Pleasant Hill City Council
January 8, 2024

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
JANUARY 8, 2024
REGULAR MEETING – 7:00 PM
Watch on YouTube at: www.pleasanthillca.org/councilmeeting The public meeting of the City Council will be held in person at City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523.

A Zoom link is provided herewith as a courtesy, but members of the public are advised that they will only have the option to participate via teleconference using the Zoom platform in the event that a member of the legislative body is approved to attend remotely pursuant to the provisions of Assembly Bill 2449. Meeting link: www.zoom.us; Meeting ID: 834 4227 7409; Passcode: 471022 For information on Public Participation Options see below.

City Council Meeting Agenda Page 1 January 8, 2024
Council Chambers, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267

MAYOR MATTHEW RINN COUNCILMEMBER TIMOTHY FLAHERTY

VICE MAYOR SUE NOACK 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), 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.

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.

City Council Meeting Agenda Page 2 January 8, 2024
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 UVerse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

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

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. CLOSED SESSION REPORT

5. PRESENTATIONS

5.1 Reintroduction of Diablo Vista Water System Board Member Gaston Habets

5.2 Presentation by County Clerk-Recorder on 2024 Election Cycle

5.3 Update on Pleasant Hill Library Programs

6. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)

7. COUNCIL ANNOUNCEMENTS AND REPORTS

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

7.2 Announcements from Councilmembers

8. PUBLIC COMMENT:

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

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

City Council Meeting Agenda Page 3 January 8, 2024

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 December 18, 2023

9.2 Approve Checks Dated: December 15, 2023; December 22, 2023

9.3 Approve Mayor’s Appointments of Councilmembers to Various Committees and Boards for 2024 and Ratification of Existing Committees

9.4 Adopt Resolution No.___-24 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding and Approving the Accompanying Salary Schedule for the Professional and Confidential Employees (PACE) Bargaining Unit

9.5 Adopt Ordinance No. ___ Rezoning Housing Opportunity Sites Identified in the 2023-2031 Housing Element and Amending Pleasant Hill Municipal Code Chapter 18.20 (R – Residential Districts), Introducing Chapter 18.22 (Mixed-Use Districts), and Amending Chapter 18.50 (Use Classifications), Chapter 18.55 (Off-Street Parking and Loading) and Chapter 18.140 (Definitions)
Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, no further environmental review is required for the proposed ordinance amendments as the previously certified EIR for the 2040 General Plan adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.

10. ACTION CALENDAR

10.1 Adopt Resolution No. __-24 Accepting Phase I of the Downtown Street Tree Replacement Project No. 03-23 and the Grayson Creek Restoration and Mitigation Project as Complete; Authorizing the City Engineer to Issue and Record a Notice of Completion; and Authorizing the Transfer of $42,321.25 in Unused Project Funds from Downtown Street Tree Replacement Project No. 03-23 (IP-3) to the Sidewalk Maintenance/Gap Closure Program (M4) Exempt pursuant to Section 15301 as a Class 1 categorical exemption

11. ADJOURNMENT
Next City Council Meeting: January 22, 2024

CITY COUNCIL STAFF REPORT
Meeting Date: January 08, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF DECEMBER 18, 2023

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

December 18, 2023 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
December 18, 2023
City Council Meeting Minutes Page 1 December 18, 2023
Mayor Rinn called a Regular Meeting of the City Council to order at 7:05 PM, in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on December 15, 2023, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. CLOSED SESSION REPORT
Mayor Rinn reported that the City Council held a closed session this evening and there is nothing to report.

5. PRESENTATIONS

5.1 Introduction of Education Commissioners Stephanie Canulli and Shahien Shahkar
Councilmember Flaherty introduced new Education Commissioners Stephanie Canulli and though not present, said a few words of introduction regarding Shahien Shahkar.

5.2 Recognition of Carol Wu for Service as City Clerk 2016 - 2021 and City Clerk Recorder from 2021 - 2023
Mayor Rinn presented a proclamation to Carol Wu in recognition of her service as City Clerk from 2016 – 2021 and City Clerk Recorder from 2021 – 2023.

6. CITY MANAGER COMMENTS
Ethan Bindernagel, City Manager, reported that:
 A meeting with the Sherman Acres residents was held on December 16, 2023 regarding the incident that occurred between December 7-9, 2023 on Cleopatra Drive; and
 The City of Pleasant Hill’s Civic Action Commission is seeking performers for the 2024 Sunset by the Lake Summer Concert Series.

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Attachment: December 18, 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 December 18, 2023

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 City of San Ramon on December 7, 2023
Mayor Rinn, Vice Mayor Noack, and Councilmember Flaherty reported their attendance at the Contra Costa Mayors Conference.
(B) Other Meetings Attended at City Expense
Vice Mayor Noack reported her attendance at the East Bay Division of Cal Cities holiday event.

7.2 Announcements from Councilmembers
Councilmember Vinson reported his attendance at the Pleasant Hill Recreation & Park District (“Rec & Park”) Winter Wonderland Holiday Festival; Diablo Regional Concert Band holiday performance; and the Rec & Park reorganization meeting.

Vice Mayor Noack reported her participation with Mayor Rinn in co-hosting Sequoia Elementary School first graders to a tree trimming at City Hall. Vice Mayor Noack reported her attendance at the Pleasant Hill Tourism Improvement District holiday event; Sherman Acres neighborhood meeting; and Pleasant Hill Chamber of Commerce holiday mixer.

Mayor Rinn reported his participation in co-hosting Sequoia Elementary School first graders to a tree trimming at City Hall. Mayor Rinn reported his attendance at the Pleasant Hill Chamber of Commerce holiday mixer; Rec & Park Winter Wonderland Holiday Festival; Sherman Acres neighborhood meeting; and the Democratic Party of Contra Costa County holiday event.

8. PUBLIC COMMENT
Mayor Rinn opened public comment.

The following member of the public appeared in person to provide a comment:
 Bruce Irion
Mayor Rinn closed public comment.

9. CONSENT CALENDAR
Motion (Vinson/Noack) to Approve all consent items, carried as follows:

AYES: Flaherty, Noack, Shess, Vinson, Rinn

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Attachment: December 18, 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 December 18, 2023

9.1 Approve Minutes for the Regular City Council Meeting of December 4, 2023

9.2 Approve Checks Dated: December 01, 2023; December 08, 2023

9.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC

9.4 Resolution No. 81 - 23 Authorizing the Appropriation of $60,000 from Existing Measure K Funds to Fund a New Building Trades Worker Position

9.5 Adopt Resolution No. 82 -23 Approving an Additional Contribution to the Public Agencies Post-Employment Benefits Trust Program with Public Agency Retirement Services (PARS) Section 115 Trust

9.6 Adopt Resolution No. 83-23 Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding for the Pleasant Hill Road/Oak Park Boulevard Crosswalk Enhancement Project

9.7 Adopt Resolutions Authorizing the City Manager to Execute Professional Services Agreements with R.E.Y. Engineers Inc. (Resolution No. 84-23) and Towill, Inc. (Resolution No. 85-23) to Provide Acting City Surveyor and Land Surveying Services

9.8 Adopt Resolution No. 86 -23 Accepting AB 1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2023

9.9 Adopt Resolution No. 87-23 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding and Approving the Accompanying Salary Schedule for the Local 1/AFSCME Bargaining Unit

10. ACTION CALENDAR

10.1 Summary of the City of Pleasant Hill's American Rescue Plan Act (ARPA) Budget and Update on the Business Support Initiative
Erik Cheung, Finance Manager, delivered a presentation that summarized the City’s approved projects and programs funded by the American Rescue Plan Act (ARPA).

Zach Seal, Economic Development Manager, delivered a presentation on the ARPA Business Support Initiative. Mr. Seal explained the benefits to local small businesses from the Pleasant Hill Perks, and the Social Media and Website Technical Assistance Grant Programs.

10.2 Public Hearing and Introduce Ordinance No. ___ Rezoning Housing Opportunity Sites Identified in the 2023-2031 Housing Element and Amending Pleasant Hill Municipal Code Chapter 18.20 (R – Residential Districts), Introducing Chapter 18.22 (Mixed-Use Districts), and Amending Chapter 18.50 (Use Classifications), Chapter 18.55 (Off-Street Parking And Loading) And Chapter 18.140 (Definitions)
Haley Croffoot, Senior Planner, introduced the item.

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Attachment: December 18, 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 December 18, 2023
Brent Gibbons, Senior Project Manager, Mintier Harnish, delivered a presentation explaining the proposal to rezone specific parcels designated as opportunity sites in the 2023-2031 Housing Element, as well as amending various sections of the City’s Zoning Ordinance Municipal Code.

Mr. Gibbons described the rationale and purpose of the proposed amendments.

Brent Gibbons; Michael Gibbons, Project Manager, Mintier Harnish; and Troy Fujimoto, City Planner, responded to questions and concerns from Councilmembers.

Mayor Rinn reported that the City Council received written public comments from the following:
 Bruce Irion
 Jack Prosek
 Heather Rosmarin
The following member of the public appeared in person to provide a comment:
 Bruce Irion
Janet Coleson, City Attorney, responded to Mayor Rinn’s question regarding the parking element.

Mayor Rinn called for a recess at 9:08 p.m.

Mayor Rinn reconvened the meeting at 9:23 p.m.

Mr. Fujimoto made clarifying statements regarding amendments to be made to the proposed ordinance.

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

AYES: Flaherty, Noack, Shess, Vinson, Rinn

11. ADJOURNMENT
Mayor Rinn adjourned the meeting at 9:24 p.m. The next Regular City Council meeting will be held on Monday, January 8, 2024, beginning at 7:00 p.m.

CAROL W. WU, CITY CLERK RECORDER

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Attachment: December 18, 2023 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: January 08, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: DECEMBER 15, 2023; DECEMBER 22, 2023

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Maria Alfredo, Accounting Technician I
Approved by: Erick Cheung, Finance Manager

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Mayor Matt Rinn
DATE: January 8, 2024
SUBJECT: Approve Mayor’s Appointments of Councilmembers to Various Committees and Boards for 2024 and Ratification of Existing Committees

ASSIGNMENTS COUNCILMEMBER(S) ALTERNATE CHAIR
Association of Bay Area Governments (ABAG) Noack Shess
Budget Subcommittee Flaherty & Noack Flaherty
Central Contra Costa Transit Authority (CCCTA)
County Connection Board Representative1
Noack Flaherty
Chamber of Commerce Rinn Shess
East Bay Division - League of CA Cities Shess Flaherty
Economic Development Committee2 Rinn & Shess Rinn
Interview and Nominating Subcommittee Flaherty & Vinson Flaherty General Plan Committee3 Noack & Vinson
John Muir Community Health Fund Board4 Rinn & Joseph Vu (resident)
Marin Clean Energy Rinn Vinson
Mayors’ Conference Rinn Noack
Recreation & Park District Liaison Committee5 Rinn & Vinson Rinn School District Task Force6 Rinn & Vinson Rinn
TRANSPAC Noack Shess
Youth Organizations Liaison (Teen Council, etc.) Rinn Vinson 1 CCCTA Bylaws require appointments to be for two-year terms, however, jurisdictions can change appointments at any time, i.e., to coincide with date of Mayor’s appointment
2 Includes 2 Planning Commissioners, Chamber President, Chamber Government Affairs Committee Chair 3 Council subcommittee
4Two seats on Board may be filled by council members, residents or both 5 Includes two Recreation and Park District Board Members 6 Includes 2 School District Board Members

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CITY COUNCIL STAFF REPORT
Meeting Date: January 08, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___-24 AUTHORIZING THE MAYOR AND

THE CITY MANAGER TO EXECUTE A SUCCESSOR MEMORANDUM

OF UNDERSTANDING AND APPROVING THE ACCOMPANYING

SALARY SCHEDULE FOR THE PROFESSIONAL AND

CONFIDENTIAL EMPLOYEES (PACE) BARGAINING UNIT

SYNOPSIS
Adoption of the proposed resolution would authorize the Mayor and City Manager to execute the successor Memorandum of Understanding (MOU) between the City of Pleasant Hill and the Professional and Confidential Employees (PACE) bargaining unit.

DISCUSSION
Background
A bargaining team composed of IEDA Consultant Greg Ramirez and the City’s Chief Human Resources Officer negotiated with representatives of PACE in good faith to reach agreement on a successor MOU. The parties began meeting on August 9, 2023, prior to the most recent MOU expiring on October 31, 2023. After six negotiation sessions, the parties successfully reached a tentative agreement on Monday, December 18, 2023. The PACE membership held a ratification vote and the tentative agreement was approved by the membership.

Analysis
The City has negotiated in compliance with the Meyers-Milias-Brown Act (MMBA) and all other applicable requirements to reach agreement with PACE 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 November 1, 2023 through October 31, 2026 Annual cost of living adjustment (COLA):
o 3.25% effective September 1, 2023
o 3.25% effective September 1, 2024

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o 3.5% effective September 1, 2025
 Add Step G (2.5%) effective September 1, 2024
 Change in the medical in lieu benefit to a tiered program:
o Employee Only - $400
o Employee + 1 - $500
o Family - $600
 Certification pay (5%) for Notary and Floodplain Manager  Bilingual Pay ($75/month)
 Narrow scope total compensation survey

FISCAL IMPACT
The adoption of the proposed resolution authorizing the execution of the MOU between the City and PACE will increase the City’s costs by approximately $289,319 in salaries and benefits for the life of the contract. The FY 23-24 budget will be increased by $40,413 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 the PACE representatives.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 – Redline Comparison Document
Exhibit 2 – PACE Memorandum of Understanding – November 1, 2023 through October 31, 2026
Prepared by: Ericka R. Mitchell, Chief Human Resources Officer Approved by: Ethan Bindernagel, City Manager

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RESOLUTION NO. -24

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

AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A

SUCCESSOR MEMORANDUM OF UNDERSTANDING AND APPROVING THE

ACCOMPANYING SALARY SCHEDULE FOR THE CITY OF PLEASANT HILL

PROFESSIONAL AND CONFIDENTIAL EMPLOYEES BARGAINING UNIT WHEREAS, the most recent Memorandum of Understanding (“MOU”) covering the Professional and Confidential Employees bargaining unit (“PACE”) expired on October 31, 2023; and WHEREAS, the City Council retained the Industrial Employers and Distributors Association (IEDA) to provide representation services in discussions with PACE 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 PACE; and WHEREAS, meetings have been conducted between the City’s consultant and PACE, 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 PACE membership voted to ratify the tentative terms of the proposed successor MOU; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the terms of the attached MOU are by this reference incorporated herein and shall have effect according to its terms when signed by the authorized representatives of PACE and the City as provided herein. At that time, Resolution No.102-22 approving the expired MOU shall be deemed superseded and rescinded.

BE IT FURTHER RESOLVED, the fiscal year 23-24 budget will be increased by $40,413 to account for these changes.

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 PACE representative(s).

BE IT FURTHER RESOLVED, that the City Council of the City of Pleasant Hill approves and adopts the accompanying Salary Schedule (Exhibit A to the MOU). [Signatures on the Following Page]

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Attachment: Proposed Resolution (PACE Successor MOU)
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 8th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

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Attachment: Proposed Resolution (PACE Successor MOU)

MEMORANDUM OF UNDERSTANDING
Between

CITY OF PLEASANT HILL

PROFESSIONAL & CONFIDENTIAL EMPLOYEES ASSOCIATION
and

CITY OF PLEASANT HILL
November 1, 2022 2023 – October 31, 20232026

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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) ii

TABLE OF CONTENTS

ARTICLE I - RECOGNITION, DUES, MEETINGS ON CITY TIME & USE OF CITY RESOURCES, NEW EMPLOYEE ORIENTATION 1
ARTICLE II – PERSONNEL RULES 2
A. General 2
B. Supplemental Pre-Grievance Process 2
ARTICLE III - TRAINING GUIDELINES/LAYOFF PROCEDURES 3
A. Training Guidelines 3
B. Re-Employment After Layoff 3
ARTICLE IV – HOLIDAYS 3
ARTICLE V - VACATION/PERSONAL LEAVE 4
A. Vacation Leave – General 4
B. Guidelines for Approving Vacation Leave Requests 5
C. Personal Leave 5
ARTICLE VI - SICK LEAVE/LEAVES OF ABSENCE 6
A. Sick Leave 6

1. Accrual of Sick Leave 6

2. Payment for Accumulated Sick Leave 6

3. Sick Leave Conversion Upon Retirement 7

4. Medical Leave 7

5. Family Illness 7

6. Immediate Family 7
B. Other Leaves of Absence 7

1. Jury Leave 7

2. Leave of Absence Without Pay 8

3. Maternity Leave 8

4. Bereavement Leave 8
ARTICLE VII - WORK WEEK/OVERTIME 8
A. Work Hours/Work Week Schedules 8
B. Overtime 9
C. Compensatory Time 10
D. Varying Hours 10

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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) iii
E. Guaranteed Minimum Call Back 10
F. Compensation for After-Hours Work 10
ARTICLE VIII - WAGE PLAN ADMINISTRATIVE PROCEDURES 10
A. Applicable Pay Rates 10

1. Following Promotion 10

2. Following Demotion 10

3. Following Transfer 11

4. Following Salary Range Increases and Decreases 11
B. Pay Status 11
C. Premium Pay for Employees in “Acting Capacity” 11
ARTICLE IX - LONGEVITY PAY PLAN 11
A. Employees Employed as of October 31, 2011 11
B. Employees Employed after October 31, 2011 11
C. Final Year Adjustment 11
D. Exclusion From Final Year Adjustment 12
ARTICLE X - UNIFORM ALLOWANCE AND UNIFORMS 12
ARTICLE XI - MEDICAL, DENTAL, LIFE AND DISABILITY BENEFITS 12 A. Medical 12
B. Dental 13
C. Life Insurance 13
D. Disability Insurance 13
E. IRS 125 Plan 13
F. Vision Plan 13
ARTICLE XII - PERS RETIREMENT 14
A. PERS Classic Miscellaneous Members 14
B. Classic Member Contributions 14
C. PEPRA 14
D. Application of Accumulated Sick Leave to PERS Service Credit 14 ARTICLE XIII - EDUCATIONAL INCENTIVE 14
A. Qualifying Courses 14
B. Scope of Reimbursement 14
C. Required Documentation 15
D. Certificate Pay XX
C.E. B
ilingual Pay XX
ARTICLE XIV - PERFORMANCE EVALUATIONS/BONUS AWARDS 15

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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) iv
A. Performance Evaluations 15
B. Bonus Awards 15
ARTICLE XV - SALARY CHANGES 16
A. Base Wage/Salary Rates Effective November 1, 2023 16 B. Wage/Salary Rate Table 16
C. Total Compensation Survey
D. Add Step to Salary Ranges
B.

