate from the State in Pesticide Spray Operation will earn a two percent (2%) salary differential.
The City shall provide employees paid release time to attend classes to fulfill the requirements for certification. The City shall reimburse employees for the cost of such classes. The City will advance one-half of the cost for taking the test directly to the pesticide certification testing provider with the remaining half of the fee to be reimbursed to the employee upon certification and submission of the appropriate paperwork, onetime only. Subject to the fee for testing procedure noted, the City shall reimburse employees for the cost of obtaining certification and/or renewal.
3. Fleet Services Coordinator “Backup”
An employee who is assigned and performs vehicle and/or non-routine equipment repair shall be entitled to a 5% salary differential in addition to his/her base salary. Such assignment shall be for a period not less than eighteen (18) months and not more than twenty-four (24) months. To be eligible for this assignment, the employee must take the written exam and receive a passing score of at least seventy percent (70%). This differential shall be authorized by the Maintenance Superintendent through a Personnel Action Form. The 5% will be paid on all hours worked and not just when performing vehicle and non-routine equipment repair.
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Packet Pg. 110 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 21 4. COVID Pandemic Relief Payment
The City will pay a one-time, non-pensionable, lump sum payment of three thousand five hundred dollars ($3,500) 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 one-time payment is to be paid on the regular payroll and subject to all applicable withholding.
ARTICLE XV
NO STRIKE OR LOCKOUTS
No lockout of employees represented by the Union shall be instituted by the City during the term of this Agreement. The Union agrees that during the term of this Agreement, neither Union Staff nor City Employees shall engage in or support strikes by not crossing another Union picket line, work stoppages, slow downs, 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 XVI
FULL AGREEMENT
This Memorandum of Understanding (“MOU”) represents a complete and final understanding on all negotiable issues between the City and the Union. This agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Union except as specifically referred to in this MOU. The parties, for the term of this MOU voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter 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 MOU was negotiated and signed. If during the term of this MOU the City desires to alter the status quo (as defined under the Myers, Milias, Brown Act) on any subject within the scope of representation but not covered by this MOU the City shall notify the Union in writing in advance and afford it the right to meet and confer over the proposed change upon timely request to the City.
ARTICLE XVII
SAVINGS CLAUSE
If any provision of this Agreement is held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision is enjoined 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 City Resolution No. 2-15.
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Packet Pg. 111 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 22 ARTICLE XVIII
RETIREMENT
Retirement Benefits
The City will continue to provide retirement benefits to existing Local One members employed as of August 31, 2011 under the City’s present contract with the California Public Employees Retirement System (“CalPERS” or “PERS”), including but not limited to 2%@55 retirement benefits for Local One miscellaneous employees; single highest year; and payment of the employer’s required contribution. Effective April 16, 2012, the pension formula was reduced to 2%@60 for new members employed on or after that date and final compensation for those new employees will be based on a three-year average. All employees hired on or after January 1, 2013 who are “new members” as determined by CalPERS will participate in the City’s Public Employees’ Pension Reform Act (PEPRA) Miscellaneous Employees Retirement Plan (2%@62).
Employees will pay the full seven percent (7%) PERS employee member contribution and there will be no Employer Paid Member Contribution; provided, that employees who are subject to the PEPRA pension tier shall pay one-half (1/2) of the normal cost contribution for that plan, subject to the terms of the PEPRA.
Sick Leave Conversion Upon Retirement
For employees employed as of August 31, 2011: An ICMA VantageCare Retiree Health Savings Plan (“RHS Plan”) shall be established (at no cost to the City) for employees who have worked with the City for twenty (20) or more years, regardless of age, who elect to take a service retirement. The RHS Plan will permit the payment of post-retirement healthcare costs with contributions as follows:
Twenty-five (25) days of accrued, unused sick leave will be paid to the employee at one hundred percent (100%) of the last day worked salary and any remaining accrued, unused sick leave at one hundred percent (100%) of the last day worked salary, calculated at the net present value as of the date of retirement, shall be contributed to the employee’s RHS Plan account pursuant to the Local One adoption agreement.
For employees hired on or after September 1, 2011: No sick leave conversion will be allowed upon retirement.
Retiree Health Savings Accounts
The City shall establish Retiree Health Savings Plan accounts for all bargaining unit members who do not have such an account. (This does not, however, extend sick leave conversion to such employees.) Into each Retiree Health Savings Account, regardless of employee hire date, the City shall contribute seventy-five dollars ($75) per
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Packet Pg. 112 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 23 month. This amount may be prospectively eliminated, reduced or increased through the meet and confer process undertaken for the negotiation of any successor MOU, or at any other time by mutual agreement.
Reversion of Residual Funds
In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account and leaves no spouse or dependents, the remaining amount shall revert back to the City.
ARTICLE XIX
DEFERRED COMPENSATION
Each employee shall have the option of making monthly contributions to the City’s Deferred Compensation Plan. Employees may elect to defer up to the maximum allowed by law to the City’s 457 Deferred Compensation Plan.
IRS 125 Plan
All benefits covered under the City’s IRS 125 Plan may be paid on a pre-tax basis. Examples include dependent care, out-of-pocket medical expenses and specified insurance premiums.
401 (a) Money Purchase Plan
Effective September 1, 2012, the City will no longer make a monetary contribution to each employee’s 401(a) Money Purchase Plan. Employees may continue to make voluntary after-tax contributions.
ARTICLE XX
JOB ANNOUNCEMENTS
City will designate official bulletin boards and post by memorandum or formal job announcement all examination processes for a period of at least five (5) days in advance. Space for Union notices shall be provided on these bulletin boards.
ARTICLE XXI
MISCELLANEOUS
Protective Apparel Allowance
The City shall allot a protective apparel allowance of up to four hundred dollars ($400) per year to each employee in Bargaining Unit “C”. This allowance is to be used for the purchase or repair of protective boots, shoes, hats, or any other protective apparel the employee would be required to wear while on the job that is not already supplied.
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Packet Pg. 113 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 24 Procedure for reimbursement: The employee shall bring the protective apparel and purchase receipt to management for approval. Guidelines for approval shall be set forth in departmental rules and regulations.
Uniform Allowance
Each employee in Bargaining Unit “C” is entitled, beginning on July 1, 2012, to a uniform allowance of $20 per month, paid on the pay period ending on the 15th of each month. This allowance is to be used for the purchase, rental and/or maintenance of required clothing. This allowance will be reported to CalPERS as a separate “special compensation” line item. Effective January 1, 2013, the uniform allowance will not be included as “pensionable compensation” for employees classified as “new” members under the California Public Employees’ Pension Reform Act of 2013.
Temporary and Part-Time Employees
This Agreement does not apply to Temporary Employees or Part-Time Employees.
Conversion of Permanent Positions to Part-Time
If any positions currently in Bargaining Unit “C” are converted to Part-time permanent, all such positions shall continue to be covered by this M.O.U.
Required Class II (B) Driver’s License
Employees who are required to obtain and/or renew a Class II (B) driver’s license shall be permitted to obtain and renew such license on work time provided that arrangements are made in advance with the supervisor. Additionally, the City shall pay the cost of any medical examinations and any licensing fees to the extent these costs or fees exceed the costs or fees of obtaining a regular (Class C) driver’s license.
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C”
The City recognizes the Union as the sole and exclusive representative for the General Employee Bargaining Unit “C” consisting of the following classifications, as well as any new classifications which may be assigned to this representation unit by the City Manager:
Fleet Services Coordinator, Maintenance Worker I,
Maintenance Worker II, Senior Maintenance Worker, Building Inspector, Construction Inspector, Building Trades Worker I and Building Trades Worker II.
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Packet Pg. 114 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 25 The current salary ranges for the classifications within Unit “C” are listed on Exhibit A.
ARTICLE XXIII
PROMOTION SELECTION PROCESS
The City will take all reasonable steps to avoid the use of City employees as oral board raters when a promotional selection process is administered. This action shall not restrict the City from use of City employee oral board members if circumstances prevail necessitating such use as deemed appropriate by City management. Also, the intent of this article shall not restrict City management from using City employees in an administrative capacity in any or all parts of a Selection Process.
This article does not relate to the final interviews conducted by City management prior to actual promotion offers made by Management on behalf of the City of Pleasant Hill.
Positions will be posted internally for a minimum of two weeks. If there are fewer than three (3) internal applicants, City may then post externally.
Among the qualified applicants for the position, length of City service, merit and ability will be factors in the employee’s behalf in making the appointment.
ARTICLE XXIV
EMPLOYEE RIGHTS
Employees shall have the right to Union representation upon request at disciplinary or investigatory meetings. Records of discipline shall be removed from an employee’s file in accordance with the following schedule, provided there has been no recurrence within the stated time:
Written reprimands – two (2) years. Suspensions of one day – three (3) years.
More serious discipline – no scheduled removal.
The Probation Period for new employees shall be twelve (12) months as calculated in Personnel Rules and Regulations. In the case of new employee’s starting at “A” step, however, the employee shall receive a step increase to “B” step after six (6) months,
provided the employee’s performance is rated no lower than “meets standard” in all categories; the employee’s probation shall continue for the remainder of the twelve (12) month probationary period regardless of whether the employee’s salary is increased from Step “A” to Step “B”.
The Probation Period shall be six (6) months for current employees who have already completed an initial probation in another City of Pleasant Hill position.
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Packet Pg. 115 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 26 ARTICLE XXV
CITY RIGHTS CLAUSE
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services subject to the provisions of this understanding and applicable law.
It is agreed that during the term hereof the City shall not be required to meet and confer on matters which are solely a function of management, including the right to:
Determine and modify the organization of City government and its constituent work units.
Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
Determine the methods, means and the numbers and kinds of personnel by which services are to be provided.
Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
Direct employees, including scheduling and assigning work, work hours, and overtime.
Establish employee performance standards and to require compliance therewith.
Impose discipline subject to requirements of applicable law. Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
Take all necessary actions to protect the public and carry out its mission in emergencies.
