Pleasant Hill City Council
July 17, 2023

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
JULY 17, 2023
REGULAR MEETING – 7:00 PM
The meeting will be held in person at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523,
Courtyard by Marriott Dallas-Allen, 210 E. Stacy Road, Allen, TX 75002 and remotely via Zoom in accordance with the Ralph M. Brown Act 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: 883 1013 2559
Passcode: 949457
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 July 17, 2023
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267

MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

VICE MAYOR MATTHEW RINN COUNCILMEMBER ZAC SHESS

COUNCILMEMBER ALLEN VINSON
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 July 17, 2023
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. 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 not be seen or heard until it is your turn to speak. You will be invited into the meeting and asked to speak when it is your turn.
b. Via Phone
Call (669) 900-6833 and enter the Zoom Meeting ID and Passcode. Press *9 to “raise your hand” to alert staff that you wish to speak.
c. In Person
Members of the public may attend the meeting in person and 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 Recorder.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please refer to the Providing Accessible Communication to the Public Under the Americans with Disabilities Act and AB 2449 document online at www.pleasanthillca.org/accessiblecommunications and contact the ADA Coordinator 48 hours in advance of the meeting at (925) 671-5267 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 925-671-5267.

City Council Meeting Recordings and Broadcasts.

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

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

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. CLOSED SESSION REPORT
City Council Meeting Agenda Page 3 July 17, 2023

5. PRESENTATIONS

5.1 Introduction of Planning Commissioner Darien Key and Reappointed Commissioner Diana Vavrek

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 (A) Contra Costa Mayors Conference Hosted by the Town of Moraga on July 6, 2023 (B) Other Meetings 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 June 26, 2023 and the Special City Council Meeting of July 10, 2023

9.2 Approve Checks Dated: June 23, 2023; June 30, 2023 and July 7, 2023.

9.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC

9.4 Adopt Resolution No. ___-23 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding Between the City of Pleasant Hill and the Pleasant Hill Police Association

9.5 Approve Appointment Recommendation to the Diversity Commission

9.6 Adopt Resolution No. ___-23 Approving and Adopting Designated Alternates to Serve as Standby Officers to Allow the City Council to Reconstitute Itself in the Event of EmergencyCaused Vacancies and Rescinding Resolution No. 11-23

9.7 Adopt Resolution No. ___ - 23 to Support Local, State and Federal Efforts to Exonerate the Port Chicago 50

10. ACTION CALENDAR

10.1 Public Hearing and if no Majority Protest is Filed Adopt Resolution No.__ -23 Approving Increases to Water Service Charges for the Diablo Vista Water System City Council Meeting Agenda Page 4 July 17, 2023

10.2 Adopt Resolution No. ___-23 Authorizing the City Manager to Execute a Sixth Amendment to the Agreement for Professional Services with Contra Costa Health Services, Health, Housing and Homeless Services Division to Provide Homeless Outreach Services Through the County's Coordinated Outreach, Referral, and Engagement (CORE) Program

10.3 Adopt Resolution No. ___ -23 Approving the Execution of a Contract with American Guard Services for the Provision of Crossing Guard Services for the 2023-2024 School Year

10.4 Adopt Resolution No.___ - 23 Accepting Bid and Awarding a Construction Contract to Franco Engineering, Inc. for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 The Zoning Administrator has determined that the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15301 as a Class 1 categorical exemption (operation, repair, maintenance, or minor alteration of existing public facilities involving negligible or no expansion of use occurring within the City public right-of-way) in compliance with the Complete Streets Act of 2008.

Notice of Exemption was filed with the County Clerk of Contra Costa County on February 3, 2023.

10.5 Adopt Ordinance No. ___ Entitled: An Ordinance of the City Council of the City of Pleasant Hill, California Adding Section 2.55.160 (Article IV) to Chapter 2.55 of Title 2 of the Pleasant Hill Municipal Code Establishing By-district Elections, Defining District Boundaries, and Scheduling Elections Within the Districts
The California Environmental Quality Act (“CEQA”) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA (Section 21605) and CEQA Guidelines §§ 15060(c)(3) and 15378. Conducting public hearings for public input regarding transitioning to by-district elections and discussing a schedule for future hearings meets the above criteria and is not subject to CEQA.

11. ADJOURNMENT
Next City Council Meeting: August 7, 2023

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JUNE 26, 2023 AND THE SPECIAL CITY COUNCIL MEETING OF JULY 10, 2023

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

June 26, 2023 – Tentative Minutes
July 10, 2023 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
June 26, 2023
City Council Meeting Minutes Page 1 June26, 2023
Mayor Flaherty called a Regular Meeting of the City Council to order at 7:00 PM, in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, 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 June 23, 2023, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Attendee Name Title Status
Timothy M. Flaherty Mayor Present
Matthew Rinn Vice Mayor Present
Sue Noack Councilmember Present
Allen Vinson Councilmember Present
Zac Shess Councilmember Present

4. CLOSED SESSION REPORT
Janet Coleson, City Attorney, stated that the City Council gave direction to staff at the closed session held on June 22, 2023.

5. PRESENTATIONS

5.1 Acknowledgement of Noah Collins-Hoyt as Honorary Mayor for a Day Mayor Flaherty introduced Noah Collins-Hoyt as the Honorary Mayor for a Day. Honorary Mayor Collins-Hoyt assisted Mayor Flaherty at the City Council Meeting.

5.2 Introduction of Civic Action Commissioners David Chung, Hunter Roberts and Reappointed Commissioner Anthony Garcia
Mayor Flaherty introduced David Chung and Hunter Roberts, the new Civic Action Commissioners. Mayor Flaherty introduced Anthony Garcia, the reappointed Civic Action Commissioner.

6. CITY MANAGER COMMENTS
Ethan Bindernagel, Acting City Manager, reported that:
 The Juneteenth celebration sponsored by the Diversity Commission had approximately 250 attendees;
 The Civic Action Commission is seeking new projects for Community Service Day;

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Attachment: June 26 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 June 26, 2023
 The Pleasant Hill Library will be celebrating its first anniversary on Saturday, July 29, 2023;
 National Night Out will be held on August 1, 2023; and  Light Up the Night will be held on December 2, 2023.

7. COUNCIL ANNOUNCEMENTS AND REPORTS

7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
None

7.2 Announcements from Councilmembers
Councilmember Noack reported her attendance at the Juneteenth celebration; Summer Concert by the Lake; and the East Bay Leadership Council reception honoring her appointment to the Metropolitan Transportation Commission (MTC).

Councilmember Vinson reported his attendance at the Juneteenth celebration and the Summer Concert by the Lake.

Councilmember Shess reported his attendance at the Juneteenth celebration; Summer Concert by the Lake; and the East Bay Leadership Council reception honoring Councilmember Noack.

Vice Mayor Rinn reported his attendance at the Juneteenth celebration. Vice Mayor Rinn congratulated Councilmember Noack on her appointment to the MTC.

Mayor Flaherty reported his attendance at the Juneteenth celebration; Summer Concert by the Lake; and the East Bay Leadership Council reception honoring Councilmember Noack.

8. PUBLIC COMMENT
Mayor Flaherty opened public comment.

The following member of the public appeared in person to provide a comment:
 Matt Kennedy
 Patrick Remer (regarding Consent Calendar item 9.7)
Mayor Flaherty closed public comment.

9. CONSENT CALENDAR
Motion (Noack/Shess) to Approve all consent items, except for item 9.6, which was pulled for further discussion, carried as follows:

AYES: Noack, Rinn, Shess, Vinson, Flaherty

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Attachment: June 26 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 June 26, 2023

9.1 Approve Minutes for the Regular City Council Meeting of June 5, 2023

9.2 Approve Checks Dated: June 2, 2023; June 9, 2023 and June 16, 2023

9.3 Approve Appointment Recommendations to the Education Commission, Planning Commission and Contra Costa Transportation Authority Advisory Committee

9.4 Adopt Resolution No. 47-23 Authorizing the City Manager to Execute a ThreeYear Agreement for Independent Auditing Services with Macias, Gini & O'Connell, LLP

9.5 Adopt Resolution No. 48-23 Establishing the Proposition 4 Appropriations Limit Pursuant to Article XIIIB of the California Constitution for the Fiscal Year 2023/2024

9.7 Adopt Resolution No. 50-23 Authorizing the City Manager to Increase the Budgeted Amount of Additional Monday Hours at the City Library from $215,000 per Year to $220,153 using the American Rescue Plan Act of 2021 (ARPA) Funds and Execute Sublease Supplement No. 2 for FY 2023/2024

9.6 Adopt Resolution No.49-23 Rejecting All Bids for the Contra Costa Boulevard Improvement Project (Viking Drive to Harriet Drive), Project No. 02-23; and Directing Staff to Modify the Bid Documents and Re-Bid the Project Item Pulled from Consent
Councilmember Noack requested an update on item 9.6.

Ananthan Kanagasundaram, City Engineer, delivered a staff report on the bid process for the Contra Costa Boulevard Improvement Project (Viking Drive to Harriet Drive), Project No. 02-

23. Motion (Noack/Vinson) to Approve item 9.6, carried as follows:

AYES: Noack, Rinn, Shess, Vinson, Flaherty

10. ACTION CALENDAR

10.1 Adopt Resolution No. 51-23 Appointing Ethan Bindernagel as City Manager, Approving an Employment Agreement for City Manager Services with Ethan Bindernagel, and Authorizing the Mayor to Execute the Employment Agreement for City Manager Services
Ericka Mitchell, Human Resources & Risk Manager, delivered a presentation on the executive search and hiring process for a new City Manager. Ms. Mitchell summarized the Employment Agreement and Mr. Bindernagel’s professional experience.

No one from the public spoke on the item.

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Attachment: June 26 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 4 June 26, 2023
Motion (Noack/Vinson) to Approve item 10.1, carried as follows:

AYES: Noack, Rinn, Shess, Vinson, Flaherty

10.2 Adopt Resolution No. 52-23 Approving Adjustments to the General Fund Budget for Fiscal Year 2023/2024
Erick Cheung, Finance Manager, delivered the presentation for item 10.2. Mr. Cheung summarized the proposed revisions to the fiscal year 2023/2024 General Fund budget.

No one from the public spoke on the item.

Motion (Noack/Rinn) to Approve item 10.2, carried as follows:

AYES: Noack, Rinn, Shess, Vinson, Flaherty

10.3 Adopt Resolution No. 53-23 Approving the Changes to the Fiscal Year 2023/2024 Master Fee Schedule
Ross Yangwas, Accountant, delivered the presentation for item 10.3. Mr. Yangwas summarized the proposed changes to the fiscal year 2023/2024 Master Fee Schedule to become effective on September 1, 2023.

No one from the public spoke on the item.

Motion (Flaherty/Noack) to Approve item 10.3, carried as follows:

AYES: Noack, Rinn, Shess, Vinson, Flaherty

10.4 Public Hearing and Introduce Ordinance No. ___ Adopting District-based Elections for Members of the City Council, Pursuant to the California Voting Rights Act Janet Coleson, City Attorney, introduced the item, a public hearing to receive input from the community concerning transitioning to by-district elections. Ms. Coleson said that all required meetings have been held, and explained the steps regarding introduction and adoption of an ordinance. Ms. Coleson summarized the discussion from the last public meeting regarding Map 5 and explained the timeframe for potential election options that would allow Pleasant Hill voters to approve their preferred by-district map.

The following member of the public provided a written comment:
 Daniel Safran
 Concepcion James, Chair – United Latino Voices of Contra Costa  Lindsey Dohlman
 Melanie Sakoda
 Terry Dunn
 Daniel Rodriguez
 Robert Kattenburg

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Attachment: June 26 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 5 June 26, 2023
 Peggy Magilen
The following members of the public appeared in person to provide a comment:
 Yehudit Lieberman
 Bob Kattenburg
 Susan Hedpeth
 Marian Shostrom
 Kenji Yamada
 Amanda Szakats
 Karen Yapp
 Matt Kennedy
 Ady Olvera
 Valerie Sloven
 Amy Brownell
 Richard Offerman
 Jack Prosek (spoke after the teleconferenced participants) The following members of the public participated via teleconference to make a comment:
 Kathy Gallagher
 Marshall Lewis
 Zhanna Thompson
 Eric Tubbs
 Sietse Gofford
Jim Priest, Best Best & Krieger, was present via teleconference to answer questions asked by Councilmembers.

Mayor Flaherty closed the public hearing.

Mayor Flaherty called for a recess at 9:00 p.m.

Mayor Flaherty reconvened the meeting at 9:11 p.m.

The City Council directed staff to draft an ordinance adopting Map 5 and to delete the option of a four district map with a directly elected Mayor if passed by the voters. The City Council also called for a Special City Council meeting to be held on July 10, 2023.

11. ADJOURNMENT
Mayor Flaherty adjourned the meeting at 9:34 p.m. The next Special City Council meeting will be held on Monday, July 10, 2023, beginning at 7:00 p.m.

CAROL W. WU, CITY CLERK RECORDER

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Attachment: June 26 2023 Tentative Minutes (Minutes)

MINUTES OF THE
SPECIAL MEETING – CITY COUNCIL
July 10, 2023
City Council Special Meeting Minutes Page 1 July 10, 2023 Mayor Flaherty called a Special Meeting of the City Council to order at 7:00 PM, in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, 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 July 6, 2023, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Attendee Name Title Status
Timothy M. Flaherty Mayor Present
Matthew Rinn Vice Mayor Present
Sue Noack Councilmember Present
Allen Vinson Councilmember Present
Zac Shess Councilmember Present

4. PUBLIC COMMENT
Mayor Flaherty opened public comment.

There was no public comment.

Mayor Flaherty closed public comment.

5. ACTION CALENDAR

5.1 Introduce Ordinance No. ___ Entitled: An Ordinance of the City Council of the City of Pleasant Hill, California Adding Section 2.55.160 (Article Iv) to Chapter 2.55 of Title 2 of the Pleasant Hill Municipal Code Establishing Bydistrict Elections, Defining District Boundaries, and Scheduling Elections Within the Districts
Janet Coleson, City Attorney, introduced the ordinance transitioning the City from an at-large to by-district elections and selecting “Map 5” as the applicable district map and election sequencing which would be effective for the November 5, 2024 General Municipal Election and beyond.

No one from the public spoke on the item.

Jim Priest, Best Best & Krieger, was present via teleconference to answer questions asked by Councilmembers.

Mayor Flaherty called for a recess at 7:27 p.m.

Mayor Flaherty reconvened the meeting at 7:35 p.m.

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Attachment: July 10 2023 Tentative Minutes (Minutes)
City Council Special Meeting Minutes Page 2 July 10, 2023 Councilmembers requested amendments to re-number the districts in a clockwise direction and to specify district elections for 2024 and 2026.

Motion (Rinn/Noack) to Approve item 5.1, as amended, carried as follows:

AYES: Noack, Rinn, Shess, Vinson, Flaherty

4. ADJOURNMENT
Mayor Flaherty adjourned the meeting at 7:58 p.m. The next Regular City Council meeting will be held on Monday, July 17, 2023, beginning at 7:00 p.m.

CAROL W. WU, CITY CLERK RECORDER

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Attachment: July 10 2023 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: JUNE 23, 2023; JUNE 30, 2023 AND JULY 7, 2023.

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Pam Chamberlin, Accounting Technician I
Approved by: Erick Cheung, Finance Manager

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CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPT UPDATE ON CONTRA COSTA TRANSPORTATION

AUTHORITY AND TRANSPAC

SYNOPSIS
TRANSPAC meets to provide direction to its staff and make recommendations to the Contra Costa Transportation Authority (CCTA) on significant transportation and land use issues. The attachments to this report include the CCTA Executive summary and Board meeting minutes for April 19, 2023 and May 17, 2023 and the TRANSPAC Committee meeting summary minutes for April 13, 2023 and May 11, 2023.

DISCUSSION
Background
TRANSPAC was formed in 1986 to provide the cities of Central Contra Costa County a forum to discuss mutual planning and transportation issues. When Measure C, a countywide transportation proposition, was adopted in 1988, TRANSPAC became the official regional transportation, land use, and housing forum for Central Contra Costa County. The member agencies include Contra Costa County, Clayton, Concord, Martinez, Walnut Creek, and Pleasant Hill.

TRANSPAC meets to discuss transportation-related issues. A Councilmember and a Planning Commissioner represent each jurisdiction. The Chair to the CCTA then submits the actions.

Analysis
An Executive Summary of the actions taken on April 19, 2023 and May 17, 2023 at the CCTA Board meetings is included along with the meeting minutes. The actions taken at the TRANSPAC Committee meetings on April 13, 2023 and May 11, 2023 are included in the attached minutes.

At the May 17, 2023 CCTA Board meeting, the City of Pleasant Hill Measure J Growth Management Program (GMP) Compliance Checklist for Calendar Years 2020 and 2021 was approved. The Authority Board approved payment of $771,491 in FY 2021-2022 Local Street Maintenance and Improvement funds to the City of Pleasant Hill, with a second (off-year) payment of FY 2022-2023 funds on the one-year anniversary of the first payment.

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FISCAL IMPACT
None

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

RECOMMENDED CITY COUNCIL ACTION
Accept the report.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may want to discuss one or more of the actions taken during the last meeting.

Should the City Council require detailed information pertaining to any issues, a comprehensive report could be scheduled for a subsequent City Council meeting. Contingent on the amount of information required, staff would need adequate time to prepare a comprehensive report addressing the item or items.

ATTACHMENT(S):

CCTA Executive Summary and Board Meeting Minutes April 19, 2023 CCTA Executive Summary and Board Meeting Minutes May 17, 2023 TRANSPAC Committee Meeting Summary Minutes April 13, 2023 TRANSPAC Committee Meeting Summary Minutes May 11, 2023 Prepared and Reviewed by: Ananthan Kanagasundaram, City Engineer Approved by: Ethan Bindernagel, City Manager

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COMMISSIONERS
Federal Glover,
Chair
Newell Arnerich,
Vice Chair
Ken Carlson
Paul Fadelli
Loella Haskew
David Hudson
Chris Kelley
Aaron Meadows
Sue Noack
Renata Sos
Lamar Thorpe
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/Aprl 19, 2023 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Sai Midididdi, TVTC
John Nemeth, WCCTAC
Sivakumar Natarajan, LPMC
From: Timothy Haile, Executive Director
Date: April 21, 2023
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its April 19, 2023 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Quarterly Project Status Report for January – March2023 Recommendation: This was an informational item only; no staff recommendation at this time.