C. One-Time Lump Sum Compensation 16
ARTICLE XVI - DEFERRED COMPENSATION 16
ARTICLE XVII - RETIREE HEALTH SAVINGS ACCOUNTS 16
ARTICLE XVIII - COMMENCEMENT OF NEGOTIATIONS 16
ARTICLE XIX - NO STRIKE OR LOCKOUTS 17
ARTICLE XX - FULL AGREEMENT 17
ARTICLE XXI - SAVINGS CLAUSE 17
ARTICLE XXII - CLASSIFICATIONS WITHIN UNIT “B” AND
COVERED EMPLOYEES 17
ARTICLES XXIII - TERM OF AGREEMENT 19
EXHIBIT A - NEW SALARY RANGES (Effective November 1, 2022) 20 EXHIBIT B - MATERNITY LEAVE POLICY 21

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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 5
20222023-2023 2026 Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PLEASANT HILL
AND

CITY OF PLEASANT HILL PROFESSIONAL AND

CONFIDENTIAL EMPLOYEES ASSOCIATION

ARTICLE I

RECOGNITION, DUES, MEETINGS ON CITY TIME & USE OF CITY RESOURCES,

NEW EMPLOYEE ORIENTATION
A. Recognition. Pursuant to Government Code Section 3500 et seq. and City Resolutions No. 25-77 and No. 51-78, the City of Pleasant Hill (“City”) hereby recognizes the Professional and Confidential Association (“Association” or “P.A.C.E.”) as the bargaining representative for purposes of representing City employees in Unit “B” (see Article XX) with respect to their pay, wages, hours and other terms and conditions of employment for the duration of this contract (“Agreement”).

B. Dues. Upon receipt of a written “Certified Member List” issued by a duly appointed official of the Association, the City shall deduct dues and Association benefit amounts as determined by the Association from bargaining unit employee Association member’s 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.

The City shall provide a list of members within five (5) working days upon written request of a duly appointed Association official not more than four (4) times each year. The list shall include all information required by law that the City collects.

C. P.A.C.E. Meetings on City Time. Regular PACE meetings shall not be held on City time, and City equipment and supplies are not to be used for PACE business. City premises can be used if scheduled in advance.

D. NEW EMPLOYEE ORIENTATION. The City will provide a written statement to each new employee hired into a classification in the bargaining unit represented by the Association that the employee’s classification is represented by the Association and the name of a representative of the Association.

The City will provide written notice of New Employee Orientations to the Association, ten (10) business days prior to the event, whenever possible. The new employee orientation notice provided to the Association will include date, time and location of the orientation.

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Representatives of the Association shall be permitted to meet with the employee(s) for up to thirty (30) minutes at the end of the City’s orientation program.

ARTICLE II

PERSONNEL RULES
A. General. The Personnel Rules shall be applied as written for the term of this Agreement; however, the City reserves the right to modify said rules when it is deemed appropriate. The Association will be notified as to changes or modifications if such changes or modifications are a subject for meet and confer purposes. The City will meet with the Association upon their request regarding the application of this provision. If a conflict between a personnel rule and this Agreement occurs, the provisions of this contract shall prevail.

B. Supplemental Pre-Grievance Process. PACE and the City agree that the Grievance Procedure set forth in the Personnel Rules shall be supplemented by an optional “pre-grievance” process for resolving an employee’s concern either: (1) that he/she is working out of class without appropriate compensation; or (2) that he/she has more work than he/she believes can be reasonably handled within the time frame established by his/her supervisor. An employee may elect to use the pre-grievance process when the employee’s own attempts to resolve these work assignment or workload concerns directly with his/her supervisor have been unsuccessful.

An employee wishing to use the optional pre-grievance process shall contact either his/her PACE officer or the Personnel Officer and request initiation of the pre-grievance process. The employee’s request may be verbal or written. If the employee contacts his/her PACE officer with his/her request, the PACE officer shall promptly relay the employee’s request to the Personnel Officer.

Within ten (10) workdays of the Personnel Officer’s receipt of the employee’s request, a pregrievance meeting shall be held, attended by the employee, the employee’s immediate supervisor and/or department head, a PACE officer, and the Personnel Officer or his/her designee. Before proceeding with the pre-grievance meeting, the employee will be required to sign a waiver of any and all objections to the participation of the Personnel Officer, the employee’s supervisor, and the employee’s department head in any subsequent grievance the employee may file over his/her work assignment or workload concern.

The pre-grievance meeting is intended to be an informal, summary method for resolving the employee’s work assignment or workload concern. Neither the Personnel Officer nor the PACE officer is required to do an in-depth investigation of the employee’s work assignment or workload concern.

At the pre-grievance meeting, the participants shall attempt to resolve the employee’s work assignment or workload concern. If unable to do so, the supervisor’s original direction to the employee shall stand, and the employee may pursue other remedies as set forth in the City’s Personnel Rules. If the employee chooses to proceed with a grievance, the initial ten (10) day period for submitting his/her complaint to his/her supervisor shall commence the first workday after the day on which the pre-grievance meeting is held.

The employee must continue to perform the challenged work throughout the pre-grievance process, and shall not be relieved of his/her challenged work until and unless the issue is resolved in his/her favor. The only exception is where the employee’s supervisor, in his/her discretion,

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authorizes the employees to defer performing the challenged work temporarily while the pregrievance process is pending.

ARTICLE III

TRAINING GUIDELINES/LAYOFF PROCEDURES
A. Training Guidelines. When the City has given notice to an employee that a layoff is pending, involving that employee’s position, the City will take reasonable steps to provide a basic training or orientation process which would provide the employee with knowledge and skill which could be used to assist the employee in applying for promotion or transfer to a vacant, budgeted position for which the employee possesses the basic knowledge, skills and abilities or for which the employee can acquire said knowledge, abilities and skills within the sixty (60) day written layoff notice period. Four (4) weeks severance pay may be given in lieu of notice, only if layoffs are due to financial difficulties.

B. Re-employment After Layoff. A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class of position previously held by that employee for a period of six (6) months. An employee so re-employed retains all benefits accrued in prior service with the City. During the layoff, no benefits accrue and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) consecutive days.

Re-employment according to this provision shall be done using the method of seniority, in that the last employee, in a class, laid off will be the first employee to be considered for re-employment in the class.

ARTICLE IV

HOLIDAYS
City Holidays are:

January 1 (New Year’s Day)
Third Monday in January (Martin Luther King, Jr. Day)
February 12 (Lincoln’s Birthday)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
June 19 (Juneteenth)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Thanksgiving Day
Friday Following Thanksgiving
Christmas Eve Day
Christmas Day
Every day proclaimed by the President or Governor and Mayor of this City as a public holiday.

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A City employee who wishes to observe holidays particular to his/her race or religion may do so with the approval of his/her Department Head. This time off is charged to compensatory time or vacation.

When a holiday falls on a Saturday or a Sunday, the following Monday is a holiday for employees whose normal work week is Monday through Friday.

In the case where one or both of the Christmas Eve and Christmas holidays fall on a Saturday and/or Sunday, the actual days of observance shall be as follows:
 If Christmas Eve falls on Saturday and Christmas falls on Sunday, then Christmas Eve will be observed on the following Monday and Christmas will be observed on the following Tuesday.
 If Christmas Eve falls on Friday and Christmas falls on Saturday, then Christmas Eve will be observed on Friday and Christmas on the following Monday.  If Christmas Eve falls on a Sunday and Christmas on Monday, then Christmas Eve will be observed on Monday and Christmas on Tuesday of that same week.

Holidays shall no longer be calculated as 7.5-hour days. Instead, for each employee, a holiday shall be deemed to have the same number of hours as those the employee is normally scheduled to work on that day. Thus, employees who are normally scheduled to work more than 7.5 hours on a day observed as a holiday shall not be required to charge the excess holiday time they receive to vacation leave or compensatory time, or to otherwise “make up” the excess time (for example, by extending their work hours on another day). Conversely, employees who are normally scheduled to work fewer than 7.5 hours on a day observed as a holiday shall not be credited with the “difference” in the form of additional vacation leave or compensatory time, or in any other form.

ARTICLE V

VACATION/PERSONAL LEAVE
A. Vacation Leave – General. Full vacation leave according to the following schedule is earned by:

Employees with full time pay status.

Eligible employees on sick leave or vacation leave with pay.

Eligible employees on jury leave.

1. Members employed as of October 31, 2011 shall accrue vacation as follows:

Years of Service Vacation Days Earned Per Year
1 12
2 12
3 12
4 15
5 15
6 15
7 16
8 16

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9 16
10 18
11 18
12 18
13 18
14 18
15 21
20 23
Upon written request by the employee, City will buy back up to 60 hours of accrued vacation annually, provided the employee has used a minimum of 37 ½ consecutive hours of vacation during the twelve (12) month period immediately preceding the request. One day of holiday time may be substituted for one day of vacation provided that the consecutive time off is at least 37 ½ hours. Additionally, the employee must have at least 60 hours of accrued vacation leave at the conclusion of the vacation buy back transaction.

The written request for the vacation buy back must be submitted to the Personnel Officer by the twenty fifth (25) day of the month preceding the date on which the employee is requesting the payoff.

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

B. Guidelines for Approving Vacation Leave Requests. Supervisors will establish a vacation schedule at the beginning of each calendar year. Thereafter, adjustments may be requested by either the supervisor or employee, with reasonable prior notice, based on personal or organizational needs or problems. Changes, if made, shall be discussed between the supervisor and employee prior to said change being instituted. Vacation time shall be taken in one day increments with prior approval of supervisor. Requests for vacation time off of less than one (1) day, may be approved, based upon circumstances which may be in the best interest of employees and the City.

C. Personal Leave. During the term of this agreement, each employee shall be permitted to take one day off each calendar year as a personal leave day, subject to prior scheduling and supervisor approval. This day must be taken as time off and cannot be taken as pay. In addition, this annual personal leave ay does not carry over or accumulate from year-to-year; rather, if not taken during the calendar year, it expires.

Regardless of the employee’s scheduled work hours on the day selected for personal leave, no time will be charged to his or her accrued vacation leave or compensatory time. Conversely, no time will be added to the employee’s accrued vacation leave or compensatory time.

For example, if an employee is scheduled to work more than 7.5 hours on the day he or she takes as a personal leave day, the employee will not be required to charge the scheduled work time exceeding 7.5 hours to accrued vacation leave or compensatory time.

By the same token, if an employee is scheduled to work less than 7.5 hours on the day he or she takes as a personal leave day, the employee will not have credited to his or her accrued vacation leave or compensatory time the difference between 7.5 hours and the hours actually scheduled to work.

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ARTICLE VI

SICK LEAVE/LEAVE OF ABSENCE
A. Sick Leave.

1. Accrual of Sick Leave. Beginning the first day of the month following the employee’s completion of one (1) month of service an employee earns sick leave with pay at the rate of one (1) day for each calendar month of service. Full sick leave is earned by each regular employee on paid leave of absence which includes sick leave, jury leave, and paid disability accident leave. Sick leave is not earned by an employee on unpaid leave of absence, nor by an employee on leave covered by the City’s private disability plan. An employee may take paid sick leave beginning the second month of employment.

2. Payment for Accumulated Sick Leave.
a. Members employed as of October 31, 2011: An employee who is eligible to accrue sick leave is entitled to receive on the December 5th or January 5th payroll, a cash payment or additional vacation for thirty-three and one-third (33- 1/3) percent of the unused portion of sick leave credit accumulated during that calendar year.

To qualify for payment, the employee shall have to his/her credit on November 30, not less than thirty (30) days of unused sick leave. The rate of pay for this purpose is the rate of pay as of November 30.

The amount of time for which an employee is paid is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. If an employee is terminated/separated after five years’ service from date of employment because of voluntary resignation, death, retirement or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days of unused sick leave to a maximum of twenty-five (25) days.

If an employee is terminated/separated with between fifteen to twenty (15-20) years of service because of voluntary resignation, death, retirement or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days or 25% of unused sick leave at 100% value for a maximum of thirty (30) days.
b. Members employed on or after November 1, 2011 who are eligible to accumulate sick leave are entitled to receive on the December 5th or January 5 th payroll a contribution to their ICMA 457 Deferred Compensation Plan in the amount of twenty percent (20%) of the unused portion of sick leave accumulated during that calendar year.

To qualify for payment, the employee shall have to his/her credit on November 30, not less than thirty (30) days of unused sick leave. The rate of pay for this purpose is the rate of pay as of November 30 of the respective year.

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The amount of time for which an employee is paid is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. If an employee is terminated/separated after five (5) years of service from date of employment because of voluntary resignation, death, retirement or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days or 25% of unused sick leave at 100% value for a maximum of twenty-five (25) days.

3. Sick Leave Conversion Upon Retirement. For members employed as of October 31, 2011: An ICMA VantageCare Retiree Health Savings Plan (“RHS Plan”) is established for employees who have worked with the City for twenty (20) or more years, regardless of age, and who elect to take a retirement. If elected by the employee, the RHS Plan will provide for postretirement healthcare costs with contributions as follows:

One hundred percent (100%) of the employee’s accrued sick leave at one hundred percent (100%) of the last day worked salary, calculated at the net present value as of the date of retirement, shall be contributed to the employee’s RHS Plan account pursuant to the PACE adoption agreement.

In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account, and leaves no spouse or dependents, the remaining amount shall revert back to the City.

For members employed on or after 11/1/11: There is no sick leave conversion upon retirement.

However, such employee’s sick leave may apply for pension purposes to the extent provided under Article XII, section D below.

4. Medical Leave. In the case of an employee’s continued illness after the expiration of sick leave, his/her absence may then be charged to compensatory time accrued or vacation leave accrued, with the approval of the Department Head.

After a thirty (30) day waiting period, an employee may elect to apply for disability insurance. At the employee’s option and with the approval of the City Manager, an employee may elect to continue the use of sick leave prior to applying for disability coverage.

When a full time employee is off work as the result of a valid on-the-job injury sustained in the service of the City, the City shall continue his/her pay in the amount of his/her monthly rate up to but no longer than ninety (90) calendar days.

5. Family Illness. Family medical leave to care for members of the employee’s immediate family will be granted in accordance with state and federal law.

6. Immediate Family. The immediate family of an employee includes his/her spouse, children or stepchildren of either spouse, parent, stepmother, step-father, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law.

B. Other Leaves of Absence.

1. Jury Leave. A regular full-time employee is entitled to receive jury leave with full pay if he/she remits to the City all compensation received from duty. Compensation for mileage is not considered compensation for jury duty. The employee may elect to retain all jury duty compensation, in which case he/she is not entitled to salary while on jury leave.

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2. Leave of Absence Without Pay. A Department Head may grant an employee a leave of absence without pay for not more than ten (10) days when it is in the best interest of the City service. An example is leave for the purpose of additional job-related education or training.

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

A “leave of absence” as used in this section is a privilege which may be granted without pay to a regular employee in good standing who wishes to leave the City service for a limited period. The employee must make a written request to his/her Department Head for such leave, stating the date of the leave and the reason.

3. Maternity Leave. Maternity leave and Pregnancy Disability Leave is granted in accordance with state and federal law. Exhibit “B” which is incorporated herein by this reference, may be modified and revisions implemented as deemed necessary by the City to ensure compliance with law and consistency with City Personnel Rules and Regulations and efficient administrative operations.

4. Bereavement Leave. A full-time employee is allowed a leave of absence with pay not to exceed four (4) working days in the case of death of a member of the employee’s immediate family or grandchildren. With his/her Department Head’s approval, he/she may have two (2) additional working days, which are charged to sick leave or to vacation time. Further absence approved by the Department Head is charged to vacation time. False information given concerning the death or relationship shall be cause for discharge.

ARTICLE VII

WORK WEEK/OVERTIME
A. Work Hours/Work Week Schedules. The hours each City facility is open to the public are set by management based on operational needs, including the need to ensure accessibility for, and service to, members of the public. In its discretion, the City’s management may change these hours, again based on operational needs.

The list below shows the current hours (as of November 2006) when City Hall, the Public Services Center, and the Police Department are open to the general public. Note that, due to the unique nature of its operations, the Police Department is open at all times:

City Hall Public Services Center
Monday 8:30 am – 5:00 pm Monday – Thursday 7:30 am – 4:30 pm Tuesday 8:00 am – 5:00 pm Friday 7:30 am – 11:00 am
Wednesday 8:00 am – 5:00 pm
Thursday 8:00 am – 6:00 pm Police Department
Friday 8:00 am – 1:00 pm Open 24 hours a day, every day In general, PACE employees work a 37.5-hour workweek with no scheduled breaks, other than lunch breaks.

The work schedules for PACE employees at City Hall and the Public Services Center generally conform to the hours their facility is open to the public. However, PACE employees working at City Hall and the Public Services Center may request permission to modify their hours to a work schedule that differs somewhat from the hours their facility is open to the public. Similarly, the

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work schedules for PACE employees working at the Police Department typically correspond to the Department’s administrative hours, 8:30 am – 5:00 pm, Mondays through Fridays. PACE employees working at the Police Department may also request to modify their hours to a different schedule.

To obtain approval for a modified work schedule, all PACE employees must first obtain their supervisor’s approval. In addition, and before an approved modified work schedule can be implemented, it must be reviewed by the Personnel Officer or his/her designee to ensure compliance with the Fair Labor Standards Act (“FLSA”).

A supervisor’s approval of a request for modified work hours and schedule shall not be unreasonably withheld. In determining whether to approve such a request, the supervisor shall consider several objective factors, including, but not limited to: (1) the operational needs of the division, department, and overall organization; (2) the need to ensure adequate staffing during the hours the facility, department or division is open to the public; (3) the need to ensure adequate supervision and fair evaluation of the employee; and (4) the public’s need for service and accessibility; and so forth.

As indicated above, the Police Department is unique in that it operates 24 hours a day, every day of the year. Also, it designates different FLSA work periods for its employees who are members of the City of Pleasant Hill Police Association in connection with alternative work schedules (for example, “3/12-4/12” or “9/80” work schedules).