Decisions under this Article shall not be subject to the grievance procedure except as provided elsewhere in the MOU. Nothing in this Article shall relieve the City of its obligation to meet and confer on the impact of the exercise of rights enumerated herein to the extent that they are within the scope of representation and subject to meet and confer under Meyers-Milias-Brown Act.
ARTICLE XXVI
TERM OF AGREEMENT
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Packet Pg. 116 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 27 This Agreement shall take effect as of September 1, 2022 upon adoption by the City Council following ratification and signing by the Union, and shall continue in full force through midnight, August 31, 2023.
AS WITNESSED HERETO by the following parties this day of , 2022:
For the City of Pleasant Hill: For Public Employees Union, Local 1:
June Catalano Jason Williamson
City Manager President
Ericka Mitchell Vince Scudero
Human Resources Manager Union Bargaining Team Member
City Bargaining Team Member
NEGOTIATED: NEGOTIATED:
Gregory Ramirez Jeff Apkarian
Chief Negotiator Chief Negotiator
Industrial Employers and Business Representative
Distributors Association Public Employees Union
Local One
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Packet Pg. 117 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU) 28 Exhibit A
CITY OF PLEASANT HILL
PUBLIC EMPLOYESS UNION, LOCAL 1
BARGAINING UNIT “C” CLASSIFICATIONS
MONTHLY SALARY BY STEP
EFFECTIVE SEPTEMBER 1, 2022
CLASSIFICATION A B C D E F
MAINTENANCE WORKER I $4,702 $4,997 $5,249 $5,502 $5,788 $6,072 BUILDING TRADES WORKER I $5,042 $5,366 $5,636 $5,923 $6,209 $6,519 MAINTENANCE WORKER II $5,272 $5,604 $5,884 $6,180 $6,491 $6,818 BUILDING TRADES WORKER II $6,289 $6,690 $7,024 $7,375 $7,747 $8,135
FLEET SERVICES
COORDINATOR $6,866 $7,331 $7,694 $8,088 $8,486 $8,911
BLDG/CONTRUCTION
INSPECTOR $6,976 $7,446 $7,815 $8,206 $8,620 $9,053
SENIOR MAINTENANCE
WORKER $7,897 $8,486 $8,911 $9,363 $9,825 $10,310
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Packet Pg. 118 Attachment: Exhibit 2 - Local 1 MOU, September 1, 2022 through August 30, 2023 (Local 1/AFSCME Successor MOU)
CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY
MANAGER TO APPROVE THE PURCHASE OF THREE POLICE
VEHICLES FROM FOLSOM LAKE FORD AND ELK GROVE
AUTO/WINNER CHEVROLET FOR THE PLEASANT HILL POLICE
DEPARTMENT AND AMEND THE FISCAL YEAR 22/23 BUDGET
Staff routinely reviews its fleet and determines if any vehicles need to be replaced based on their useful life and maintenance requirements. The Police Department normally purchases two new vehicles a year, but one of the vehicles in the prior fiscal year was canceled by the dealership due to supply chain issues. The Police Department is requesting City Council approve the purchase of three new vehicles from two dealerships and an additional budget of $91,000.
DISCUSSION
Background
Due to a nationwide inventory shortage, law enforcement agencies throughout the country are experiencing wait times of up to and exceeding a year or more in acquiring new vehicles for their respective police fleets. For the past year, the Police Department has been seeking to acquire new vehicles, but has continued to experience delays in production due to manufacturing issues. This has been an ongoing issue over the last several years and is not exclusive to Pleasant Hill alone.
The City had a purchase order in August 2021 with Towne Ford for $71,406 for a 2022 Ford Explorer. However, this vehicle was never delivered due to manufacturing issues and backorder cancellations. During this period, the existing salesperson with Towne Ford advised staff that he was retiring and unable to fulfill this order.
At present, the Police Department has five vehicles with an odometer reading in excess of 97,000 miles. These high-mileage vehicles have required increased upkeep and maintenance, often necessitating off-site repairs that reduce our operational fleet. The challenges in acquiring replacement vehicles due to manufacturer delays have exacerbated this issue.
Throughout the past several months, Police Department command staff have sought out new dealerships with a successful history of working with law enforcement agencies in procuring fleet vehicles.
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Analysis
Utilizing a provision in the City Code that allows procurement using another governmental entity’s bid, both Folsom Lake Ford and Elk Grove Auto / Winner Chevrolet have state bid contracts with the California Department of General Services, Procurement Division. Both Folsom Lake Ford and Elk Grove Auto / Winner Chevrolet work with other law enforcement agencies in Contra Costa County and have a streamlined process with the Police Department’s emergency vehicle equipment outfitter Lehr Auto.
The current budget authorizes purchase of two vehicles this year. Given the current challenges and time it has taken to acquire new vehicles, and without the ability to forecast when supplychain and manufacturing issues may improve, staff recommends that three vehicles be ordered now instead of the two authorized. The vehicles to be purchased are as follows:
2023 Ford Interceptor with Lehr Auto Upfit $79,508.53 2023 Ford Interceptor with Lehr Auto Upfit $79,508.53 2023 Dodge Charger Pursuit with Lehr Auto Upfit $71,922.13 Total $230,939.19
FISCAL IMPACT
The City Council had approved $140,000 in the Equipment Replacement Fund for purchase of two vehicles as part of the budget adoption. Staff is requesting authorization for an additional $91,000 to proceed with the purchase and outfitting of a third vehicle. The Finance Division has confirmed that adequate funds are available in the Equipment Replacement Fund to support the purchase of all three vehicles, which is quoted for a total of $230,939.19.
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
Adopt the attached resolution approving the additional budget of $91,000 and authorizing the City Manager to allow the Pleasant Hill Police Department to purchase needed fleet vehicles from Folsom Lake Ford and Elk Grove Auto / Winner Chevrolet.
ALTERNATIVES TO RECOMMENDED ACTION
None.
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ATTACHMENT(S):
Proposed Resolution
Quote from Folsom Lake Ford
Quote from Elk Grove Auto / Winner Chevrolet
Folsom Lake Ford Contract Number 1-22-23-14C
Elk Grove Auto / Winner Chevrolet Contract Number 1-22-23-14A Prepared by: Scott Vermillion
Interim Chief of Police
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
AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF THREE
POLICE VEHICLES FROM FOLSOM LAKE FORD AND ELK GROVE AUTO / WINNER
CHEVROLET FOR THE PLEASANT HILL POLICE DEPARTMENT AND AMEND THE FISCAL YEAR 22/23 BUDGET
WHEREAS, the duty of the Pleasant Hill Police Department is to lawfully protect the lives and property of the people who live in or visit Pleasant Hill while safeguarding individual rights and liberties; and
WHEREAS, to accomplish this, the Pleasant Hill Police Department utilizes patrol vehicles and other supportive fleet vehicles; and
WHEREAS, each year the Pleasant Hill Police Department purchases new vehicles to replace existing vehicles in the fleet that are nearing their end of life; and WHEREAS, the City Council approved the FY 22/23 Budget, which includes $140,000 for police vehicle replacement in the Equipment Replacement Fund; and WHEREAS, a nationwide inventory shortage due to supply chain issues caused the cancellation of a police vehicle order with Towne Ford in the previous fiscal year; and WHEREAS, a provision in the City Code that allows procurement using another governmental entity’s bid, and both Folsom Lake Ford and Elk Grove Auto / Winner Chevrolet have state bid contracts with the California Department of General Services, Procurement Division. Also, Folsom Lake Ford and Elk Grove Auto/Winner Chevrolet work with other law enforcement agencies in Contra Costa County and have a streamlined process with the Police Department’s emergency vehicle equipment outfitter Lehr Auto; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that authorization is granted for the purchase of three new police patrol vehicles totaling $230,939.19 with Folsom Lake Ford and Elk Grove Auto/Winner Chevrolet, and BE IT FURTHER RESOLVED, to increase the appropriation by $91,000 in the FY 22/23 Budget in the Equipment Replacement Fund to purchase all three vehicles. [Signatures on Following Page]
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Packet Pg. 122 Attachment: Proposed Resolution (Police Dept Vehicles) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 21st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk
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Packet Pg. 123 Attachment: Proposed Resolution (Police Dept Vehicles)
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Packet Pg. 124 Attachment: Quote - Folsom Lake Ford (Police Dept Vehicles) Elk Grove Auto / Winner Chevrolet DATE November 4, 2022 8575 Laguna Grove Drive To: Quotation # 2264R
Elk Grove, CA 95757 Jason Kleven
(916)509-8598 - Desk Pleasant Hill PD
(916792-3672 - Cell 330 Civic Drive
Pleasant Hill, CA 94523 Prepared by: Andrew Villareal
(925) 288-4620
Comments or special instructions: Vehicle build and options are in additional pages.
AMOUNT
$ 44,350.00
$ 235.00
$ 2,250.00
$ 18,630.00
$ 65,465.00
DOC Fee $ 85.00
Taxable Subtotal: $ 65,550.00
9.250% $ 6,063.38
Tire Fee: $8.75
$ 300.00
Total: $ 71,922.13
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509- 8598 or email at [email protected]
Line #A1 2023 Dodge Charger Pursuit AWD
Options (Refer to Window Sticker):
Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** Lehr Upfit
Includes Ballistics
___________________________________________________
State Contract # 1-22-23-14A
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):
Description
Paint 4 Doors and Roof White
(Order Acknowledgment Signature) (Date)
THANK YOU FOR YOUR BUSINESS!