Action: The Authority Board received an informational report on the status of the current Measure projects.

B. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for May 2023
Recommendation: Staff requested that the Authority Board, having reconsidered the circumstances, continue in‐person meetings with a hybrid componentfor public participation for the regular Authority Board meetings and continue conducting remote meetings for all other legislative bodies of

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Attachment: CCTA Executive Summary and Board Meeting Minutes April 19, 2023 (TRANSPAC Update) RTPC Memorandum
April 21, 2023

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/Aprl 19, 2023 RTPC Memo.doc the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

Action: The Authority Board authorized staff to continue in‐person meetings with a hybrid component for public participation for the regular Authority Board meetings and continue conducting remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

C. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for January – March 2023
Recommendation: This was an informational item only; no staff recommendation at this time.

Action: The Authority Board received an informational report on the status of the current Measure projects.

D. Circulation of the Draft Fiscal Year (FY) 2023‐24 Congestion Management Agency (CMA) Budget
Recommendation: Staff sought approval to send the preliminary draft FY 2023‐24 CMA budget to the Chair of the Public Managers’ Association for circulation and approval from each member and authorize staff to make minor refinementsto the budget as‐needed prior to circulation.

Action: The Authority Board authorized staff to send the preliminary draft FY 2023‐24 CMA budget to the Chair of the Public Managers’ Association for circulation and approval from each member and authorized staff to make minor refinements to the budget as‐needed prior to circulation.

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Attachment: CCTA Executive Summary and Board Meeting Minutes April 19, 2023 (TRANSPAC Update) RTPC Memorandum
April 21, 2023

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/Aprl 19, 2023 RTPC Memo.doc E. One Bay Area Grant Cycle 3 Project ‐ Contra Costa Countywide Safe Routes to Schools(SRTS): Bicycle/Pedestrian Safety Education and Encouragement Program
Recommendation: Staff sought approval of Resolution 23‐13‐G, which would confirm the Authority Board’s support of the Contra Costa Countywide SRTS: Bicycle/Pedestrian Safety Education and Encouragement Program.

Action: The Authority Board approved Resolution 23‐13‐G, which confirmed the Authority Board’s support of the Contra Costa Countywide SRTS:

Bicycle/Pedestrian Safety Education and Encouragement Program.

F. 2024 State Transportation Improvement Program (STIP) Process Review and Call for Projects
Recommendation: Staff sought approval of the 2024 STIP application screening and scoring criteria, and issuance of the Call for Projects.

Action: The Authority Board approved the 2024 STIP application screening and scoring criteria, and issuance of the Call for Projects.

G. State Route 4 Mokelumne Bike Trail/Pedestrian Overcrossing (Project 5002b) – Approval to Submit a Regional Measure 3 Letter of No Prejudice (LONP)
Recommendation: Staff sought approval of Resolution 23‐13‐P, which would authorize submittal of a LONP to the Metropolitan Transportation Commission (MTC) for an additional $2 million for construction services.

Action: The Authority Board approved Resolution 23‐13‐P, which authorized submittal of a LONP to MTC for an additional $2 million for construction services.

H. Action Plans for Routes of Regional Significance and Countywide Transportation Plan – Project Update
Recommendation: This is an informational item only; no staff recommendation at this time.

9.3.a
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Attachment: CCTA Executive Summary and Board Meeting Minutes April 19, 2023 (TRANSPAC Update) RTPC Memorandum
April 21, 2023

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/Aprl 19, 2023 RTPC Memo.doc Action: The Authority Board received a status update on the Action Plans for Routes of Regional Significance and Countywide Transportation Plan.

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Attachment: CCTA Executive Summary and Board Meeting Minutes April 19, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, April 19, 2023
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

Federal Glover, Chair/MTCRep.

Newell Arnerich, Vice Chair
Ken Carlson, Commissioner
Chris Kelley, Commissioner
Aaron Meadows, Commissioner
Colin Clarke
Tarienne Grover
Timothy Haile
Jack Hall
Christina Hartley
Loella Haskew, Commissioner
H.E. Christian Peeples, Ex­Officio Rep.

Sue Noack, Commissioner/MTC Rep. John Hoang
Renata Sos, Commissioner
Karen Stepper, Commissioner Alt.

Lamar Thorpe, Commissioner
Rita Xavier, Commissioner Alt.

Mark Foley, Ex­Officio Rep.

Stephanie Hu
Brian Kelleher
Matt Kelly
Hisham Noeimi
Emily Owen
Ivan Ramirez
Ying Smith
Sherri Sylva
Yuliana Tjeng
Linsey Willis
Amara Morrison, Legal Counsel

1. CONVENE MEETING: Federal Glover, Chair
DISCUSSION: Chair Glover convened the meeting at 6:02 PM. Commissioners Fadelli, Haskew and Hudson were absent. Commissioner Alt. Xavier attended on behalf of Commissioner Fadelli and Commissioner Alt. Stepper attended on behalf of Commissioner Hudson. Rep. Peeples was absent; he attended remotely as a member of the public. Commissioners Fadelli and Haskew also attended remotely as members of the public.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.

DISCUSSION: There were no public comments on items not on the agenda.

4. PRESENTATIONS

CONSENT CALENDAR

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April 19, 2023

ACTION: Commissioner Noack moved to approve the consent calendar, seconded by Commissioner Kelley. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Haskew
Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Minutes of March 15, 2023

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for February 2023 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for February 2023.

B. Quarterly Project Status Report for January – March2023 Recommendation: This is an informational item only; no staff recommendation at this time.

C. Listing of Contract Change Orders Greater than $25,000 for Contracts Lessthan $15 Million, and Greater than $50,000 for Contracts Greater than $15 Million Recommendation: This is an informational item only; no staff recommendation at this time.

D. Authorization to Issue Request for Proposals (RFP) No. 23‐1 for Professional Audit Services
Recommendation: Staff seeks authorization to issue RFP No. 23‐1 to solicit for qualified firms to provide professional auditing services.

E. Accept Annual Measure J Compliance Audits for the Fiscal Year Ended June 30, 2022
Recommendation: Staff seeks acceptance of the Measure J compliance audits for the fiscal year ended June 30, 2022.

F. Interstate 680/State Route 4 Interchange Improvements, Phase 3 (Project 6001) – Authorization to Execute Amendment No. 3 to Agreement No. 473 with NV5 Global, Inc. (NV5) for Construction Management (CM) Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 3 to Agreement No. 473 with NV5 in the amount of $85,000, for a new total

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April 19, 2023

agreement value of $9,624,978, to provide support for the Notice of Potential Claims, additional CM services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

G. Innovate 680 – Advanced Technology (Project 8009.06) – Authorization to Execute Funding Agreement No. 08CS.01 with Tri‐Valley Transportation Council (TVTC) and Town of Danville for Allocation of Tri‐Valley Transportation Development Fees (TVTDF)
Recommendation: Staff seeks authorization for the Chair to execute Funding Agreement No. 08CS.01 with TVTC and Town of Danville, for allocation of TVTDF in the amount of $3,432,438, for implementation of Coordinated Adaptive Ramp Metering, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.

H. Innovate 680 – Bay Area Mobility‐on‐Demand (Project 8009.05) – Authorization to Execute Amendment No. 3 to Cooperative Agreement No. 100.01 with the Federal Highway Administration and United States Department of Transportation (FHWA/USDOT)to Extend the Performance Period ofthe Advanced Transportation and Congestion Management Technologies DeploymentGrant
Recommendation: Staff requests authorization for the Chair to execute Amendment No. 3 to Cooperative Agreement No. 100.01 with the FHWA/USDOT to extend the performance period to July 14, 2023, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

I. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for May 2023
Recommendation: Staff requests that the Authority Board, having reconsidered the circumstances, continue in‐person meetings with a hybrid component for public participation for the regular Authority Board meetings and continue conducting remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendationsfor social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

J. Legislative Update
Recommendation: Staff will provide an update on legislation, along with addressing any questions that may arise. The Authority may take action on any item presented in the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.

7. Planning Committee ‐ Consent:

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Attachment: CCTA Executive Summary and Board Meeting Minutes April 19, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
April 19, 2023

A. City of Pleasant Hill – Contra Costa Boulevard Improvements, Viking Drive to Harriet Drive (Project 120054/130026) – Request for Authority Board Approval of the 65% Design Peer Review
Recommendation: Staff seeks approval of the Technical Coordinating Committee’s recommendation to have the 65% design peer review approved by the Authority Board.

B. Approval of Resolution 23‐12‐G for Fiscal Year (FY) 2022‐23 Measure J Allocation:

Sub‐Regional West County Transportation Needs (Program 28b) – Travel Training Program Support in the amount of$73,000
Recommendation: Staff seeks approval of Resolution 23‐12‐G to allocate Measure J Program 28b funds for FY 2022‐23 in the amount of $73,000 to the West Contra Costa Transportation Advisory Committee for the West Contra Costa County Travel Training program.

C. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for January – March 2023 Recommendation: This is an informational item only; no staff recommendation at this time.

D. Approval of Proposed Actions to Various FundingResolutions Recommendation: Staff seeks approval of Resolution 19‐19‐G (Rev 2), which will extend the term of the resolution through May 15, 2025 with the City of Concord.

E. Circulation of the Draft Fiscal Year (FY) 2023‐24 Congestion Management Agency (CMA) Budget
Recommendation: Staff seeks approval to send the preliminary draft FY 2023‐24 CMA budget to the Chair of the Public Managers’ Association for circulation and approval from each member and authorize staff to make minor refinementsto the budget as‐needed prior to circulation.

F. NEW ITEM: One Bay Area Grant Cycle 3 Project ‐ Contra Costa Countywide Safe Routesto Schools(SRTS): Bicycle/Pedestrian Safety Education and Encouragement Program
Recommendation: Staff seeks approval of Resolution 23‐13‐G, which will confirm the Authority Board’s support of the Contra Costa Countywide SRTS:

Bicycle/Pedestrian Safety Education and Encouragement Program.

REGULAR AGENDA ITEMS

9.3.a
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April 19, 2023

8. Administration & Projects Committee ‐ Regular:

A. 2024 State Transportation Improvement Program (STIP) Process Review and Call for Projects
Recommendation: Staff seeks approval of the 2024 STIP application screening and scoring criteria, and issuance of the Call for Projects.

ACTION: Vice Chair Arnerich moved to approve the 2024 State Transportation Improvement Program application screening and scoring criteria, and issue the Call for Projects, seconded by Commissioner Carlson. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Haskew
Abstain‐None
DISCUSSION: Stephanie Hu, Director, Projects, provided a background and overview of the State Transportation Improvement Program process and Call for Projects discussing the scoring and screening criteria, evaluation process, schedule, and next steps.

Commissioner provided comments. Staff responded to comments from commissioners.

B. NEW ITEM: Regional Measure 3 (RM3) – Status Update
Recommendation: Staff will provide an update on the status of RM3. This is an informational item only; no staff recommendation at this time.

DISCUSSION: Hisham Noeimi, Director, Programming, provided a background and overview of Regional Measure 3 including capital allocations by sponsor, direct allocations to the Authority, funding categories, regional and operations programs, projects sponsored by the Authority, and joint‐sponsored projects with the Authority and the Metropolitan Transportation Commission.

Commissioners provided comments. Staff responded to comments from commissioners.

C. State Route 4 Mokelumne Bike Trail/Pedestrian Overcrossing (Project 5002b) – Approval to Submit a Regional Measure 3 Letter of No Prejudice(LONP) Recommendation: Staff seeks approval of Resolution 23‐13‐P, which will authorize submittal of a LONP to the Metropolitan Transportation Commission for an additional $2 million for construction services.

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April 19, 2023

ACTION: Commissioner Alt. Stepper moved to approve Resolution 23‐13‐P, which will authorize submittal of a Letter on No Prejudice to the Metropolitan Transportation Commission for an additional $2 million for construction services, seconded by Vice Chair Arnerich. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Haskew
Abstain‐None
DISCUSSION: Ivan Ramirez, Director, Construction, provided a background and overview of the State Route 4 Mokelumne Bike Trail/Pedestrian Overcrossing project discussing the project details, project location, project updates, challenges, delays, and next steps.

Commissioners provided comments. Staff responded to comments from commissioners.

9. Planning Committee ‐ Regular:

A. Action Plans for Routes of Regional Significance and Countywide Transportation Plan – Project Update
Recommendation: This is an informational item only; no staff recommendation at this time.

DISCUSSION: Matt Kelly, Senior Transportation Planner, introduced the item and Torina Wilson with Placeworks. Ms. Wilson provided an overview of the Action Plan Updates, the contents of the Action Plans, and the focus on equity, safety, climate change, innovation, technology, multimodal, and integrated corridor management. Ms. Wilson discussed the public outreach, Regional Transportation Objectives, actions, priorities, and process for adoption. Mr. Kelly discussed the Countywide Transportation Plan update including the scope, schedule, modernization, expansion of the network, preparation of an Environmental Impact Report, development of policy papers, stakeholder engagement, public outreach, and next steps.

Commissioners provided comments. Staff responded to commentsfrom commissioners.

10. CORRESPONDENCE AND COMMUNICATIONS

11. ASSOCIATED COMMITTEE REPORTS

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April 19, 2023

A. Central County (TRANSPAC): Meeting Report for the regular meeting on March 9, 2023 and April 13, 2023 (Attachment and meeting handout if available) B. East County (TRANSPLAN): Meeting Report for the regular meeting on April 13, 2023 (Meeting handout if available)
C. Southwest County (SWAT): Meeting Report forthe regular meetings on March 6, 2023 and April 3, 2023 (Attachment and meeting handout if available) D. West County (WCCTAC): Meeting Report for the regular meeting on March 24, 2023

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Glover discussed the upcoming meeting with Andrew Fremier with the Metropolitan Transportation Commission (MTC) and ensuring we continue to follow‐up on Regional Measure 3. Chair Glover further discussed the Authority’s federal advocacy trip to Washington, D.C.

Commissioner Noack discussed the upcoming MTC Workshop.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Vice Chair Arnerich and Commissioners Kelley and Stepper discussed the success of the Authority’s Redefining Mobility Summit that they attended on April 18, 2023 in the City of San Ramon.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, discussed the success of the Authority’s Redefining Mobility Summit including international partners, speakers, and attendees, partner demonstrations, and student participation. He announced the deployment of the first shared autonomous shuttle for public use in San Ramon on Monday, April 24, 2023, which will showcase the new Presto branding.

He discussed the Authority’s annual federal advocacy trip to Washington, D.C., the Authority’s national leadership and recognition and the opportunity to be leaders and advisors to the National Highway Traffic and Safety Administration on the national regulatory Autonomous Vehicle framework. He announced new leadership at the American Automobile Association of Northern California, Nevada and Utah, discussed the meeting with the GoMentum Station Ad Hoc Committee, and the recommendation to move forward with an amendment to the master agreement. He further discussed the meeting/tour with Archer, and the launch of the Means-Based Fare Pilot program with Tri Delta Transit in East Contra Costa County.

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April 19, 2023

He introduced Emily Owen as the Authority’s new Administrative Assistant.

Ms. Owen provided a brief introduction.

13. CALENDAR
A. April, May, June, and July 2023
B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for May 17, 2023 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 7:30 PM.

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Attachment: CCTA Executive Summary and Board Meeting Minutes April 19, 2023 (TRANSPAC Update)

COMMISSIONERS
Federal Glover,
Chair
Newell Arnerich,
Vice Chair
Ken Carlson
Paul Fadelli
Loella Haskew
David Hudson
Chris Kelley
Aaron Meadows
Sue Noack
Renata Sos
Lamar Thorpe
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/May 17, 2023 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Sai Midididdi, TVTC
John Nemeth, WCCTAC
Sivakumar Natarajan, LPMC
From: Timothy Haile, Executive Director
Date: May 23, 2023
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its May 17, 2023 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for June 2023
Recommendation: Staff requested that the Authority Board, having reconsidered the circumstances, continue conducting in‐person meetings with a hybrid component for public participation for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

Action: The Authority Board authorized staff to continue in‐person meetings with a hybrid component for public participation for the regular Authority

9.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) RTPC Memorandum
May 23, 2023

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/May 17, 2023 RTPC Memo.doc Board meetings and continue conducting remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

B. Allocation of Contra Costa County Measure X Funds to Eastern Contra Costa Transit Authority (ECCTA) for the East County Means‐Based Fare Pilot (Pilot) Recommendation: Staff sought approval of Resolution 23‐14‐G to allocate Contra Costa County Measure X funds in an amount not‐to‐exceed $75,000 in Fiscal Year (FY) 2022‐23 to ECCTA for the cost of the Paratransit Program tickets for the Pilot.

Action: The Authority Board approved Resolution 23‐14‐G to allocate Contra Costa County Measure X funds in an amount not‐to‐exceed $75,000 in FY 2022‐23 to ECCTA for the cost of the Paratransit Program tickets for the Pilot.

C. Approval of the City of Pleasant Hill Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) ComplianceChecklist Recommendation: Staff sought approval of the City of Pleasant Hill GMP Compliance Checklist and payment of $771,491 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Pleasant Hill, with a second (off‐year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

Action: The Authority Board approved the City of Pleasant Hill GMP Compliance Checklist and payment of $771,491 in FY 2021‐22 Local Street Maintenance and Improvement funds to the City of Pleasant Hill, with a second (off‐year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

D. Approval of the City of Concord Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff sought approval of the City of Concord GMP Compliance Checklist and payment of $2,170,998 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Concord,

9.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) RTPC Memorandum
May 23, 2023

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/May 17, 2023 RTPC Memo.doc with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

Action: The Authority Board approved the City of Concord GMP Compliance Checklist and payment of $2,170,998 in FY 2021‐22 Local Street Maintenance and Improvement funds to the City of Concord, with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

E. Interstate 680/State Route 4 Interchange Improvements: Projects 6001a/6001b – Project Status Update
Recommendation: Staff provided an update on the status of the Interstate 680/State Route 4 Interchange Improvements project (Projects 6001a/6001b).