As a result, police management and/or PACE employees working at the Police Department may need or desire to adjust the PACE employees’ work schedules and FLSA work periods to coordinate with those of their Police Association counterparts, thus ensuring operational efficiencies and optimal service to the public.

Accordingly, PACE and the City agree that, given the Police Department’s unique operational needs and requirements, PACE employees working at the Police Department may have: (1) modified work schedules different from the department’s administrative hours (i.e., different from the Monday-Friday, 8:30 am – 5:00 pm schedule); (2) FLSA work periods different from the 7-day “Monday to Monday” (or any other 7-day) work period, provided the modified schedules and work periods comply fully with FLSA requirements, including overtime requirements and (3) holidays observed on days different from the days holidays are observed by PACE employees working at City Hall and the Public Service Center.

B. Overtime. The City shall pay overtime at the rate of one and one-half (1-1/2) time for all overtime worked above an employee’s normal workday or work week schedule. (“Normal” is here defined as the employee’s approved work schedule, whether or not it conforms to the hours the employee’s facility is open to the public – or, for PACE employees at the Police Department, to that department’s administrative hours of 8:30 am – 5:00 pm, Monday through Friday.) To obtain credit for overtime, an employee shall obtain the prior approval of his/her supervisor. The following provisions shall apply:
 Work Day – Overtime shall apply if time worked is 1/10th of an hour above or below the normal starting or ending time of the employee’s work day.  Double time and one-half provision – Overtime shall be paid at the rate of two and one-half times the employee’s hourly rate for work performed on a regularly scheduled holiday. Pay shall be in lieu of holiday.

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C. Compensatory Time. An employee may accumulate up to eighty (80) hours of overtime computed at the rate of one and one-half times the rate of his/her regular pay. These hours may be used as time off, as scheduled and approved by his/her supervisor.

All overtime above eighty (80) hours will be automatically paid for within the next earliest pay period.

Under an emergency situation, as declared by the City Manager and/or Mayor, the provision of these rules is null and void.

Once a year, the City will agree to buy back compensatory time. Hours eligible for this buy-back provision must be accumulated prior to the last day of the month preceding the date of the request.

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

D. Varying Hours. Employees within the unit are permitted the opportunity to discuss varying their hours within a given work day due to their personal needs or problems. These requests will be handled on a case by case basis between supervisor and the employee, with the final decision being made by the supervisor. The supervisor must be considerate of the employee’s needs and problems, as the employee must be considerate of the City’s needs and problems in managing their daily business. This practice is for meeting temporary or emergency situations.

E. Guaranteed Minimum Call Back. With Supervisor approval, when a full-time employee is called to return to a City worksite (“call back”) after they have completed their normal work schedule or prior to beginning their normal work schedule, or are on their regular day off, all hours worked during such call back assignment shall be paid at the rate of one an one-half (1-1/2) times the employee’s normal base hourly wage prior to or after the normal work shift. Such employee is guaranteed a minimum of three (3) hours pay at the one and one-half (1-1/2) times rate.

F. Compensation for After-hours Work. Employees expected to respond to texts, emails and/or phone calls outside their regular work schedule shall be compensated for all such time in quarter hour increments at the rate of one and one-half (1-1/2) times the employee’s normal base hourly wage.

ARTICLE VIII
WAGE PLAN ADMINISTRATIVE PROCEDURES:

A. Applicable Pay Rates.

1. Following Promotion. When promoted, an employee shall begin at Step A or one (1) step higher than his/her current salary, whichever is higher. The new anniversary is the date of promotion. Upon recommendation of the Designee and approval of the City Manager, an employee may be considered for a higher step if his/her experience, longevity and value to the City merit such an increase.

2. Following Demotion. In the case of a demotion to a position with a lower maximum salary, an employee shall be assigned to a pay step that is the same as, or less than, the step

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held in the higher position. Placement within the range shall be determined by the City Manager.

The employee shall retain his/her previous anniversary date.

3. Following Transfer. Where an employee is transferred from one (1) position to another in the same class or to another class to which the same pay range is applicable, the employee shall retain the same pay step and anniversary date.

4. Following Salary Range Increases and Decreases. Where a pay range is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.

B. Pay Status. Pay status is understood to mean the period in which an employee is at work, on vacation, sick leave, compensation leave as a result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, paid administrative leave, paid temporary military leave of absence, or on an approved leave of absence with full pay.

C. Premium pay for Employees in “Acting Capacity”. An employee who, with the approval of the City Manager, is temporarily assigned the duties of a superior position for at least five consecutive work days, shall receive premium pay of no more than five percent above his/her present salary. The premium pay shall be retroactive to the first day the employee began performing the higher duties. Employees who are temporarily assigned the duties of a superior position for four or fewer consecutive working days shall not be paid any differential.

D. Certificate Pay. At the determination of the City, eligible employees shall be compensated a premium of 5% of their base pay for holding the following certifications utilized by the City for service delivery: Certified Floodplain Manager; and Notary Public.

E. 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 determination of the need of the community for employees fluent in a language shall be determined by the City. The City shall determine eligibility and qualification standards and procedures.

ARTICLE IX

LONGEVITY PAY PLAN
A. Employees Employed As of October 31, 2011. Members employed as of October 31, 2011 are eligible for the following longevity benefit if they qualify as of October 31, 2016.

Employees who are at least fifty-five (55) years of age with ten (10) full continuous years of City service shall be given a five percent (5%) salary increase computed on their normal monthly base salary.

Employees who are at least sixty (60) years of age with fifteen (15) full continuous years of City service, shall be given an additional five percent (5%) salary increase computed on their normal monthly base salary.

B. Employees Employed After October 31, 2011. Members employed on or after November 1, 2011 and employees who do not qualify by October 31, 2016 are not entitled to the longevity benefit described in Subsection A, above.

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C. Final Year Adjustment. Members employed as of October 31, 2011 who are receiving the following benefit as of December 31, 2011 may continue to receive it and will not lose pay but must take benefit continuously with no break in receipt of benefit. This benefit is eliminated for all members employed on or after November 1, 2011 or for any employee not receiving the benefit as of December 31, 2011:

Twenty-year employees regardless of age, upon presenting to the Personnel Officer the State P.E.R.S. declaration of intent to retire within the following twelve (12) months, shall be given an additional seven percent (7%) salary increase computed on their normal base salary. This seven percent (7%) salary increase shall be effective twelve (12) calendar months before the declaring employee’s last date of employment. Such benefit shall be used to compute any other benefit such as overtime, but will not be used in computing final retirement benefits as determined by the State P.E.R.S. and provided for in the City’s contract with P.E.R.S.

D. Exclusion From Final Year Adjustment. Members employed on or after November 1, 2011 or any employee not receiving the benefit as of December 31, 2011, are not entitled to the benefit described in Subsection C, above.

ARTICLE X

UNIFORM ALLOWANCE & UNIFORMS
P.A.C.E. members who work at the City of Pleasant Hill’s Police Department as members of that department shall be paid a uniform allowance in accordance with the uniform allowance provisions for non-sworn personnel that are set forth in the Memorandum of Understanding between the Pleasant Hill Police Association and the City.

For purposes of this Article, the P.A.C.E. members who work at the Pleasant Hill Police Department are those in the following classifications: Executive Secretary to the Chief of Police; Information Systems Coordinator; and Administrative Specialist. This Article is not intended to apply to P.A.C.E. members who work at the Pleasant Hill Police Department only on an occasional or temporary basis.

The City Code Investigator will have the option of wearing short pants when the temperature is predicted to be or is 90 degrees and above, or as approved by the on duty supervisor/manager.

The short pants shall be of a professional design and approved by the supervisor/manager.

ARTICLE XI

MEDICAL, DENTAL, LIFE AND DISABILITY BENEFITS
A. Medical.

The City shall provide medical coverage and shall pay for the cost of such coverage except that members of PACE who have medical coverage through the City shall contribute towards the premium costs for their medical coverage as follows:

1. Members employed as of October 31, 2011:

The City will pay eighty percent (80%) of the Kaiser or Blue Shield (or successor plans) medical premium at the employee’s applicable level of participation.

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The City shall deduct amounts in excess of the City’s contributions from the members’ pay each pay period, on a pre-tax basis to the extent permitted by applicable law.

2. Members employed on or after November 1, 2011:

City will pay seventy-five percent (75%) of the Kaiser (or successor plan) premium at each level of participation; employee will pay the remainder.

The City shall deduct amounts in excess of the City’s contributions from the members’ pay each pay period, on a pre-tax basis to the extent permitted by applicable law.

3. Payment In Lieu of City Medical Plan Coverage.

Upon proof to the Personnel Officer of medical coverage from another source employees may elect to receive $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, in lieu of the City’s contribution to the employee’s medical plan. An eligible employee may elect to receive this “in lieu” payment in cash or as a pre-tax contribution on the employee’s behalf into the employee’s 457 deferred compensation account.

Employees receiving in lieu payment shall not be required to make the premium contributions described in Section XI.A, above.

4. Plan Modifications. The City may modify, reduce the number of, or substitute for the City’s existing plans to facilitate savings that, in the City’s judgment, are prudent to manage competition among current and potential providers or to ensure that the cost of the City’s selected plans do not trigger a direct or indirect Excise Tax under the Affordable Care Act.

B. Dental. The City will provide a dental plan which provides at least an 80/20 payment benefit and at the employee’s choice upon active employment, annual open enrollment or qualifying event, choice of either 1) a maximum dental benefit of $1,500 per person per year, or 2) a maximum dental benefit of $1,000 per person per year and $1,500 maximum lifetime orthodontia benefit per person. The City will pay 100% of the premium for a dental program for the employee and all dependents.

C. Life Insurance. The City agrees to pay the cost of life insurance premiums to provide fifty thousand dollars ($50,000) coverage for the length of this Agreement.

D. Disability Insurance. The City agrees to continue to pay the total cost of disability insurance plan, and sixty-six and two-thirds (66 2/3) percent of salary plan, for length of Agreement. However, the City reserves the right to change carriers if the premium becomes excessive. The elimination period shall be thirty (30) days. A woman unable to work for pregnancy related reasons is entitled to disability and/or sick leave on the same basis as employees unable to work for other medical reasons due to off-the-job disability. This long-term disability plan will be revised annually on November 1 and will be adjusted to a maximum of 2/3 of top step of the Associate Engineer.

9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 18
20222023-2023 2026 Memorandum of Understanding
E. IRS 125 Plan. All benefits covered under the City’s IRS 125 Plan may be paid on a pretax basis. Examples include dependent care, out-of-pocket medical costs and specified insurance premiums.

F. Vision Plan. The City agrees to provide PACE employees and their dependents with a vision insurance plan that will allow one examination, and one pair of eyeglasses or one pair of contact lenses on an annual basis as outlined in the current benefit plan document and plan summary.

ARTICLE XII

PERS RETIREMENT
A. PERS Classic Miscellaneous Members. The City will continue to contract with PERS to provide PACE bargaining unit members employed before April 16, 2012 who are classic members of PERS with PERS Miscellaneous employee group retirement benefits including but not limited to: 2%@55 retirement benefits; and single highest year final average salary calculation.

The benefits for employees hired on or after April 16, 2012 who are classic members of PERS will include the Miscellaneous 2%@60 formula with final compensation based on a three-year average as determined by PERS.

Employees hired on or after January 1, 2013 shall be subject to the provisions of the Public Employee Pension Reform Act of 2013, as amended. Those who qualify under that law for continued status as “classic” members of PERS as defined therein will participate in whichever of the above-described classic pension benefit plans applies as prescribed by law and determined by the PERS.

B. Classic Member Contributions. Classic PERS members will pay the full seven percent (7%) employee PERS member contribution. There will be no Employer Paid Member Contribution.

C. PEPRA. Notwithstanding the foregoing, the City will contract with PERS to provide a pension plan for an employee who is a “New Member” of the California PERS, as defined by the Public Employee Pension Reform Act of 2013, as amended, (hereinafter “PEPRA”). Such new member shall participate in the PEPRA plan and pay such contributions into CalPERS as prescribed therein and as may be revised from time to time.

D. Application of Accumulated Sick Leave To PERS Service Credit. To the extent allowed by applicable law, regardless of employment date an eligible employee who retires from the City through CalPERS may elect to apply his or her then remaining accumulated unused sick leave balance to the calculation of service credit for PERS retirement benefit calculation purposes.

ARTICLE XIII

EDUCATIONAL INCENTIVE
The City agrees to continue the educational incentive to employees within the unit as follows:

9.4.b
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20222023-2023 2026 Memorandum of Understanding
A. Qualifying Courses. The course or courses taken must: (1) 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 employee’s Department Head.

B. Scope of Reimbursement. If the requirements in section “A.” are met, the City will reimburse the employee for books and technology upgrades or additions, and will also pay the employee $18 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 these items (including the $18 per month per credit unit) does not exceed $500 per semester or quarter, and $2,000 per calendar year overall.

C. Required Documentation. 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.

ARTICLE XIV

PERFORMANCE EVALUATIONS/BONUS AWARDS
A. Performance Evaluations. The City will continue to use an annual performance evaluation. Performance evaluations will be made once a year during the month of January of each calendar year.

All performance evaluations shall be signed by the employee indicating knowledge of the evaluation and that said evaluation is being placed in the employee’s personnel file.

If an employee receives an evaluation of “below standard” on six (6) of the twelve (12) categories, they may be reduced in pay up to 7% for a one-year period upon recommendation of the Department Head and approval of the City Manager.

B. Bonus Awards. Each year, employees who meet the following threshold eligibility requirements may be considered for a bonus:

1. The employee must be at the top of his/her salary range; and

2. The employee must receive the highest possible rating in at least half of the rating categories in his/her performance evaluation.

Meeting these threshold eligibility requirements renders the employee eligible to be considered for a bonus. It does not guarantee that a bonus will be awarded.

Where an employee meets the threshold eligibility requirements, his/her immediate supervisor may recommend that the employee be awarded a bonus. The employee’s Department Head must approve the recommendation. If the Department Head approves the recommendation, he/she will forward it to the Personnel Officer, who will confirm that the employee is in fact eligible for consideration for a bonus. The Personnel Officer will then forward the recommendation to the City Manager. The City

9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 20
20222023-2023 2026 Memorandum of Understanding
Manager shall have discretion to approve or disapprove the bonus recommendation. If the City Manager approves, he/she shall also determine the amount of the bonus, which shall not exceed a maximum of 7% (seven percent) of the employee’s base salary for that evaluation year.

If the employee receives a bonus award, he/she may elect to have the bonus paid either as a lump sum contribution to his/her 457 plan or as a lump sum cash award paid directly to him/her.

The bonus does not become a part of the employee’s salary. After payment (whether as a contribution to the employee’s 457 plan or as a cash payment directly to the employee), the employee receives no further payment under his/her bonus award for that evaluation year.

Employees may receive bonus awards more than once during their employment with the City, provided all the requirements of this section are met.

ARTICLE XV

SALARY CHANGES
A. Base Wage/Salary Rates November 1, 2022. Effective November 1, 2022 2023 the City will increase the base wage and salary rates of employees covered by this Memorandum of Understanding by three and one-quarter percent (3.25%) of the rates in effect on October 31, 20222023.

Effective November 1, 2024 the City will increase the base wage and salary rates of employees covered by this Memorandum of Understanding by three and one-quarter percent (3.25%) of the rates in effect on October 31, 2024.

Effective November 1, 2025 the City will increase the base wage and salary rates of employees covered by this Memorandum of Understanding by three and one-half percent (3.5%) of the rates in effect on October 31, 2025.

B. Wage/Salary Rate Tables. The results of the increases described above are illustrated in Exhibit A of this Memorandum of Understanding.

C. One-Time Lump Sum Compensation. The City will pay a one-time, non-pensionable, lump sum payment of four thousand dollars ($4,000) 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 one-time payment is to be paid on the regular payroll and subject to all applicable withholding.

C. Total Compensation Survey. As soon as administratively possible, or within nine months of adoption, whichever is sooner, the City will contract for a total compensation survey to include the following classifications: Administrative Analyst II; Assistant Engineer; Associate Engineer; Associate Planner.

The City will consult with the Association throughout the process and share the results of said survey when completed. The parties agree to meet-and-confer on the results of the survey in so far as any compensation adjustments that the parties may agree to. Any increases that result from the meet-and-confer shall be in addition to the 2023 increase provided above.

D. Add Step to Salary Ranges. Effective November 1, 2024, the City will add a Step G to each represented classification salary range. The added Step G will be 2.5% above Step F.

9.4.b
Packet Pg. 54
Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 21
20222023-2023 2026 Memorandum of Understanding
Eligible employees will be placed at Step G on November 1, 2024 all others when eligible per the City’s merit increase policy and procedure.

ARTICLE XVI

DEFERRED COMPENSATION PLAN
Each employee shall have the option of making monthly contributions to the City’s 457 Deferred Compensation Plan. Upon proof to the Personnel Officer of medical coverage from another source, employees may elect to have the City pay $400.00 per month on his/her behalf into the City’s Deferred Compensation Plan in lieu of the City’s contribution to the employee’s medical plan.

An employee may elect to defer up to the maximum dollar amount allowed by law to his/her 457 account under the City’s Deferred Compensation Plan.

ARTICLE XVII

RETIREE HEALTH SAVINGS ACCOUNTS
Effective October 1, 2022, into each Retiree Health Savings Account, regardless of employee hire date, the City shall contribute seventy-five dollars ($75) per month. This amount may be prospectively eliminated, reduced or increased through the meet and confer process undertaken for the negotiation of any successor MOU, or at any other time by mutual agreement.

Reversion of Residual Funds. In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account and leaves no spouse or dependents, the remaining amount shall revert back to the City.

ARTICLE XVIII

COMMENCEMENT OF NEGOTIATIONS
Not more than ninety (90) calendar days and not less than sixty (6) calendar days prior to the expiration of the agreement, either Party may request in writing of the other to commence negotiations. Upon such request, the Parties will schedule a mutually convenient date and time to meet and begin bargaining.

ARTICLE XIX

NO STRIKE OR LOCKOUTS
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, City employees shall not engage in or support strikes, work stoppages, slow downs, boycotts, or other direct or indirect work actions against the City. Any employee participating in these prohibited activities may be disciplined by the City.