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Packet Pg. 125 Attachment: Quote - Elk Grove Auto (Police Dept Vehicles)
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Packet Pg. 126 Attachment: State Contract Folsom Lake Ford 1-22-23-14C (Police Dept Vehicles)
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Packet Pg. 127 Attachment: State Contract Folsom Lake Ford 1-22-23-14C (Police Dept Vehicles)
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Packet Pg. 128 Attachment: State Contract Elk Gove Auto 1-22-23-14A (Police Dept Vehicles)
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Packet Pg. 129 Attachment: State Contract Elk Gove Auto 1-22-23-14A (Police Dept Vehicles)
CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AMENDING AN AFFORDABLE
HOUSING LOAN AGREEMENT AND COVENANT WITH HABITAT
FOR HUMANITY EAST BAY/SILICON VALLEY FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING AT 250 CLEAVELAND
ROAD (APN 149-130-016)
SYNOPSIS
The City of Pleasant Hill as Successor Agency to the Pleasant Hill Redevelopment Agency (Successor Agency) has a Purchase and Sale Agreement (PSA) with Habitat for Humanity East Bay/Silicon Valley (Habitat) to transfer a former Redevelopment Agency property at 250 Cleaveland Road (APN 149-130-016) (Property) to Habitat to develop affordable housing. The City also has an Affordable Housing Loan Agreement (Loan Agreement) with Habitat to provide a $400,000 loan subject to the execution of an Affordable Housing Covenant (Covenant) that requires seven single-family townhome units to be constructed on the Property and sold to lowand moderate-income households.
After the PSA and Loan Agreement were executed, Habitat identified potential floodplain constraints that could prevent the Property from being developed with seven units. Habitat is completing a Floodplain Impact Study to determine the maximum number of units possible; however, the study has been delayed until the Federal Emergency Management Agency (FEMA) completes a flood plain model for the area.
The City and Habitat need to close escrow on the Property by December 31, 2022, to meet certain Surplus Land Act requirements. In order to meet this deadline, Habitat has requested that the City make a commitment to amend the Loan Agreement and Covenant to allow less than seven units if restricted by floodplain constraints, up to the maximum number of units possible. If the Floodplain Impact Study determines the site cannot support seven units, an amended Loan Agreement and Covenant will be presented to City Council at a later date.
DISCUSSION
On September 16, 2019, the City Council, acting as the Successor Agency Board, approved a PSA to sell 250 Cleaveland Road to Habitat. The PSA was approved by the Contra Costa Countywide Oversight Board on September 23, 2019, as part of the redevelopment dissolution
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process. The City Council approved a Loan Agreement on February 22, 2021, to provide a $400,000 forgivable loan from In-Lieu Fee Funds to assist with the development of affordable housing on the Property. The In-Lieu Fee Funds are from fees paid as an alternative to providing affordable housing units on-site at residential projects with five or more units pursuant to the City’s Inclusionary Housing policy (Municipal Code 18.20.060). In-Lieu Fee Funds must be spent to increase or preserve the City’s affordable housing supply, which is applicable in this situation. The Habitat loan is subject to the recordation of a Covenant that requires seven singlefamily townhome units to be constructed and sold to low- and moderate-income households.
After the Loan Agreement was executed, Habitat identified potential site floodplain constraints that could prevent the Property from being developed with seven units. Habitat has engaged a hydrology consultant to complete a Floodplain Impact Study. A final determination has been delayed indefinitely because FEMA has not provided a legible copy of an effective FEMA model for the area.
Habitat and the City must close on the sale of the Property by December 31, 2022, in order to meet certain Surplus Land Act requirements on former redevelopment agency properties. Both parties are committed to developing affordable units on the Property, thus, in order to close escrow on the Property by the December 31, 2022 deadline, Habitat has requested a commitment from the City to amend the Loan Agreement and Covenant in the future to allow less than seven units if restricted by floodplain constraints, up to the maximum number of units possible. Attachment 1 presents a letter agreement for both parties to sign acknowledging the commitment.
If the Floodplain Impact Study determines the site cannot support seven units, an amended Loan Agreement and Covenant will be presented to City Council for consideration at a later date.
FISCAL IMPACT
None, as the City is affirming an agreement to loan $400,000 from the In-Lieu Fee Fund that was originally approved by City Council on February 22, 2021.
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
City staff recommends the Council authorize the City Manager to execute a letter agreement committing to amend the Loan Agreement and Covenant if necessary by adoption of the proposed Resolution.
ALTERNATIVES TO RECOMMENDED ACTION
Continue the item for further discussion with direction to staff.
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Do not adopt the Resolution.
ATTACHMENT(S):
1. Proposed Resolution
2. Commitment Letter
3. Loan Agreement and Covenant
Prepared by: Troy Fujimoto, City Planner
Reviewed by: Ethan Bindernagel, Community Development Director and Assistant City 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
COMMITTING TO AMEND AN AFFORDABLE HOUSING LOAN AGREEMENT AND
COVENANT WITH HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY IF
NECESSARY TO ADDRESS FLOODPLAIN CONSTRAINTS FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AT 250 CLEAVELAND ROAD
WHEREAS, on October 15, 2019, the City of Pleasant Hill (“City”) as Successor Agency to the Pleasant Hill Redevelopment Agency (“Successor Agency”) and Habitat for Humanity East Bay/Silicon Valley (“Borrower”) entered into a Purchase and Sale Agreement (“PSA”) to sell 250 Cleaveland Road in Pleasant Hill, California (“Property”) from the Successor Agency to Borrower; and
WHEREAS, the City and Borrower entered into an Affordable Housing Loan Agreement (“Loan Agreement”) dated April 23, 2021 (Contra Costa County Recordation No. DOC – 2021- 0309333), that provides a $400,000 loan from the City to the Borrower to assist with the development of seven single-family townhome units to be sold to low- and moderate-income households (the “Project”); and
WHEREAS, the Loan Agreement includes an Affordable Housing Covenant (“Covenant”) that requires the Project’s seven units to be affordable to households earning up to 80% or 120% of the area median income for a period of 45 years; and WHEEREAS, after the Loan Agreement was executed the Borrower identified potential floodplain constraints that could restrict the site to being developed with less than seven units; and WHEREAS, a determination of the maximum number of units feasible is subject to the completion of a floodplain impact study, the results of which have been delayed indefinitely until the Federal Emergency Management Agency can provide a legible copy of an effective FEMA model for the area; and
WHEREAS, the Borrower is unable to close on the sale of the Property if the Loan Agreement and Covenant require seven units due to the uncertainty of floodplain constraints; and WHEREAS, the City and Borrower are committed to developing affordable housing on the Property and desire to close on the sale of the Property prior to December 31, 2022, to meet Government Code Section 54234 requirements imposed on Successor Agency properties; and WHEREAS, in order to close on the Property by December 31, 2022, the City desires to execute a letter with the Borrower that commits to amending the Loan Agreement and Covenant to allow less than seven units if restricted by floodplain constraints, up to the maximum number possible.
WHEREAS, the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”), imposes no conditions on the City’s consideration and approval of this Agreement Amendment, because pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2) and (3), 15273, 15378, and Public Resources Code Section 21065, funding of a proposal is not
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Packet Pg. 133 Attachment: 1. Proposed Resolution (Habitat for Humanity - 250 Cleaveland Agreement Amendment) 2 subject to environmental review under CEQA as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill:
Section 1. The foregoing recitals are true and correct and constitute a substantive part of this Resolution.
Section 2. The City Council hereby authorizes the City Manager and/or their designee to execute the Commitment Letter included as Attachment 1.
Section 4. The Mayor shall sign the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
Section 5. The City Clerk shall certify to the adoption of this resolution.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 21st day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk
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Packet Pg. 134 Attachment: 1. Proposed Resolution (Habitat for Humanity - 250 Cleaveland Agreement Amendment) ATTACHMENT 1
COMMITMENT LETTER TO AMEND LOAN AGREEMENT AND COVENANT
(See City Council Attachment 2)
250 CLEAVELAND ROAD
[to be attached]
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Packet Pg. 135 Attachment: 1. Proposed Resolution (Habitat for Humanity - 250 Cleaveland Agreement Amendment) City Manager
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org
____________, 2022
Janice Jensen, President & CEO
Melanie Mintenko, Project Manager
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY
2619 Broadway
Oakland, CA 94612
250 Cleaveland Affordable Housing Loan Agreement and Affordable Housing Covenant – Commitment to Potential Amendment due to Floodplain Constraints Dear Janice and Melanie:
The City of Pleasant Hill (“Seller” or “City”) and Habitat for Humanity East Bay/Silicon Valley (“Purchaser” or “Habitat”) entered into a Purchase and Sale Agreement (“PSA”) dated October 15, 2019 for the transfer of 250 Cleaveland Road, Pleasant Hill, Contra Costa County, California (Assessor’s Parcel Number 149-130-016) (“Property”). The City and Habitat subsequently entered into an Affordable Housing Loan Agreement (“Loan Agreement”) dated April 23, 2021 (Contra Costa County Recordation No. DOC – 2021-0309333).
The Loan Agreement provides a $400,000 loan from the City to Habitat, subject to the execution of an Affordable Housing Covenant (Attachment No. 7 to the Loan Agreement) that requires seven single-family townhome units to be constructed and sold to low and moderate income households.
After the Loan Agreement was executed, Habitat identified potential site floodplain constraints that could prevent the Property from being developed with seven units. Habitat has engaged a hydrology consultant to complete a Floodplain Impact Study. The results of the study have been delayed indefinitely until the Federal Emergency Management Agency (“FEMA”) can provide a legible copy of an effective FEMA model for the area.
The City and Habitat are committed to developing affordable units on the Property. However, Habitat is unable to close on the sale of the Property if the Loan Agreement and Affordable Housing Covenant require seven units, as floodplain constraints could restrict the site to less units.
Habitat and the City need to close on the sale of the Property by December 31, 2022 in order to
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Packet Pg. 136 Attachment: 2. Commitment Letter (Habitat for Humanity - 250 Cleaveland Agreement Amendment) Commitment Letter for Potential Amendment
250 CLEAVELAND LOAN AGREEMENT AND COVENENT
____________, 2022
2 meet certain Surplus Land Act requirements on former redevelopment agency properties. In order to meet this deadline, the City commits to amending the Loan Agreement and Affordable Housing Covenant to less than seven units if restricted by floodplain constraints, up to the maximum number of units possible.