Action: This was an informational item only; no staff recommendation at this time.

F. Interstate 680/State Route 4 Interchange Improvements: Phase 3 (Project 1117/6001) – Approval of Construction Work and Issue Final Payment to Brosamer & Wall, Inc. (Brosamer) for ConstructionServices Recommendation: Staff sought approval of Resolution 23‐27‐P, which would authorize acceptance of the construction work under Agreement No. 505 with Brosamer as being complete and satisfactory and authorize staff to proceed with contract closeout pending the receipt of project acceptance documentation from the California Department of Transportation (Caltrans).

Action: The Authority Board approved Resolution 23‐27‐P to authorize acceptance of the construction work under Agreement No. 505 with Brosamer as being complete and satisfactory and authorize staff to proceed with contract closeout pending the receipt of project acceptance documentation from Caltrans.

G. Update on the Contra Costa Countywide Smart Signals Project (Project) Recommendation: Staff provided an update on the Project.

Action: This was an informational item only; no staff recommendation at this time.

9.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, May 17, 2023
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERS ABSENT:

Federal Glover, Chair/MTCRep.

Newell Arnerich, Vice Chair
Ken Carlson, Commissioner
Paul Fadelli, Commissioner
Loella Haskew, Commissioner
Chris Kelley, Commissioner
Aaron Meadows, Commissioner
Renata Sos, Commissioner
Karen Stepper, Commissioner Alt.

Lamar Thorpe, Commissioner
Mark Foley, Ex­Officio Rep.

Colin Clarke
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Stephanie Hu
Brian Kelleher
Matt Kelly
Hisham Noeimi
Ivan Ramirez
Jackie Reyes
Yuliana Tjeng
Linsey Willis
Neal Parish, Legal Counsel
Sue Noack, Commissioner/MTC Rep.

H.E. Christian Peeples, Ex­Officio Rep.

1. CONVENE MEETING: Federal Glover, Chair
DISCUSSION: Chair Glover convened the meeting at 6:01 PM. Commissioners Hudson and Noack were absent. Commissioner Alt. Stepper attended on behalf of Commissioner Hudson.

Rep. Peeples attended remotely as a member of the public.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.

DISCUSSION: There were no public comments on items not on the agenda.

4. PRESENTATIONS

CONSENT CALENDAR
ACTION: Commissioner Haskew moved to approve the consent calendar, seconded by Commissioner Kelley. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

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May 17, 2023

Noes‐None
Absent‐Commissioner Noack
Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Special Minutes of April 12, 2023
B. Authority Board Minutes of April 19, 2023

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for March2023 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for March 2023.

B. Accept Quarterly Sales Tax Revenue Report for the Period Ended December 31, 2022
Recommendation: Staff seeks acceptance of the quarterly sales tax revenue report for the period ended December 31, 2022.

C. Accept Quarterly Cash and Investment Report for the Period Ended March 31, 2023 Recommendation: Staff seeks acceptance of the quarterly cash and investment report for the period ended March 31, 2023.

D. Accept Internal Accounting Report for the Nine Months Ended March 31, 2023 Recommendation: Staff seeks acceptance of the internal accounting report for the nine months ended March 31, 2023.

E. NEW ITEM: Legislative Update
Recommendation: Staff will provide an update on legislation, along with addressing any questions that may arise. The Authority may take action on any item presented in the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.

F. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for June 2023
Recommendation: Staff requeststhat the Authority Board, having reconsidered the circumstances, continue conducting in‐person meetings with a hybrid componentfor public participation forthe regular Authority Board meetings and

9.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
May 17, 2023

remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendationsfor social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

G. NEW ITEM: Accept Consultant Agreement Amendments for Various Projects Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 16 to Agreement No. 118 with URS Corporation to extend the agreement termination date to December 31, 2024, Amendment No. 7 to Agreement No. 358 with Mark Thomas and Company to extend the agreement termination date to December 31, 2023, Amendment No. 10 to Agreement No. 430 with Quincy Engineering, Inc. to extend the agreement termination date to June 30, 2024, Amendment No. 5 to Agreement No. 495 with WMH Corporation to extend the agreement termination date to June 30, 2024, Amendment No. 1 to Agreement No. 520 with HDR Engineering, Inc. to extend the agreement termination date to June 30, 2025, Amendment No. 2 to Agreement No. 517 with Kimley‐Horn and Associates, lnc. to extend the agreement termination date to December 31, 2024, and Amendment No. 1 to Agreement No. 546 with Tricertus, LLC to extend the agreement termination date to December 31, 2026, with all of the agreement amendments having no increase in budget.

H. NEW ITEM: Approval of Proposed Actions to Various FundingResolutions Recommendation: Staff seeks approval of Resolution 19‐58‐P (Rev 3), which will extend the term of the resolution to December 31, 2023 with the Bay Area Rapid Transit, and Resolution 17‐22‐P (Rev 3), which will extend the term of the resolution to September 30, 2024 with the City of Martinez.

7. Planning Committee ‐ Consent:

A. City of Richmond (City) – Lincoln Elementary Safe Routes to School (SRTS) Pedestrian Enhancements(Project 120062) – Approval to Appropriate Measure J Funds for Construction Phase
Recommendation: Staff seeks approval of Resolution 23‐07‐G, which will appropriate Measure J Transportation for Livable Communities (Program 12) funds in the amount of $63,000 to the City for the construction phase of the Lincoln Elementary SRTS Pedestrian Enhancements (Project 120062).

B. City of Pleasant Hill (City) – Contra Costa Boulevard Improvements, Viking Drive to Harriet Drive (Project 120054/130026) – Approval to Appropriate Measure J Funds for Construction Phase

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Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to Master Cooperative Agreement No. 12.C.01 and approval of Resolution 23‐ 09‐G, which will appropriate Measure J Transportation for Livable Communities (Program 12) funds in the amount of $3,792,000 and Pedestrian, Bicycle, and Trail Facilities (Program 13) funds in the amount of $1,000,000, for a total of $4,792,000 in Measure J funds to the City, for the construction phase of the Contra Costa Boulevard Improvements, Viking Drive to Harriet Drive (Project 120054/130026).

C. Allocation of Contra Costa County Measure X Funds to Eastern Contra Costa Transit Authority (ECCTA) for the East County Means‐Based Fare Pilot (Pilot) Recommendation: Staff seeks approval of Resolution 23‐14‐G to allocate Contra Costa County Measure X funds in an amount not‐to‐exceed $75,000 in Fiscal Year 2022‐23 to ECCTA for the cost of the Paratransit Program tickets for the Pilot.

D. Approval of the City of Pleasant Hill Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) ComplianceChecklist
Recommendation: Staff seeks approval of the City of Pleasant Hill GMP Compliance Checklist and payment of $771,491 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Pleasant Hill, with a second (off‐year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

E. Approval of the City of Concord Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff seeks approval of the City of Concord GMP Compliance Checklist and payment of $2,170,998 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Concord, with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. NEW ITEMS: Interstate 680/State Route 4 Interchange Improvements:

1. Projects 6001a/6001b – Project Status Update
Recommendation: Staff will provide an update on the status of the Interstate 680/State Route 4 Interchange Improvements (Projects 6001a/6001b). This is an informational item only; no staff recommendation at this time.

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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
May 17, 2023

DISCUSSION: Ivan Ramirez, Director, Construction, provided a background and overview of the Interstate 680 (I‐680)/State Route 4 (SR4) Interchange Improvements project, Phase 1, 2A and 4 including the Pacheco Bridge, Solano Bridge, Grayson Creek Bridge, and Walnut Creek Bridge improvements, widening of I‐680/SR4, and off/on ramp improvements, to improve operational efficiency and safety, accommodate existing and planned growth in travel demand, and provide direct access from I‐680 to Pacheco Boulevard. Mr.

Ramirezfurther discussed schedule, funding shortfall, challenges, and the Quality Assurance Plan for Phase 1, 2A and 4. Lastly, he announced that there will be a Closed Session at the next Authority Board regular meeting to discuss the next steps for Phase 3.

Commissioners provided comments. Staff responded to comments from commissioners.

Public Comment
Jordon Bluestein, East Bay Bike Coalition, provided written public comment.

2. Phases 1, 2A, and 4 (Project 6001) – Authorization to Execute Agreement No. 633 with Central Contra Costa Sanitary District (District) to Provide Design Services
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 633 with the District in the amount not‐to‐exceed $1,907,382, to provide complete design, and 100% Plans, Specifications, and Estimates to relocate sanitary pipelines in conflict with the project and to allow the Executive Director or designee to make any non‐substantive changes to the language.

ACTION: Vice Chair Arnerich moved to authorize the Chair to execute Agreement No. 633 with the Central Contra Costa Sanitary District (District) in the amount not‐to‐exceed $1,907,382, to provide complete design, and 100% Plans, Specifications, and Estimates to relocate sanitary pipelines in conflict with the project and to allow the Executive Director or designee to make any non‐substantive changes to the language, with the emphasis that the agreement has language to ensure the District is responsible for the validity of the design plans and scope‐of‐work, seconded by Commissioner Alt. Stepper. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐ Commissioner Noack
Abstain‐None

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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
May 17, 2023

DISCUSSION: Ivan Ramirez, Director, Construction, provided a brief overview of the need for design services from Central Contra Costa Sanitary District for the relocation of sanitary pipelines in conflict with the project.

Commissioners provided comments. Staff responded to comments from commissioners.

Vice Chair Arnerich requested language in the agreement stating that the Central Contra Costa Sanitary District will be responsible for the validity of the design plans and scope‐of‐work.

3. Phase 3 (Project 1117/6001) – Approval of Construction Work and Issue Final Payment to Brosamer & Wall, Inc. (Brosamer) for ConstructionServices Recommendation: Staff seeks approval of Resolution 23‐27‐P, which will authorize acceptance of the construction work under Agreement No. 505 with Brosamer as being complete and satisfactory and authorize staff to proceed with contract closeout pending the receipt of project acceptance documentation from the California Department of Transportation.

ACTION: Commissioner Carlson moved to approve Resolution 23‐27‐P, which will authorize acceptance of the construction work under Agreement No. 505 with Brosamer & Wall, Inc. as being complete and satisfactory and authorize staff to proceed with contract closeout pending the receipt of project acceptance documentation from the California Department of Transportation, seconded by Commissioner Kelley. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Noack
Abstain‐None
DISCUSSION: Ivan Ramirez, Director, Construction, provided a brief overview of the request to approve the construction work with Brosamer & Wall and proceed with closeout activities.

9. Planning Committee ‐ Regular:

A. NEW ITEM: Update on the Contra Costa Countywide Smart Signals Project (Project) Recommendation: Staff will provide an update on the Project. This is an informational item only; no staff recommendation at this time.

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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
May 17, 2023

DISCUSSION: John Hoang, Director, Planning, provided a brief overview and background of the goals and objectives of the Contra Costa Countywide Smart Signals Project discussing the project scope, benefits, functionality of the interconnected signal system, implementation of detection systems, and communications systems including systems integration at intersections located on Routes of Regional Significance and within Priority Development Areas.

Mr. Hoang further discussed the funding plan, project team, project schedule, and integration with the Digital Management of Traffic Infrastructure Optimizing Network Systems (DigitalMOTIONS) as part of the CCTA 4.0 Concept.

Commissioners provided comments. Staff responded to comments from commissioners.

Public Comment:

Rep. Peeples mentioned that Alameda-Contra Costa Transit (AC Transit) is currently working on Transit Signal Priority and that Authority staff should reach out to AC Transit staff for more information.

10. CORRESPONDENCE AND COMMUNICATIONS

11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meetings on April 13, 2023 and May 11, 2023 (Attachment and meeting handout if available) B. East County (TRANSPLAN): Meeting Report for the regular meeting on May 11, 2023 (Meeting handout if available)
C. Southwest County (SWAT): Notice of Cancellation for the regular meeting on May 1, 2023
D. West County (WCCTAC): Meeting Report for the regular meeting on April 28, 2023 (Meeting handout if available)

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Glover thanked Vice Chair Arnerich for his support and attendance at the Authority’s events and discussed the success of the Authority’s increased engagement with the community.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings

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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) Authority Board Meeting MINUTES
May 17, 2023

DISCUSSION: Commissioner Kelley spoke about the Hercules Transit Hub announcing the commencement of bus services, and award of a Transit and Intercity Rail Capital Program grant in the amount of $2.6 million towards design services.

Rep. Foley announced the appointment of a new Inspector General, contract award for replacement of over 700 legacy fare gates at the Bay Area Rapid Transit (BART) stations, and the improved BART schedule to reduce headways while remaining cost neutral.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, thanked the Authority Board and staff for their hard work, support, and efforts. He discussed the project overviews that will be presented at future Authority Board meetings and On the Patio podcasts. He discussed the Presto shuttle launch on April 24, 2023, and the related media coverage, marketing, outreach, technical and operational challenges, meeting with the onsite day care, and open house on June 6, 2023 with the Bishop Ranch tenants in the City of San Ramon. He further discussed the Transit Chief Executive Officer ridealong, Truck Time in the City of San Ramon, TranStar tour attended with Vice Chair Arnerich, Commissioner Carlson, and Commissioner Alt. Andersen, and announced the City of Concord’s release of a Request for Qualifications for development of the Concord Naval Weapons Station. Mr. Haile further provided an update on Assembly Bill 316 and the development of an autonomous vehicle coalition.

13. CALENDAR
A. May, June, July, and August 2023
B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for June 21, 2023 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 7:15 PM.

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Attachment: CCTA Executive Summary and Board Meeting Minutes May 17, 2023 (TRANSPAC Update) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: April 13, 2023
MEMBERS PRESENT: Peter Cloven (Chair), Clayton; Sue Noack (Vice Chair), Pleasant Hill; Carlyn Obringer, Concord;
Kevin Wilk, Walnut Creek, Candace Andersen,
Contra Costa County
PLANNING COMMISSIONERS PRESENT: Bob Pickett, Concord
STAFF PRESENT: Stephanie Hu, CCTA, Francis Lo, BayPac; Melody Reebs, County Connection; John Cunningham,
Contra Costa County; Kirsten Riker, 511CC; Laurie
Talbert, 511CC: Karen Decool, 511CC; Matt Todd,
TRANSPAC; Tiffany Gephart, TRANSPAC
MINUTES PREPARED BY: Tiffany Gephart

1. Convene Regular Meeting / Pledge of Allegiance / Self-Introductions Chair Cloven called the meeting to order at 9:00 A.M.

2. Public Comments
There were no comments from the public.

3. Consent Agenda
a. Approval of Minutes:
• Minutes of the March 9, 2023 Meeting.
• Minutes of the March 31, 2023 Special Meeting.
b. CCTA Executive Director’s Report Regarding CCTA Actions/Discussion Items c. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest
d. RTPC Meeting Summary Letters
e. CCTA Meeting Updates and Countywide Information Links f. TRANPSAC Committee Appointments – CCTA CBPAC Appointment for the Term ending December 31, 2023. Appoint Briana Byrne, Walnut Creek to the vacant primary position on the CBPAC for the term ending December 31, 2023.
g. State Transportation Improvement Projects.

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Attachment: TRANSPAC Committee Meeting Summary Minutes April 13, 2023 (TRANSPAC Update) On motion by Commissioner Noack seconded by Commissioner Obringer to approve the consent agenda by majority vote of the members present (Cloven, Noack, Obringer, Andersen) with one abstention from Member Wilk.

End Consent Agenda

4. TRANSPAC WORKPLAN FOR FISCAL YEAR 2023/2024.

Matt Todd presented the draft work plan for FY 2023/2024 and requested Board comment.

Commissioner Noack commented that she would like to discuss engineering or other solutions to improve safety at intersections and crossings considering increasing crossing guard costs.

Commissioner Obringer requested to hold a joint meeting with TRANSPLAN in 2024 regarding the Concord Naval Weapons Station.

The Board agreed to hold a closed session on May 11, 2023.

5. MEETINGS OF THE TRANPSAC BOARD AND SUBCOMMITTEES.

On a motion by Commissioner Noack, seconded by Commissioner Obringer, to continue conducting remote meetings of the legislative bodies of TRANSPAC pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361 through May 13, 2023 (Cloven, Noack, Obringer, Wilk, Andersen).

6. STATE ROUTE 239 PROJECT UPDATE.

Stephanie Hu and Francis Lo provided an overview of the SR239 Project and goals.

There were no questions from the Board.

7. 511 CONTRA COSTA PROGRAM UPDATE.

Kirsten Riker of 511CC provided an overview of the 511 Contra Costa Program and annual and upcoming events.

Commissioner Obringer invited Ms. Riker to attend a Concord City Council meeting and noted that she would contact her offline to schedule.

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Attachment: TRANSPAC Committee Meeting Summary Minutes April 13, 2023 (TRANSPAC Update) Commissioner Noack noted that the PHE bike ride program has been very successful. Ms. Riker commented that she would be willing to host a webinar if other schools would like to learn how to start their own programs.

Commissioner Noak requested that Ms. Riker share all the information and links provided to TRANSPAC staff for distribution to the Board after the meeting.

8. TRANSPAC CCTA REPRESENTATIVE REPORTS.

Commissioner Noack commented that the Administration and Projects committee meeting was canceled. She noted at the MTC meeting there was discussion around RM3 and that the funds will soon be available and how that money will be distributed in Contra Costa County.

Commissioner Noack further commented that she would share more information in the future.

Commissioner Wilk commented on his concerns with current state housing zoning requirements and the impact on first-last mile accessibility to transit. Commissioner Wilk further commented that after his discussion with Senator Glazier, that the Senator’s recommendation is for transportation agencies and bodies to write to the Governor and raise their concerns.

Commissioner Noack commented that similar comments were raised to MTC encouraging MTC to also communicate with HCD to encourage a focus on reducing green house gas emissions and noted a need to align goals amongst agencies.