ARTICLE XX

9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 22
20222023-2023 2026 Memorandum of Understanding

FULL AGREEMENT
It is understood that this Agreement represents a complete and final understanding on all negotiable issues between the City and PACE. This Agreement supersedes all previous Memoranda of Understanding between the City and PACE except as specifically referred to in this Agreement.

ARTICLE XXI

SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by a court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remained 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.

ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “B”

AND COVERED EMPLOYEES
The City recognizes the Association as the sole and exclusive representative for the Confidential/Professional Employees’ Bargaining Unit “B” consisting of the following classifications, as well as any new classifications which may be assigned to this representation unit by the City Manager:

Accountant
Accounting Technician I
Accounting Technician II
Administrative Analyst I
Administrative Analyst II
Administrative Specialist
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Plan Checker
City Code Investigator
Community Relations Specialist/Public Information Officer Computer Technician I
Computer Technician II
Executive Assistant to the City Council/City Manager
Executive Secretary to the Police Chief
Human Resources Analyst
Human Resources Technician
Information Systems Technician, Police Department
Information Technology Specialist
Office Assistant
Payroll Technician
Permit Technician

9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 23
20222023-2023 2026 Memorandum of Understanding
Planning Technician
Receptionist
Secretary
Part-time and temporary employees, as defined by the City’s Personnel Rules and Regulations, are not covered by this agreement.

Vacancies in any of the classifications represented by PACE shall be posted on bulletin boards accessible to current members, notifying them of the vacancies and application requirements.

Public notice of both open and promotional selection processes shall be given at least seven days in advance of the last date for filing applications.

ARTICLE XXIII

TERM OF AGREEMENT
This Agreement shall become effective as of November 1, 2022 2023 and shall continue in full force and effect until expiration at midnight October 31, 20232026.

AS WITNESSED HERETO by the following parties:

FOR THE CITY OF PLEASANT HILL: FOR PACE:

Matt Rinn Jeffrey Finn
Mayor PACE President
Ethan Bindernagel Omar Adina
City Manager PACE Vice-President
Ericka Mitchell Ross Yangwas
Chief Human Resources Officer PACE Secretary
APPROVED AS TO FORM:

Janet Coleson
City Attorney

9.4.b
Packet Pg. 57
Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 24
20222023-2023 2026 Memorandum of Understanding
NEGOTIATED FOR CITY: NEGOTIATED FOR ASSOCIATION:

Gregory Ramirez Jon Crawford
Chief Negotiator Chief Negotiator

9.4.b
Packet Pg. 58
Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 25
20222023-2023 2026 Memorandum of Understanding

EXHIBIT A

NEW SALARY RANGES
EFFECTIVE NOVEMBER 1, 2023

RANGE A B C D E F POSITION
60 4461 4689 4921 5169 5425 5698 RECEPTIONIST

62.5 5028 5346 5623 5899 6191 6501 SECRETARY/OFFICE ASSISTANT 65 5090 5412 5679 5846 6262 6580
70 5209 5555 5831 6122 6422 6748 ACCOUNTING TECHNICIAN I 75 5334 5679 5966 6262 6580 6901 PLANNING TECHNICIAN/PERMIT TECHNICIAN 80 5584 5935 6233 6550 6874 6913
85 5600 5965 6263 6580 6899 7240
90 5762 6122 6422 6748 7087 7439 HUMAN RESOURCES TECHNICIAN/ACCOUNTING TECHNICIAN II 95 5914 6297 6600 6943 7290 7658 ADMINISTRATIVE SPECIALIST/PAYROLL TECHNICIAN 100 6100 6487 6816 7159 7510 7885
105 6110 6563 6887 7232 7591 7972 EXEC ASSISTANT TO POLICE CHIEF 110 6475 6874 7222 7578 7961 8362 EXEC ASSISTANT TO CITY MGR & CITY COUNCIL 115 6487 6899 7240 7603 7985 8386
120 6659 7272 7635 8018 8420 8843 ACCOUNTANT/COMPUTER TECHNICIAN I 125 6809 7228 7717 8100 8506 8929 ADMIN ANALYST I
130 6987 7439 7808 8204 8606 9043
135 7276 7762 8152 8554 8988 9439 ASSISTANT PLANNER
140 7347 7808 8204 8606 9043 9497 CITY CODE INVESTIGATOR/COMPUTER TECHNICIAN II 145 7492 7987 8388 8810 9251 9716
150 7568 8104 8514 8932 9380 9851 INFORMATION SYSTEMS TECHNICIAN, POLICE DEPARTMENT 151 7649 8155 8566 8989 9443 9914 ADMIN ANALYST II/HR ANALYST/COMMUNITY RELATIONS SPECIALIST/PIO 152.5 7718 8204 8606 9043 9497 9974 ASSISTANT ENGINEER
155 7883 8385 8809 9251 9716 10196 ASSOCIATE PLANNER
165 8373 8989 9439 9910 10407 10928
170 8499 9043 9497 9974 10469 10999 INFO TECHNOLOGY SPECIALIST 175 8923 9497 9974 10467 10999 11544 ASSOCIATE ENGINEER Adopted by Resolution XX-XX on [insert date and year]

9.4.b
Packet Pg. 59
Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 26
20222023-2023 2026 Memorandum of Understanding

EXHIBIT A

NEW SALARY RANGES
EFFECTIVE NOVEMBER 1, 2024

RANGE A B C D E F G POSITION
60 4606 4841 5081 5337 5601 5884 6031 RECEPTIONIST

62.5 5192 5520 5806 6090 6392 6712 6880 SECRETARY/OFFICE ASSISTANT 65 5256 5588 5863 6036 6466 6794 6964
70 5378 5735 6020 6321 6631 6968 7142 ACCOUNTING TECHNICIAN I 75 5507 5863 6160 6466 6794 7126 7304 PLANNING TECHNICIAN/PERMIT TECHNICIAN 80 5765 6128 6436 6763 7098 7137 7315
85 5782 6159 6467 6794 7123 7475 7662
90 5950 6321 6631 6968 7317 7681 7873 HUMAN RESOURCES TECHNICIAN/ACCOUNTING TECHNICIAN II 95 6106 6502 6814 7168 7527 7907 8105 ADMINISTRATIVE SPECIALIST/PAYROLL TECHNICIAN 100 6298 6698 7037 7392 7754 8141 8345
105 6309 6776 7111 7467 7838 8231 8437 EXEC ASSISTANT TO POLICE CHIEF 110 6685 7098 7457 7824 8219 8634 8850 EXEC ASSISTANT TO CITY MGR & CITY COUNCIL 115 6698 7123 7475 7850 8245 8659 8875
120 6875 7508 7883 8279 8694 9131 9359 ACCOUNTANT/COMPUTER TECHNICIAN I 125 7031 7462 7968 8363 8782 9219 9449 ADMIN ANALYST I
130 7214 7681 8062 8471 8886 9337 9570
135 7512 8015 8417 8832 9280 9746 9990 ASSISTANT PLANNER 140 7586 8062 8471 8886 9337 9806 10051 CITY CODE INVESTIGATOR/COMPUTER TECHNICIAN II 145 7735 8247 8661 9097 9552 10032 10283
150 7814 8367 8791 9222 9685 10171 10425 INFORMATION SYSTEMS TECHNICIAN, POLICE DEPARTMENT 151 7897 8420 8844 9281 9750 10236 10492 ADMIN ANALYST II/HR ANALYST/COMMUNITY RELATIONS SPECIALIST/PIO 152.5 7969 8471 8886 9337 9806 10298 10555 ASSISTANT ENGINEER 155 8139 8657 9096 9552 10032 10527 10790 ASSOCIATE PLANNER 165 8645 9281 9746 10232 10745 11283 11565
170 8775 9337 9806 10298 10809 11357 11641 INFO TECHNOLOGY SPECIALIST 175 9213 9806 10298 10808 11357 11920 12218 ASSOCIATE ENGINEER Adopted by Resolution XX-XX on [insert date and year]

9.4.b
Packet Pg. 60
Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 27
20222023-2023 2026 Memorandum of Understanding

EXHIBIT A

NEW SALARY RANGES
EFFECTIVE NOVEMBER 1, 2025

RANGE A B C D E F G POSITION
60 4768 5010 5259 5523 5797 6089 6242 RECEPTIONIST

62.5 5373 5713 6009 6304 6616 6947 7121 SECRETARY/OFFICE ASSISTANT 65 5440 5784 6069 6247 6692 7032 7208
70 5566 5936 6231 6542 6863 7212 7392 ACCOUNTING TECHNICIAN I 75 5700 6069 6375 6692 7032 7375 7560 PLANNING TECHNICIAN/PERMIT TECHNICIAN 80 5967 6342 6661 7000 7346 7387 7571
85 5985 6374 6693 7032 7373 7737 7930
90 6158 6542 6863 7212 7574 7950 8149 HUMAN RESOURCES TECHNICIAN/ACCOUNTING TECHNICIAN II 95 6320 6729 7053 7419 7791 8184 8389 ADMINISTRATIVE SPECIALIST/PAYROLL TECHNICIAN 100 6519 6932 7283 7651 8026 8426 8637
105 6530 7013 7359 7728 8112 8519 8732 EXEC ASSISTANT TO POLICE CHIEF 110 6919 7346 7718 8098 8507 8936 9160 EXEC ASSISTANT TO CITY MGR & CITY COUNCIL 115 6932 7373 7737 8125 8533 8962 9186
120 7116 7771 8159 8569 8998 9450 9687 ACCOUNTANT/COMPUTER TECHNICIAN I 125 7277 7724 8247 8656 9090 9542 9780 ADMIN ANALYST I
130 7466 7950 8344 8767 9197 9663 9905
135 7775 8295 8711 9141 9605 10087 10340 ASSISTANT PLANNER 140 7852 8344 8767 9197 9663 10149 10403 CITY CODE INVESTIGATOR/COMPUTER TECHNICIAN II 145 8006 8536 8964 9415 9886 10383 10643
150 8088 8660 9098 9545 10024 10527 10790 INFORMATION SYSTEMS TECHNICIAN, POLICE DEPARTMENT 151 8174 8714 9154 9606 10091 10595 10859 ADMIN ANALYST II/HR ANALYST/COMMUNITY RELATIONS SPECIALIST/PIO 152.5 8248 8767 9197 9663 10149 10659 10924 ASSISTANT ENGINEER 155 8424 8960 9414 9886 10383 10896 11168 ASSOCIATE PLANNER 165 8947 9606 10087 10590 11121 11678 11970
170 9082 9663 10149 10659 11187 11754 12048 INFO TECHNOLOGY SPECIALIST 175 9535 10149 10659 11186 11754 12337 12646 ASSOCIATE ENGINEER Adopted by Resolution XX-XX on [insert date and year]

9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 28
20222023-2023 2026 Memorandum of Understanding

EXHIBIT B

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

1. Leave of absence without pay for up to but no more than four and one half (4 ½) 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 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 months (4 ½) leave, shall constitute abandonment of position.

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

9.4.b
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Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 29
20222023-2023 2026 Memorandum of Understanding
Date:

TO: , Department Head
FROM: , Employee
I hereby request a maternity Leave of Absence Without Pay from to
I request the use of Vacation hours.

Approved – Department Head
I request the use of compensatory hours.

Approved – Department Head
I understand the following maternity policy:

1. Leave of absence without pay for up to but no more than four and one half (4 ½) 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 premium 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.

9.4.b
Packet Pg. 63
Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU) City of Pleasant Hill – PACE 30
20222023-2023 2026 Memorandum of Understanding

7. The four and one half months (18 weeks) Leave of Absence will be 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 an 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 ½) months leave, shall constitute abandonment of position.

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

I acknowledge that all of the provisions of this policy above are fully understood.

(Employee Signature) (Date)

(Approved-Department Head Signature) (Date)

(Approved-Personnel Officer Signature) (Date)

(Approved-City Manager Signature) (Date)

9.4.b
Packet Pg. 64
Attachment: Exhibit 1 - Redline Comparison Document (PACE Successor MOU)

MEMORANDUM OF UNDERSTANDING
Between

CITY OF PLEASANT HILL

PROFESSIONAL & CONFIDENTIAL EMPLOYEES ASSOCIATION
and

CITY OF PLEASANT HILL
November 1, 2023 – October 31, 2026

9.4.c
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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) ii

TABLE OF CONTENTS

ARTICLE I - RECOGNITION, DUES, MEETINGS ON CITY TIME & USE OF CITY RESOURCES, NEW EMPLOYEE ORIENTATION 1
ARTICLE II – PERSONNEL RULES 2
A. General 2
B. Supplemental Pre-Grievance Process 2
ARTICLE III - TRAINING GUIDELINES/LAYOFF PROCEDURES 3
A. Training Guidelines 3
B. Re-Employment After Layoff 3
ARTICLE IV – HOLIDAYS 3
ARTICLE V - VACATION/PERSONAL LEAVE 4
A. Vacation Leave – General 4
B. Guidelines for Approving Vacation Leave Requests 5
C. Personal Leave 5
ARTICLE VI - SICK LEAVE/LEAVES OF ABSENCE 6
A. Sick Leave 6

1. Accrual of Sick Leave 6

2. Payment for Accumulated Sick Leave 6

3. Sick Leave Conversion Upon Retirement 7

4. Medical Leave 7

5. Family Illness 7

6. Immediate Family 7
B. Other Leaves of Absence 7

1. Jury Leave 7

2. Leave of Absence Without Pay 8

3. Maternity Leave 8

4. Bereavement Leave 8
ARTICLE VII - WORK WEEK/OVERTIME 8
A. Work Hours/Work Week Schedules 8
B. Overtime 9
C. Compensatory Time 10
D. Varying Hours 10

9.4.c
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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) iii
E. Guaranteed Minimum Call Back 10
F. Compensation for After-Hours Work 10
ARTICLE VIII - WAGE PLAN ADMINISTRATIVE PROCEDURES 10
A. Applicable Pay Rates 10

1. Following Promotion 10

2. Following Demotion 10

3. Following Transfer 11

4. Following Salary Range Increases and Decreases 11
B. Pay Status 11
C. Premium Pay for Employees in “Acting Capacity” 11
ARTICLE IX - LONGEVITY PAY PLAN 11
A. Employees Employed as of October 31, 2011 11
B. Employees Employed after October 31, 2011 11
C. Final Year Adjustment 11
D. Exclusion From Final Year Adjustment 12
ARTICLE X - UNIFORM ALLOWANCE AND UNIFORMS 12
ARTICLE XI - MEDICAL, DENTAL, LIFE AND DISABILITY BENEFITS 12 A. Medical 12
B. Dental 13
C. Life Insurance 13
D. Disability Insurance 13
E. IRS 125 Plan 13
F. Vision Plan 13
ARTICLE XII - PERS RETIREMENT 14
A. PERS Classic Miscellaneous Members 14
B. Classic Member Contributions 14
C. PEPRA 14
D. Application of Accumulated Sick Leave to PERS Service Credit 14 ARTICLE XIII - EDUCATIONAL INCENTIVE 14
A. Qualifying Courses 14
B. Scope of Reimbursement 14
C. Required Documentation 15
D. Certificate Pay XX
E. Bilingual Pay XX
ARTICLE XIV - PERFORMANCE EVALUATIONS/BONUS AWARDS 15
A. Performance Evaluations 15

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B. Bonus Awards 15
ARTICLE XV- SALARY CHANGES 16
A. Base Wage/Salary Rates 16
B. Wage/Salary Rate Table 16
C. Total Compensation Survey
D. Add Step to Salary Ranges
ARTICLE XVI- DEFERRED COMPENSATION 16
ARTICLE XVII - RETIREE HEALTH SAVINGS ACCOUNTS 16
ARTICLE XVIII- COMMENCEMENT OF NEGOTIATIONS 16
ARTICLE XIX - NO STRIKE OR LOCKOUTS 17
ARTICLE XX - FULL AGREEMENT 17
ARTICLE XXI - SAVINGS CLAUSE 17
ARTICLE XXII- CLASSIFICATIONS WITHIN UNIT “B” AND
COVERED EMPLOYEES 17
ARTICLES XXIII- TERM OF AGREEMENT 19
EXHIBIT A - NEW SALARY RANGES 20
EXHIBIT B - MATERNITY LEAVE POLICY 21

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2023-2026 Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PLEASANT HILL
AND

CITY OF PLEASANT HILL PROFESSIONAL AND

CONFIDENTIAL EMPLOYEES ASSOCIATION

ARTICLE I

RECOGNITION, DUES, MEETINGS ON CITY TIME & USE OF CITY RESOURCES,

NEW EMPLOYEE ORIENTATION
A. Recognition. Pursuant to Government Code Section 3500 et seq. and City Resolutions No. 25-77 and No. 51-78, the City of Pleasant Hill (“City”) hereby recognizes the Professional and Confidential Association (“Association” or “P.A.C.E.”) as the bargaining representative for purposes of representing City employees in Unit “B” (see Article XX) with respect to their pay, wages, hours and other terms and conditions of employment for the duration of this contract (“Agreement”).

B. Dues. Upon receipt of a written “Certified Member List” issued by a duly appointed official of the Association, the City shall deduct dues and Association benefit amounts as determined by the Association from bargaining unit employee Association member’s 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.

The City shall provide a list of members within five (5) working days upon written request of a duly appointed Association official not more than four (4) times each year. The list shall include all information required by law that the City collects.

C. P.A.C.E. Meetings on City Time. Regular PACE meetings shall not be held on City time, and City equipment and supplies are not to be used for PACE business. City premises can be used if scheduled in advance.

D. NEW EMPLOYEE ORIENTATION. The City will provide a written statement to each new employee hired into a classification in the bargaining unit represented by the Association that the employee’s classification is represented by the Association and the name of a representative of the Association.

The City will provide written notice of New Employee Orientations to the Association, ten (10) business days prior to the event, whenever possible. The new employee orientation notice provided to the Association will include date, time and location of the orientation.

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Representatives of the Association shall be permitted to meet with the employee(s) for up to thirty (30) minutes at the end of the City’s orientation program.

ARTICLE II

PERSONNEL RULES
A. General. The Personnel Rules shall be applied as written for the term of this Agreement; however, the City reserves the right to modify said rules when it is deemed appropriate. The Association will be notified as to changes or modifications if such changes or modifications are a subject for meet and confer purposes. The City will meet with the Association upon their request regarding the application of this provision. If a conflict between a personnel rule and this Agreement occurs, the provisions of this contract shall prevail.