By signed execution of this letter, the City and Habitat agree to close on the sale of the Property by December 31, 2022 and, if floodplain constraints restrict Habitat to constructing less than seven units on the Property, amend the Loan Agreement and Affordable Housing Covenant to require the maximum number of units possible.
Please return a signed copy acknowledge receipt of this letter to Troy Fujimoto, City Planner, at [email protected] by ________.
Executed By:
_______________________________
CITY OF PLEASANT HILL
June Catalano, City Manager
Date: _______________________________
_______________________________
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY
Janice Jensen, President & CEO
Date: _______________________________
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Packet Pg. 137 Attachment: 2. Commitment Letter (Habitat for Humanity - 250 Cleaveland Agreement Amendment)
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CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE PLEASANT
HILL LIBRARY FOUNDATION TO PROVIDE A SHORT-TERM LOAN
TO COVER THE COSTS FOR FACILITIES AND SERVICES AT THE
NEW PLEASANT HILL LIBRARY
SYNOPSIS
The Pleasant Hill Library Foundation (“Foundation”), Contra Costa County, and the City of Pleasant Hill have partnered in the development, construction and opening of the new Pleasant Hill Library. Through this partnership the Foundation is requesting the City of Pleasant Hill approve a short-term loan up to $200,000 so that the Foundation may continue to support the facilities and services provided at the new Library until a $250,000 contribution from the County Board of Supervisors arrives. Upon receipt of the County funds, the Foundation will repay the short-term loan from the City.
DISCUSSION
Background
Friends of the Pleasant Hill Library Foundation.
Established in 2016, the Friends of the Pleasant Hill Library, which is an independent 501(c)(3) non-profit group doing business as the “Pleasant Hill Library Foundation,” is dedicated to raising funds in support of the new City Library at 2 Monticello Avenue. To this end, the Foundation leverages grants and contributions from foundations, individuals and small businesses in the community to support “the most robust, vibrant and accessible library possible for Pleasant Hill.”
Analysis
County Grant Award.
On May 10, 2022, the Contra Costa County Board of Supervisors (“Board”) authorized the County’s Department of Conservation and Development to distribute $750,000 from the Livable Communities Trust fund equally among three County library foundations within District IV, including the Pleasant Hill Library Foundation, "to benefit the facilities and services of each library for the period of July 1, 2022 through June 30, 2027." The Board awarded $250,000 to
10.2 Packet Pg. 204
the Foundation; a copy of the Board of Supervisors’ approval from May 10th is attached to this report.
Loan Request.
The Pleasant Hill Library Foundation is seeking financial assistance, which will be used to support library facilities and services. According to the Board’s May 10 approval document, the allocated funding may be used for “purchase of equipment and supplies for use at the library,” as well as the “initiation or augmentation [of] educational programs and event conducted at the library,” among other items. The short-term loan would be limited to $200,000, and would serve as a “bridge loan” until County funds arrive. The Foundation has expressed its intention to repay the loan in full upon its receipt of the County’s financial contribution.
Terms of Loan.
If the City Council approves the Foundation’s request for financial assistance, the following terms would apply to the short-term loan:
The loan shall be repaid in full within 20 business days of the Foundation’s receipt of the County’s Livable Communities Trust funds;
If the County funds are delayed or not awarded, the Foundation shall repay the loan in full within 24 months of the City Council’s approval of this request.
The proposed loan agreement and promissory note are incorporated in the attached resolution.
FISCAL IMPACT
The requested $200,000 loan, if approved, would be allocated from the General Fund, subject to the proposed terms of the loan agreement and note between the Pleasant Hill Library Foundation and the City. Given the anticipated short-term nature of this loan, City staff does not anticipate the proposed temporary use of General Fund money will affect City operations and/or the delivery of City services.
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
Approve the resolution authorizing the City Manager to execute the loan agreement with the Pleasant Hill Library Foundation, subject to the conditions contained therein.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council may decline to execute an agreement and/or provide further direction to City staff.
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ATTACHMENT(S):
Proposed Resolution
Exhibit A - Proposed Loan Agreement and Promissory Note County Board of Supervisors Approval Document, dated May 10, 2022 Prepared by: Ethan Bindernagel, Community Development Director/Assistant City Manager Reviewed by: Erick Cheung, Finance Manager
Approved by: June Catalano, City Manager
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RESOLUTION NO. -22
ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE PLEASANT HILL LIBRARY FOUNDATION TO PROVIDE
A SHORT-TERM LOAN TO COVER THE COSTS FOR FACILITIES AND SERVICES AT
THE NEW PLEASANT HILL LIBRARY
WHEREAS, on November 21, 2022, the City of Pleasant Hill City Council convened a regular meeting, duly noticed, to consider the Pleasant Hill Library Foundation’s (“Foundation”) request for a short-term loan of $200,000; and
WHEREAS, in early November, the Foundation contacted the City to inquire about a shortterm loan in the amount of $200,000 to cover costs associated with the facilities and services provided at the new City Library at 2 Monticello Avenue; and WHEREAS, on May 10, 2022, the Contra Costa County Board of Supervisors allocated $250,000 from its Livable Communities Trust fund to the Pleasant Hill Library Foundation to benefit the facilities and services of the Library for the period of July 1, 2022 through June 30, 2027, to include the “purchase of equipment and supplies for use at the library,” as well as the “initiation or augmentation [of] educational programs and event conducted at the library,” among other items; and,
WHEREAS, the County and the Foundation are finalizing documentation to facilitate disbursement of that $250,000 allocation to the Foundation; and, WHEREAS, the Pleasant Hill Library Foundation is requesting the City’s temporary financial assistance until the County completes its required documentation process and disburses the funding, upon the receipt of which the Foundation will repay the short-term loan from the City.
WHEREAS, City staff has prepared a Loan Agreement (“Agreement”) and Promissory Note that clarifies the terms under which full repayment of the loan must occur, including a provision that mandates repayment within two years from the date of the City Council’s approval of the agreement; and
WHEREAS, the City of Pleasant Hill recognizes the contributions of the Friends of the Pleasant Hill Library and the Pleasant Hill Library Foundation, the County of Contra Costa and the Board of Supervisors, among other community partners, and values the collective commitment to achieving the vision of constructing a new library in the City; and, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that,
SECTION 1. Recitals. The above recitals are incorporated herein by reference.
SECTION 2. Authorization for the City Manager to Execute the Agreement. The City Council hereby authorizes the City Manager to execute a Loan Agreement and Promissory Note with the
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Packet Pg. 207 Attachment: Proposed Resolution (Library Foundation Loan) Pleasant Hill Library Foundation, attached as Exhibit A to this resolution, for a total amount not to exceed $200,000, and subject to the terms and conditions contained therein.
ADOPTED by the City Council of the City of Pleasant Hill at a special meeting held on the 21st day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk
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Packet Pg. 208 Attachment: Proposed Resolution (Library Foundation Loan) RECOMMENDATION(S):
ALLOCATE $250,0000 from the Livable Communities Trust (District IV portion) to the Friends of the Pleasant Hill Library, $250,000 to the Walnut Creek Library Foundation, and $250,000 to the Clayton Community Library Foundation, as recommended by Supervisor Mitchoff.
AUTHORIZE the Conservation and Development Director, or designee, to enter into contracts, subject to approval by the County Administrator and approval as to form by County Counsel, with Friends of the Pleasant Hill Library, Walnut Creek Library Foundation, and the Clayton Community Library Foundation in amounts not to exceed $250,000 each to benefit the facilities and services of each library for the period of July 1, 2022 through June 30, 2027.
FISCAL IMPACT:
No General Fund impact. The $750,000 required for the three contracts will come from the District IV allocation of the deposits into the Livable Community Trust (Fund). The current available balance in the District IV portion of the fund is $1,558,606.51.
BACKGROUND:
The Livable Communities Trust Fund is a Special Revenue Mitigation Fund that was established by the Board of Supervisors on November 15, 2005, following the approval of the Camino Tassajara Combined General Plan Amendment Project, also known as the Alamo Creek and Intervening Property residential projects, and was required as a condition of approval. The Fund was established to implement the County’s Smart Growth Action Plan. The residential developers pay an $8,000 per unit fee (excluding the affordable housing portions of the projects) into the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/10/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes:
VOTE OF SUPERVISORS
AYE: John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Kristin Sherk
925-655-2889
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: May 10, 2022
Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy
cc:
C. 33
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department Date: May 10, 2022
Contra
Costa
County
Subject: Allocation of Livable Communities Trust funds to the Pleasant Hill, Walnut Creek, and Clayton Community Library Foundations (District IV)
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Packet Pg. 209 Attachment: County Board of Supervisors Approval Document - May 10, 2022 (Library Foundation Loan) Fund. The Department of Conservation and Development administers the Fund.
On December 3, 2013, the Board of Supervisors determined that revenue from the Fund should be spent equally among supervisorial districts. At complete build-out, deposits to the Fund will total $8,448,000. As of April 14, 2022, the account has collected $8,376,000 in revenue fees, and $867,967.57 accrued interest with $6,203,773.93 remaining in uncommitted funds. The approved expenditures to date are attached.
Libraries are a necessary component to a vibrant and healthy community with resources that lead to economic development and community engagement. Libraries are resource hubs for community members that usually encourage the accessibility to public transportation, which foster smart growth principles. The use of the funds for support of each of the libraries support Smart Growth Action Plan number 4: To promote economic revitalization and urban infill communities.
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Packet Pg. 210 Attachment: County Board of Supervisors Approval Document - May 10, 2022 (Library Foundation Loan) BACKGROUND: (CONT'D)
The allocated funding will go towards additions and /or improvements to library services that further economic goals of the community including:
Fund-raising campaigns, grant-writing and capacity building work by each recipient organization to increase funding to address library needs and goals.
1. Purchase of equipment and supplies for use at the library, including but not limited to books, periodicals, subscriptions, computers, printers, various other computer peripherals, furniture, projectors, paper, and art supplies.