9. TAC ORAL REPORTS BY JURISDICTION
No member comments.

10. BOARDMEMBER COMMENTS
Commissioner Obringer updated the Board on the progress of the Naval Weapons Station development. Commissioner Obringer noted that at the March 14 City Council meeting, a list of questions were identified and sent to stakeholders to inform the RFQ. The responses will be returned on May 9th and at that point the Concord City Council will finalize the RFQ. Formal letters of interest have been received from two parties, Brookfield/Sunset Development and City Ventures, who previously applied in 2021 and were not selected. Commissioner Obringer noted that the Navy has requested that the development be under contract by the fall and this is the goal the City of Concord is striving towards.

10. MANAGING DIRECTOR’S REPORT
Mr. Todd commented that CCTA was awarded a Safe Routes to School federal grant and is scheduling a meeting to discuss the details of the grant/program.

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Attachment: TRANSPAC Committee Meeting Summary Minutes April 13, 2023 (TRANSPAC Update)

11. ADJOURN / NEXT MEETING The meeting adjourned at 10:24 A.M. The Board will hold a closed session on May 11, 2023 at 8:30am and the regular meeting will be held on May 11, 2023 at 9am.

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Attachment: TRANSPAC Committee Meeting Summary Minutes April 13, 2023 (TRANSPAC Update) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: May 11, 2023
MEMBERS PRESENT: Peter Cloven (Chair), Clayton; Loella Haskew, Walnut Creek; Matthew Rinn, Pleasant Hill; Laura
Hoffmeister, Concord; Mark Ross, Martinez; Ken
Carlson, Contra Costa County
PLANNING COMMISSIONERS PRESENT:

STAFF PRESENT: Saravana Suthanthira, Concord; Melody Reebs, County Connection; Ananthan Kanagasundaram,
Pleasant Hill; Smadar Boardman, Walnut Creek;
Matt Todd, TRANSPAC; Tiffany Gephart, TRANSPAC
GUESTS/PRESENTERS: Jamar Stamps, Contra Costa County; Scott Simmons
MINUTES PREPARED BY: Tiffany Gephart

1. Closed Session
Reconvene in Open Session

2. Report on Action Taken in Closed Session
There was no action taken during the closed session.

3. Convene Regular Meeting / Pledge of Allegiance / Self-Introductions Chair Cloven called the meeting to order at 9:00 A.M.

4. Public Comment
There were no comments from the public.

5. Consent Agenda
a. Approval of Minutes:
• Minutes of the April 13, 2023 Meeting.
b. CCTA Executive Director’s Report Regarding CCTA Actions/Discussion Items c. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest

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Attachment: TRANSPAC Committee Meeting Summary Minutes May 11, 2023 (TRANSPAC Update) d. RTPC Meeting Summary Letters
e. CCTA Meeting Updates and Countywide Information Links f. TRANPSAC Quarterly Financial Report. Accept the Quarterly Financial Report for the period ended March 31, 2023.

On motion by Commissioner Haskew seconded by Commissioner Hoffmeister to approve the consent agenda by majority vote of the members present (Cloven, Ross, Carlson, Hoffmeister), with one abstention from Commissioner Rinn.

End Consent Agenda

4. TRANSPAC WORKPLAN FOR FISCAL YEAR 2023/2024.

Matt Todd presented the draft work plan and budget for FY 2023/2024 and requested Board comment.

Commissioner Hoffmeister asked regarding the funding remaining from the Monument Corridor Study and grant application effort, if staff have coordinated with the City of Concord to investigate other available grants that the funds could be used for. Mr. Todd commented that some discussion has taken place regarding other grant opportunities for Concord but there has not been a follow-up recently. Commissioner Hoffmeister commented that there may be opportunities over the next year to use the funding for administrative costs to submit another grant as there are many possible projects along the corridor.

Commissioner Haskew recommended keeping remaining funding in the reserve to be available for needs as they arise. Commissioner Cloven agreed.

Commissioner Haskew exited the meeting.

5. MEETINGS OF THE TRANPSAC BOARD AND SUBCOMMITTEES.

On a motion by Commissioner Carlson, seconded by Commissioner Hoffmeister, to approve the recommendation to conduct hybrid TRANSPAC Board meetings with Board members attending in-person and a remote meeting option for members of the public. Other TRANSPAC bodies including the TRANSPAC TAC, special and/or ad-hoc committee meetings will continue meeting virtually. This option would include the Board recommending to continue conducting remote meetings of the legislative bodies of TRANSPAC pursuant to the Brown Act provisions under AB361 and consistent with the Contra Costa Health Services’ recommendation for social distancing when feasible for public meetings through June 10, 2023, by unanimous vote of the members present (Cloven, Ross, Carlson, Hoffmeister, Rinn).

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Attachment: TRANSPAC Committee Meeting Summary Minutes May 11, 2023 (TRANSPAC Update)

6. MARSH CREEK ROAD MULTI-USE TRAIL FEASIBILITY STUDY.

Jamar Stamps of Contra Costa County introduced the item and gave a presentation on the findings of the Marsh Creek Road Multi-Use Trail Feasibility Study.

Commissioner Cloven asked if there were safeguards to protect property owners from pedestrians wandering onto their property where paths are alongside residential areas. Mr.

Stamps commented that it is case-by-case, but there aren’t specific mechanisms in place at this point. However, once a more precise trail alignment is solidified, there will be further discussion on the operation and maintenance of the trail and agreements can be entered into with property owners as needed.

Commissioner Hoffmeister asked if the estimate in the study includes design and construction costs. Mr. Stamps clarified that the estimate was for construction and was estimated using the Caltrans cost estimate format. Commissioner Hoffmeister asked if there is a cost estimate for next steps such as design. Commissioner Hoffmeister expressed concern that the existing estimate does not give the public an accurate estimate of the total cost of the trail project.

Mr. Stamps commented that before the concept alignments are settled there will be further public outreach and the questions raised would need to be answered prior to pursuing construction funding. Commissioner Hoffmeister suggested that cost estimate information on page 55 be itemized to indicate that the construction costs are estimated, and that design and engineering costs are unknown.

Commissioner Hoffmeister further noted that some of the topographical maps included in the report do not show the steep terrain well. The embankments in some of the areas are very steep and that may lend to increased costs.

8. TRANSPAC CCTA REPRESENTATIVE REPORTS.

No member comments.

9. TAC ORAL REPORTS BY JURISDICTION
No member comments.

10. BOARDMEMBER COMMENTS
Supervisor Carlson spoke about his trip to visit the Houston Traffic Operations Center and noted other central county staff were present such as representatives from MTC and CCTA.

Commissioner Hoffmeister commented that by late summer/early fall the master developer candidates (for the Concord Naval Weapons Station development) should be determined and interviews will begin. The goal will be to select a master developer before the end of the year.

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Attachment: TRANSPAC Committee Meeting Summary Minutes May 11, 2023 (TRANSPAC Update)

10. MANAGING DIRECTOR’S REPORT
Mr. Todd commented there are vacancies for Planning Commissioners on TRANSPAC. Currently there is only one Planning Commissioner appointed from Walnut Creek.

11. ADJOURN / NEXT MEETING The meeting adjourned at 10:07 a.m. The next meeting will be held on June 8, 2023 at the City of Pleasant Hill Large Community Room – 100 Gregory Lane, Pleasant Hill. Remote teleconferencing information for members of the public will be included in the posted meeting materials.

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Attachment: TRANSPAC Committee Meeting Summary Minutes May 11, 2023 (TRANSPAC Update)

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 AUTHORIZING THE MAYOR AND

THE CITY MANAGER TO EXECUTE A SUCCESSOR MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF PLEASANT HILL

AND THE PLEASANT HILL POLICE ASSOCIATION

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

DISCUSSION
Background
A bargaining team comprised of IEDA Consultant Greg Ramirez and the City’s Human Resources Manager and Finance Manager negotiated with representatives of PHPA in good faith to reach agreement on a successor MOU. The parties began meeting on March 15, 2023, prior to the current MOU covering the PHPA contract expiration date of June 30, 2023. After five productive negotiations sessions the parties successfully reached a tentative agreement on June 5, 2023. The PHPA membership held a ratification meeting on June 14, 2023 and the tentative agreement was approved by the membership at that time.

Analysis
The City has negotiated in compliance with the Meyers-Milias-Brown Act (MMBA) and all other applicable requirements to reach agreement with the PHPA unit on a new MOU that meets the interests of both parties. The following are the noteworthy changes in the proposed MOU relative to its predecessor:
 Change in term to July 1, 2023 through June 30, 2026.  Annual cost of living adjustment (COLA) of 3.25% effective July 1, 2023; 3.25% effective July 1, 2024; and 3.5% effective July 1, 2025 reflected in the PHPA Salary Sheet.  Increase in the maximum limit on the Compensatory Time Off (CTO) bank to 150 hours.

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 Change in the medical in lieu benefit to a tiered program:
o Employee Only - $400
o Employee + 1 - $500
o Family - $600

FISCAL IMPACT
The adoption of the proposed resolution authorizing the execution of the MOU between the City and PHPA will increase the City’s costs by approximately $183,497 in salaries and benefits for the life of the contract. The FY 23-24 budget will be increased by $59,677 to account for these changes.

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 PHPA.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 – Redline Comparison Document
Exhibit 2 – PHPA MOU July 1, 2023 through June 30, 2026 Prepared by: Ericka R. Mitchell, Human Resources Manager Approved by: Scott Vermillion, Acting City Manager

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RESOLUTION NO. -23

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

A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PLEASANT HILL AND

THE PLEASANT HILL POLICE ASSOCIATION
WHEREAS, the most recent memorandum of understanding (MOU) covering the Pleasant Hill Police Association (“PHPA”) expired on June 30, 2023; and WHEREAS, the City Council retained the Industrial Employers and Distributors Association (IEDA) to provide representation services in discussions with the PHPA concerning terms of a successor MOU; and
WHEREAS, Gregory Ramirez, IEDA employee, served as the City’s labor relations consultant to confer over those terms with representatives of PHPA; and WHEREAS, meetings have been conducted between the City’s bargaining team and PHPA, resulting in tentative terms of the successor MOU; and
WHEREAS, the terms of said successor MOU are set forth in full in writing in the redline comparison document (Exhibit 1) and the MOU (Exhibit 2) attached hereto; and WHEREAS, the PHPA membership voted to ratify the tentative terms of the proposed successor MOU;
WHEREAS, an additional $183,497 in salaries and benefits will be added to the budget for the life of the contract and the FY 23-24 budget will be increased by $59,677 to account for these changes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the terms of the attached MOU which includes a salary schedule are by this reference incorporated herein and shall have effect according to its terms when signed by the authorized representatives of PHPA and the City as provided herein. At that time, Resolution No. 55-22 approving the expired MOU shall be deemed superseded and rescinded.

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

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Attachment: Proposed Resolution (MOU with PHPA)
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 17th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, Acting City Clerk

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Attachment: Proposed Resolution (MOU with PHPA)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE PLEASANT HILL POLICE ASSOCIATION AND

THE CITY OF PLEASANT HILL
July 1, 2022 2023 to June 30, 20232026

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA) iii
Section L. Uniform Allowance...................................................................9

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

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

3. Uniform Allowance for Sworn Personnel ..................................9 Section M. Bilingual Pay.........................................................................10 Section N. Vehicles for Investigators ......................................................10 Section O. One-Time Lump Sum Compensation ...................................10 ARTICLE VII WORKING CONDITIONS ................................................................................... 10 Section A. FLSA Work Periods; Rest Periods.........................................10

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

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

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

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

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

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

2. Payment for Accrued, Unused Sick Leave .............................14 a. Annually ......................................................................14 b. Upon Separation From Employment
Other Than Retirement ........................................15 c. Upon Death While Still Employed ................................15 d. Upon Retirement .........................................................15 Section B. Vacation Leave .....................................................................16

1. Earning of Vacation Leave .....................................................16

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

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Section J. Jury Leave .............................................................................19 Section K. Workers Compensation Leave ..............................................19 Section L. Bereavement Leave...............................................................19 Section M. Immediate Family .................................................................19 ARTICLE X BENEFITS ......................................................................................................... 20 Section A. Medical Plan..........................................................................20 Section B. Deferred Compensation – In Lieu of Medical.........................20 Section C. Dental Insurance...................................................................20 Section D. Vision Plan............................................................................20 Section E. Life Insurance........................................................................20 Section F. Disability Insurance ...............................................................20

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

2. Disability Insurance for Sworn Personnel...............................21 Section G. [RESERVED] ........................................................................21 Section H. (Deferred Compensation (457 Plan)......................................21 Section I. CalPERS Retirement ..............................................................21 Section J. Educational Expense Reimbursement ...................................22 Section K. Medical Premium Payments Following Retirement................23

1. Employees Hired Prior to August 1, 2011 with at Least 20 Years of Service.........................................................23

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

3. Employees Hired After August 1, 2011 ..................................24

4. Employees Eligible for Disability Retirement ..........................24 ARTICLE XI HEALTHCARE COST CONTAINMENT COMMITTEE ............................................. 24 ARTICLE XII ICMA VANTAGECARE RETIREE HEALTH SAVINGS PLAN ("RHS PLAN") FOR POST RETIREMENT HEALTHCARE COSTS...................25 ARTICLE XIII SPECIAL DUTY SELECTION PROCEDURE ............................................................ 25 Section A. Screening and Selection .......................................................25 Section B. Duration of Special Duty Assignments...................................26 Section C. Temporary Assignments .......................................................27 Section D. Miscellaneous Provisions......................................................27 ARTICLE XIV MASTER OFFICER/CORPORAL/SERGEANT PROGRAM ....................................... 27 Section A. Master Police Officer Program...............................................27

1. Police Officers........................................................................27

2. Lateral Peace Officers............................................................27 Section B. Master Corporal Program......................................................28 Section C. Master Sergeant Program .....................................................28 Section D. Special Duty Assignments.....................................................29

1. For Lateral Officers ................................................................29

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

3. Corporal Special Duty Assignments.......................................30

4. Sergeant Special Duty Assignments ......................................30

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

6. Professional Standards Sergeant Assignment Selection and Conditions ................................................................31 Section E. Responsibilities .....................................................................31 Section F. Application Process ...............................................................31 Section G. Pay Differential......................................................................31 ARTICLE XV NOTICE OF LAYOFFS......................................................................................... 32 ARTICLE XVI DISCIPLINE AND GRIEVANCE PROCEDURE ........................................................ 32 Rule 13-Disciplinary Action.....................................................................32 Rule 17-Grievance Procedure ................................................................37

ARTICLE XVII DUE PROCESS IN INVESTIGATIONS AND DISCIPLINARY MATTERS .............................................................................................................................................................. 40 ARTICLE XVIII WORK ACTIONS............................................................................................................ 40 ARTICLE XIX FULL AGREEMENT............................................................................................ 40 ARTICLE XX SAVINGS CLAUSE.............................................................................................. 41 ARTICLE XXI TERM OF AGREEMENT ..................................................................................... 41

ARTICLE XXII RECOGNITION OF THE ASSOCIATION / CLASSIFICATIONS WITHIN THE BARGAINING UNIT............................................................................................................. 41 Signatures..............................................................................................42 ATTACHMENTS:

EXHIBIT A: SALARY SCHEDULE................................................................................................................ 43 EXHIBIT B: MATERNITY LEAVE POLICY.................................................................................................... 44

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE

PLEASANT HILL POLICE ASSOCIATION

AND THE

CITY OF PLEASANT HILL

ARTICLE I

PREAMBLE
This Memorandum of Understanding ("Agreement") is made and entered into effective July 1, 20222023, by and between the City of Pleasant Hill ("City"), and the Pleasant Hill Police Association ("Association").

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

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

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

ARTICLE II

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

ARTICLE Ill

DEDUCTION OF DUES
Upon receipt of a written “Certified Member List” issued by a duly appointed official of the Association, the City shall deduct dues and Association benefit amounts as determined by the

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Association from police employees’ payroll and remit said amounts to the Association on a semi-monthly basis for the duration of this Agreement.

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

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

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

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

ARTICLE IV

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

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

ARTICLE V

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

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

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

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

ARTICLE VI

SALARIES AND OTHER COMPENSATION
Section A. Salary Increases

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1. Wage increases for sworn members of the Police Association shall be as follows:
a. Effective July 1, 2022 2023 - three and one-quarter percent (3.25%) of base hourly wage rates in effect June 30, 20222023;
b. Effective July 1, 2024 - three and one-quarter percent (3.25%) of base hourly wage rates in effect June 30, 2024;
a.c. Effective July 1, 2025 - three and one-half percent (3.50%) of base hourly wage rates in effect June 30, 2025.

2. Wage increases for civilian members of the Police Association shall be as follows:
a. Effective July 1, 2022 2023 – three and one-quarter percent (3.250%) of base hourly wage rates in effect June 30, 20222023;
b. Effective July 1, 2024 – three and one-quarter percent (3.25%) of base hourly wage rates in effect June 30, 2024;
a.c. Effective July 1, 2025 – three and one-half percent (3.50%) of base hourly wage rates in effect June 30, 2025.

Section B. Sergeant Differential
At each equivalent step, Police Sergeants shall be paid a base salary which is at least fifteen percent (15%) higher than the base salary of Police Officers.

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

Section C. Salary Schedule
The salary schedules effective July 1, 2022 2023, July 1, 2024, and July 1, 2025, for the classifications included within the Pleasant Hill Police Association is are attached as Exhibit A.

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

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

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

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

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

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

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

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

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

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7. Special Duty Assignment as a Canine Officer
Employees assigned to the position of Canine Officer shall be paid for the care, feeding, exercise, and grooming of the canines and the routine, off-duty canine-related maintenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off-duty canine care, and determined it to be twenty-four and one-half (24.5) hours per month. Canine Officers shall therefore be paid 24.5 hours per calendar month of overtime rate of pay based on the canine care hourly pay rate twelve dollars and eighty-two cents ($12.82)thirteen dollars and twentyfour cents ($13.24) per hour at the time this 2022-20232023-2026 MOU took effect.

This results in an overtime rate of nineteen dollars and twenty-four cents ($19.24)nineteen dollars and eighty-six cents ($19.86) per hour and a monthly payment of four hundred seventy-one dollars ($471)four hundred eighty-seven dollars ($487).

The canine rate shall be included in base pay for overtime calculation purposes.