B. Supplemental Pre-Grievance Process. PACE and the City agree that the Grievance Procedure set forth in the Personnel Rules shall be supplemented by an optional “pre-grievance” process for resolving an employee’s concern either: (1) that he/she is working out of class without appropriate compensation; or (2) that he/she has more work than he/she believes can be reasonably handled within the time frame established by his/her supervisor. An employee may elect to use the pre-grievance process when the employee’s own attempts to resolve these work assignment or workload concerns directly with his/her supervisor have been unsuccessful.

An employee wishing to use the optional pre-grievance process shall contact either his/her PACE officer or the Personnel Officer and request initiation of the pre-grievance process. The employee’s request may be verbal or written. If the employee contacts his/her PACE officer with his/her request, the PACE officer shall promptly relay the employee’s request to the Personnel Officer.

Within ten (10) workdays of the Personnel Officer’s receipt of the employee’s request, a pregrievance meeting shall be held, attended by the employee, the employee’s immediate supervisor and/or department head, a PACE officer, and the Personnel Officer or his/her designee. Before proceeding with the pre-grievance meeting, the employee will be required to sign a waiver of any and all objections to the participation of the Personnel Officer, the employee’s supervisor, and the employee’s department head in any subsequent grievance the employee may file over his/her work assignment or workload concern.

The pre-grievance meeting is intended to be an informal, summary method for resolving the employee’s work assignment or workload concern. Neither the Personnel Officer nor the PACE officer is required to do an in-depth investigation of the employee’s work assignment or workload concern.

At the pre-grievance meeting, the participants shall attempt to resolve the employee’s work assignment or workload concern. If unable to do so, the supervisor’s original direction to the employee shall stand, and the employee may pursue other remedies as set forth in the City’s Personnel Rules. If the employee chooses to proceed with a grievance, the initial ten (10) day period for submitting his/her complaint to his/her supervisor shall commence the first workday after the day on which the pre-grievance meeting is held.

The employee must continue to perform the challenged work throughout the pre-grievance process, and shall not be relieved of his/her challenged work until and unless the issue is resolved in his/her favor. The only exception is where the employee’s supervisor, in his/her discretion,

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authorizes the employees to defer performing the challenged work temporarily while the pregrievance process is pending.

ARTICLE III

TRAINING GUIDELINES/LAYOFF PROCEDURES
A. Training Guidelines. When the City has given notice to an employee that a layoff is pending, involving that employee’s position, the City will take reasonable steps to provide a basic training or orientation process which would provide the employee with knowledge and skill which could be used to assist the employee in applying for promotion or transfer to a vacant, budgeted position for which the employee possesses the basic knowledge, skills and abilities or for which the employee can acquire said knowledge, abilities and skills within the sixty (60) day written layoff notice period. Four (4) weeks severance pay may be given in lieu of notice, only if layoffs are due to financial difficulties.

B. Re-employment After Layoff. A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class of position previously held by that employee for a period of six (6) months. An employee so re-employed retains all benefits accrued in prior service with the City. During the layoff, no benefits accrue and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) consecutive days.

Re-employment according to this provision shall be done using the method of seniority, in that the last employee, in a class, laid off will be the first employee to be considered for re-employment in the class.

ARTICLE IV

HOLIDAYS
City Holidays are:

January 1 (New Year’s Day)
Third Monday in January (Martin Luther King, Jr. Day)
February 12 (Lincoln’s Birthday)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
June 19 (Juneteenth)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Thanksgiving Day
Friday Following Thanksgiving
Christmas Eve Day
Christmas Day
Every day proclaimed by the President or Governor and Mayor of this City as a public holiday.

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2023-2026 Memorandum of Understanding
A City employee who wishes to observe holidays particular to his/her race or religion may do so with the approval of his/her Department Head. This time off is charged to compensatory time or vacation.

When a holiday falls on a Saturday or a Sunday, the following Monday is a holiday for employees whose normal work week is Monday through Friday.

In the case where one or both of the Christmas Eve and Christmas holidays fall on a Saturday and/or Sunday, the actual days of observance shall be as follows:
 If Christmas Eve falls on Saturday and Christmas falls on Sunday, then Christmas Eve will be observed on the following Monday and Christmas will be observed on the following Tuesday.
 If Christmas Eve falls on Friday and Christmas falls on Saturday, then Christmas Eve will be observed on Friday and Christmas on the following Monday.  If Christmas Eve falls on a Sunday and Christmas on Monday, then Christmas Eve will be observed on Monday and Christmas on Tuesday of that same week.

Holidays shall no longer be calculated as 7.5-hour days. Instead, for each employee, a holiday shall be deemed to have the same number of hours as those the employee is normally scheduled to work on that day. Thus, employees who are normally scheduled to work more than 7.5 hours on a day observed as a holiday shall not be required to charge the excess holiday time they receive to vacation leave or compensatory time, or to otherwise “make up” the excess time (for example, by extending their work hours on another day). Conversely, employees who are normally scheduled to work fewer than 7.5 hours on a day observed as a holiday shall not be credited with the “difference” in the form of additional vacation leave or compensatory time, or in any other form.

ARTICLE V

VACATION/PERSONAL LEAVE
A. Vacation Leave – General. Full vacation leave according to the following schedule is earned by:

Employees with full time pay status.

Eligible employees on sick leave or vacation leave with pay.

Eligible employees on jury leave.

1. Members employed as of October 31, 2011 shall accrue vacation as follows:

Years of Service Vacation Days Earned Per Year
1 12
2 12
3 12
4 15
5 15
6 15
7 16
8 16

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9 16
10 18
11 18
12 18
13 18
14 18
15 21
20 23
Upon written request by the employee, City will buy back up to 60 hours of accrued vacation annually, provided the employee has used a minimum of 37 ½ consecutive hours of vacation during the twelve (12) month period immediately preceding the request. One day of holiday time may be substituted for one day of vacation provided that the consecutive time off is at least 37 ½ hours. Additionally, the employee must have at least 60 hours of accrued vacation leave at the conclusion of the vacation buy back transaction.

The written request for the vacation buy back must be submitted to the Personnel Officer by the twenty fifth (25) day of the month preceding the date on which the employee is requesting the payoff.

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

B. Guidelines for Approving Vacation Leave Requests. Supervisors will establish a vacation schedule at the beginning of each calendar year. Thereafter, adjustments may be requested by either the supervisor or employee, with reasonable prior notice, based on personal or organizational needs or problems. Changes, if made, shall be discussed between the supervisor and employee prior to said change being instituted. Vacation time shall be taken in one day increments with prior approval of supervisor. Requests for vacation time off of less than one (1) day, may be approved, based upon circumstances which may be in the best interest of employees and the City.

C. Personal Leave. During the term of this agreement, each employee shall be permitted to take one day off each calendar year as a personal leave day, subject to prior scheduling and supervisor approval. This day must be taken as time off and cannot be taken as pay. In addition, this annual personal leave ay does not carry over or accumulate from year-to-year; rather, if not taken during the calendar year, it expires.

Regardless of the employee’s scheduled work hours on the day selected for personal leave, no time will be charged to his or her accrued vacation leave or compensatory time. Conversely, no time will be added to the employee’s accrued vacation leave or compensatory time.

For example, if an employee is scheduled to work more than 7.5 hours on the day he or she takes as a personal leave day, the employee will not be required to charge the scheduled work time exceeding 7.5 hours to accrued vacation leave or compensatory time.

By the same token, if an employee is scheduled to work less than 7.5 hours on the day he or she takes as a personal leave day, the employee will not have credited to his or her accrued vacation leave or compensatory time the difference between 7.5 hours and the hours actually scheduled to work.

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2023-2026 Memorandum of Understanding

ARTICLE VI

SICK LEAVE/LEAVE OF ABSENCE
A. Sick Leave.

1. Accrual of Sick Leave. Beginning the first day of the month following the employee’s completion of one (1) month of service an employee earns sick leave with pay at the rate of one (1) day for each calendar month of service. Full sick leave is earned by each regular employee on paid leave of absence which includes sick leave, jury leave, and paid disability accident leave. Sick leave is not earned by an employee on unpaid leave of absence, nor by an employee on leave covered by the City’s private disability plan. An employee may take paid sick leave beginning the second month of employment.

2. Payment for Accumulated Sick Leave.
a. Members employed as of October 31, 2011: An employee who is eligible to accrue sick leave is entitled to receive on the December 5th or January 5th payroll, a cash payment or additional vacation for thirty-three and one-third (33- 1/3) percent of the unused portion of sick leave credit accumulated during that calendar year.

To qualify for payment, the employee shall have to his/her credit on November 30, not less than thirty (30) days of unused sick leave. The rate of pay for this purpose is the rate of pay as of November 30.

The amount of time for which an employee is paid is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. If an employee is terminated/separated after five years’ service from date of employment because of voluntary resignation, death, retirement or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days of unused sick leave to a maximum of twenty-five (25) days.

If an employee is terminated/separated with between fifteen to twenty (15-20) years of service because of voluntary resignation, death, retirement or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days or 25% of unused sick leave at 100% value for a maximum of thirty (30) days.
b. Members employed on or after November 1, 2011 who are eligible to accumulate sick leave are entitled to receive on the December 5th or January 5 th payroll a contribution to their ICMA 457 Deferred Compensation Plan in the amount of twenty percent (20%) of the unused portion of sick leave accumulated during that calendar year.

To qualify for payment, the employee shall have to his/her credit on November 30, not less than thirty (30) days of unused sick leave. The rate of pay for this purpose is the rate of pay as of November 30 of the respective year.

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The amount of time for which an employee is paid is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. If an employee is terminated/separated after five (5) years of service from date of employment because of voluntary resignation, death, retirement or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days or 25% of unused sick leave at 100% value for a maximum of twenty-five (25) days.

3. Sick Leave Conversion Upon Retirement. For members employed as of October 31, 2011: An ICMA VantageCare Retiree Health Savings Plan (“RHS Plan”) is established for employees who have worked with the City for twenty (20) or more years, regardless of age, and who elect to take a retirement. If elected by the employee, the RHS Plan will provide for postretirement healthcare costs with contributions as follows:

One hundred percent (100%) of the employee’s accrued sick leave at one hundred percent (100%) of the last day worked salary, calculated at the net present value as of the date of retirement, shall be contributed to the employee’s RHS Plan account pursuant to the PACE adoption agreement.

In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account, and leaves no spouse or dependents, the remaining amount shall revert back to the City.

For members employed on or after 11/1/11: There is no sick leave conversion upon retirement.

However, such employee’s sick leave may apply for pension purposes to the extent provided under Article XII, section D below.

4. Medical Leave. In the case of an employee’s continued illness after the expiration of sick leave, his/her absence may then be charged to compensatory time accrued or vacation leave accrued, with the approval of the Department Head.

After a thirty (30) day waiting period, an employee may elect to apply for disability insurance. At the employee’s option and with the approval of the City Manager, an employee may elect to continue the use of sick leave prior to applying for disability coverage.

When a full time employee is off work as the result of a valid on-the-job injury sustained in the service of the City, the City shall continue his/her pay in the amount of his/her monthly rate up to but no longer than ninety (90) calendar days.

5. Family Illness. Family medical leave to care for members of the employee’s immediate family will be granted in accordance with state and federal law.

6. Immediate Family. The immediate family of an employee includes his/her spouse, children or stepchildren of either spouse, parent, stepmother, step-father, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law.

B. Other Leaves of Absence.

1. Jury Leave. A regular full-time employee is entitled to receive jury leave with full pay if he/she remits to the City all compensation received from duty. Compensation for mileage is not considered compensation for jury duty. The employee may elect to retain all jury duty compensation, in which case he/she is not entitled to salary while on jury leave.

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2. Leave of Absence Without Pay. A Department Head may grant an employee a leave of absence without pay for not more than ten (10) days when it is in the best interest of the City service. An example is leave for the purpose of additional job-related education or training.

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

A “leave of absence” as used in this section is a privilege which may be granted without pay to a regular employee in good standing who wishes to leave the City service for a limited period. The employee must make a written request to his/her Department Head for such leave, stating the date of the leave and the reason.

3. Maternity Leave. Maternity leave and Pregnancy Disability Leave is granted in accordance with state and federal law. Exhibit “B” which is incorporated herein by this reference, may be modified and revisions implemented as deemed necessary by the City to ensure compliance with law and consistency with City Personnel Rules and Regulations and efficient administrative operations.

4. Bereavement Leave. A full-time employee is allowed a leave of absence with pay not to exceed four (4) working days in the case of death of a member of the employee’s immediate family or grandchildren. With his/her Department Head’s approval, he/she may have two (2) additional working days, which are charged to sick leave or to vacation time. Further absence approved by the Department Head is charged to vacation time. False information given concerning the death or relationship shall be cause for discharge.

ARTICLE VII

WORK WEEK/OVERTIME
A. Work Hours/Work Week Schedules. The hours each City facility is open to the public are set by management based on operational needs, including the need to ensure accessibility for, and service to, members of the public. In its discretion, the City’s management may change these hours, again based on operational needs.

The list below shows the current hours (as of November 2006) when City Hall, the Public Services Center, and the Police Department are open to the general public. Note that, due to the unique nature of its operations, the Police Department is open at all times:

City Hall Public Services Center
Monday 8:30 am – 5:00 pm Monday – Thursday 7:30 am – 4:30 pm Tuesday 8:00 am – 5:00 pm Friday 7:30 am – 11:00 am
Wednesday 8:00 am – 5:00 pm
Thursday 8:00 am – 6:00 pm Police Department
Friday 8:00 am – 1:00 pm Open 24 hours a day, every day In general, PACE employees work a 37.5-hour workweek with no scheduled breaks, other than lunch breaks.

The work schedules for PACE employees at City Hall and the Public Services Center generally conform to the hours their facility is open to the public. However, PACE employees working at City Hall and the Public Services Center may request permission to modify their hours to a work schedule that differs somewhat from the hours their facility is open to the public. Similarly, the

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work schedules for PACE employees working at the Police Department typically correspond to the Department’s administrative hours, 8:30 am – 5:00 pm, Mondays through Fridays. PACE employees working at the Police Department may also request to modify their hours to a different schedule.

To obtain approval for a modified work schedule, all PACE employees must first obtain their supervisor’s approval. In addition, and before an approved modified work schedule can be implemented, it must be reviewed by the Personnel Officer or his/her designee to ensure compliance with the Fair Labor Standards Act (“FLSA”).

A supervisor’s approval of a request for modified work hours and schedule shall not be unreasonably withheld. In determining whether to approve such a request, the supervisor shall consider several objective factors, including, but not limited to: (1) the operational needs of the division, department, and overall organization; (2) the need to ensure adequate staffing during the hours the facility, department or division is open to the public; (3) the need to ensure adequate supervision and fair evaluation of the employee; and (4) the public’s need for service and accessibility; and so forth.

As indicated above, the Police Department is unique in that it operates 24 hours a day, every day of the year. Also, it designates different FLSA work periods for its employees who are members of the City of Pleasant Hill Police Association in connection with alternative work schedules (for example, “3/12-4/12” or “9/80” work schedules).

As a result, police management and/or PACE employees working at the Police Department may need or desire to adjust the PACE employees’ work schedules and FLSA work periods to coordinate with those of their Police Association counterparts, thus ensuring operational efficiencies and optimal service to the public.

Accordingly, PACE and the City agree that, given the Police Department’s unique operational needs and requirements, PACE employees working at the Police Department may have: (1) modified work schedules different from the department’s administrative hours (i.e., different from the Monday-Friday, 8:30 am – 5:00 pm schedule); (2) FLSA work periods different from the 7-day “Monday to Monday” (or any other 7-day) work period, provided the modified schedules and work periods comply fully with FLSA requirements, including overtime requirements and (3) holidays observed on days different from the days holidays are observed by PACE employees working at City Hall and the Public Service Center.

B. Overtime. The City shall pay overtime at the rate of one and one-half (1-1/2) time for all overtime worked above an employee’s normal workday or work week schedule. (“Normal” is here defined as the employee’s approved work schedule, whether or not it conforms to the hours the employee’s facility is open to the public – or, for PACE employees at the Police Department, to that department’s administrative hours of 8:30 am – 5:00 pm, Monday through Friday.) To obtain credit for overtime, an employee shall obtain the prior approval of his/her supervisor. The following provisions shall apply:
 Work Day – Overtime shall apply if time worked is 1/10th of an hour above or below the normal starting or ending time of the employee’s work day.  Double time and one-half provision – Overtime shall be paid at the rate of two and one-half times the employee’s hourly rate for work performed on a regularly scheduled holiday. Pay shall be in lieu of holiday.

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C. Compensatory Time. An employee may accumulate up to eighty (80) hours of overtime computed at the rate of one and one-half times the rate of his/her regular pay. These hours may be used as time off, as scheduled and approved by his/her supervisor.

All overtime above eighty (80) hours will be automatically paid for within the next earliest pay period.

Under an emergency situation, as declared by the City Manager and/or Mayor, the provision of these rules is null and void.

Once a year, the City will agree to buy back compensatory time. Hours eligible for this buy-back provision must be accumulated prior to the last day of the month preceding the date of the request.

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

D. Varying Hours. Employees within the unit are permitted the opportunity to discuss varying their hours within a given work day due to their personal needs or problems. These requests will be handled on a case by case basis between supervisor and the employee, with the final decision being made by the supervisor. The supervisor must be considerate of the employee’s needs and problems, as the employee must be considerate of the City’s needs and problems in managing their daily business. This practice is for meeting temporary or emergency situations.

E. Guaranteed Minimum Call Back. With Supervisor approval, when a full-time employee is called to return to a City worksite (“call back”) after they have completed their normal work schedule or prior to beginning their normal work schedule, or are on their regular day off, all hours worked during such call back assignment shall be paid at the rate of one an one-half (1-1/2) times the employee’s normal base hourly wage prior to or after the normal work shift. Such employee is guaranteed a minimum of three (3) hours pay at the one and one-half (1-1/2) times rate.

F. Compensation for After-hours Work. Employees expected to respond to texts, emails and/or phone calls outside their regular work schedule shall be compensated for all such time in quarter hour increments at the rate of one and one-half (1-1/2) times the employee’s normal base hourly wage.