2. Initiation or augmention educational programs and events conducted at the library (or field trips conducted by the library), including but not limited to programs and events that teach reading, computer literacy, craftsmanship, S.T.E.A.M. (Science, Technology, Engineering, Arts, Mathematics) and various other subjects and life skills that prepare people of all ages for careers in the 21st century economy.
3. Expansions of the types of public services offered at the libraries, including but not limited programs to recruit and train volunteers that will further the mission of the library.
4. Transportation subsidies to bring children and others to the library who would otherwise struggle to make the trip.
5. 6. Promotion and marketing of the libraries and their services to the public.
7. Administration of the terms of the contracts.
ATTACHMENTS
LCT Project List
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Packet Pg. 211 Attachment: County Board of Supervisors Approval Document - May 10, 2022 (Library Foundation Loan)
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Packet Pg. 212 Attachment: Exhibit A - Loan Agreement and Promissory Note (Library Foundation Loan)
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Packet Pg. 213 Attachment: Exhibit A - Loan Agreement and Promissory Note (Library Foundation Loan)
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Packet Pg. 214 Attachment: Exhibit A - Loan Agreement and Promissory Note (Library Foundation Loan)
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Packet Pg. 215 Attachment: Exhibit A - Loan Agreement and Promissory Note (Library Foundation Loan)
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Packet Pg. 216 Attachment: Exhibit A - Loan Agreement and Promissory Note (Library Foundation Loan)
CITY COUNCIL STAFF REPORT
Meeting Date: November 21, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPT ORDINANCE NO. ___ AMENDING IN ITS ENTIRETY CHAPTER 14.05 (CALIFORNIA BUILDING CODE),
SECTIONS 14.05.010 THROUGH 14.05.040 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, AND 12,
WHICH CONSISTS OF THE CALIFORNIA ADMINISTRATIVE,
BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL,
PLUMBING; ENERGY, FIRE, GREEN BUILDING STANDARDS, AND
REFERENCED STANDARDS CODES; AND ADOPTING BY
REFERENCE THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE AND THE 2021 FIRE RESISTANCE DESIGN
MANUAL; AND ADOPT ORDINANCE NO. ___ AMENDING
CHAPTER 14.05 (CALIFORNIA BUILDING CODE), SECTION 14.05.080 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022
EDITION OF THE CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9 WITH LOCAL AMENDMENTS,
AND SET THE PUBLIC HEARING FOR BOTH CODES ON NOVEMBER
21, 2022
SYNOPSIS
The State of California adopts the California Building Codes (Building, Mechanical, Electrical, and Plumbing) as part of the California Building Standards every three years. The 2022 California Building Codes were published in July 2022 and will become effective January 1, 2023 on a statewide basis. The City of Pleasant Hill (City) also adopts related codes: International Property Maintenance Code and the Fire Resistance Design Manual. A city, county, or other enforcement agency may establish more restrictive building standards reasonably necessary because of local climatic, geological, or topographical conditions. On November 7, 2022, the City Council introduced the proposed ordinances, and in accordance with State law, set the public hearing and second reading of the ordinances for November 21, 2022.
DISCUSSION
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Background
Every three years, the codes for building construction are updated and adopted by the State to meet new technological changes and address new issues and needs. The Building Standards Commission is responsible for updating these complex building standards and has decided to adopt the International Building Code 2021 (IBC) as the State model. Each city and county is required to adopt the State codes, or they will take effect automatically on January 1, 2023. The City also adopts related codes: the International Property Maintenance Code and the Fire Resistance Design Manual.
The City of Pleasant Hill will be enforcing the following:
California Administrative Code, 2022 Edition (CBC) – Title 24, Part 1 California Building Code, 2022 Edition (CBC) – Title 24, Part 2,Volumes 1 and 2 California Residential Code, 2022 Edition (CBC) – Title 24, Part 2.5 which is based on the 2018 International Residential Code
California Electrical Code, 2022 Edition – Title 24, Part 3 which is based on the 2020 National Electrical Code
California Mechanical Code, 2022 Edition – Title 24, Part 4 which is based on the 2021 Uniform Mechanical Code
California Plumbing Code, 2022 Edition – Title 24, Part 5 which is based on the 2021 Uniform Plumbing Code
California EnergyCode, 2022 Edition – Title 24, Part 6 California Fire Code, 2022 Edition
– Title 24, Part 9 which is based on the 2021 International Fire Code California Green Building Standards Code, 2022 Edition – Title 24, Part 11 California Referenced standards Code, 2022 Edition, Title24, Part 12 and International Property Maintenance Code, 2021 Edition Fire Resistance Design Manual, (2021), published by the GypsumAssociation. The permit fees will be set by City Council Resolution on November 21, 2022.
The Contra Costa Fire Protection District has provided ordinance amendments to the 2022 Edition of the California Fire Code and a report detailing these changes is attached to this staff report. The City Council will need to introduce and adopt the District’s amendments as a separate ordinance.
State law requires that the City Council set a public hearing for consideration of these codes after introduction of the ordinance. The ordinance is introduced at the City Council meeting of November 7, 2022 at which time the public hearing is proposed to be scheduled for November 21, 2022 to accommodate the legally required public notice and public review periods.
It can be seen with certainty that there is no possibility that introduction and adoption of these updated codes will have a significant effect on the environment.
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FISCAL IMPACT
There is no fiscal impact in adopting these codes. The City’s annual updating of the master fee schedule will keep the fees consistent with the level of effort required to administer the updated codes, including City amendments.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, in the City Clerk’s office, at the Pleasant Hill Library, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page and are available in the City Clerk’s office. Notice of the Public Hearing was published in the East Bay Times on November 9, 2022, and on November 15, 2022.
RECOMMENDED CITY COUNCIL ACTION
Hold the public hearing and adopt the proposed ordinances.
ATTACHMENT(S):
Proposed Ordinance – California Building Code
Proposed Ordinance - California Fire Code
Report from Contra Costa County Fire Protection District Public Hearing Notice
Prepared by: Geoff Simmons, Chief Building Official
Approved by: June Catalano, City Manager
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ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING CHAPTER 14.05 (CALIFORNIA BUILDING CODE), SECTIONS 14.05.010 THROUGH 14.05.040 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, AND 12, WHICH
CONSISTS OF THE CALIFORNIA ADMINISTRATIVE, BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING; ENERGY, FIRE, GREEN BUILDING STANDARDS, AND REFERENCED STANDARDS CODES; AND ADOPTING BY REFERENCE THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2021 FIRE RESISTANCE DESIGN MANUAL
The City Council of the City of Pleasant Hill does ordain as follows:
Section 1. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.010 ("California Building Standards Code adoption by reference") is hereby amended to read as follows:
"14.05.010 California Building Standards Code adoption by reference.
A. The California Building Standards Code, 2022 Edition, California Code of Regulations, Title 24, published by the International Code Council, is adopted by reference, including all volumes listed below. These Codes are hereby adopted and incorporated as fully as if set out at length herein, save and except such portions as are deleted, modified, or amended in this Chapter 14.05.
Part 1: California Administrative Code
Part 2: California Building Code — Volumes 1 and 2, including Division II of Chapter 1.
Part 2.5: California Residential Code, including Division II of Chapter 1.
Part 3: California Electrical Code, including Article 89.
Part 4: California Mechanical Code, including Division II of Chapter 1.
Part 5: California Plumbing Code, including Division II of Chapter 1.
Part 6: California Energy Code.
Part 9: California Fire Code, including Division II of Chapter 1.
Part 10: California Existing Building Code
Part 11: California Green Building Standards Code.
Part 12: California Referenced Standards Code.
B. A copy of the California Building Standards Code is on file in the Building Division for use and examination by the public."
Section 2. Pleasant Hill Municipal Code; Chapter 14.05, Section 14.05.020 ("Other Codes adoption by reference") is hereby amended to read as follows:
"14.05.020 Other Codes adoption by reference. The following additional code, and manual are adopted by reference.
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Packet Pg. 220 Attachment: Proposed Building Code Ordinance (Building and Fire Code Introduction) A. 2021 International Property Maintenance Code
B. Fire Resistance Design Manual (2021), published by the Gypsum Association In the event of any conflict between these other codes and the California Building Standards Code, as adopted and amended by this Chapter 14.05, the California Building Standards Code, as amended, shall prevail."
Section 3. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.030 ("Permit fees") is hereby amended to read as follows:
"14.05.030 Permit fees. The permit fees are established by City Council resolution, as authorized by Chapter 1, section 109 of the California Building Code." Section 4. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.040 (“Amendments to the California Building Code”) is hereby deleted.
Section 5. The Chief Building Official is directed to file a copy of this ordinance with the California Building Standards Commission.
Section 6. This ordinance takes effect 30 days after adoption.
Section 7. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it or a summary of it to be posted in the three places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City or Pleasant Hill held on the 7
th day of November, 2022, and a public hearing was held on the __ day of __________, 2022.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of __________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
________________________________
DANIELLE K. NAVARRO, City Clerk
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Packet Pg. 221 Attachment: Proposed Building Code Ordinance (Building and Fire Code Introduction) ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING CHAPTER 14.05 (CALIFORNIA BUILDING CODE), SECTION 14.05.080 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9 WITH LOCAL AMENDMENTS WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of Pleasant Hill ("City") may adopt by reference the California Building Standards Code, 2022 Edition, as provided in Title 24 the California Code of Regulations, which consists in part of the 2022 California Fire Code (Part 9); and
WHEREAS, California Health and Safety Code Section 17958.7 and 18941.5 authorize cities to adopt the 2022 Edition of the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, on __________ __, 2022, the City adopted the California Building Standards Code with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions by approving the City's Ordinance No. ___; and
WHEREAS, on __________ __, 2022, the Contra Costa County Board of Supervisors adopted the Contra Costa County Fire Protection District's ("District") 2022 California Fire Code with amendments and the necessary climatic, geological, and topographic findings through Contra Costa County Ordinance No. 2022-__, attached as Exhibit A to this ordinance; and WHEREAS, the City receives fire protection services from the District; and WHEREAS, the City desires to amend its adoption of the California Building Standards Code in Pleasant Hill Municipal Code, Title 14, Chapter 14.05 (California Building Code), Section
14.05.080 to include the amendments to the 2022 California Fire Code as adopted by the District; and WHEREAS, the City held a public hearing on ____________ __, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on __________ __, 2022, and __________ __, 2022; and WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. ADOPTION OF THE CALIFORNIA FIRE CODE. The City of Pleasant Hill, California, hereby adopts the 2022 California Fire Code (California Code of Regulations, Title 24,
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Packet Pg. 222 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K, as amended by the changes, additions, and deletions set forth in this ordinance. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction.