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

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

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

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

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

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

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

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

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

Section F. Acting Pay

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

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

Section G. Call Out Pay for Court Appearances

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section L. Uniform Allowance

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

2. Uniform Allowance for Civilian Personnel
Civilian personnel shall receive a uniform allowance annually, provided all articles of clothing worn as a uniform conform to the standards set by the Chief of Police. The annual uniform allowance paid to civilian personnel in 2021 was nine hundred eighty-seven dollars

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($987). The annual uniform allowance paid to civilian personnel in 2022 2023 is one thousand thirty-six dollars ($1,036)one thousand eighty dollars ($1,080). The City shall adjust this amount to reflect the annual Consumer Price Index for San Francisco, Oakland and San JoseHayward on April 1st of each year.

3. Uniform Allowance for Sworn Personnel
Sworn personnel shall receive a uniform allowance annually. The annual uniform allowance paid to sworn personnel in 2021 was one thousand three hundred fourteen dollars ($1,314).

The annual uniform allowance paid to sworn personnel in 2022 2023 is one thousand three hundred and eighty dollars ($1,380)one thousand four hundred thirty-eight dollars ($1,438).

The City shall adjust this amount to reflect the annual Consumer Price Index for San Francisco, Oakland and San JoseHayward on April 1st of each year, not to exceed a total annual allowance of two-thousand dollars ($2000.00).

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

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

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

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

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

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

ARTICLE VII

WORKING CONDITIONS
Section A. FLSA Work Periods; Rest Periods

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

2. Work Periods for Employees on “3-12" Shift Schedule
In accordance with the FLSA, civilian employees working a "3-12" shift schedule will have "52 week/2,080 hour" work periods as set forth in Section 7(b) of the FLSA, rather than 40-hour workweek periods, and shall be paid overtime in accordance with the requirements of Section 7(b). Sworn employees working a "3-12" shift schedule will continue to have 28-day work periods under Section 7(k) of the FLSA rather than 40- hour workweek periods, and shall be paid overtime in accordance with the requirements of Section 7(k).

3. Rest Period.

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

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

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

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

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

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

Regularly scheduled days off refer to the employee’s weekly and bi-weekly recurring three-day

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

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

All accumulated time under provisions of this benefit shall not exceed a maximum accumulated time of one hundred fifty (100150) hours.

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

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

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

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

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

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

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

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

Section D. Payroll Issues

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

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

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

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equivalent compensatory time for the DST transition and any other overtime worked.

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

The overpaid employee's written request for a grace period must be acknowledged in writing by the Finance Department to be effective.

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

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

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

Section E. Provision of Meals During Emergencies

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

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

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

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

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

ARTICLE VIII

HEALTH AND SAFETY

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

Section B. Hepatitis Vaccinations

1. The City and the Association recognize that employees assigned to this bargaining unit are subject to a greater occupational risk of exposure to the hepatitis viruses. The City and the Association further recognize that it is in both the City's and Association members' benefit to vaccinate against the hepatitis viruses.

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

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

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

ARTICLE IX

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

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

2. Payment for Accrued. Unused Sick Leave
a. Annually

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

An employee who does not opt for cash payment may convert twenty five percent (25%) of the unused portion of the sick leave accrued in the current calendar year to additional vacation time.

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

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

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

9.4.b
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Association's RHS Plan adoption agreement.

Section B. Vacation Leave

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

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

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

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

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

Additionally, the employee must have at least sixty (60) hours of accrued vacation leave at the conclusion of the vacation buy back transaction. The written request for the vacation buy back must be submitted to the Human Resources Manager by the last City business day of November.

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

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

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

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

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

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

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

Section E. Maternity Leave
The City will provide maternity leave in compliance with state and federal law and any City policy adopted with respect to maternity leave. See Exhibit "B" - attached.

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

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

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

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

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

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

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

Section J. Jury Leave

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

Section K. Workers Compensation Leave
If an employee is incapacitated by sickness or injury received in the course of his/her employment, he/she shall be entitled to the benefits provided for him/her under California Labor Code Section 4850, et seq., in lieu of sick leave.

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

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

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

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

ARTICLE X

BENEFITS
Section A. Medical Plan

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

Section B. Deferred Compensation - In Lieu of Medical
Upon proof to the Human Resources Manager of medical coverage from another source, an employees may elect to have the City pay $400.00 per month if eligible for employee only level of coverage, $500.00 per month if eligible for employee +1 level of coverage, or $600 per month if eligible for employee +family level of coverage, on their behalf into the City's Deferred Compensation Plan in lieu of the City's contribution to the employee's medical plan. Such employees shall not be required to make the contributions to medical premiums described in Section A of this Article.

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

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

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

Section F. Disability Insurance

1. Disability Insurance for Civilian Personnel
a. During the first thirty (30) days of disability, a civilian employee is required to utilize sick leave or, if the employee does not have the required thirty (30) days of sick leave time, he or she may use accumulated vacation credits to cover that first thirty (30) days.

9.4.b
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b. If the employee is still disabled after thirty (30) days, he or she qualifies for the continuation of regular salary payments until the first Long Term Disability (L.T.D.) check is received. However, upon receipt of the first disability check, the employee must reimburse the City for any overpayment.
c. The Long Term Disability (L.T.D.), which begins after the thirty (30) day waiting period, is adjusted annually on August 1 to concur with the then-current City wage schedule. While an employee is on disability the City will continue to pay the medical, dental and life insurance premiums for the employee. The City agrees to pay the total cost of L.T.D. premiums. The L.T.D. Plan will pay sixty-six and twothirds percent (66-2/3%) of the employee's base salary.

2. Disability Insurance for Sworn Personnel
L.T.D. for sworn personnel is provided through a contract with PORAC for Sworn personnel. While an employee is on disability, the City will continue to pay the medical, dental and life insurance premiums for the employee. The City agrees to pay the total cost of the L.T.D. payments.

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

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

Section I. CalPERS Retirement

1. The City will continue to provide retirement benefits under the City's present contract with the California Public Employees' Retirement System ("CalPERS" or "PERS") for Sworn and Civilian personnel. This contract includes, but is not limited to, "Single Highest Year" retirement benefit computation, 3%@50 for sworn personnel and 2%@55 for civilian personnel. Effective April 16, 2012, the pension formula was reduced for new members employed on or after April 16, 2012 to 2%@60 for civilian personnel and

9.4.b
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3%@55 for sworn personnel and final compensation for those new employees will be based on a three-year average. On and after January 1, 2013 the provisions of the Public Employee Pension Reform Act of 2013 (“PEPRA”) applies to and determines the CalPERS pension benefits of each “new member” of CalPERS as defined by Government Code section 7522.4. At the time this 2016-19 MOU was adopted by the parties this included the following summarized pension formulas for affected employees, as indicated below:
a. PERS Safety (sworn) members: two and seven tenths percent (2.7%) at age fiftyseven (57) years with final average salary determination based on the three highest consecutive years’ average annual compensation earnable; Miscellaneous PERS members: two percent (2.0%) at age sixty-two (62) years with final average salary determination based on the three highest consecutive years average annual compensation earnable.

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

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

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

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

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

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

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

Section K. Medical Premium Payments Following Retirement

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

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

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

Sick Leave Balance
Upon Retirement
Term of Reimbursement
of Medical Premium
Payments
At least 75% of
accrued sick leave
hours
18 months

9.4.b
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Less than 75% of
accrued sick leave
hours
1year
b. Medical Premium Payment Reimbursements will be capped as follows (based on declaration of employee upon retirement):
• Employee Only - $1000/month
• Employee plus One - $1,500/month
• Employee plus Family - $2,000/month

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

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

ARTICLE Xl

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

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

Section C. Except as provided herein, no change in plan design will be voluntarily incorporated in the City’s provider or carrier agreements unless recommended by a majority vote of the unit representatives participating in the HCCC and in attendance for the pre-scheduled vote, agreed upon by the Association, and formally adopted the City

9.4.b
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Council. However, if the monthly premium charged by a provider or carrier would exceed the amount that, after the effective date of the Excise Tax under the Patient Protection and Affordable Care Act (“ACA”), would trigger the Excise tax under the ACA (whether charged directly to the City, provider, or carrier) at the applicable level of enrollment (single or multi-party), the City may implement changes in plan design necessary to reduce the premium to a level that would not trigger the tax. Such change shall be limited in the aggregate to that degree of change reasonably necessary to keep premiums below the tax threshold while maximizing benefits available within the negotiated envelope below the tax threshold. The City will afford the Association an opportunity to meet and discuss the changes before they are implemented. The terms of this Section C reflect all steps required for the City to complete its obligations under the MMBA that may otherwise attach to deciding upon and implementing such changes.

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

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

ARTICLE XIII

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

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

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

2. The selection process will consist of the following steps:
a. Evaluation of the application to ensure that minimum qualifications are met. b. Written evaluation of all qualified applicants by all available department supervisors (Sergeants). This evaluation will account for fifty percent (50%) of the total score. c. Oral interview to measure job knowledge, education, job performance, and past

9.4.b
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work experience. This portion will account for fifty percent (50%) of the total score. The oral interview panel shall be comprised of persons who have not participated in the written evaluation.

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

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

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

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

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

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

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

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

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

Assignments to the SWAT team shall be effective until relieved.

Rotations of special duty assignments shall run concurrently with patrol rotations. This may be varied by the Chief of Police with notice to the Association, based upon the needs of the organization.

ARTICLE XIV

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

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

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

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recognition agreement with California; and
d. Possession of an Advanced California P.O.S.T. certificate.

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

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

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

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

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

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

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

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

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special duty assignment as a Sergeant (from the list set forth in Section D.4. below), and prior successful completion of one (1) special duty assignment from the list set forth in Section D.2. below; AND

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

Section D. Special Duty Assignments
From time to time the Chief of Police at his discretion may add existing Special Duty Assignments to the criteria listed below. Prior to implementation, the City shall offer to meetand-confer with the Association over the impacts of the additional Special Duty Assignment to the criteria for the Master Officer/Corporal/Sergeant Program. The Parties shall memorialize any Agreement that may result in the form of a written side letter.

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

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

3. Corporal Special Duty Assignments
Special duty assignments for corporals shall include the following:
a. Detective Corporal.

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

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

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

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

6. Professional Standards Sergeant Assignment Selection and Conditions a. The selection process for the Professional Standards Sergeant assignment will include a letter of interest, determination of minimum qualifications, evaluation by all available Division Commanders, and an interview panel. The Chief of Police will review the results and, in his/her discretion, make an appointment to the assignment.

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b. The Professional Standards Sergeant will report directly to the Captain and will typically work a four/ten schedule on weekdays. However, the Chief of Police retains discretion to alter this schedule and applicable assigned duties, particularly during peak periods (e.g., July 4). During office work hours, the Professional Standards Sergeant is expected to wear professional business attire or uniform. The Professional Standards Sergeant assignment is a special assignment subject to change by the Chief of Police; there is no property interest in retaining such special assignment.

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

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

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

ARTICLE XV

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

ARTICLE XVI

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

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time. For convenience the current rules are duplicated below:

RULE 13

DISCIPLINARY ACTION

13.1 Introduction. The appointing authority shall have disciplinary and removal authority and responsibility, and shall be allowed full freedom in his/her action on such matter, but subject in all respects to these rules and regulations, and to prior notification of the Human Resources Manager and approval of the City Manager. It is the intent and spirit of these rules to provide a fair and just approach to municipal employment in order that the City employees and officers may be selected on the basis of merit, but in no sense to handicap or curtail management in securing sufficient service. All persons holding positions in the permanent classified service shall be subject to suspension without pay for a period not to exceed thirty (30) calendar days within a fiscal year and also to demotion or removal from office or employment for misconduct, incompetency, inefficiency, or failure to perform duties or to observe the rules and regulations of the City, Department, or Office, but subject to the right of appeal of the aggrieved party to the appropriate appeal processes.

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

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

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

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

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

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

13.3e Dishonesty involving employment.

13.3f Unless authorized to do so, consuming, possessing an open container of, or being under the influence of, an alcoholic beverage while on duty. And/or, illegally using, consuming, injecting or otherwise ingesting, possessing, being

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under the influence of, selling or offering for sale, while on duty, any controlled substance as that term is defined in the California Health and Safety Code.

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

13.3h Inexcusable absence without leave, including failure to return to work as scheduled upon expiration of an authorized leave of absence.

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

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

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

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

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

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

13.30 Knowingly failing to follow the procedures governing grievance.

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

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

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

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

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

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

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

13.4 Kinds of Action. The disciplinary action may be reprimand, suspension without pay, disciplinary demotion, reduction in step, dismissal, or any appropriate combination of these.

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

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

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

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

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

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

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

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

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Reduction may be permanent or temporary.

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

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

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

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

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

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

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

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

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

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13.8.a Appeal to City Manager

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

13.8.a (2) The employee may be represented by any person of his/her choosing at the appeal hearing. The employee and his/her representative may use a reasonable amount of work time as determined by the appropriate Department Head for the preparation and presentation of the appeal.

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

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

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

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

13.8.b Binding Arbitration

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

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

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

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

13.9 Reimbursement for Loss of Pay.

13.9.a If the disciplinary action is subsequently revoked or modified, the employee is

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entitled to reimbursement for loss of City pay, if any. Reimbursement is limited to the period of time between the effective date of disciplinary action and the date of final decision on the appeal.

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

RULE 17

GRIEVANCE PROCEDURE
The following provision shall be applicable to employees under these Rules.

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

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

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

The grievance procedures do not apply to:
a. disciplinary actions, which are governed by Rule 13;

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b. the determination of the contents of a job classification or a decision to reclassify a position;
c. the determination of procedures and standards for employment and promotion; d. items which require capital expenditure;
e. items subject to the meet and confer process as defined in the California Government Code;
f. all City rights reserved in the City's employer-employee relations resolution.

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

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

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

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

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

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

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

17.6 Grievance Procedure - Human Resources Manager Review If the complainant is not satisfied with the Department Head's decision, he/she may within

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ten (10) working days of the date of the Department Head's decision, request in writing a meeting with the Human Resources Manager. If no request is received within ten (10) working days, the complaint procedure ends.

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

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

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

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

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

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

ARTICLE XVII

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

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

ARTICLE XVIII

WORK ACTIONS

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

ARTICLE XIX

FULL AGREEMENT
It is understood this Agreement represents a complete and full understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and such action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request.

ARTICLE XX

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

ARTICLE XXI

TERM OF AGREEMENT
This Agreement shall be effective as of July 1, 2022 2023 and shall continue in full force and effect through midnight, June 30, 20232026.

ARTICLE XXII

RECOGNITION OF THE ASSOCIATION/

CLASSIFICATIONS WITHIN THE BARGAINING UNIT

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

Community Service Officer I; Community Service Officer II; Evidence Community Service Officer; Dispatcher I; Dispatcher II; Police Trainee; Support Services Supervisor; Police Officer; Corporal; Police Sergeant.
[Signatures on next page]

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Signed this day of , 20222023.

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

By: By:

Tim Flaherty, Mayor Aaron McGraw, President
By: By:

Ethan Bindernagel, City Manager Andrew Gartner, Committee Member By:

Rishi Negi, Committee Member
By:

Jeremy Poggio, Committee Member
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Janet Coleson, City Attorney Joseph Lucia, Esq.

Rains Lucia Stern St. Phalle &
Silver, PC

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APPENDIX A
City of Pleasant Hill Police Association
Salary Schedules
Effective 07/01/2023 – 3.25% COLA Sworn
Effective 07/01/2023 – 3.25% COLA Civilian

RANGE A B C D E F G POSITION
28 $5,279 $5,600 $5,885 $6,171 $6,488 $6,809 Community Service Officer I 37 $5,508 $5,883 $6,165 $6,478 $6,802 $7,144 Community Service Officer II 49 $5,841 $6,185 $6,488 $6,821 $7,164 $7,532 Evidence Community Service Officer 57 $6,252 $6,631 $6,967 $7,313 $7,677 $8,059 Dispatcher I 70 $6,538 $6,967 $7,311 $7,678 $8,064 $8,468 Dispatcher Ii 112 $6,546 $0 $0 $0 $0 $0 Police Trainee
116 $7,878 $8,376 $8,790 $9,230 $9,692 $10,174 $10,683 Police Officer 117.5 $8,437 $8,972 $9,415 $9,879 $10,377 $10,894 Support Services Supervisor-Non-Sworn 118 $8,272 $8,795 $8,790 $9,691 $10,177 $10,683 $11,218 Master Police Officer* 119 $8,272 $8,799 $9,232 $9,692 $10,177 $10,685 $11,219 Police Corporal 120 $8,685 $9,238 $9,232 $10,177 $10,685 $11,219 $11,780 Master Police Corporal* 141 $9,471 $10,051 $10,545 $11,074 $11,633 $12,215 $12,826 Police Sergeant 142 $9,944 $10,554 $11,073 $11,629 $12,215 $12,826 $13,467 Master Police Sergeant* _______________
Effective 07/01/2024 – 3.25% COLA Sworn
Effective 07/01/2024 – 3.25% COLA Civilian

RANGE A B C D E F G POSITION
28 $5,451 $5,782 $6,077 $6,371 $6,699 $7,031 Community Service Officer I 37 $5,687 $6,074 $6,365 $6,689 $7,023 $7,377 Community Service Officer II 49 $6,031 $6,386 $6,699 $7,043 $7,396 $7,777 Evidence Community Service Officer 57 $6,455 $6,847 $7,194 $7,551 $7,926 $8,321 Dispatcher I 70 $6,751 $7,194 $7,548 $7,928 $8,326 $8,744 Dispatcher II 112 $6,758 $0 $0 $0 $0 $0 Police Trainee
116 $8,134 $8,648 $9,076 $9,530 $10,007 $10,505 $11,030 Police Officer 117.5 $8,711 $9,264 $9,721 $10,200 $10,714 $11,248 Support Services Supervisor-Non-Sworn 118 $8,541 $9,081 $9,076 $10,006 $10,508 $11,030 $11,582 Master Police Officer* 119 $8,541 $9,084 $9,532 $10,007 $10,508 $11,032 $11,584 Police Corporal 120 $8,968 $9,538 $9,532 $10,508 $11,032 $11,584 $12,163 Master Police Corporal* 141 $9,779 $10,378 $10,888 $11,434 $12,011 $12,612 $13,243 Police Sergeant 142 $10,267 $10,897 $11,433 $12,006 $12,612 $13,243 $13,905 Master Police Sergeant* _______________
Effective 07/01/2025 – 3.50% COLA Sworn
Effective 07/01/2025 – 3.50% COLA Civilian