ARTICLE VIII
WAGE PLAN ADMINISTRATIVE PROCEDURES:

A. Applicable Pay Rates.

1. Following Promotion. When promoted, an employee shall begin at Step A or one (1) step higher than his/her current salary, whichever is higher. The new anniversary is the date of promotion. Upon recommendation of the Designee and approval of the City Manager, an employee may be considered for a higher step if his/her experience, longevity and value to the City merit such an increase.

2. Following Demotion. In the case of a demotion to a position with a lower maximum salary, an employee shall be assigned to a pay step that is the same as, or less than, the step

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held in the higher position. Placement within the range shall be determined by the City Manager.

The employee shall retain his/her previous anniversary date.

3. Following Transfer. Where an employee is transferred from one (1) position to another in the same class or to another class to which the same pay range is applicable, the employee shall retain the same pay step and anniversary date.

4. Following Salary Range Increases and Decreases. Where a pay range is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.

B. Pay Status. Pay status is understood to mean the period in which an employee is at work, on vacation, sick leave, compensation leave as a result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, paid administrative leave, paid temporary military leave of absence, or on an approved leave of absence with full pay.

C. Premium pay for Employees in “Acting Capacity”. An employee who, with the approval of the City Manager, is temporarily assigned the duties of a superior position for at least five consecutive work days, shall receive premium pay of no more than five percent above his/her present salary. The premium pay shall be retroactive to the first day the employee began performing the higher duties. Employees who are temporarily assigned the duties of a superior position for four or fewer consecutive working days shall not be paid any differential.

D. Certificate Pay. At the determination of the City, eligible employees shall be compensated a premium of 5% of their base pay for holding the following certifications utilized by the City for service delivery: Certified Floodplain Manager; and Notary Public.

E. 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 determination of the need of the community for employees fluent in a language shall be determined by the City. The City shall determine eligibility and qualification standards and procedures.

ARTICLE IX

LONGEVITY PAY PLAN
A. Employees Employed As of October 31, 2011. Members employed as of October 31, 2011 are eligible for the following longevity benefit if they qualify as of October 31, 2016.

Employees who are at least fifty-five (55) years of age with ten (10) full continuous years of City service shall be given a five percent (5%) salary increase computed on their normal monthly base salary.

Employees who are at least sixty (60) years of age with fifteen (15) full continuous years of City service, shall be given an additional five percent (5%) salary increase computed on their normal monthly base salary.

B. Employees Employed After October 31, 2011. Members employed on or after November 1, 2011 and employees who do not qualify by October 31, 2016 are not entitled to the longevity benefit described in Subsection A, above.

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 16
2023-2026 Memorandum of Understanding
C. Final Year Adjustment. Members employed as of October 31, 2011 who are receiving the following benefit as of December 31, 2011 may continue to receive it and will not lose pay but must take benefit continuously with no break in receipt of benefit. This benefit is eliminated for all members employed on or after November 1, 2011 or for any employee not receiving the benefit as of December 31, 2011:

Twenty-year employees regardless of age, upon presenting to the Personnel Officer the State P.E.R.S. declaration of intent to retire within the following twelve (12) months, shall be given an additional seven percent (7%) salary increase computed on their normal base salary. This seven percent (7%) salary increase shall be effective twelve (12) calendar months before the declaring employee’s last date of employment. Such benefit shall be used to compute any other benefit such as overtime, but will not be used in computing final retirement benefits as determined by the State P.E.R.S. and provided for in the City’s contract with P.E.R.S.

D. Exclusion From Final Year Adjustment. Members employed on or after November 1, 2011 or any employee not receiving the benefit as of December 31, 2011, are not entitled to the benefit described in Subsection C, above.

ARTICLE X

UNIFORM ALLOWANCE & UNIFORMS
P.A.C.E. members who work at the City of Pleasant Hill’s Police Department as members of that department shall be paid a uniform allowance in accordance with the uniform allowance provisions for non-sworn personnel that are set forth in the Memorandum of Understanding between the Pleasant Hill Police Association and the City.

For purposes of this Article, the P.A.C.E. members who work at the Pleasant Hill Police Department are those in the following classifications: Executive Secretary to the Chief of Police; Information Systems Coordinator; and Administrative Specialist. This Article is not intended to apply to P.A.C.E. members who work at the Pleasant Hill Police Department only on an occasional or temporary basis.

The City Code Investigator will have the option of wearing short pants when the temperature is predicted to be or is 90 degrees and above, or as approved by the on duty supervisor/manager.

The short pants shall be of a professional design and approved by the supervisor/manager.

ARTICLE XI

MEDICAL, DENTAL, LIFE AND DISABILITY BENEFITS
A. Medical.

The City shall provide medical coverage and shall pay for the cost of such coverage except that members of PACE who have medical coverage through the City shall contribute towards the premium costs for their medical coverage as follows:

1. Members employed as of October 31, 2011:

The City will pay eighty percent (80%) of the Kaiser or Blue Shield (or successor plans) medical premium at the employee’s applicable level of participation.

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Packet Pg. 80
Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 17
2023-2026 Memorandum of Understanding
The City shall deduct amounts in excess of the City’s contributions from the members’ pay each pay period, on a pre-tax basis to the extent permitted by applicable law.

2. Members employed on or after November 1, 2011:

City will pay seventy-five percent (75%) of the Kaiser (or successor plan) premium at each level of participation; employee will pay the remainder.

The City shall deduct amounts in excess of the City’s contributions from the members’ pay each pay period, on a pre-tax basis to the extent permitted by applicable law.

3. Payment In Lieu of City Medical Plan Coverage.

Upon proof to the Personnel Officer of medical coverage from another source employees may elect to receive $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, in lieu of the City’s contribution to the employee’s medical plan. An eligible employee may elect to receive this “in lieu” payment in cash or as a pre-tax contribution on the employee’s behalf into the employee’s 457 deferred compensation account.

Employees receiving in lieu payment shall not be required to make the premium contributions described in Section XI.A, above.

4. Plan Modifications. The City may modify, reduce the number of, or substitute for the City’s existing plans to facilitate savings that, in the City’s judgment, are prudent to manage competition among current and potential providers or to ensure that the cost of the City’s selected plans do not trigger a direct or indirect Excise Tax under the Affordable Care Act.

B. Dental. The City will provide a dental plan which provides at least an 80/20 payment benefit and at the employee’s choice upon active employment, annual open enrollment or qualifying event, choice of either 1) a maximum dental benefit of $1,500 per person per year, or 2) a maximum dental benefit of $1,000 per person per year and $1,500 maximum lifetime orthodontia benefit per person. The City will pay 100% of the premium for a dental program for the employee and all dependents.

C. Life Insurance. The City agrees to pay the cost of life insurance premiums to provide fifty thousand dollars ($50,000) coverage for the length of this Agreement.

D. Disability Insurance. The City agrees to continue to pay the total cost of disability insurance plan, and sixty-six and two-thirds (66 2/3) percent of salary plan, for length of Agreement. However, the City reserves the right to change carriers if the premium becomes excessive. The elimination period shall be thirty (30) days. A woman unable to work for pregnancy related reasons is entitled to disability and/or sick leave on the same basis as employees unable to work for other medical reasons due to off-the-job disability. This long-term disability plan will be revised annually on November 1 and will be adjusted to a maximum of 2/3 of top step of the Associate Engineer.

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 18
2023-2026 Memorandum of Understanding
E. IRS 125 Plan. All benefits covered under the City’s IRS 125 Plan may be paid on a pretax basis. Examples include dependent care, out-of-pocket medical costs and specified insurance premiums.

F. Vision Plan. The City agrees to provide PACE employees and their dependents with a vision insurance plan that will allow one examination, and one pair of eyeglasses or one pair of contact lenses on an annual basis as outlined in the current benefit plan document and plan summary.

ARTICLE XII

PERS RETIREMENT
A. PERS Classic Miscellaneous Members. The City will continue to contract with PERS to provide PACE bargaining unit members employed before April 16, 2012 who are classic members of PERS with PERS Miscellaneous employee group retirement benefits including but not limited to: 2%@55 retirement benefits; and single highest year final average salary calculation.

The benefits for employees hired on or after April 16, 2012 who are classic members of PERS will include the Miscellaneous 2%@60 formula with final compensation based on a three-year average as determined by PERS.

Employees hired on or after January 1, 2013 shall be subject to the provisions of the Public Employee Pension Reform Act of 2013, as amended. Those who qualify under that law for continued status as “classic” members of PERS as defined therein will participate in whichever of the above-described classic pension benefit plans applies as prescribed by law and determined by the PERS.

B. Classic Member Contributions. Classic PERS members will pay the full seven percent (7%) employee PERS member contribution. There will be no Employer Paid Member Contribution.

C. PEPRA. Notwithstanding the foregoing, the City will contract with PERS to provide a pension plan for an employee who is a “New Member” of the California PERS, as defined by the Public Employee Pension Reform Act of 2013, as amended, (hereinafter “PEPRA”). Such new member shall participate in the PEPRA plan and pay such contributions into CalPERS as prescribed therein and as may be revised from time to time.

D. Application of Accumulated Sick Leave To PERS Service Credit. To the extent allowed by applicable law, regardless of employment date an eligible employee who retires from the City through CalPERS may elect to apply his or her then remaining accumulated unused sick leave balance to the calculation of service credit for PERS retirement benefit calculation purposes.

ARTICLE XIII

EDUCATIONAL INCENTIVE
The City agrees to continue the educational incentive to employees within the unit as follows:

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 19
2023-2026 Memorandum of Understanding
A. Qualifying Courses. The course or courses taken must: (1) 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 employee’s Department Head.

B. Scope of Reimbursement. If the requirements in section “A.” are met, the City will reimburse the employee for books and technology upgrades or additions, and will also pay the employee $18 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 these items (including the $18 per month per credit unit) does not exceed $500 per semester or quarter, and $2,000 per calendar year overall.

C. Required Documentation. 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.

ARTICLE XIV

PERFORMANCE EVALUATIONS/BONUS AWARDS
A. Performance Evaluations. The City will continue to use an annual performance evaluation. Performance evaluations will be made once a year during the month of January of each calendar year.

All performance evaluations shall be signed by the employee indicating knowledge of the evaluation and that said evaluation is being placed in the employee’s personnel file.

If an employee receives an evaluation of “below standard” on six (6) of the twelve (12) categories, they may be reduced in pay up to 7% for a one-year period upon recommendation of the Department Head and approval of the City Manager.

B. Bonus Awards. Each year, employees who meet the following threshold eligibility requirements may be considered for a bonus:

1. The employee must be at the top of his/her salary range; and

2. The employee must receive the highest possible rating in at least half of the rating categories in his/her performance evaluation.

Meeting these threshold eligibility requirements renders the employee eligible to be considered for a bonus. It does not guarantee that a bonus will be awarded.

Where an employee meets the threshold eligibility requirements, his/her immediate supervisor may recommend that the employee be awarded a bonus. The employee’s Department Head must approve the recommendation. If the Department Head approves the recommendation, he/she will forward it to the Personnel Officer, who will confirm that the employee is in fact eligible for consideration for a bonus. The Personnel Officer will then forward the recommendation to the City Manager. The City

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 20
2023-2026 Memorandum of Understanding
Manager shall have discretion to approve or disapprove the bonus recommendation. If the City Manager approves, he/she shall also determine the amount of the bonus, which shall not exceed a maximum of 7% (seven percent) of the employee’s base salary for that evaluation year.

If the employee receives a bonus award, he/she may elect to have the bonus paid either as a lump sum contribution to his/her 457 plan or as a lump sum cash award paid directly to him/her.

The bonus does not become a part of the employee’s salary. After payment (whether as a contribution to the employee’s 457 plan or as a cash payment directly to the employee), the employee receives no further payment under his/her bonus award for that evaluation year.

Employees may receive bonus awards more than once during their employment with the City, provided all the requirements of this section are met.

ARTICLE XV

SALARY CHANGES
A. Base Wage/Salary Rates. Effective November 1, 2023 the City will increase the base wage and salary rates of employees covered by this Memorandum of Understanding by three and one-quarter percent (3.25%) of the rates in effect on October 31, 2023.

Effective November 1, 2024 the City will increase the base wage and salary rates of employees covered by this Memorandum of Understanding by three and one-quarter percent (3.25%) of the rates in effect on October 31, 2024.

Effective November 1, 2025 the City will increase the base wage and salary rates of employees covered by this Memorandum of Understanding by three and one-half percent (3.5%) of the rates in effect on October 31, 2025.

B. Wage/Salary Rate Tables. The results of the increases described above are illustrated in Exhibit A of this Memorandum of Understanding.

C. Total Compensation Survey. As soon as administratively possible, or within nine months of adoption, whichever is sooner, the City will contract for a total compensation survey to include the following classifications: Administrative Analyst II; Assistant Engineer; Associate Engineer; Associate Planner.

The City will consult with the Association throughout the process and share the results of said survey when completed. The parties agree to meet-and-confer on the results of the survey in so far as any compensation adjustments that the parties may agree to. Any increases that result from the meet-and-confer shall be in addition to the 2023 increase provided above.

D. Add Step to Salary Ranges. Effective November 1, 2024, the City will add a Step G to each represented classification salary range. The added Step G will be 2.5% above Step F.

Eligible employees will be placed at Step G on November 1, 2024 all others when eligible per the City’s merit increase policy and procedure.

ARTICLE XVI

DEFERRED COMPENSATION PLAN

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 21
2023-2026 Memorandum of Understanding
Each employee shall have the option of making monthly contributions to the City’s 457 Deferred Compensation Plan. Upon proof to the Personnel Officer of medical coverage from another source, employees may elect to have the City pay $400.00 per month on his/her behalf into the City’s Deferred Compensation Plan in lieu of the City’s contribution to the employee’s medical plan.

An employee may elect to defer up to the maximum dollar amount allowed by law to his/her 457 account under the City’s Deferred Compensation Plan.

ARTICLE XVII

RETIREE HEALTH SAVINGS ACCOUNTS
Effective October 1, 2022, into each Retiree Health Savings Account, regardless of employee hire date, the City shall contribute seventy-five dollars ($75) per month. This amount may be prospectively eliminated, reduced or increased through the meet and confer process undertaken for the negotiation of any successor MOU, or at any other time by mutual agreement.

Reversion of Residual Funds. In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account and leaves no spouse or dependents, the remaining amount shall revert back to the City.

ARTICLE XVIII

COMMENCEMENT OF NEGOTIATIONS
Not more than ninety (90) calendar days and not less than sixty (6) calendar days prior to the expiration of the agreement, either Party may request in writing of the other to commence negotiations. Upon such request, the Parties will schedule a mutually convenient date and time to meet and begin bargaining.

ARTICLE XIX

NO STRIKE OR LOCKOUTS
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, City employees shall not engage in or support strikes, work stoppages, slow downs, boycotts, or other direct or indirect work actions against the City. Any employee participating in these prohibited activities may be disciplined by the City.

ARTICLE XX

FULL AGREEMENT
It is understood that this Agreement represents a complete and final understanding on all negotiable issues between the City and PACE. This Agreement supersedes all previous Memoranda of Understanding between the City and PACE except as specifically referred to in this Agreement.

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 22
2023-2026 Memorandum of Understanding

ARTICLE XXI

SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by a court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remained 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.

ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “B”

AND COVERED EMPLOYEES
The City recognizes the Association as the sole and exclusive representative for the Confidential/Professional Employees’ Bargaining Unit “B” consisting of the following classifications, as well as any new classifications which may be assigned to this representation unit by the City Manager:

Accountant
Accounting Technician I
Accounting Technician II
Administrative Analyst I
Administrative Analyst II
Administrative Specialist
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Plan Checker
City Code Investigator
Community Relations Specialist/Public Information Officer Computer Technician I
Computer Technician II
Executive Assistant to the City Council/City Manager
Executive Secretary to the Police Chief
Human Resources Analyst
Human Resources Technician
Information Systems Technician, Police Department
Information Technology Specialist
Office Assistant
Payroll Technician
Permit Technician
Planning Technician
Receptionist
Secretary
Part-time and temporary employees, as defined by the City’s Personnel Rules and Regulations, are not covered by this agreement.

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Packet Pg. 86
Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 23
2023-2026 Memorandum of Understanding
Vacancies in any of the classifications represented by PACE shall be posted on bulletin boards accessible to current members, notifying them of the vacancies and application requirements.

Public notice of both open and promotional selection processes shall be given at least seven days in advance of the last date for filing applications.

ARTICLE XXIII

TERM OF AGREEMENT
This Agreement shall become effective as of November 1, 2023 and shall continue in full force and effect until expiration at midnight October 31, 2026.