Section 2. AMENDMENTS TO THE CALIFORNIA FIRE CODE. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.080 ("Amendments to the California Fire Code") is hereby amended to read as follows:
"Section 14.05.080
Amendments to the California Fire Code
The 2022 California Fire Code is amended by the changes, additions, and deletions set forth in this section. Chapter and section numbers used in this section are those of the 2022 California Fire Code.
Chapter 1. Scope and Administration.
Section 101.1 is amended to read:
101.1 Title. This code is the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, and is hereinafter referred to as "this code."
Section 102.1 is amended to add item 5, to read:
5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.
Section 105.5 is amended to read:
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.52.
Section 105.5.33 is amended to read:
105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public.
Section 105.5.40 is amended to read:
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Packet Pg. 223 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.
1. Cultivation
2. Plant Extraction Systems
3. Testing/Lab
4. Manufacturing
5. Distribution
6. Carbon Dioxide Systems or volatile solvent
Section 105.5 is amended to read:
105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3).
Section 105.5 is amended by adding subsections 105.5.55 through 105.5.63, to read:
105.5.55 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 3318.
105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is required for all automobile wrecking yards, automobile dismantling operations, and similar operations.
105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees.
105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code. 105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets (in excess of 3 launches per event) pursuant to California Code of Regulations, Title 19, Division 1, Article 17. Permits issued in accordance with this section are for the site, and are effective as long as site conditions have not changed. 105.5.60 Temporary Occupancy. A permit is required for any temporary occupancy. 105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1. 105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34.
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Packet Pg. 224 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.
Exception: Agricultural Greenhouses in an agricultural zone.
Section 105.6 is amended to read:
105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.30.
Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29, to read:
105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code. A permit is required to install a gate across a fire apparatus access road pursuant to Section 503. 105.6.26 Construction, alteration, or renovation of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, alteration, or renovation of a building within the jurisdiction where a building permit is required.
Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or expansion.
105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.
105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507. 105.6.29 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction.
Section 105.7 is added, to read:
105.7 Responsibility of permittee. Construction permits shall be presumed by the Fire District to incorporate all of the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.
10.3.b
Packet Pg. 225 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 112.4 is amended to read:
112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.
Chapter 2. Definitions.
Section 202 is amended by adding the following definitions to that section:
Administrator. Shall mean the Fire Chief
Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).
All-weather driving surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.
Automobile Dismantling or Wrecking Yard. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.
Wrecking Yard. An area that stores or dismantles salvaged vehicles.
Board of Directors. The Contra Costa County Board of Supervisors as the governing body of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District.
Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.
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Packet Pg. 226 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.
Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.
Driveway. A private roadway that provides access to no more than two (2) singlefamily dwellings.
Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.
Fire Code Official. The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code.
Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another.
Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires.
Must be able to support the safe travel of a Type 3 Fire Apparatus.
Fuel Break. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility, as an aid to fire control. Fuel breaks require annual and recurring maintenance.
Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.
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Packet Pg. 227 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire Department
Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.
Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.
Ornamental Landscaping. Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control.
The use of fire-resistant plants and the removal of fire hazardous vegetation will enhance fire safety.
Person. Includes any agency of the county, city, district or other local public agency and any individual, firm, association, partnership, business trust, corporations, limited liability company, or company.
Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.
Priority Hazard Zone. An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires.
Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.
Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction, which is or when dry may become a fire hazard. See combustible material.
Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.
Rural Residential Area. An area generally designated for single-family residential use with parcels between three (1.2140619ha) and 10 (4.046873ha) acres in size.
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Packet Pg. 228 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water-flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.
Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, paper street and, easements.
Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.
Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.
Temporary Fire Department Access Road for Construction. An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects.
Temporary Fire Department Access Road for Construction of One (1) Residential (R3) Unit. A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is required as part of the project.
Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction.
Tree Litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground.
Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:
1. Weeds that bear seeds of a fluffy nature or are subject to flight.
2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.
3. Weeds that are otherwise noxious or dangerous;
4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health.
5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.
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Packet Pg. 229 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Chapter 3. General Precautions Against Fire.
Section 304.3.5 is added, to read:
304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials.
Section 308.1.4, Exception 1 is amended to read:
Exception 1. Residential Occupancies.
Section 324 is added to Chapter 3, to read:
SECTION 324 Exterior Fire Hazard Control.
324.1 Subsurface Fires.
324.1.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire ora fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner’s own cost and expense. 324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.)
Section 325 is added to Chapter 3, to read:
SECTION 325 Automobile Wrecking Yards.
325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.
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Packet Pg. 230 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 325.2 Definitions. The following terms are defined in Chapter 2:
Automobile Dismantling
Automobile Wrecking Yard
325.3 Requirements.
325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53. 325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.
325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.
325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.
325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A:
40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.
325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official.
325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.
325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet. 325.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited.
325.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.
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Packet Pg. 231 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 325.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.
325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks. 325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.
325.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.
Chapter 4. Emergency Planning and Preparedness.
Section 401.5.1 is added, to read:
401.5.1 Nuisance Fire Alarm Fee. A fee may be charged for false and/or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.
Section 401.10 is added to read:
401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.
Section 403.11.1 is amended to read:
403.11.1 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2.
Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.
Chapter 5. Fire Service Features.
Section 503.1.4 is added, to read:
503.1.4 Access to Open Spaces. When existing access to open land or space, or to fire trail systems maintained for public or private use, is obstructed by new development of any
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Packet Pg. 232 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) kind, the developer shall provide an alternate means of access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access must be approved by the fire code official.
Section 503.1.5 is added to read:
503.1.5 Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.
Section 503.2.1 is amended by adding the following exception:
Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single-family dwellings.
Section 505.3 is added, to read:
505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.
Chapter 6. Building Services and Systems.
Section 605.3.1 is added, to read:
605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2.
Chapter 9. Fire Protection Systems.
Section 901.6.3 is amended to read:
901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be maintained in paper form or by a third party electronic record keeping service as chosen by the fire district.
Section 902.1 is amended to add:
Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.
Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.
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Packet Pg. 233 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 903.2.1.1 is amended to read:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for fire areas containing Group A-1 occupancies and intervening floors of the building where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
4. The fire area contains a multi-theater complex.
Section 903.2.1.3 is amended to read:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for fire areas containing Group A-3 occupancies and intervening floors of the building where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than four-hour fire resistance rating without openings.
Section 903.2.1.4 is amended to read:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for fire areas containing Group A-4 occupancies and intervening floors of the building where one of the following conditions exists:
1.The fire area exceeds 5,000 square feet
2.The fire area has an occupant load of 300 or more.
3.The fire area is located on a floor other than a level of exit discharge serving such occupancies.
Section 903.2.2 is amended in its entirety, to read:
903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.
903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:
1. Four or more care recipients are incapable of self-preservation.
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Packet Pg. 234 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)
2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility.
3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge.
Exception: Floors classified as an open parking garage are not required to be sprinklered.
Section 903.2.3 is amended to read:
903.2.3 Group E. An automatic sprinkler system shall be provided for new Group E occupancies as follows:
1. Throughout all Group E fire areas greater than 2,000 square feet in area.
Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet
2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.
Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.
3. The Group E fire area has an occupant load of 300 or more.
4. In rooms or areas with special hazards such as laboratories, vocational shops, and other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.
5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than four-hour fire resistance rating without openings.
6. For public school state-funded construction projects, see Section 903.2.19.
7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.
Section 903.2.4 is amended in its entirety, to read:
903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following ·conditions exists:
1. A Group F-1 fire area exceeds 5,000 square feet.
2. A Group F-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group F-1 occupancy used for the manufacture. of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).
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Packet Pg. 235 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 903.2.4.4 is added to read:
903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.
Section 903.2.7 is amended to read:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
1. A Group M fire area exceeds 5,000 square feet.
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet (464 m2).
5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating without openings.
Section 903.2.8 is amended to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.
Section 903.2.8.1.1 is added, to read:
903.2.8.1.1 Group R-3 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either of the following occurs:
1. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet.
2. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.
Section 903.2.9 is amended to read:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 5,000 square feet.
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Packet Pg. 236 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.
4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.
Section 903.2.9.1 is amended to read:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:
1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.
2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.
Section 903.2.10.1 is amended, to read:
903.2.10.1 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the California Building Code where any of the following conditions exists:
1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.
2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet. 903.2.10.2 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.
903.3.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.
Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2022 California Building Code and 2022 California Fire Code without local amendment.
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Packet Pg. 237 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 903.3.1.1.4 is added, to read:
903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet (4,256 mm), the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than 14 feet (4,256 mm), the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner and/or the occupant to upgrade the system.
Section 903.3.1.3 is amended to read:
903.3.1.3 Sprinkler Systems for One and Two family dwellings. Automatic sprinkler systems for one- and two- family dwellings shall be permitted to be installed in accordance with section 903.3.1.3.1.
Section 903.3.1.3.1 is added, to read
903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.
Section 903.3.5.3 is added, to read:
903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.
Section 903.3.9 is amended to read:
903.3.9. Floor control valves. Individual floor control valves and waterflow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location.
Exception: Group R-3 and R-3.1 Occupancies.
Section 903.4.2 is amended to read:
903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
Sections 903.6.1 and 903.6.2 are added, to read:
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Packet Pg. 238 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 3,600 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1. 903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).
Section 907.4.4 is added, to read:
907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.
Section 907.5.2.3.1 is amended to read:
907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:
1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms.
2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area.