RANGE A B C D E F G POSITION
28 $5,642 $5,984 $6,289 $6,594 $6,933 $7,277 Community Service Officer I 37 $5,886 $6,287 $6,588 $6,923 $7,269 $7,635 Community Service Officer II 49 $6,242 $6,610 $6,933 $7,290 $7,655 $8,049 Evidence Community Service Officer 57 $6,681 $7,086 $7,445 $7,815 $8,204 $8,612 Dispatcher I 70 $6,987 $7,445 $7,812 $8,205 $8,617 $9,050 Dispatcher II 112 $6,995 $0 $0 $0 $0 $0 Police Trainee
116 $8,419 $8,951 $9,393 $9,863 $10,358 $10,873 $11,416 Police Officer 117.5 $9,016 $9,588 $10,061 $10,557 $11,089 $11,642 Support Services Supervisor-Non-Sworn 118 $8,840 $9,399 $9,393 $10,356 $10,875 $11,416 $11,988 Master Police Officer* 119 $8,840 $9,402 $9,866 $10,358 $10,875 $11,419 $11,989 Police Corporal 120 $9,281 $9,872 $9,866 $10,875 $11,419 $11,989 $12,589 Master Police Corporal* 141 $10,121 $10,741 $11,269 $11,834 $12,432 $13,054 $13,706 Police Sergeant 142 $10,627 $11,278 $11,833 $12,427 $13,054 $13,706 $14,391 Master Police Sergeant*

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Packet Pg. 145 Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA)

APPENDIX B

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

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

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

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

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

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

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

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

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

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

R:'MATERNITY LEAVE POLICY - Revised 07112

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Packet Pg. 146 Attachment: Exhibit 1 - Redline Comparison Document (MOU with PHPA)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE PLEASANT HILL POLICE ASSOCIATION AND

THE CITY OF PLEASANT HILL
July 1, 2023 to June 30, 2026

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Packet Pg. 147 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) ii

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

1. Introduction .............................................................................5

2. Field Training Officer (“FTO”)...................................................5

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

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

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

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

7. Special Duty Assignment as Canine Officer.............................6

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

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

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

11. Shift Differential.......................................................................7

12. Community Resource Officer ..................................................7

13. School Resource Officer ........................................................7

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

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

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

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

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Packet Pg. 148 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) iii
Section L. Uniform Allowance.................................................................10

1. Time of Payment....................................................................10

2. Uniform Allowance for Civilian Personnel...............................10

3. Uniform Allowance for Sworn Personnel ................................10 Section M. Bilingual Pay.........................................................................10 Section N. Vehicles for Investigators ......................................................10 ARTICLE VII WORKING CONDITIONS.......................................................................11 Section A. FLSA Work Periods; Rest Periods.........................................11

1. Basic Work Period .................................................................11

2. Work Periods for Employees on “3-12” Shift Schedule...........11

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

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

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

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

2. Payment for Accrued, Unused Sick Leave .............................15 a. Annually ......................................................................15 b. Upon Separation From Employment
Other Than Retirement ........................................15 c. Upon Death While Still Employed ................................15 d. Upon Retirement .........................................................15 Section B. Vacation Leave .....................................................................16

1. Earning of Vacation Leave .....................................................16

2. Payment for Accrued, Unused Vacation Leave ......................17 Section C. Holidays ................................................................................18 Section D. Personal Leave Day..............................................................18 Section E. Maternity Leave.....................................................................18 Section F. Medical Leave .......................................................................18 Section G. Family and Medical Leave ....................................................19 Section H. Personal Leave of Absence ..................................................19 Section I. Military Leave ........................................................................19 Section J. Jury Leave .............................................................................19

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Packet Pg. 149 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) iv
Section K. Workers Compensation Leave ..............................................19 Section L. Bereavement Leave...............................................................20 Section M. Immediate Family .................................................................20 ARTICLE X BENEFITS..............................................................................................20 Section A. Medical Plan..........................................................................20 Section B. Deferred Compensation – In Lieu of Medical.........................20 Section C. Dental Insurance...................................................................21 Section D. Vision Plan............................................................................21 Section E. Life Insurance........................................................................21 Section F. Disability Insurance ...............................................................21

1. Disability Insurance for Civilian Personnel..............................21

2. Disability Insurance for Sworn Personnel...............................21 Section G. [RESERVED] ........................................................................22 Section H. (Deferred Compensation (457 Plan)......................................22 Section I. CalPERS Retirement ..............................................................22 Section J. Educational Expense Reimbursement ...................................23 Section K. Medical Premium Payments Following Retirement................24

1. Employees Hired Prior to August 1, 2011 with at Least 20 Years of Service.........................................................24

2. Employees Hired Prior to August 1, 2011 with at Least 15 Years of Service but Less than 20 Years....................24

3. Employees Hired After August 1, 2011 ..................................25

4. Employees Eligible for Disability Retirement ..........................25 ARTICLE XI HEALTHCARE COST CONTAINMENT COMMITTEE ...........................25 ARTICLE XII ICMA VANTAGECARE RETIREE HEALTH SAVINGS PLAN ("RHS PLAN") FOR POST RETIREMENT HEALTHCARE COSTS...................26 ARTICLE XIII SPECIAL DUTY SELECTION PROCEDURE.........................................26 Section A. Screening and Selection .......................................................26 Section B. Duration of Special Duty Assignments...................................27 Section C. Temporary Assignments .......................................................27 Section D. Miscellaneous Provisions......................................................27 ARTICLE XIV MASTER OFFICER/CORPORAL/SERGEANT PROGRAM ...................28 Section A. Master Police Officer Program...............................................28

1. Police Officers........................................................................28

2. Lateral Peace Officers............................................................28 Section B. Master Corporal Program......................................................29 Section C. Master Sergeant Program .....................................................29 Section D. Special Duty Assignments.....................................................30

1. For Lateral Officers ................................................................30

2. Officer Special Duty Assignments ..........................................30

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Packet Pg. 150 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) v

3. Corporal Special Duty Assignments.......................................30

4. Sergeant Special Duty Assignments ......................................31

5. Fulfillment of Special Duty Assignments - Defined .................31

6. Professional Standards Sergeant Assignment Selection and Conditions ................................................................31 Section E. Responsibilities .....................................................................32 Section F. Application Process ...............................................................32 Section G. Pay Differential......................................................................32 ARTICLE XV NOTICE OF LAYOFFS...........................................................................32 ARTICLE XVI DISCIPLINE AND GRIEVANCE PROCEDURE......................................32 Rule 13-Disciplinary Action.....................................................................33 Rule 17-Grievance Procedure ................................................................38

ARTICLE XVII DUE PROCESS IN INVESTIGATIONS AND DISCIPLINARY MATTERS .................................................................................................................................................40 ARTICLE XVIII WORK ACTIONS ...................................................................................41 ARTICLE XIX FULL AGREEMENT...............................................................................41 ARTICLE XX SAVINGS CLAUSE................................................................................41 ARTICLE XXI TERM OF AGREEMENT........................................................................41

ARTICLE XXII RECOGNITION OF THE ASSOCIATION / CLASSIFICATIONS WITHIN THE BARGAINING UNIT..........................................................42 Signatures..............................................................................................42 ATTACHMENTS:

EXHIBIT A: SALARY SCHEDULE ............................................................................................43 EXHIBIT B: MATERNITY LEAVE POLICY................................................................................44

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Packet Pg. 151 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

PLEASANT HILL POLICE ASSOCIATION

AND THE

CITY OF PLEASANT HILL

ARTICLE I

PREAMBLE
This Memorandum of Understanding ("Agreement") is made and entered into effective July 1, 2023, by and between the City of Pleasant Hill ("City"), and the Pleasant Hill Police Association ("Association").

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

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

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

ARTICLE II

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

ARTICLE Ill

DEDUCTION OF DUES
Upon receipt of a written “Certified Member List” issued by a duly appointed official of the Association, the City shall deduct dues and Association benefit amounts as determined by the

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Packet Pg. 152 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 2
Association from police employees’ payroll and remit said amounts to the Association on a semi-monthly basis for the duration of this Agreement.

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

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

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

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

ARTICLE IV

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

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Packet Pg. 153 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 3
employment relations with the City. An employee or an employee representative shall have reasonable time off as requested and approved, without loss of compensation or benefits to formally meet and confer with management on matters within the scope of representation."
Section B. Equal Employment Opportunity
The City is an equal employment opportunity employer. No person shall be discriminated against with respect to his/her employment on the basis of race, color, religion, gender (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical or mental disability, legally protected medical condition, family care status, veteran status, marital status, sexual orientation, or any other basis protected by federal or California state law.

ARTICLE V

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

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

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

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

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Packet Pg. 154 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 4

ARTICLE VI

SALARIES AND OTHER COMPENSATION
Section A. Salary Increases

1. Wage increases for sworn members of the Police Association shall be as follows:
a. Effective July 1, 2023 - three and one-quarter percent (3.25%) of base hourly wage rates in effect June 30, 2023;
b. Effective July 1, 2024 - three and one-quarter percent (3.25%) of base hourly wage rates in effect June 30, 2024;
c. Effective July 1, 2025 - three and one-half percent (3.50%) of base hourly wage rates in effect June 30, 2025.

2. Wage increases for civilian members of the Police Association shall be as follows:
a. Effective July 1, 2023 – three and one-quarter percent (3.25%) of base hourly wage rates in effect June 30, 2023;
b. Effective July 1, 2024 – three and one-quarter percent (3.25%) of base hourly wage rates in effect June 30, 2024;
c. Effective July 1, 2025 – three and one-half percent (3.50%) of base hourly wage rates in effect June 30, 2025.

Section B. Sergeant Differential
At each equivalent step, Police Sergeants shall be paid a base salary which is at least fifteen percent (15%) higher than the base salary of Police Officers.

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

Section C. Salary Schedule
The salary schedules effective July 1, 2023, July 1, 2024, and July 1, 2025, for the classifications included within the Pleasant Hill Police Association are attached as Exhibit A.

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

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Packet Pg. 155 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 5

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

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

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

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

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

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

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

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Packet Pg. 156 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 6
c. During specific SWAT details.

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

7. Special Duty Assignment as a Canine Officer
Employees assigned to the position of Canine Officer shall be paid for the care, feeding, exercise, and grooming of the canines and the routine, off-duty canine-related maintenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off-duty canine care, and determined it to be twenty-four and one-half (24.5) hours per month. Canine Officers shall therefore be paid 24.5 hours per calendar month of overtime rate of pay based on the canine care hourly pay rate thirteen dollars and twenty-four cents ($13.24) per hour at the time this 2023-2026 MOU took effect. This results in an overtime rate of nineteen dollars and eighty-six cents ($19.86) per hour and a monthly payment of four hundred eighty-seven dollars ($487). The canine rate shall be included in base pay for overtime calculation purposes.

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

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

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

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

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Packet Pg. 157 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 7

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

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

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

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

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

Section F. Acting Pay

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

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Packet Pg. 158 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 8

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

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

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

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

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

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

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

Section I. Call Out Pay for Mandatory Meetings
Employees called back to work on a regular day off or regular off-duty time to attend mandatory meetings will receive a minimum of four (4) hours overtime for the meeting, unless the meeting occurs less than four (4) hours prior to the start of their next duty shift (in such

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cases, the employee will receive overtime compensation for all hours preceding the start of his/her shift). Employees may be required at the direction of the Division Commander to remain on duty and to perform other work beyond the conclusion of the meeting and will be paid at the overtime rate for any additional time worked in excess of four (4) hours up to the start of his/her shift.

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

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

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

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

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

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

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

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Section L. Uniform Allowance

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

2. Uniform Allowance for Civilian Personnel
Civilian personnel shall receive a uniform allowance annually, provided all articles of clothing worn as a uniform conform to the standards set by the Chief of Police. The annual uniform allowance paid to civilian personnel in 2023 is one thousand eighty dollars ($1,080).

The City shall adjust this amount to reflect the annual Consumer Price Index for San Francisco, Oakland and Hayward on April 1st of each year.

3. Uniform Allowance for Sworn Personnel
Sworn personnel shall receive a uniform allowance annually. The annual uniform allowance paid to sworn personnel in 2023 is one thousand four hundred thirty-eight dollars ($1,438).

The City shall adjust this amount to reflect the annual Consumer Price Index for San Francisco, Oakland and Hayward on April 1st of each year, not to exceed a total annual allowance of two-thousand dollars ($2000.00).

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

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

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

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

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

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ARTICLE VII

WORKING CONDITIONS
Section A. FLSA Work Periods; Rest Periods

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

2. Work Periods for Employees on “3-12" Shift Schedule
In accordance with the FLSA, civilian employees working a "3-12" shift schedule will have "52 week/2,080 hour" work periods as set forth in Section 7(b) of the FLSA, rather than 40-hour workweek periods, and shall be paid overtime in accordance with the requirements of Section 7(b). Sworn employees working a "3-12" shift schedule will continue to have 28-day work periods under Section 7(k) of the FLSA rather than 40- hour workweek periods, and shall be paid overtime in accordance with the requirements of Section 7(k).

3. Rest Period.

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

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

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

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

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

For employees who are required to work on a holiday that falls on his/her regularly scheduled

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

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

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

All accumulated time under provisions of this benefit shall not exceed a maximum accumulated time of one hundred fifty (150) hours.

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

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

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

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

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

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

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

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

Section D. Payroll Issues

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

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their accrued compensatory time, vacation time or holiday time to make up the lost work hour.

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

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

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

The overpaid employee's written request for a grace period must be acknowledged in writing by the Finance Department to be effective.

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

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

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

Section E. Provision of Meals During Emergencies

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

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

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

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

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

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provision shall be applied.

ARTICLE VIII

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

Section B. Hepatitis Vaccinations

1. The City and the Association recognize that employees assigned to this bargaining unit are subject to a greater occupational risk of exposure to the hepatitis viruses. The City and the Association further recognize that it is in both the City's and Association members' benefit to vaccinate against the hepatitis viruses.

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

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

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

ARTICLE IX

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

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

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

An employee who does not opt for cash payment may convert twenty five percent (25%) of the unused portion of the sick leave accrued in the current calendar year to additional vacation time.

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

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

In the event of a death due to any other circumstance prior to the eligibility date for normal service retirement, payment shall be provided as in Section A.2.b.of this Article (above). If such death occurs when the employee is eligible for retirement, and he/she would have been eligible for the benefits provided under Section A.2.d.(1) or Section A.2.d.(2) of this Article (see below), then those benefits shall apply instead.
d. Upon Retirement
When an eligible employee retires, the first 2080 hours of his/her accrued sick leave is reported to PERS for purposes of calculating PERS retirement service credit

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pursuant to PERS regulations. Thereafter, one hundred percent (100%) of an employee's accrued sick leave hours over 2080 hours at one hundred percent (100%) of the last day worked salary, calculated at net present value as of the date of retirement, shall be contributed to the employee's ICMA VantageCare Retiree Health Savings Plan ("RHS Plan") account pursuant to the Police Officers Association's RHS Plan adoption agreement.

Section B. Vacation Leave

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

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

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

To the extent this exceeds the accrual rate the new hire would otherwise have enjoyed,

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

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

Additionally, the employee must have at least sixty (60) hours of accrued vacation leave at the conclusion of the vacation buy back transaction. The written request for the vacation buy back must be submitted to the Human Resources Manager by the last City business day of November.

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

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

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

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

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

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

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

Section E. Maternity Leave
The City will provide maternity leave in compliance with state and federal law and any City policy adopted with respect to maternity leave. See Exhibit "B" - attached.

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

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

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

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

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

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

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

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

Section K. Workers Compensation Leave
If an employee is incapacitated by sickness or injury received in the course of his/her employment, he/she shall be entitled to the benefits provided for him/her under California Labor Code Section 4850, et seq., in lieu of sick leave.

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

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scheduled shift.

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

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

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

ARTICLE X

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

Section B. Deferred Compensation - In Lieu of Medical
Upon proof to the Human Resources Manager of medical coverage from another source, an employee may elect to have the City pay $400.00 per month if eligible for employee only level of coverage, $500.00 per month if eligible for employee +1 level of coverage, or $600 per month if eligible for employee +family level of coverage, on their behalf into the City's Deferred Compensation Plan in lieu of the City's contribution to the employee's medical plan. Such

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

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

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

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

Section F. Disability Insurance

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

2. Disability Insurance for Sworn Personnel
L.T.D. for sworn personnel is provided through a contract with PORAC for Sworn personnel. While an employee is on disability, the City will continue to pay the medical, dental and life insurance premiums for the employee. The City agrees to pay the total

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cost of the L.T.D. payments.

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

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

Section I. CalPERS Retirement

1. The City will continue to provide retirement benefits under the City's present contract with the California Public Employees' Retirement System ("CalPERS" or "PERS") for Sworn and Civilian personnel. This contract includes, but is not limited to, "Single Highest Year" retirement benefit computation, 3%@50 for sworn personnel and 2%@55 for civilian personnel. Effective April 16, 2012, the pension formula was reduced for new members employed on or after April 16, 2012 to 2%@60 for civilian personnel and 3%@55 for sworn personnel and final compensation for those new employees will be based on a three-year average. On and after January 1, 2013 the provisions of the Public Employee Pension Reform Act of 2013 (“PEPRA”) applies to and determines the CalPERS pension benefits of each “new member” of CalPERS as defined by Government Code section 7522.4. At the time this 2016-19 MOU was adopted by the parties this included the following summarized pension formulas for affected employees, as indicated below:
a. PERS Safety (sworn) members: two and seven tenths percent (2.7%) at age fiftyseven (57) years with final average salary determination based on the three highest consecutive years’ average annual compensation earnable; Miscellaneous PERS members: two percent (2.0%) at age sixty-two (62) years with final average salary determination based on the three highest consecutive years average annual compensation earnable.