AS WITNESSED HERETO by the following parties:

FOR THE CITY OF PLEASANT HILL: FOR PACE:

Matt Rinn Jeffrey Finn
Mayor PACE President
Ethan Bindernagel Omar Adina
City Manager PACE Vice-President
Ericka Mitchell Ross Yangwas
Chief Human Resources Officer PACE Secretary
APPROVED AS TO FORM:

Janet Coleson
City Attorney
NEGOTIATED FOR CITY: NEGOTIATED FOR ASSOCIATION:

Gregory Ramirez Jon Crawford
Chief Negotiator Chief Negotiator

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill
– PACE 24
2023-2026 Memorandum of Understanding

EXHIBIT A

NEW SALARY RANGES
EFFECTIVE NOVEMBER 1, 2023

RANGE A B C D E F POSITION
60 4461 4689 4921 5169 5425 5698 RECEPTIONIST

62.5 5028 5346 5623 5899 6191 6501 SECRETARY/OFFICE ASSISTANT 65 5090 5412 5679 5846 6262 6580
70 5209 5555 5831 6122 6422 6748 ACCOUNTING TECHNICIAN I 75 5334 5679 5966 6262 6580 6901 PLANNING TECHNICIAN/PERMIT TECHNICIAN 80 5584 5935 6233 6550 6874 6913
85 5600 5965 6263 6580 6899 7240
90 5762 6122 6422 6748 7087 7439 HUMAN RESOURCES TECHNICIAN/ACCOUNTING TECHNICIAN II 95 5914 6297 6600 6943 7290 7658 ADMINISTRATIVE SPECIALIST/PAYROLL TECHNICIAN 100 6100 6487 6816 7159 7510 7885
105 6110 6563 6887 7232 7591 7972 EXEC ASSISTANT TO POLICE CHIEF 110 6475 6874 7222 7578 7961 8362 EXEC ASSISTANT TO CITY MGR & CITY COUNCIL 115 6487 6899 7240 7603 7985 8386
120 6659 7272 7635 8018 8420 8843 ACCOUNTANT/COMPUTER TECHNICIAN I 125 6809 7228 7717 8100 8506 8929 ADMIN ANALYST I
130 6987 7439 7808 8204 8606 9043
135 7276 7762 8152 8554 8988 9439 ASSISTANT PLANNER
140 7347 7808 8204 8606 9043 9497 CITY CODE INVESTIGATOR/COMPUTER TECHNICIAN II 145 7492 7987 8388 8810 9251 9716
150 7568 8104 8514 8932 9380 9851 INFORMATION SYSTEMS TECHNICIAN, POLICE DEPARTMENT 151 7649 8155 8566 8989 9443 9914 ADMIN ANALYST II/HR ANALYST/COMMUNITY RELATIONS SPECIALIST/PIO 152.5 7718 8204 8606 9043 9497 9974 ASSISTANT ENGINEER
155 7883 8385 8809 9251 9716 10196 ASSOCIATE PLANNER
165 8373 8989 9439 9910 10407 10928
170 8499 9043 9497 9974 10469 10999 INFO TECHNOLOGY SPECIALIST 175 8923 9497 9974 10467 10999 11544 ASSOCIATE ENGINEER Adopted by Resolution XX-XX on [insert date and year]

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill
– PACE 25
2023-2026 Memorandum of Understanding

EXHIBIT A

NEW SALARY RANGES
EFFECTIVE NOVEMBER 1, 2024

RANGE A B C D E F G POSITION
60 4606 4841 5081 5337 5601 5884 6031 RECEPTIONIST

62.5 5192 5520 5806 6090 6392 6712 6880 SECRETARY/OFFICE ASSISTANT 65 5256 5588 5863 6036 6466 6794 6964
70 5378 5735 6020 6321 6631 6968 7142 ACCOUNTING TECHNICIAN I 75 5507 5863 6160 6466 6794 7126 7304 PLANNING TECHNICIAN/PERMIT TECHNICIAN 80 5765 6128 6436 6763 7098 7137 7315
85 5782 6159 6467 6794 7123 7475 7662
90 5950 6321 6631 6968 7317 7681 7873 HUMAN RESOURCES TECHNICIAN/ACCOUNTING TECHNICIAN II 95 6106 6502 6814 7168 7527 7907 8105 ADMINISTRATIVE SPECIALIST/PAYROLL TECHNICIAN 100 6298 6698 7037 7392 7754 8141 8345
105 6309 6776 7111 7467 7838 8231 8437 EXEC ASSISTANT TO POLICE CHIEF 110 6685 7098 7457 7824 8219 8634 8850 EXEC ASSISTANT TO CITY MGR & CITY COUNCIL 115 6698 7123 7475 7850 8245 8659 8875
120 6875 7508 7883 8279 8694 9131 9359 ACCOUNTANT/COMPUTER TECHNICIAN I 125 7031 7462 7968 8363 8782 9219 9449 ADMIN ANALYST I
130 7214 7681 8062 8471 8886 9337 9570
135 7512 8015 8417 8832 9280 9746 9990 ASSISTANT PLANNER 140 7586 8062 8471 8886 9337 9806 10051 CITY CODE INVESTIGATOR/COMPUTER TECHNICIAN II 145 7735 8247 8661 9097 9552 10032 10283
150 7814 8367 8791 9222 9685 10171 10425 INFORMATION SYSTEMS TECHNICIAN, POLICE DEPARTMENT 151 7897 8420 8844 9281 9750 10236 10492 ADMIN ANALYST II/HR ANALYST/COMMUNITY RELATIONS SPECIALIST/PIO 152.5 7969 8471 8886 9337 9806 10298 10555 ASSISTANT ENGINEER 155 8139 8657 9096 9552 10032 10527 10790 ASSOCIATE PLANNER 165 8645 9281 9746 10232 10745 11283 11565
170 8775 9337 9806 10298 10809 11357 11641 INFO TECHNOLOGY SPECIALIST 175 9213 9806 10298 10808 11357 11920 12218 ASSOCIATE ENGINEER Adopted by Resolution XX-XX on [insert date and year]

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Packet Pg. 89
Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill
– PACE 26
2023-2026 Memorandum of Understanding

EXHIBIT A

NEW SALARY RANGES
EFFECTIVE NOVEMBER 1, 2025

RANGE A B C D E F G POSITION
60 4768 5010 5259 5523 5797 6089 6242 RECEPTIONIST

62.5 5373 5713 6009 6304 6616 6947 7121 SECRETARY/OFFICE ASSISTANT 65 5440 5784 6069 6247 6692 7032 7208
70 5566 5936 6231 6542 6863 7212 7392 ACCOUNTING TECHNICIAN I 75 5700 6069 6375 6692 7032 7375 7560 PLANNING TECHNICIAN/PERMIT TECHNICIAN 80 5967 6342 6661 7000 7346 7387 7571
85 5985 6374 6693 7032 7373 7737 7930
90 6158 6542 6863 7212 7574 7950 8149 HUMAN RESOURCES TECHNICIAN/ACCOUNTING TECHNICIAN II 95 6320 6729 7053 7419 7791 8184 8389 ADMINISTRATIVE SPECIALIST/PAYROLL TECHNICIAN 100 6519 6932 7283 7651 8026 8426 8637
105 6530 7013 7359 7728 8112 8519 8732 EXEC ASSISTANT TO POLICE CHIEF 110 6919 7346 7718 8098 8507 8936 9160 EXEC ASSISTANT TO CITY MGR & CITY COUNCIL 115 6932 7373 7737 8125 8533 8962 9186
120 7116 7771 8159 8569 8998 9450 9687 ACCOUNTANT/COMPUTER TECHNICIAN I 125 7277 7724 8247 8656 9090 9542 9780 ADMIN ANALYST I
130 7466 7950 8344 8767 9197 9663 9905
135 7775 8295 8711 9141 9605 10087 10340 ASSISTANT PLANNER 140 7852 8344 8767 9197 9663 10149 10403 CITY CODE INVESTIGATOR/COMPUTER TECHNICIAN II 145 8006 8536 8964 9415 9886 10383 10643
150 8088 8660 9098 9545 10024 10527 10790 INFORMATION SYSTEMS TECHNICIAN, POLICE DEPARTMENT 151 8174 8714 9154 9606 10091 10595 10859 ADMIN ANALYST II/HR ANALYST/COMMUNITY RELATIONS SPECIALIST/PIO 152.5 8248 8767 9197 9663 10149 10659 10924 ASSISTANT ENGINEER 155 8424 8960 9414 9886 10383 10896 11168 ASSOCIATE PLANNER 165 8947 9606 10087 10590 11121 11678 11970
170 9082 9663 10149 10659 11187 11754 12048 INFO TECHNOLOGY SPECIALIST 175 9535 10149 10659 11186 11754 12337 12646 ASSOCIATE ENGINEER Adopted by Resolution XX-XX on [insert date and year]

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 27
2023-2026 Memorandum of Understanding

EXHIBIT B

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

1. Leave of absence without pay for up to but no more than four and one half (4 ½) 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 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 months (4 ½) leave, shall constitute abandonment of position.

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

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Packet Pg. 91
Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 28
2023-2026 Memorandum of Understanding
Date:

TO: , Department Head
FROM: , Employee
I hereby request a maternity Leave of Absence Without Pay from to
I request the use of Vacation hours.

Approved – Department Head
I request the use of compensatory hours.

Approved – Department Head
I understand the following maternity policy:

1. Leave of absence without pay for up to but no more than four and one half (4 ½) 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 premium 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.

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU) City of Pleasant Hill – PACE 29
2023-2026 Memorandum of Understanding

7. The four and one half months (18 weeks) Leave of Absence will be 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 an 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 ½) months leave, shall constitute abandonment of position.

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

I acknowledge that all of the provisions of this policy above are fully understood.

(Employee Signature) (Date)

(Approved-Department Head Signature) (Date)

(Approved-Personnel Officer Signature) (Date)

(Approved-City Manager Signature) (Date)

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Attachment: Exhibit 2 - PACE MOU - November 1, 2023 through October 31, 2026 (PACE Successor MOU)

CITY COUNCIL STAFF REPORT
Meeting Date: January 08, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT ORDINANCE NO. ___ REZONING HOUSING OPPORTUNITY SITES IDENTIFIED IN THE 2023-2031 HOUSING ELEMENT AND
AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.20 (R – RESIDENTIAL DISTRICTS), INTRODUCING CHAPTER 18.22 (MIXEDUSE DISTRICTS), AND AMENDING CHAPTER 18.50 (USE CLASSIFICATIONS), CHAPTER 18.55 (OFF-STREET PARKING AND LOADING) AND CHAPTER 18.140 (DEFINITIONS)

SYNOPSIS
The City is proposing to rezone specific parcels designated as opportunity sites in the 2023-2031 Housing Element, as well as amend various sections of the City’s Zoning Ordinance (Pleasant Hill Municipal Code (PHMC) Title 18). The proposed amendments include modifications to existing residential zoning district land use and development standards (PHMC Chapter 18.20), and the introduction of new land use and development standards for new mixed-use zoning districts (PHMC Chapter 18.22). Related amendments are also proposed for use classification (PHMC Chapter 18.50), off-street parking and loading regulations (PHMC Chapter 18.55), and definitions (PHMC Chapter 18.140). The proposed ordinance was introduced at a public hearing held on December 18, 2023, at which the City Council provided direction related to parking, and is now submitted for a second reading and consideration for adoption.

DISCUSSION
Building Height, and Required Yards, and Setbacks Diagram At the December 18, 2023 public hearing, City Council noted that the “Building Height, and Required Yards, and Setbacks” diagram, contained in PHMC Section 18.20.040.D and PHMC Section 18.22.040.E, was confusing to understand. Staff reviewed the diagram and is proposing a minor modification to the graphical representation of an “additional side/rear yard area”. The modification is a clarification to the exhibit only, with no substantive change to the proposed governing provisions. The modified diagram is included in the proposed ordinance (Attachment A).

9.5 Packet Pg. 94
Off-Street Parking and Loading Regulations (PHMC Chapter 18.55) At the December 18, 2023 public hearing, the City Council unanimously moved to introduce the proposed ordinance with one modification: to defer any changes to parking requirements for residential uses (contained in PHMC Chapter 18.55), consistent with General Plan 2040 as part of the comprehensive Zoning Ordinance update. The modified ordinance (Attachment A) reflects this direction.

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the ordinance.

ATTACHMENTS
A Proposed Ordinance
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager

9.5 Packet Pg. 95
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL REZONING HOUSING OPPORTUNITY SITES IDENTIFIED IN THE 2023-2031 HOUSING ELEMENT, AND AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.20 (R – RESIDENTIAL DISTRICTS), INTRODUCING CHAPTER 18.22 (MIXED-USE DISTRICTS), AND AMENDING CHAPTER 18.50 (USE CLASSIFICATIONS), CHAPTER 18.55 (OFFSTREET PARKING AND LOADING) AND CHAPTER 18.140 (DEFINITIONS) WHEREAS, the Housing Opportunity Sites, identified in the 2023-2031 Housing Element are proposed to be rezoned for consistency with the General Plan and State Housing Element Law; and
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are related to multi-family residential zoning districts and new mixed-use zoning district, with related amendments to use classifications, off street parking standards and definitions; and WHEREAS, the amendments are necessary to implement the goals and policies of the recently adopted 2040 General Plan and 2023-2031 Housing Element; and WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 36-23 adopting environmental findings pursuant to the California Environmental Quality Act, certifying the final Environmental Impact Report (EIR) (SCH #2022070095) for the Pleasant Hill General Plan, including the 2023-2031 Housing Element, adopting the Mitigation Monitoring and Reporting Program, and approving the comprehensive update to the City’s existing General Plan; and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 37-23 adopting the City of Pleasant Hill 2023-2031 Housing Element in compliance with State Housing Element Law, repealed the 2015-2023 Housing Element, and certified an Environmental Impact Report (EIR); and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 38-23 adopting the City of Pleasant Hill 2040 General Plan, excluding the 2023-2031 Housing Element, and certification of an EIR; and
WHEREAS, on November 1, 2023, after notice thereof having been duly, regularly and lawfully given, the Planning Commission held a Special Meeting for a Study Session on the proposed ordinance amendments. The Planning provided preliminary feedback and was generally supportive of the changes but asked Staff to consider the following clarifications and modifications:
 Incorporate more flexibility in the minimum percentage of commercial proposed for mixed-use zones, and consider a waiver/reduction process where 25-percent minimum commercial may not be feasible or desirable
 For context, provide examples of projects with Floor Area Ratio’s (FAR) that are

9.5.a
Packet Pg. 96
Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) comparable to the new zoning designations
 Research other jurisdictions with minimum commercial requirements in mixed-use zones
Six members of the public spoke at the hearing Six members of the public spoke at the meeting and expressed concerns with the proposed building heights, noise impacts on existing residential neighborhoods, City’s noticing of the item, potential impacts to the two opportunity sites on Paso Nogal and Morello.

WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held before the Planning Commission at a Special Meeting, on the proposed ordinance was noticed for November 29, 2023 where all interested persons might appear and be heard; and WHEREAS, on November 29, 2023, at a Special Meeting of the Planning Commission, Resolution No. 23-23 was adopted recommending that the City Council approve the proposed ordinance; and
WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance was held by the City Council on December 18, 2023, where all interested persons might appear and be heard.

NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 the City Council hereby finds that no further environmental review is required for the proposed ordinance amendments as the previously certified EIR (certified on May 18, 2023) adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.

Section 3. Section 18.20.010 Specific purposes – Summary of residential districts is amended as follows:

18.20.010 Specific purposes – Summary of residential districts A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of residential districts are to:

1. Preserve, protect and enhance appropriately located areas for residential land use, consistent with the city-wide design guidelines, general plan, and the standards of public health and safety.

2. Minimize the impacts of uses. Protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse environmental effects.

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Packet Pg. 97
Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

3. Achieve design compatibility between new multifamily development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.

4. Ensure adequate provisions for sites, with reasonable access to public services, for appropriate public and semipublic land uses, including care facilities, needed to complement residential development or that require a residential environment. At the same time, protect the relatively quiet, primarily noncommercial, family atmosphere of neighborhoods.

5. Minimize the out-of-scale appearance of large homes, parking areas, and other development relative to their lot size and to other homes in a neighborhood.

6. Minimize transient occupancy (other than transitional housing), where occupants may have few or no bonds with the community, thereby diminishing the sense of community in a particular neighborhood.

7. Provide for certain care facilities to benefit disabled persons while ensuring that such uses do not create an institutional environment that would defeat the purpose of community-based care (either by overconcentration or by impacts of the use).

B. Summary of residential districts. Eleven residential districts are established to carry out these purposes:

1. R-20 and R-15 single-family residential districts. The R-20 and R-15 districts allow for low density single-family residential land use, at densities from 1.3 to 3 units per net acre subject to appropriate standards. In the R-20 district the minimum lot size is 20,000 square feet. In the R-15 district, the minimum lot size is 15,000 square feet.

2. R-10 and R-10A single-family residential districts. The R-10 and R-10A districts allow for medium density single-family residential land use at densities from 3.1 to 4.5 units per net acre, subject to appropriate standards. In the R-10 district the minimum lot size is 10,000 square feet. In the R-10A district, the average lot size is 10,000 square feet or more and the minimum lot size is 7,000 square feet.

3. R-7 and R-6 single-family residential districts. The R-7 and R-6 districts allow for high density single-family residential land use at densities from 4.6 to 7.3 units per net acre subject to appropriate standards. In the R-7 district the minimum lot size is 7,000 square feet.

In the R-6 district, the minimum lot size is 6,000 square feet.

4. MRVL very low density multi-family residential district. The MRVL district allows multiple-family residential uses, including duplexes, townhouses and attached or detached single-family homes on small lots; all with landscaped open space at a density between 7 and

11.9 units per acre.

5. MRL low density multi-family residential district. The MRL district allows multiplefamily residential uses including duplexes, townhouses, and single-family attached homes with zero lot line, mobile homes or cluster housing; all with landscaped open space at a density between 12 and 19.9 units per acre.

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Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

6. MRM medium density multi-family residential district. The MRM district allows multiple-family residential uses including townhouses, mobile homes, condominiums or apartments at a density between 20 and 29.9 units per acre.

7. MRH high density multi-family residential district. The MRH district allows for intensive multiple-family residential uses including townhouses, condominiums and apartments with a density range between 30 and 40 units per acre.

8. MRVH high density multi-family residential district. The MRVH district allows for intensive multi-family residential uses including studio flats, condominiums, and apartments with a density range between 40 and 73 units per acre.

9. HPUD residential hillside planned unit development. The HPUD allows for limited residential development including townhouses, condominiums and single-family homes on parcels having an average slope of 15 percent or greater. The following parcels shall be exempt from the HPUD standards established in this title: (Reference: PHMC Chapter

18.35.)
a. 152-010-004 (off of Paso Nogal Road)
b. 154-140-015 (off of Morello Avenue)

10. PUD residential planned unit development. The PUD allows for a total number of dwelling units that does not fall below the minimum number or exceed the maximum number permitted by the general plan for the total area allocated to residential use. (See also Gov’t Code § 65589.5.) (Ord. § __-__, 2023; (Ord. 867 § 4, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 2, 2005; Ord. 710 § 35-5.1, 1996; 1991 code § 35-5.1) Section 4. Section 18.20.020 Land use regulations for all residential districts is amended as follows:

Section 18.20.020 Land use regulations for all residential districts In Schedule 18.20.020, the uses allowed for each residential zoning district are established by letter designations as follows:
“P” designates use classifications permitted in residential districts. “U” designates use classifications permitted on approval of a use permit. “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.

The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution

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Packet Pg. 99
Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.

SCHEDULE 18.20.020
R AND MR DISTRICTS:

LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
R-20
R-15
R-10
R-10A
R-7
R-6 MRVL MRL MRM MRH MRVH
Additional Use
Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.

Accessory, junior, dwelling
unit
See PHMC § 18.20.095.

Bed and breakfast – – – – – – – –
Care facility, small, licensed P P P P P P P P
Care facility, small,
unlicensed
U U U U U U U U See PHMC §

18.20.075.