3. Music practice rooms.
4. Band rooms.
5. Gymnasiums.
6. Multipurpose rooms.
7. Occupational shops.
8. Occupied rooms where ambient noise impairs hearing of the fire alarm.
9. Lobbies.
10. Meeting/Conference rooms.
11. Classrooms.
12. Medical exam rooms.
13. Open office areas.
14. Sales floor areas.
15. Break or lunch rooms
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Packet Pg. 239 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)
16. Copy or work rooms.
17. Computer server rooms exceeding 200 sq. ft.
18. File or Storage rooms exceeding 200 sq. ft.
Section 907.6.6 is amended to read:
907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code.
Exception: Monitoring by a UL-listed central station is not required for:
1. Single- and multiple-station smoke alarms required by Section 907.2.10.
2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.
3. Residential Day Care Facilities (occupancy load of 14 or less).
4. One- and two-family dwellings.
5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.
6. Occupancies with a local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.
Section 907.6.7 is added, to read:
907.6.7 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate.
Section 907.6.7.1 is added, to read:
907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.
Chapter 10. Means of Egress.
Section 1028.5.1 is added, to read:
1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather, and shall terminate at a public way as defined in the California Building Code.
Chapter 33. Fire Safety During Construction and Demolition.
Section 3301.1.2 is added, to read:
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Packet Pg. 240 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 3301.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.
Section 3303.1.3 is added to read:
3303.1.3 Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire official:
1. Controlled access points
2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top
3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols
4. Detection check points located throughout the buildings for fire watch and patrol verification
5. Security camera coverage throughout the site with motion detection notifications
6. Identify measures taken to prevent tampering with security cameras and motion sensors
7. Necessary lighting throughout the project site
Section 3319, Asbestos Removal, is added to read as follows:
Section 3319 Asbestos removal.
3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.
Exception: Section 3319 does not apply to the removal of asbestos from:
1. Pumps, valves, gaskets and similar equipment.
2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm).
3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).
4. Floor tiles when their removal can be completed in less than four hours.
5. Group R-3 occupancies.
3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance. 3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807.
10.3.b
Packet Pg. 241 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas, and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of 2 inches (51 mm) high.
Chapter 50. Hazardous Materials — General Provisions.
Section 5001.5.1 is amended to add item numbers 10 and 11 to read as follows:
10. Fire Department related safety equipment
A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire department connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room
11. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.
Section 5001.5.3 is added, to read:
5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location, as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.
Section 5003.9.1.2 is added, to read:
5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.
Chapter 56. Explosives and Fireworks.
Section 5601.1.3 is amended to read:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks are prohibited within the jurisdiction of the District.
10.3.b
Packet Pg. 242 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Exceptions:
1. Storage and handling of fireworks by a Public Safety Agency.
2. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience, pyrotechnic special effects in motion pictures, television, theatrical, or group entertainment productions as allowed by Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and the Health and Safety Code Division 11.
3. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.
Section 5601.2.2 is amended to read:
5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction.
Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.
Section 5601.2.4 is amended as follows:
5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.
Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608.
Chapter 57. Flammable and Combustible Liquids.
Section 5703.3.1 is added to read:
5703.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment.
A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.
Section 5704.2.9.6.1 is amended to read:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.
Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or
10.3.b
Packet Pg. 243 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class of liquids.
Section 5706.2.4.4 is amended to read:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural use.
Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class liquids.
Chapter 58. Flammable Gases and Flammable Cryogenic Fluids.
Section 5806.2 is amended to read:
5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.
Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.
Chapter 61. Liquefied Petroleum Gases.
Section 6103.2.1.7 is amended to read:
6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.
Section 6104.2 is amended to read:
6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).
Chapter 80. Referenced Standards.
Chapter 80 is amended by adding the following referenced standards:
10.3.b
Packet Pg. 244 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems
NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows:
Section 7.7.1 is added, to read:
7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.
Section 8.3.5.1.2 is amended to read:
8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.
Appendix B. Fire-Flow Requirements for Buildings.
Table B105.2 is amended to read:
TABLE B105.2
Required Fire-Flow for Buildings Other Than One- and
Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses
AUTOMATIC SPRINKLER
SYSTEM (DESIGN
STANDARD)
MINIMUM FIRE-FLOW
(GALLONS PER
MINUTE)
FLOW DURATION
(HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2)
at the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2)
at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.
10.3.b
Packet Pg. 245 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Appendix C. Fire Hydrant Locations and Distribution.
Table C102.1 is amended as follows:
The title of Table C102.1 is amended to read:
TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote h and j)
The heading of the fourth column of Table C102.1 is amended to read:
MAXIMUM DISTANCE FROM ANY POINT ON STREET OR
ROAD FRONTAGE TO A HYDRANT (d, f, g, i)
Footnotes "i" and "j" are added to Table C102.1, to read:
i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.
Appendix D. Fire Apparatus Access Roads.
Section D102.1 is amended to read:
D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds (34,473 kg) in accordance with CalTrans Design Standard HS-20-44.
Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.
Section D103.1 is deleted.
Section D103.2 is amended to read:
D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19,958 kg) traction load. The grooves in the concrete surface shall be 1/2 inch (13 mm) wide by 1/2 inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed
10.3.b
Packet Pg. 246 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.
Section D103.2.1 is added, to read:
D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.
Section D103.3 is amended to read:
D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7,620 mm) inside and 45 feet (13,716 mm) outside.
Figure D103.1 is amended to read:
Figure D103.1
Dead-end Fire Apparatus Access Road Turnaround
Table D103.4 is amended to read:
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Packet Pg. 247 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Table D103.4
REQUIREMENTS FOR DEAD-END FIRE
APPARATUS ACCESS ROADS
LENGTH
(feet)
MINIMUM
WIDTH
(feet)
TURNAROUNDS REQUIRED
0 - 150 20a None required
151 — 750 20a 100-foot Hammerhead, 50-foot "Y," 75-foot Shunt or 90- foot-diameter cul-de-sac in accordance with figure D103.1 Over 750 Special approval requiredb
a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.
b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8- foot-wide turnout that extends at least 40 feet in length.
Section D103.5 is amended as follows:
Criteria 1 of Section D103.5 is amended to read:
1. The minimum clear width shall be 20 feet (6096mm).
Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.
Criteria 9 is added to Section D103.5, to read:
9. All gates shall be installed and located a minimum of 30 feet off the street.
Section D103.6.1 is amended to read:
D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.
Section D103.6.2 is amended to read:
D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.
10.3.b
Packet Pg. 248 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section D106.1 is amended by deleting the exception and to read:
D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.
Section D106.2 is deleted in its entirety."
Section 3. Pursuant to California Health and Safety Code Section 17958.5 and 17958.7, the City Council finds that the changes, modifications and amendments set forth in Section 2 of this ordinance are needed and reasonably necessary because of certain local climatic, geological, and topographic conditions as set forth in the Board of Directors of the Contra Costa County Fire Protection District Findings supporting Contra Costa County Ordinance 2022-__, attached as Exhibit A to this ordinance, incorporated herein by this reference.
Section 4. The Chief Building Official is directed to file a copy of this ordinance with the California Building Standards Commission.
Section 5. This ordinance shall be effective 30 days after its adoption.
Section 6. Within fifteen days after the passage of this ordinance, the City Clerk shall cause a summary of it to be posted in the three places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 7
th day of November, 2022, and a public hearing was held on the __ day of __________, 2022.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of __________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
________________________________
DANIELLE K. NAVARRO, City Clerk
10.3.b
Packet Pg. 249 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Exhibit “A”
CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,
AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE
The California Building Standards Commission has adopted and published the 2022 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.
Health and Safety Code section 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions.
Ordinance No. 2022-34 adopts the 2022 California Fire Code and amends it to address local conditions. Pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2022-34 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.
Local Conditions
A. Climatic
1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year.
Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
(b) Impact
10.3.b
Packet Pg. 250 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.
Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.
2. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.
Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely.
Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day.
High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.
3. Winds
(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
(b) Impact
Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond
10.3.b
Packet Pg. 251 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.
Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.
B. Geological and Topographic
1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults.
A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake.
Minor tremblers from seismic activity are not uncommon in the area.
The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the City of San Pablo and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley,
10.3.b
Packet Pg. 252 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) and Alamo; and the East, which includes the Cities of Antioch and Pittsburg and the community of Bay Point.
Because of the size of the Contra Costa County Fire Protection District (304 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.
Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District.
There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.
Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District. The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings.
(b) Impact
A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.
2. Soils
(a) Conditions
The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.
Throughout the Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many
10.3.b
Packet Pg. 253 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable.
3. Topographic
(a) Conditions
(i) Vegetation
The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain. Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District.
Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development.
(ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on fire suppression efforts.
When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts unsuccessful.
10.3.b
Packet Pg. 254 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) (b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.
Other variables may intensify the situation:
1. The extent of damage to the water system.
2. The extents of isolation due to bridge and/or freeway overpass collapse.
3. The extent of roadway damage and/or amount of debris blocking the roadways.
4. Climatic conditions (hot, dry weather with high winds).
5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.
6. The availability of timely mutual aid or military assistance.
7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations.
Necessity for More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2022-34.
The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends Chapter 2 (Definitions) to provide clarity on wildland firefighting and preparedness terminology. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection and Life Safety Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The definition of Substantial Addition and Alteration is also changed to align with the other fire districts for consistency on the interpretation. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads. The ordinance amends Chapter 33 (Fire Safety During Construction and Demolition) to define the additional site security requirements that could be required if deemed necessary by the building official and fire official
10.3.b
Packet Pg. 255 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) from arson fires or hazards occurring within the jurisdiction. The ordinance also amends Chapter 50 (Hazardous Materials) and Chapter 57 (Flammable and Combustible Liquids) provides the ability to the fire official to require a risk assessment stamped by a fire protection engineer, if the facility manager is unable to provide accurate risk assessment of the facility to include all hazardous materials stored onsite.