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

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

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

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

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

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

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

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Section K. Medical Premium Payments Following Retirement

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

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

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

Sick Leave Balance
Upon Retirement
Term of Reimbursement
of Medical Premium
Payments
At least 75% of
accrued sick leave
hours
18 months
Less than 75% of
accrued sick leave
hours
1year

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b. Medical Premium Payment Reimbursements will be capped as follows (based on declaration of employee upon retirement):
• Employee Only - $1000/month
• Employee plus One - $1,500/month
• Employee plus Family - $2,000/month

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

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

ARTICLE Xl

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

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

Section C. Except as provided herein, no change in plan design will be voluntarily incorporated in the City’s provider or carrier agreements unless recommended by a majority vote of the unit representatives participating in the HCCC and in attendance for the pre-scheduled vote, agreed upon by the Association, and formally adopted the City Council. However, if the monthly premium charged by a provider or carrier would exceed the amount that, after the effective date of the Excise Tax under the Patient Protection and Affordable Care Act (“ACA”), would trigger the Excise tax under the ACA (whether charged directly to the City, provider, or carrier) at the applicable level of enrollment (single or multi-party), the City may implement changes in plan design necessary to

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reduce the premium to a level that would not trigger the tax. Such change shall be limited in the aggregate to that degree of change reasonably necessary to keep premiums below the tax threshold while maximizing benefits available within the negotiated envelope below the tax threshold. The City will afford the Association an opportunity to meet and discuss the changes before they are implemented. The terms of this Section C reflect all steps required for the City to complete its obligations under the MMBA that may otherwise attach to deciding upon and implementing such changes.

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

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

ARTICLE XIII

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

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

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

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

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

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

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

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

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

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

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

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

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

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grandfathered into the assignment.

Assignments to the SWAT team shall be effective until relieved.

Rotations of special duty assignments shall run concurrently with patrol rotations. This may be varied by the Chief of Police with notice to the Association, based upon the needs of the organization.

ARTICLE XIV

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

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

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

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

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

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

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

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

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

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

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

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

Section D. Special Duty Assignments
From time to time the Chief of Police at his discretion may add existing Special Duty Assignments to the criteria listed below. Prior to implementation, the City shall offer to meetand-confer with the Association over the impacts of the additional Special Duty Assignment to the criteria for the Master Officer/Corporal/Sergeant Program. The Parties shall memorialize any Agreement that may result in the form of a written side letter.

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

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

3. Corporal Special Duty Assignments
Special duty assignments for corporals shall include the following:
a. Detective Corporal.
b. SWAT member as a corporal.
c. Academy TAC corporal.
d. Field Evidence Technician (C.S.I.)
e. Crisis Intervention Team (C.I.T.)
f. Departmental Instruction for one (1) of the following three (3) courses: Firearms

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Instructor, Force Options Instructor, or Driving Team Instructor. (Note: This shall count as only one (1) Special Duty Assignment, even if an individual teaches more than one (1) of the three (3) courses.)

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

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

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

6. Professional Standards Sergeant Assignment Selection and Conditions a. The selection process for the Professional Standards Sergeant assignment will include a letter of interest, determination of minimum qualifications, evaluation by all available Division Commanders, and an interview panel. The Chief of Police will review the results and, in his/her discretion, make an appointment to the assignment. b. The Professional Standards Sergeant will report directly to the Captain and will typically work a four/ten schedule on weekdays. However, the Chief of Police retains discretion to alter this schedule and applicable assigned duties, particularly during peak periods (e.g., July 4). During office work hours, the Professional Standards Sergeant is expected to

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wear professional business attire or uniform. The Professional Standards Sergeant assignment is a special assignment subject to change by the Chief of Police; there is no property interest in retaining such special assignment.

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

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

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

ARTICLE XV

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

ARTICLE XVI

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

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RULE 13

DISCIPLINARY ACTION

13.1 Introduction. The appointing authority shall have disciplinary and removal authority and responsibility, and shall be allowed full freedom in his/her action on such matter, but subject in all respects to these rules and regulations, and to prior notification of the Human Resources Manager and approval of the City Manager. It is the intent and spirit of these rules to provide a fair and just approach to municipal employment in order that the City employees and officers may be selected on the basis of merit, but in no sense to handicap or curtail management in securing sufficient service. All persons holding positions in the permanent classified service shall be subject to suspension without pay for a period not to exceed thirty (30) calendar days within a fiscal year and also to demotion or removal from office or employment for misconduct, incompetency, inefficiency, or failure to perform duties or to observe the rules and regulations of the City, Department, or Office, but subject to the right of appeal of the aggrieved party to the appropriate appeal processes.

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

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

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

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

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

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

13.3e Dishonesty involving employment.

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

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

13.3h Inexcusable absence without leave, including failure to return to work as scheduled upon expiration of an authorized leave of absence.

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

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

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

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

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

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

13.30 Knowingly failing to follow the procedures governing grievance.

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

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

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

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

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

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

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or City Manager or Department Head.

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

13.4 Kinds of Action. The disciplinary action may be reprimand, suspension without pay, disciplinary demotion, reduction in step, dismissal, or any appropriate combination of these.

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

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

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

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

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

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

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

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

Reduction may be permanent or temporary.

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

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

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

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

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

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

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

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

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

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13.8.a Appeal to City Manager

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

13.8.a (2) The employee may be represented by any person of his/her choosing at the appeal hearing. The employee and his/her representative may use a reasonable amount of work time as determined by the appropriate Department Head for the preparation and presentation of the appeal.

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

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

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

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

13.8.b Binding Arbitration

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

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

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

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

13.9 Reimbursement for Loss of Pay.

13.9.a If the disciplinary action is subsequently revoked or modified, the employee is

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Packet Pg. 188 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 38
entitled to reimbursement for loss of City pay, if any. Reimbursement is limited to the period of time between the effective date of disciplinary action and the date of final decision on the appeal.

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

RULE 17

GRIEVANCE PROCEDURE
The following provision shall be applicable to employees under these Rules.

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

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

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

The grievance procedures do not apply to:
a. disciplinary actions, which are governed by Rule 13;

9.4.c
Packet Pg. 189 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 39
b. the determination of the contents of a job classification or a decision to reclassify a position;
c. the determination of procedures and standards for employment and promotion; d. items which require capital expenditure;
e. items subject to the meet and confer process as defined in the California Government Code;
f. all City rights reserved in the City's employer-employee relations resolution.

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

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

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

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

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

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

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

17.6 Grievance Procedure - Human Resources Manager Review If the complainant is not satisfied with the Department Head's decision, he/she may within

9.4.c
Packet Pg. 190 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 40
ten (10) working days of the date of the Department Head's decision, request in writing a meeting with the Human Resources Manager. If no request is received within ten (10) working days, the complaint procedure ends.

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

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

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

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

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

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

ARTICLE XVII

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

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

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Packet Pg. 191 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 41

ARTICLE XVIII

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

ARTICLE XIX

FULL AGREEMENT
It is understood this Agreement represents a complete and full understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and such action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request.

ARTICLE XX

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

ARTICLE XXI

TERM OF AGREEMENT
This Agreement shall be effective as of July 1, 2023 and shall continue in full force and effect through midnight, June 30, 2026.

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Packet Pg. 192 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 42

ARTICLE XXII

RECOGNITION OF THE ASSOCIATION/

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

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

Signed this day of , 2023.

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

By: By:

Tim Flaherty, Mayor Aaron McGraw, President
By: By:

Ethan Bindernagel, City Manager Andrew Gartner, Committee Member By:

Rishi Negi, Committee Member
By:

Jeremy Poggio, Committee Member
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Janet Coleson, City Attorney Joseph Lucia, Esq.

Rains Lucia Stern St. Phalle &
Silver, PC

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Packet Pg. 193 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA)

APPENDIX A
City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 43
City of Pleasant Hill Police Association
Salary Schedules
Effective 07/01/2023 – 3.25% COLA Sworn
Effective 07/01/2023 – 3.25% COLA Civilian

RANGE A B C D E F G POSITION
28 $5,279 $5,600 $5,885 $6,171 $6,488 $6,809 Community Service Officer I 37 $5,508 $5,883 $6,165 $6,478 $6,802 $7,144 Community Service Officer II 49 $5,841 $6,185 $6,488 $6,821 $7,164 $7,532 Evidence Community Service Officer 57 $6,252 $6,631 $6,967 $7,313 $7,677 $8,059 Dispatcher I 70 $6,538 $6,967 $7,311 $7,678 $8,064 $8,468 Dispatcher Ii 112 $6,546 $0 $0 $0 $0 $0 Police Trainee
116 $7,878 $8,376 $8,790 $9,230 $9,692 $10,174 $10,683 Police Officer 117.5 $8,437 $8,972 $9,415 $9,879 $10,377 $10,894 Support Services Supervisor-Non-Sworn 118 $8,272 $8,795 $8,790 $9,691 $10,177 $10,683 $11,218 Master Police Officer* 119 $8,272 $8,799 $9,232 $9,692 $10,177 $10,685 $11,219 Police Corporal 120 $8,685 $9,238 $9,232 $10,177 $10,685 $11,219 $11,780 Master Police Corporal* 141 $9,471 $10,051 $10,545 $11,074 $11,633 $12,215 $12,826 Police Sergeant 142 $9,944 $10,554 $11,073 $11,629 $12,215 $12,826 $13,467 Master Police Sergeant* _______________
Effective 07/01/2024 – 3.25% COLA Sworn
Effective 07/01/2024 – 3.25% COLA Civilian

RANGE A B C D E F G POSITION
28 $5,451 $5,782 $6,077 $6,371 $6,699 $7,031 Community Service Officer I 37 $5,687 $6,074 $6,365 $6,689 $7,023 $7,377 Community Service Officer II 49 $6,031 $6,386 $6,699 $7,043 $7,396 $7,777 Evidence Community Service Officer 57 $6,455 $6,847 $7,194 $7,551 $7,926 $8,321 Dispatcher I 70 $6,751 $7,194 $7,548 $7,928 $8,326 $8,744 Dispatcher II 112 $6,758 $0 $0 $0 $0 $0 Police Trainee
116 $8,134 $8,648 $9,076 $9,530 $10,007 $10,505 $11,030 Police Officer 117.5 $8,711 $9,264 $9,721 $10,200 $10,714 $11,248 Support Services Supervisor-Non-Sworn 118 $8,541 $9,081 $9,076 $10,006 $10,508 $11,030 $11,582 Master Police Officer* 119 $8,541 $9,084 $9,532 $10,007 $10,508 $11,032 $11,584 Police Corporal 120 $8,968 $9,538 $9,532 $10,508 $11,032 $11,584 $12,163 Master Police Corporal* 141 $9,779 $10,378 $10,888 $11,434 $12,011 $12,612 $13,243 Police Sergeant 142 $10,267 $10,897 $11,433 $12,006 $12,612 $13,243 $13,905 Master Police Sergeant* _______________
Effective 07/01/2025 – 3.50% COLA Sworn
Effective 07/01/2025 – 3.50% COLA Civilian

RANGE A B C D E F G POSITION
28 $5,642 $5,984 $6,289 $6,594 $6,933 $7,277 Community Service Officer I 37 $5,886 $6,287 $6,588 $6,923 $7,269 $7,635 Community Service Officer II 49 $6,242 $6,610 $6,933 $7,290 $7,655 $8,049 Evidence Community Service Officer 57 $6,681 $7,086 $7,445 $7,815 $8,204 $8,612 Dispatcher I 70 $6,987 $7,445 $7,812 $8,205 $8,617 $9,050 Dispatcher II 112 $6,995 $0 $0 $0 $0 $0 Police Trainee
116 $8,419 $8,951 $9,393 $9,863 $10,358 $10,873 $11,416 Police Officer 117.5 $9,016 $9,588 $10,061 $10,557 $11,089 $11,642 Support Services Supervisor-Non-Sworn 118 $8,840 $9,399 $9,393 $10,356 $10,875 $11,416 $11,988 Master Police Officer* 119 $8,840 $9,402 $9,866 $10,358 $10,875 $11,419 $11,989 Police Corporal 120 $9,281 $9,872 $9,866 $10,875 $11,419 $11,989 $12,589 Master Police Corporal* 141 $10,121 $10,741 $11,269 $11,834 $12,432 $13,054 $13,706 Police Sergeant 142 $10,627 $11,278 $11,833 $12,427 $13,054 $13,706 $14,391 Master Police Sergeant*

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Packet Pg. 194 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA)

APPENDIX B
City of Pleasant Hill and Pleasant Hill Police Employees’ Association Memorandum of Understanding 2023-2026 44

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

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

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

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

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

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

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

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

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

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

R:'MATERNITY LEAVE POLICY - Revised 07112

9.4.c
Packet Pg. 195 Attachment: Exhibit 2 - PHPA MOU July 1, 2023 through June 30, 2026 (MOU with PHPA) 100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Interview and Nominating Committee
Mayor Tim Flaherty, Councilmember Allen Vinson
DATE: July 17, 2023
SUBJECT: Approve Appointment Recommendation to the Diversity Commission The Planning Commission is forwarding the following recommendation for appointment to the Diversity Commission as the Planning Commission representative, and requests the City Council’s confirmation:

APPOINTMENTS TERMS/EXPIRATION DATES
Diversity Commission
Celia Chiang (Planning Commissioner) Through July 2024

9.5 Packet Pg. 196

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 APPROVING AND ADOPTING

DESIGNATED ALTERNATES TO SERVE AS STANDBY OFFICERS TO

ALLOW THE CITY COUNCIL TO RECONSTITUTE ITSELF IN THE

EVENT OF EMERGENCY-CAUSED VACANCIES AND RESCINDING
RESOLUTION NO. 11-23

SYNOPSIS
The City Council has historically adopted a resolution to designate alternates to serve as standby officers, which would allow the City Council to reconstitute itself in the event of emergencycaused vacancies and provide continuity of government. The resolution includes standby officers and appointment of a City Manager. With the recent appointment of Ethan Bindernagel as the new City Manager, a new resolution needs to be adopted updating the standby list to allow the City Council to reconstitute itself and appoint a City Manager in the event of emergency-caused vacancies and rescinding Resolution No. 11-23.

DISCUSSION
Background
The California Emergency Services Act provides for the preservation of local government in the event of a state of war emergency, state of emergency or a local emergency by allowing the City Council to appoint a succession of standby officers and a City Manager in order to preserve law and order and, so far as possible, continue or restore government services. With the recent appointment of Ethan Bindernagel as the City Manager, the resolution identifying standby officers and City Manager needs to be updated.

Analysis
Pursuant to Government Code § 8638, the City Council has the power to appoint three standby officers for each City Councilmember and the City Manager. The attached proposed resolution includes the names of standby officers that have been selected by each City Councilmember and the City Manager. Each designated standby officer is required to take an oath of office to be scheduled after adoption of the resolution by the City Council and before performing the duties of the office.

9.6 Packet Pg. 197

FISCAL IMPACT
There is no fiscal impact to the City.

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 the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council adopt the proposed resolution approving designated alternates to serve as standby officers to allow the City Council to reconstitute itself in the event of emergency-caused vacancies and rescinding Resolution No. 11-23.

ALTERNATIVES TO RECOMMENDED ACTION
None recommended
ATTACHMENT(S):

Proposed Resolution
Resolution No. 11-23
Prepared by: Juanita Davalos, Acting City Clerk
Approved by: Ethan Bindernagel, City Manager

9.6 Packet Pg. 198
RESOLUTION NO. __-23

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

APPROVING AND ADOPTING DESIGNATED ALTERNATES TO SERVE AS STANDBY

OFFICERS TO ALLOW THE CITY COUNCIL TO RECONSTITUTE ITSELF IN THE

EVENT OF EMERGENCY-CAUSED VACANCIES AND RESCINDING
RESOLUTION NO. 11-23
WHEREAS, disasters/emergencies may strike at any time, without warning, requiring immediate governmental actions; and
WHEREAS, vacancies could occur in city government affecting its ability to carry out its duties during such emergencies; and
WHEREAS, Article 15 of the California Emergency Services Act (the “Act”) (Govt. Code §§ 8635-8644) provides for the preservation of local government in the event of enemy attack, state of emergency or local emergency; and
WHEREAS, the Act allows the governing body of a political subdivision to appoint up to three standby officers for each member of the governing body and the City Manager; and WHEREAS, those standby officers shall be designated numbers 1, 2, and 3 in descending order of succession.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill as follows:

1. The following standby officers are designated and appointed to serve in their posts as standby officers at the pleasure of the City Council for the term of the elected officials:

COUNCILMEMBER STANDBY OFFICER
Councilmember Flaherty 1. William Bankert

2. Chris Tipton

3. Gretchen de la O
Councilmember Noack 1. David Durant

2. Jennifer Ortega

3. John Hanecak
Councilmember Rinn 1. Jody Lawson

2. Oliver Greenwood

3. Chris Osterholt
Councilmember Shess 1. Connor Day

2. Bobby Glover

3. Debbie Shess

9.6.a
Packet Pg. 199 Attachment: Proposed Resolution (Designating Standby Officers 2023) Councilmember Allen Vinson 1. Sandy Vinson

2. Chris Tipton

3. Jim Bonato
City Manager Bindernagel 1. Chief of Police

2. Chief Human Resource Manager

3. Public Works Manager

2. Resolution No. 11-23 is hereby rescinded.

3. The City Clerk is directed to administer the oath of office to the standby officers.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, Acting City Clerk

9.6.a
Packet Pg. 200 Attachment: Proposed Resolution (Designating Standby Officers 2023) RESOLUTION NO. 11-23

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

APPROVING AND ADOPTING DESIGNATED ALTERNATES TO SERVE AS STANDBY

OFFICERS TO ALLOW THE CITY COUNCIL TO RECONSTITUTE ITSELF IN THE

EVENT OF EMERGENCY-CAUSED VACANCIES AND RESCINDING
RESOLUTION NO. 3-21
WHEREAS, disasters/emergencies may strike at any time, without warning, requiring immediate governmental actions; and
WHEREAS, vacancies could occur in city government affecting its ability to carry out its duties during such emergencies; and
WHEREAS, Article 15 of the California Emergency Services Act (the “Act”) (Govt. Code 8635-8644) provides for the preservation of local government in the event of enemy attack, state of emergency or local emergency; and
WHEREAS, the Act allows the governing body of a political subdivision to appoint up to three standby officers for each member of the governing body and the City Manager; and WHEREAS, those standby officers shall be designated numbers 1, 2, and 3 in descending order of succession.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill as follows:

1. The following standby officers are designated and appointed to serve in their posts as standby officers at the pleasure of the CityCouncil forthe term ofthe elected officials:

COUNCILMEMBER STANDBY OFFICER
Councilmember Flaherty 1. William Bankert

2. Chris Tipton

3. Gretchen de la O
Councilmember Noack 1. David Durant

2. Jennifer Ortega

3. John Hanecak
Councilmember Rinn 1. Jody Lawson

2. Heather Rosmarin

3. Chris Osterholt
Councilmember Shess 1. Connor Day

2. Bobby Glover

3. Debbie Shess

9.6.b
Packet Pg. 201 Attachment: Resolution 11-23 (Designating Standby Officers 2023) Councilmember Allen Vinson 1. Sandy Vinson

2. Chris Tipton

3. Jim Bonato
City Manager Catalano 1. Chief of Police

2. Community Development
Director/Assistant City Manager

3. Maintenance Superintendent

2. Resolution No. 3-21 is hereby rescinded.

3. The City Clerk is directed to administer the oath of office to the standby officers.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 27th day of February, 2023, by the following vote:

AYES: Noack, Rinn, Shess, Vinson, Flaherty
NOES: None
ABSENT: None
ABSTAIN: None
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

DANIELLE K. NAVARRO, City Clerk

9.6.b
Packet Pg. 202 Attachment: Resolution 11-23 (Designating Standby Officers 2023) 100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Mayor Timothy M. Flaherty
DATE: July 17, 2023
SUBJECT: Adopt Resolution No. ___ - 23 to Support Local, State and Federal Efforts to Exonerate the Port Chicago 50
Please review and consider adoption of the attached resolution in support of exonerating the Port Chicago 50.