10.3.b
Packet Pg. 256 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)
14.05.080 Amendments to the California Fire Code
Municipal Code CFC Section Substance of Amendment Findings Section Added or
Amended
(full text in Ordinance No. ____)
14.05.080 101.1 Title Admin
102.1 Add Item 5 Admin
105.5 Required operational permits Admin
105.5.33 Motor fuel dispensing facilities,
operational permit required
Admin
105.5.40 Cannabis/Plant Extraction Related
System(s)/Operations
Admin
105.5.52 Wood products Admin
105.5.55–
105.5.63
Additional permit requirements for
miscellaneous operations
Admin
105.6 Required construction permits Admin
105.6 Add sections 105.6.25 through 105.6.29
related to miscellaneous plans, permits
Admin
105.7 Responsibility of permittee Admin
112.4 Violation penalties Admin
202 Definitions Admin
10.3.b
Packet Pg. 257 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 304.3.5 Clothes dryers 1a, 1b, 2a,
3a, 3b
308.1.4 Exception 1 added for residential
occupancies
1a, 1b, 2a,
3a, 3b
324 Add Section 324, “Exterior Fire Hazard
Control”
1a, 1b, 2a,
3a, 3b
325 Add Section 325, “Automobile
Wrecking Yards”
1a, 1b, 2a,
3a, 3b
401.5.1 Nuisance Fire Alarm Fee Admin
401.10 Aerial Pre-Plans Admin
403.11.1 Standby personnel Admin, 1a,
1b, 2a, 3a,
3b
503.1.4 Access to Open Spaces 1a, 1b, 2a,
3a, 3b
503.1.5 Existing Fire Trail Systems shall be
Maintained
Admin, 1a,
1b, 2a, 3a,
3b
503.2.1 Exception added re driveway minimum
width for single family dwellings
1a, 1b, 2a,
3a, 3b
505.3 Street names and addressing Admin
605.3.1 Spark Arrestors 1a, 1b, 2a,
3a, 3b
901.6.3 Records Admin
902 Add “Substantial Addition” and
“Substantial Alteration”
Admin
10.3.b
Packet Pg. 258 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 903.2.1.1 Group A-1 1a, 1b, 2a,
3a, 3b
903.2.1.3 Group A-3 1a, 1b, 2a,
3a, 3b
903.2.1.4 Group A-4 1a, 1b, 2a,
3a, 3b
903.2.2 Group B 1a, 1b, 2a,
3a, 3b
903.2.3 Group E 1a, 1b, 2a,
3a, 3b
903.2.4 Group F-1 1a, 1b, 2a,
3a, 3b
903.2.4.4 Group F-2 1a, 1b, 2a,
3a, 3b
903.2.7 Group M 1a, 1b, 2a,
3a, 3b
903.2.8 Group R 1a, 1b, 2a,
3a, 3b
903.2.8.1.1 Group R-3 Substantial Addition or
Expansion
1a, 1b, 2a,
3a, 3b
903.2.9 Group S-1 1a, 1b, 2a,
3a, 3b
903.2.9.1 Repair garages 1a, 1b, 2a,
3a, 3b
903.2.10 Group S-2 1a, 1b, 2a,
3a, 3b
903.3.1.1.4 Undeclared use 1a, 1b, 2a,
3a, 3b
10.3.b
Packet Pg. 259 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 903.3.1.3 Sprinkler systems for one and two
family dwellings
1a, 1b, 2a,
3a, 3b
903.3.1.3.1 Pipe limitations 1a, 1b, 2a,
3a, 3b
903.3.5.3 Non-permissible water supply storage 1a, 1b, 2a, 3a, 3b
903.3.9 Floor control valves 1a, 1b, 2a,
3a, 3b
903.4.2 Alarms 1a, 1b, 2a,
3a, 3b
903.6.1–903.6.2 Substantial Addition or Expansion;
Change of Occupancy Classification
1a, 1b, 2a,
3a, 3b
907.4.4 Monitoring of Other Fire Systems 1a, 1b, 2a,
3a, 3b
907.5.2.3.1 Public and common areas 1a, 1b, 2a,
3a, 3b
907.6.6 Monitoring of Fire Alarm Systems 1a, 1b, 2a,
3a, 3b
907.6.7 Certification Admin
907.6.7.1 Posting of Certificate Admin
1028.5.1 Exit Discharge Surface 1a, 1b, 2a,
3a, 3b
3301.1.2 Amendments Admin
3301.1.3 Site Security Requirements Admin
10.3.b
Packet Pg. 260 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 3319 Asbestos removal Admin, 1a,
1b, 2a, 3a,
3b
5001.5.1, Items 10
and 11
Add items 10 and 11 Admin, 1a,
1b, 2a, 3a,
3b
5001.5.3 Emergency response support
information
Admin
5003.9.1.2 Documentation Admin
5601.1.3 Fireworks 1a, 1b, 2a,
3a, 3b
5601.2.2 Sale and retail display 1a, 1b, 2a,
3a, 3b
5601.2.4 Financial responsibility Admin
5703.3.1 Facility site Fire/Explosion/Hazardous
Material Release Analysis Assessment
Admin, 1a,
1b, 2a, 3a, 3b
5704.2.9.6.1 Locations where above-ground tanks
are prohibited
1a, 1b, 2a,
3a, 3b
5706.2.4.4 Locations where above-ground tanks
are prohibited
1a, 1b, 2a,
3a, 3b
5806.2 Limitation 1a, 1b, 2a,
3a, 3b
6103.2.1.7 Use for food preparation 1a, 1b, 2a,
3a, 3b
6104.2 Maximum capacity within established
limits
1a, 1b, 2a,
3a, 3b
Chapter 80
NFPA 13D, §§
7.7.1, 8.3.5.1.2
NFPA 13D (2022) new section 7.7.1
regarding CPVC pipe installation in
unconditioned space, fuel-fired
equipment below or on same level as
dwelling unit
1a, 1b, 2a,
3a, 3b
10.3.b
Packet Pg. 261 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Table B105.2 TABLE B105.2 Required Fire-Flow for
Buildings Other Than One- and TwoFamily Dwellings, Group R-3 and R-4 Buildings and Townhouses
1a, 1b, 2a,
3a, 3b
B105.2 Amend Exceptions 1 and 2 of Section
B105.2
1a, 1b, 2a,
3a, 3b
Table C102.1 Amend title, heading of fourth column
of Table C102.1
Admin, 1a,
1b, 2a, 3a,
3b
D102.1 Access and loading 1a, 1b, 2a,
3a, 3b
103.2 Grade 1a, 1b, 2a,
3a, 3b
103.2.1 Angles of approach and departure 1a, 1b, 2a,
3a, 3b
103.3 Turning radius 1a, 1b, 2a,
3a, 3b
Table D103.4 Table 103.4 Requirements for DeadEnd Fire Apparatus Access Roads1a, 1b, 2a, 3a, 3b
10.3.b
Packet Pg. 262 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT .
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180 Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org 000.
TO: Geoff Simmons
FROM: Chris Bachman
DATE: 11/03/22
RE: Fire Code Ordinance Update
The attached ordinance amends the 2022 California Fire Code, the following chapters have additional changes from the current 2019 Fire Code Ordinance 2019-37:
Chapter 2 (Definitions) has additional amendments to provide clarity on wildland firefighting and preparedness terminology.
Chapter 4 (Emergency Planning and Preparedness) is amended to now add Aerial PrePlans for new construction projects if required by the fire official.
Chapter 9 (Fire Protection and Life Safety Systems) is amended to (1) change the definition of Substantial Addition and Alteration to align with the other fire districts for consistency on the interpretation; and (2) to establish automatic sprinkler system requirements that are more restrictive than the sprinkler requirements in the statewide code.
Chapter 33 (Fire Safety During Construction and Demolition) is amended to define the additional site security requirements that could be required if deemed necessary by the building official and fire official from arson fires or hazards occurring within the jurisdiction.
Chapter 50 (Hazardous Materials) and Chapter 57 (Flammable and Combustible Liquids) are amended to provide the fire official with the ability to require a risk assessment stamped by a fire protection engineer if the facility manager is unable to provide accurate risk assessment of the facility to include all hazardous materials stored onsite.
Previously, the fire districts’ existing weed abatement program was incorporated into Section 321 of the ordinance. This program authorizes the fire districts to declare certain weeds that pose a fire hazard as a public nuisance, to abate those weeds, and to recover abatement costs from property owners. Presently, a stand-alone ordinance is being drafted to address the fire districts’ weed abatement program. This ordinance will be brought to the Fire Board of Directors for adoption in early 2023.
Additional redline changes were administrative from code sections changing or spelling errors.
10.3.c
Packet Pg. 263 Attachment: CCC Fire Protection District Report (Building and Fire Code Introduction)
CITY OF PLEASANT HILL
NOTICE OF
PUBLIC HEARING
PROPOSED AMENDMENT TO CHAPTER 14.05 OF THE PLEASANT HILL MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS AND ADOPTING BY REFERENCE THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2021 FIRE RESISTANCE DESIGN MANUAL
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council, will hold a public hearing to adopt by reference the 2022 Edition of the California Building Standards Code, California Code of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, and 12, which consists of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building Standards, and Referenced Standards Codes with local amendments; and also adopting by reference the 2021 International Property Maintenance Code, and the 2021 Fire Resistance Design Manual.
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, the lead agency has determined that the proposed activity is exempt from environmental review. The City as the lead agency has determined with certainty that the proposed adoption will not have a significant effect on the environment.
The City Council will hold a public hearing starting at 7:00 p.m. on Monday, November 21, 2022, in the City Council chambers, 100 Gregory Lane, Pleasant Hill. Interested persons will be heard at that time.
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(B) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.
Copies of the primary and secondary codes being considered for adoption are on file with the City Clerk and are open to public inspection.
For information on this matter, please call or email Geoff Simmons, Chief Building Official at (925) 671-5214 or [email protected]
10.3.d
Packet Pg. 264 Attachment: Public_Hearing_Notice 2022 (Building and Fire Code Introduction)