ATTACHMENT(S):
2023 - Template Resolution to Support Exonerating the Port Chicago 50

9.7 Packet Pg. 203
RESOLUTION NO. ___-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT TO SUPPORT LOCAL, STATE AND FEDERAL EFFORTS TO EXONERATE PORT CHICAGO 50 WHEREAS, on July 17, 1944, the deadliest home front disaster of World War II took place when a tragic explosion occurred at the Port Chicago Naval Magazine killing 320 men (of whom 202 were African American) and wounding 390 (of whom 233 were African American); and WHEREAS, Port Chicago Naval Magazine was racially segregated and all sailors loading munitions at the time of the explosion were African American; and WHEREAS, the surviving sailors were entitled to standard survivors’ leave but were denied leave and ordered to clean up after the disaster; and WHEREAS, the surviving sailors were ordered back to handling high explosives before an investigation could determine the cause of the deadly explosion; and WHEREAS, 258 ammunition handlers engaged in peaceful work stoppage rather than return under the same unsafe working conditions; and
WHEREAS, fifty of these men were unlawfully charged with mutiny, prosecuted as guilty and sentenced to prison; and
WHEREAS, three weeks after the work stoppage, a Naval Court of Inquiry report confirmed working conditions and practices enforced by Port Chicago leadership were in violation of Naval safety regulations and federal safety code; and WHEREAS, the actions of the sailors, the public mutiny trial, and public advocacy from their champion Thurgood Marshall, initiated the desegregation of the Navy in February 1946; and WHEREAS, there have been several attempts over the years to appeal the decision, but all have failed; and
WHEREAS, starting in the 1990s, Congressman George Miller worked to preserve the history of the Port Chicago 50 and worked towards their exoneration, and in 1992, his legislation designated the site of the Port Chicago Naval Magazine as a national memorial, which is managed by the National Park Service; and
WHEREAS, in 2009, President Obama signed legislation to incorporate Port Chicago Naval Magazine National Memorial as a full and permanent unit of our National Park System; and

9.7.a
Packet Pg. 204 Attachment: 2023 - Template Resolution to Support Exonerating the Port Chicago 50 (Resolution re Exoneration of Port Chicago 50) WHEREAS, the East Bay Regional Park District received part of the Concord Naval Weapons Station through a Public Benefit Conveyance on July 19, 2019, and has named the park the Thurgood Marshall Regional Park – Home of the Port Chicago 50, which honors the courage and legacy of the Port Chicago 50 and all those who sacrificed their lives in our nation’s ongoing struggle for social justice, racial equality, and workers’ rights; and WHEREAS, Naval historians now recognize the actions of the Port Chicago 50 potentially saved lives and changed the Navy for the better; and
WHEREAS, in 2022, the City of Concord, the City of Albany, the Contra Costa County Board of Supervisors passed resolutions supporting local, state, and federal efforts to exonerate the sailors wrongfully convicted of mutiny following the Port Chicago disaster of 1944.

WHEREAS, in 2022, the State of California successfully passed SJR-15 urging the President of the United States and Congress to restore honor to the sailors unjustly blamed for, and the sailors convicted of mutiny following, the Port Chicago disaster, and to rectify any mistreatment by the military of those sailors, including the full exoneration of those who were convicted at court-martial; and
WHEREAS, in 2023, US Representative Mark DeSaulnier (CA-11), US Representative Barbara Lee (CA-12) and US Representative John Garamendi (CA-08) introduced a resolution recognizing the victims of the Port Chicago disaster and calling for the exoneration of the Port Chicago 50; and
WHEREAS, in June 2023, the Philadelphia 15 were exonerated by Assistant Secretary of the Navy Franklin Parker. This case serves as an example and pathway to exonerate the Port Chicago 50.

NOW, THEREFORE, BE IT RESOLVED, that:

Section 1. The City Council of the City of Pleasant Hill does hereby support these and all efforts to exonerate the Port Chicago 50 and recognize their service to our country.

Section 2. The City Council of the City of Pleasant Hill recognizes the efforts that this case presents in our nation’s struggle for social justice, racial equity, and workers’ rights.

Section 3. The City Council of the City of Pleasant Hill affirms support for all future efforts which urge the President, Congress of the United States, and Secretary of the Navy to take all necessary actions to restore honor to, and rectify the mistreatment by the United States Military

9.7.a
Packet Pg. 205 Attachment: 2023 - Template Resolution to Support Exonerating the Port Chicago 50 (Resolution re Exoneration of Port Chicago 50) of, any sailors who were unjustly blamed for and convicted of mutiny after the Port Chicago disaster, which occurred in the town of Port Chicago, California, in 1944.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:
. ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, Acting City Clerk

9.7.a
Packet Pg. 206 Attachment: 2023 - Template Resolution to Support Exonerating the Port Chicago 50 (Resolution re Exoneration of Port Chicago 50)

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND IF NO MAJORITY PROTEST IS FILED ADOPT RESOLUTION NO.__ -23 APPROVING INCREASES TO

WATER SERVICE CHARGES FOR THE DIABLO VISTA WATER
SYSTEM

SYNOPSIS
The purpose of this item is for the City Council to conduct a public hearing to consider adopting increases to the rates for water service charges within the Diablo Vista Water System (DVWS).

The usage fee rate has not increased since 2004-05, and it is necessary to increase rates to address increases in operating costs and to fund needed capital improvements identified in a 10- year forecast.

Staff and the DVWS Advisory Committee recommend Council conduct a public hearing to review the proposed increase to Water Rate fees for the DVWS.

DISCUSSION
Background
In 1950, the Diablo Vista Water District was formed to provide untreated canal water for irrigation purposes to 475 homes bounded roughly by Oak Park Boulevard, the Contra Costa canal, Boyd Road and Patterson Boulevard, known locally in Pleasant Hill as "Poet's Corner." Each of the lots are similar in size and use. In the 1960’s, the Diablo Vista Water District merged with the City of Pleasant Hill (“City”) and became the Diablo Vista Water System (DVWS). With the merger, the City maintains title to the former district property in trust for the benefit of property owners within the DVWS boundaries (Ordinance No. 87). A Diablo Vista Water Advisory Committee (Advisory Committee) was formed in order to administer and ensure the continued operation and maintenance of water service. The Committee reports to the City Council with matters relating to the water system. Under Pleasant Hill Municipal Code section 13.20.030, the City Council establishes service charges for these water users by resolution.

In 1983, the City Council authorized the first usage fee in the amount of $36 per customer. Prior to 1983, only the revenue collected from the secured property tax supported the operation of the DVWS. This fee was authorized to supplement the secured property tax for the ongoing operations

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and maintenance of the system. Due to the rise in operating costs, in 1988, the Council authorized a second increase to $72, and in 2004, this operating fee was increased to $150 per customer, and a new capital improvement fee in the amount of $135 per customer was also approved, to be utilized for capital improvement projects that upgrade the system.

Funding
The DVWS currently is managed by two funds:

Fund 81 (Operational Fund): The operational fund manages the daily operating expenses of the system, including the purchase of raw water, personnel services, administration, and the repair and maintenance of the system.

Fund 82 (Capital Improvement Fund): The capital improvement fund is used for capital projects to upgrade the pump station, water transmission lines, and lateral service connections.

The DVWS is subsidized by two sources:

Secured Property Tax: The County reimburses to the City a nine percent portion of the one percent property tax collected from within the DVWS boundaries. Historically, the secured property tax revenue has been used to fund both Operating and Capital expenses as there are no restrictions on this revenue source. The Finance Department allocates the secured property tax into Fund 81 (Operational Fund).

Usage Fee: Since 1983 each property owner/customer has paid a usage fee to support the operation and maintenance of the DVWS. The current annual usage fee is $285 per household. Its distribution is restricted: $150 per household or $70,500 per year is applied to Fund 81, while $135 per household or $63,450 per year is applied to Fund 82 Operations
Operating expenses include the purchase of raw water, personnel services, administration, repair and maintenance. While the cost for personnel and administration has increased moderately over the years, the cost to purchase water has increased significantly by 77% over the last eighteen years, from $1.379 per 1,000 gallons in 2004, to $2.44 per 1,000 gallons in 2022. The cost for maintenance fluctuates annually due to the uncertainty of needed and emergency repairs.

Capital
To date, the available capital funding has allowed the Advisory Committee to complete one Capital Improvement project every five years, despite the advanced age of the system. Since 2006, only approximately 25% of the existing system has been upgraded. The most recent Capital Improvement Project, the DVWS 12” Main Rehabilitation Phase 2 Project, which was completed in March 2023, had a total project cost (design, inspection and construction) of $667,700. This project, combined with the Phase 1 project completed in 2017, rehabilitated approximately 1,200 linear feet of the existing 12” main distribution line, a necessary project for the long term viability

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of the system. The Phase 2 project was funded from six years of combined Fund 82 savings ($380,700), and available secured property tax funds ($287,000). At the end of FY22/23, the Capital Improvement Project had a cash fund balance of approximately $12,735.

Analysis of System
Historically, the DVWS’s replacement program has used one-time conditions coupled with the Advisory Board’s knowledge to identify and prioritize improvements. This approach has been very effective in identifying projects to address existing weaknesses in the system; however, it does not consider other factors that may impact the overall condition and future pipeline performance. It also does not address the systems long term needs.

In 2022, the City hired Fracta, an expert in existing waterline system analysis, to perform an independent study of the DVWS, to determine the overall viability of the system, and to identify the capital investments required to maintain reliable water service throughout the pipeline system.

This study incorporated advanced asset management techniques to extend the useful life of the existing infrastructure by utilizing a risk assessment to identify and prioritize projects in a proposed Ten Year Capital Improvement Program. This risk assessment considered other factors than those identified above to identify and prioritize needed improvements, and pipes at the highest risk were identified as prioritized projects. At the request of the Advisory Board, a peer review of Fracta’s final report was performed by the Contra Costa Water District, who confirmed Fracta’s findings.

Analysis
The DVWS consists, in general, of: a pump station; approximately 27,000 linear feet of water transmission lines, and 245 lateral service connections. The transmission lines are cast iron, galvanized, asbestos cement and some upgraded PVC pipes. Some lateral service connections have been upgraded, the remainder galvanized pipe laterals need to be replaced. The system is over 70 years old and some infrastructure elements have exceeded their useful life.

While the secured property tax has increased over the years, these additional funds are needed for the current operational costs of the system. If the system is to continue to be functional in the future, increasing investments to ensure a long term Capital Improvement Plan and an appropriate funding source are necessary to provide reliable service to the DVWS customers. Staff has estimated that a complete system overhaul would cost approximately $13.4 million. Staff has identified a smaller and more practicable 10 year Capital Improvement project list of $1.78 million.

Proposed Increase
Currently, the 470 residents served by DVWS pay a flat rate of $285 per year for irrigation water from April to December. The $285 fee is comprised of a $150 usage fee and a $135 capital improvement fee. The usage fee funds Fund 81, the DVWS Operating Fund and covers a portion of normal DVWS operating expenses. The balance of the operating funds are comprised of secured property tax funds. The capital improvement fee funds Fund 82, the DVWS Capital Fund and finances future DVWS improvements to the water distribution system. If available, secured property tax funds may augment the Capital Improvement Funds.

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In order to increase the water service fee accordingly, staff has separated the fee into two:
 Operating Fund: Contra Costa Water District (CCWD) Pass Though Adjustment: for operation expenses
 Capital Improvement Fee: for upgrades to the existing infrastructure Operating Fund
While the usage fee has not increased since 2004-05 tax year, the DVWS’s operating costs have increased. In 2004, the total annual operating expenses for DVWS was $165,967 ($70,500 usage fee, $95,467 secured property tax). In FY 2022-23, the total annual operating expenses for DVWS was $265,959 ($70,500 usage fee, $195,459 secured property tax).

Although the secured property tax revenue has increased 65.8% over the last 20 years ($92,467 was collected in FY2003/04, FY22/23 revenue from secured property tax was $270,719.), these funds are needed to offset the increased operating costs for raw water, electricity, personnel and the ongoing maintenance of the system. There has been more than a 62% increase in operating costs, which include water, utilities, maintenance and personnel, since 2004, with costs expected to continue to rise annually. Water continues to be the DVWS’s largest expenditure, currently 2/3’s of the overall operating costs.

The DVWS purchases water from CCWD, which has adopted increases in the water rates that it imposes on DVWS for 2023. The CCWD Charge increased from approximately $2.44 per 1,000 gallons of water in 2022 to $2.59 per 1,000 gallons of water, or $0.15/1,000 gallons of water in 2023.

Contra Costa Water District Pass (CCWD) Through Adjustment This year, for the first time, the Advisory Board is proposing to pass through to customers the CCWD 2023 increase in the water rate. This cost is $19.15 per user, and was established by taking the average of three years of water usage and multiplying it by $0.15/1,000 gallons/470 users. In addition, the Advisory Board is proposing passing through to its customers in the DVWS service area any future increases in the CCWD water charges that CCWD imposes on DVWS for a five-year period beginning April 1, 2024 and any time thereafter through and including April 1, 2028. The funds generated by this increase will be allocated to the Operating Fund to help offset the rising cost of water.

Staff has projected revenues and operating expenditures through 2032, which includes a 3% increase per year for secured property tax projections. In order to continue to effectively operate the system, by FY 2032/33 the existing customer fee of $150, plus all the projected secured property tax, plus the CCWD pass through water rate increase will be completely required to operate the system. There will be no additional funds to augment the Capital Improvement Program. The analysis is included as Exhibit ”A”.

Capital Improvement Fund:

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The system has been operational since 1950, and capital improvements will be required in the near future to maintain reliable system functionality. As operating costs rise, there will be less, if any, secured property tax funds to augment the Capital Improvement Fund. Therefore, it is necessary to increase the usage fee and allocate the funds to Fund 82, the Capital Improvement Fund. The attached project list (Exhibit ”B”) identifies the desired infrastructure needs /upgrades and priority for the next 10 years.

The proposed increase would be $125, or a flat fee of $410 per year. The increase would result in an additional $58,750, bringing the total annual revenue flowing to Fund 82 to $122,200. This will almost double the funds allocated to the Capital Improvement Fund, providing necessary funding for needed infrastructure preventative maintenance. Staff will work with the Finance Department to review revenue projections for secured property tax, and continue to allocate any available funds to the Capital Improvement Fund as required to fund future Capital Improvement Projects.

The Advisory Committee and staff recommend that the fees, revenues and expenses be reviewed every five years. This will allow the DVWS to maintain a reliable system and have sufficient reserve and cash flow to remain operational in the future, as well as provide for the long term Capital Improvement Projects.

The Advisory Committee, in an effort to reduce the impact of the increased Usage Fee, recommends that the $125 fee be collected over a two-year period in increments starting in 2023.

The combined fee per year is recommended as follows:
 July 1, 2023 $75
 July 1, 2024 $125 ($75 +50)

FISCAL IMPACT
There is no direct fiscal impact on the General Fund associated with adopting the Advisory Boards recommendations. Under the current flat rate of $285 paid by 470 customers (since 5 property owners have opted out of water service), the DVWS collects approximately $133,950 in revenue. Under the proposed flat rate of $410, the DVWS would collect approximately $192,700 in revenue (or a $58,750 increase) to the Capital Improvement Fund. In addition, the 2023 CCWD rate increase of $0.15/1,000 gallons of water will be passed thru to the customer, for an additional $19.15/customer to be applied to the Operating Fund. Any CCWD future increase would also be annually adjusted each April 1, beginning April 1, 2024, to pass through actual cost increases by CCWD for the purchase of water.

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.

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RECOMMENDED CITY COUNCIL ACTION
Conduct public hearing on whether to adopt increases to the rates for untreated irrigation water from DVWS, and receive and consider input from the public. If no majority protest is filed, adopt Resolution.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may consider not passing through the annual CCWD water rate increase; a reduced capital improvement fee; and/or no capital improvement fee increase; and provide direction to staff.

ATTACHMENT(S):

Proposition 218 Public Hearing Notice
Proposed Resolution
Exhibit A – 10 Year Projected Operating Revenues and Expenses Exhibit B – 10 Year Capital Improvement Plan
Prepared by: Ann James, Public Works Manager
Reviewed by: Janet Coleson, City Attorney
Approved by: Scott Vermillion, Acting City Manager

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