Emergency homeless shelter U U U – – – – – Only on church or school sites. See
PHMC §

18.20.085.B and
C.

Family day care home, up to
14 children

P P P P P P P P
-
Group residential – – – P P P P P
Home occupation P P P P P P P P See PHMC §

18.20.070.

Multifamily residential – – – P P P P P
Senior housing P P P P P P P P
Single-room occupancy – – – U U U U U See PHMC §

18.20.085.

Single-family residential P P P P P P P P
with boarder or lodger P P P P P P P P No more than 3
boarders or
lodgers.

Supportive housing P P P P P P P P
Transitional housing P P P P P P P P

9.5.a
Packet Pg. 100 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) Public and Semipublic
Care facility, large, licensed
or unlicensed
–––UUUUU See PHMC §

18.20.075.

CemeteryUUUUUUUU
Clubs and lodgesUUUUUUUU
Community centerUUUUUUUU
Cultural institutionsUUUUUUUU
Day care, generalUUUUUUUUL-1
Park and recreational
facilities

UUUUUUUU
Public safety facilitiesUUUUUUUU
Offender rehabilitation
services
––––––––
Religious assemblyUUUUUUUU
Schools, public or privateUUUUUUUU
Utilities, majorUUUUUUUU
Utilities, minorPPPPPPPP
Wireless telecommunications
facility
L-3L-3L-3L-3L-3L-3L-3L-3 See PHMC
Chapter 18.67.

Commercial Uses
Animal sales and service–––––––– Only animal
boarding and
riding academies.

Horticulture, limitedUUUUUUUU
Accessory Uses
P/U P/U P/U P/U P/U P/U P/U P/U See PHMC §

18.20.050.

Temporary Uses
See PHMC
Chapter 18.100.

Agricultural salesTT–––––– See L-7.

Animal shows or sales–TT––––– See L-2 and L-5.

Arts and crafts show outdoors–TT––––– See L-2 and L-5.

Christmas tree sales–TT––––– See L-2 and L-7.

Civic and community events–TT––––– See L-2 and L-6.

Commercial filming, limited–TT––––– See L-2 and L-6.

Live entertainment events–TT––––– See L-2, L-4 and
L-6.

Outdoor exhibits–TT––––– See L-2 and L-6.

Personal property salesPPPPPPPP See L-5.

9.5.a
Packet Pg. 101 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) R and MR Districts: Limitations on Specific Use Classifications L-1 Minimum site area of 10,000 square feet.

L-2 Minimum site area of one acre.

L-3 Minimum site area of three acres.

L-4 See PHMC § 18.25.090 for live entertainment standards.

L-5 Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days.

L-6 Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days.

L-7 Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence.
(Ord. § __-__, 2023; Ord. 938 § 3, 2020; Ord. 934 § 3, 2019; Ord. 915 § 4, 2017; Ord. 910 § 2, 2017; Ord. 890 § 9, 2015; Ord. 874 § 3, 2013; Ord. 867 § 5, 2012; Ord. 865 § 2, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 837 § 3, 2009; Ord. 796 § 3, 2005; Ord. 768 § 5, 2003; Ord. 727 §§ 9, 12, 1998; Ord. 710 § 35-5.2, 1996; 1991 code § 35-5.2) Section 5. Section 18.20.030 Development regulations for all residential districts is amended as follows:

Section 18.20.030 Development regulations for all residential districts A. Schedule 18.20.030 prescribes development regulations for residential districts. The “Additional Development Regulations” column refers to PHMC § 18.20.040, additional development regulations, or to regulations located elsewhere in this chapter.

B. Supplemental regulations applicable to all development in R districts are in PHMC §

18.20.050 through § 18.20.140; they set forth requirements for accessory structures, affordable housing, home occupations, large family day care, second units, and swimming pools and hot tubs.

C. Regulations applicable to all zoning districts, included in Part 4, set forth requirements for:

Pumpkin sales – T T – – – – – See L-2 and L-7.

Recreational events – T T – – – – – See L-2 and L-6.

Religious or group assembly
events
– T T – – – – – See L-2 and L-6.

Street fairs T T T T T T T T See L-7.

Swap meet – T T – – – – – See L-2 and L-5.

Trade fairs – T T – – – – – See L-2 and L-5.

Nonconforming Uses
See PHMC
Chapter 18.65.

9.5.a
Packet Pg. 102 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

1. Additional site development regulations (PHMC Chapter 18.50);

2. Off-street parking and loading (PHMC Chapter 18.55);

3. Signs (PHMC Chapter 18.60); and

4. Nonconforming uses and structures (PHMC Chapter 18.65).

9.5.a
Packet Pg. 103 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) SCHEDULE 18.20.030

DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §

18.20.040)
Minimum Site
Area per
Dwelling Unit
(sq. ft.) 20,000 15,000 10,000 10,000 7,000 6,000 3,500 2,500 1,500 1,150 600 Minimum Lot
Area (sq. ft.) 20,000 15,000 10,000 7,000 7,000 6,000 10,000 10,000 8,500 8,000 8,000 A, B Minimum Lot
Width (feet) 100 100 80 70 70 60 70 70 80 80 80
Minimum Lot
Depth (feet) 120 100 90 90 90 90 90 90 90 90 90
Front
Setback(feet) 25 20 20 20 20 20 15 15 10 10 10 C
Rear Setback
(feet) 15 15 15 15 15 15 15 15 15 15 15 D, J
Corner Side
Setback(feet) 15 15 15 15 15 15 15 15 10 10 10 C, D, J
Side Setback
(feet) 15 10 5 5 5 5 10 10 10 5 5 D, E, J
Aggregate Side
Setback (feet) 35 25 15 15 15 15 20 20 20 10 10 D, E, J Creek Setbacks – – – – – – – – – – –
See PHMC §

18.50.150
regarding creek
setbacks.

Maximum
Building
Height (feet) 35 35 35 35 35 35 35 35 40 50 60
Maximum
Number of
Stories 2.5 2.5 2.5 2.5 2.5 2.5 -
Maximum Lot
Coverage 25% 25% 30% 35% 35% 35% 40% 40% 50% 60% 70%
Maximum
Floor Area
Ratio 40% 40% 40% 40% 40% 40% – – – – –
Open Space – – – – – – – – – – – F, G
Scenic Route 50 50 50 50 50 50 50 50 50 50 50
Minimum Site
Landscaping – – – – – – 35% 35% 30% 25% 15% H
Fences and
Walls – – – – – – – – – – - I
Supplemental
Regulations – – – – – – – – – – -
See PHMC §§

18.20.050 through

18.20.140 and Part

4. Nonconforming
Structures – – – – – – – – – – -
See PHMC
Chapter 18.65.

9.5.a
Packet Pg. 104 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) SCHEDULE 18.20.030

DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §

18.20.040)
City-Wide
Objective
Design
Standards – – – – – – – – – – –
See PHMC §

18.20.040.K.
(Ord. § __-__, 2023; Ord. 955 § 3, 2022; Ord. 949 § 4, 2021; Ord. 890 § 10, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 3 (Exh. A), 2010; Ord. 796 § 4, 2005; Ord. 710 § 35-5.4, 1996; 1991 code § 35-5.4) Section 6. Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 is amended as follows:

Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 A. Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications: general day care, general residential care, and public or private schools.

B. Minimum required lot area. Minimum required lot area shall be “net” as defined in PHMC §

18.140.010; except, for minor subdivisions located within the R-6 through R-10 zone districts, comprised of not more than two parcels, the following exception may be approved by the zoning administrator and/or the planning commission when considering approval of the minor subdivision:

1. The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30 percent of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decisionmaking authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and

2. The gross lot area of each parcel in the proposed minor subdivision complies with the lot area required by the general plan.

C. Corner or double-frontage lots. Double-frontage lots shall have a front yard on each frontage.

Corner lots shall have a front yard on each frontage: the front side and the corner side yard (usually the longest frontage; see PHMC Chapter 18.140, definition of “yard types”). On a corner lot where the entry to the dwelling is on the corner side, this corner side may be used as the front yard; provided, that: (1) all other yard setbacks are in compliance with PHMC §

18.20.030; and (2) garages (attached or detached) with driveway access from the corner side property line are set back a minimum of 20 feet from the corner side property line. (See off-street parking and loading regulations, PHMC § 18.55.150.)

9.5.a
Packet Pg. 105 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) D. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:

1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.

2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, but not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.

BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS
(The diagram is illustrative)
E. Zero-side yard development. A structure constructed in conformance with the standards for zero-side yard development in effect immediately before this chapter was adopted shall not be considered a nonconforming structure subject to PHMC Chapter 18.65; provided, that an exterior addition or enlargement shall require a use permit issued by the zoning administrator, and no addition or enlargement shall increase the existing floor area by more than 10percent nor increase the lot coverage to more than 50 percent.

9.5.a
Packet Pg. 106 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) F. Open space. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.

1. Private open space. Private open space areas must comply with sections II.B.8 and II.B.9 of the adopted Residential Guidelines and Objective Design Standards (City Council Resolution No. 18-22)

2. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas, or area required for front or corner side yards unless these yard areas are landscaped and usable.

G. Park land dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill subdivision ordinance (PHMC Title 17).

H. Planting areas. In addition to the minimum percentage of the site to be landscaped, listed in the schedule, the following requirements apply:

1. Yards adjoining streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be landscaped. In R (single-family) districts, a minimum of 50percent of the required front yard shall be maintained as landscaped area.

Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features and other decorative pervious surfaces subject to the approval of the zoning administrator.

2. Interior yards. In the MRVL and MRL districts, at least 50 percent of each required interior side yard and rear yard shall be landscaped having a minimum width of seven and one-half feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear yard adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear yard.

3. Notwithstanding subsection H.2 of this section and sections II.A.9 and II.B.13 in the adopted City Wide Design Guidelines and Objective Design Standards (City Council Resolution No. 18-22) a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM, MRH, MRVH zone district adjoins an R (single-family) district.

4. Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).

I. Fences and walls. The maximum height of any fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified below. For single-family residences on corner lots, a five-foot setback from the corner side

9.5.a
Packet Pg. 107 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) property line is required for a wall or fence over three feet in height. (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B.

1. Key lots. Where a corner lot abuts a key lot, a triangular area, 12 feet on each side, must remain unfenced.

KEY LOTS
* The above exhibit is provided for illustrative purposes only.

2. Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way or public street, the maximum rear yard fence height is eight feet.

3. Fences with retaining walls. The height is measured as the combined height of a retaining wall, fence, wall or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is

9.5.a
Packet Pg. 108 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. Height is measured pursuant to PHMC § 18.145.050.B.

4. Sight distance. All fences are subject to the visibility requirements of PHMC § 18.50.100.

5. Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.

J. Setbacks from vehicular easements. Minimum required yard setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public right-of-way.

K. City-wide objective design standards. All single-family residential and multifamily residential development shall comply with objective design standards, as adopted by city council resolution.

1. Streamlined residential projects. If a proposed residential development project qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed residential development projects that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-5.5, 1996; 1991 code § 35-

5.5)
Section 7. Chapter 18.22 MX – Mixed-Use Districts is added as noted below:

Chapter 18.22 – MX – Mixed-Use Districts
Sections:

18.22.010 Specific purposes – Summary of mixed-use districts.

18.22.020 Land use regulations for all mixed-use districts.

18.22.030 Property development regulations in the mixed-use districts.

18.22.040 Additional development regulations corresponding to Schedule 18.25.030.

18.22.010 Specific purposes – Summary of mixed-use districts.

A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of mixed-use districts are to:

1. Ensure mixed-use development is consistent with the overall community character and serves the existing and future needs of residents and visitors.

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Packet Pg. 109 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

2. Allow a variety of compatible land uses that provide flexibility to property and/or business owners.

3. Achieve compatibility between new mixed-use development and surrounding less intensive residential and commercial uses by establishing physical development standards and performance standards.

4. Ensure adequate development standards and regulations are in place to foster successful and innovative mixed-use developments.

B. Summary of mixed-use districts. Four mixed-use districts are established to carry out these purposes:

1. MX-NB mixed-use neighborhood districts. The MX-NB district allows a range of neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of compact single-family, multiple-family residential, and commercial uses located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of compact single-family in horizontal format, townhouses, condominiums, or apartments at a density between 1 and 20 units per acre.

2. MX mixed-use districts. The MX district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixeduse). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live work units, townhouses, apartments, studio flats, and condominiums at a density between 12 and 40 units per acre.

3. MX-HD mixed-use high-density districts. The MX-HD district allows for diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use).

Multiple-family residential uses include live-work units, townhouses, apartments, studio flats, and condominiums at a density between 40 and 70 units per acre.

4. MX-VHD mixed-use very high-density district. The MX-VHD district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 70 and 100 units per acre.

18.22.020 Land use regulations for all mixed-use districts.

In Schedule 18.22.020, the uses allowed for each mixed-use zoning district are established by letter designations as follows:
“P” designates use classifications permitted in mixed-use districts. “U” designates use classifications permitted on approval of a use permit.

9.5.a
Packet Pg. 110 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.

The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.

SCHEDULE 18.22.020
MIXED-USE DISTRICTS:

LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
MX-N MX MX-HD MX-VDH Additional Use Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.

Accessory, junior, dwelling
unit
See PHMC § 18.20.095.

Bed and breakfast – – – –
Care facility, small, licensed P P P P
Care facility, small, unlicensed U U U U See PHMC § 18.20.075.

Emergency homeless shelter U U U U
Family day care home, up to
14 children

P P P P
Group residential – – – P
Home occupation P P P P See PHMC § 18.20.070.

Low Barrier Navigation
Center

P P P P
Mobile home park P P P P
Multifamily residential P P P P
Senior housing P P P P
Single-room occupancy – – – U See PHMC § 18.20.085.

Supportive housing P P P P
Transitional housing P P P P
Public and Semipublic
Care facility, large, licensed or
unlicensed
– – – U See PHMC § 18.20.075.

Clubs and lodges U U U U
Community center U U U U

9.5.a
Packet Pg. 111 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) Cultural institutions U U U U
Day care, general U U U U L-1
Park and recreational facilities U U U U
Public safety facilities U U U U
Offender rehabilitation
services
– – – –
Religious assembly U U U U
Schools, public or private U U U U
Utilities, major U U U U
Utilities, minor P P P P
Wireless telecommunications
facility
L-4 L-4 L-4 L-4 See PHMC Chapter 18.67.

Commercial Uses
Adult businesses – – – –
Animal boarding - – – –
Animal clinic U U U U
Animal day care U U U U
Animal grooming P P P P
Animal hospitals - - - -
Artists’ studios P P P P
Banks and savings and loans P P P P
With drive-through
service
– – – –
Cannabis retailer, medical – U U U
Cannabis retailer, adult-use – – – –
Catering services P P P P
Commercial parking facility - - - -
Eating and drinking
establishments

P P P P
With live
entertainment/dancing inside
of a building
– – – –
Type A – P P P See PHMC § 18.25.090 and PHMC
Chapter 18.70.

Type B – U U U See PHMC § 18.25.090 and PHMC
Chapter 18.70.

Type C – – – - See PHMC § 18.25.090 and PHMC
Chapter 18.70.

With up to 12 outdoor seats P P P P
With more than 12 outdoor
seats

U U U U

9.5.a
Packet Pg. 112 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) Fitness studio, less than 5,000
square feet

P P P P
Fitness studio, greater than
5,000 square feet

U U U U
Food and beverage sales P P P P
Hotels U U P P
Live entertainment – – – –
Type A – P P P
Type B – U U U
Type C – – – -
Medical marijuana
dispensaries
– – – –
Offices, general and medical,
less than 35 percent of the
gross floor area

P P P P
Personal improvement
services

U U U U
Personal services P P P P
Pharmacy P P P P
Retail sales, less than 20,000
square feet

P P P P
Research and Development U U U U
Retail sales, more than 20,000
square feet
L-3 U U U
Theaters – P P P
Travel services P P P P
Accessory Uses P/U P/U P/U P/U See PHMC § 18.20.050.

Temporary Uses
See
PHMC
Chapter

18.100.

Agricultural sales T T T – See L-5.

Arts and crafts show outdoors – T T – See L-1 and L-3.

Christmas tree sales – T T – See L-1 and L-5.

Civic and community events – T T – See L-1 and L-4.

Commercial filming, limited – T T – See L-1 and L-4.

Live entertainment events – T T – See L-1, L-2 and L-4.

Outdoor exhibits – T T – See L-1 and L-4.

Personal property sales P P P – See L-9.

9.5.a
Packet Pg. 113 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) MX-N, MX, MX-HD, and MX-VHD Districts: Limitations on Specific Use Classifications L-1 Permitted as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060.

L-2 Permitted as accessory to the primary use, occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed.

L-3 Limited to use with fewer than 20,000 square feet. Uses in excess of 20,000 square feet shall be required to obtain a use permit and the user shall have to demonstrate that the use provides for the day-to-day convenience shopping and services of the neighborhood. Supermarkets are compatible with the neighborhood business district and does not require a use permit.

L-4 Permitted, subject to a setback of 200 feet from any residential use.

L-5 Use permit approval is required if the use is within 100 feet of a residential property line, the establishment conducts business between 10:00 p.m. and 7:00 a.m., and the establishment serves alcoholic beverages.

L-9 Not more than four events during any calendar year for not more than two consecutive days per event.

L-10 Not more than six events during any calendar year for not more than 14 consecutive or nonconsecutive days per event.

18.22.030 Property development regulations in the mixed-use districts.

A. Schedule 18.22.030 sets forth the development regulations for the MX-N, MX, MX-HD, and MX-VHD districts. Letters in parentheses in the “Additional Development Regulations” column refer to regulations following the schedule or to regulations located elsewhere in this chapter.

B. Supplemental regulations applicable to all development in the MX-N, MX, MX-HD, and MXVHD districts are in PHMC §§ 18.25.050 through 18.25.140; they set forth requirements for accessory structures; accessory uses in commercial, office and light industrial districts; eating and drinking establishments with take-out service; hazardous materials storage; live entertainment; outdoor facilities; recycling facilities; and service stations and automobile washing. Regulations applicable to all zoning districts, included in Part 4, include requirements for:

1. Additional site development regulations (PHMC Chapter 18.50); Pumpkin sales – T T – See L-1 and L-5.

Recreational events – T T – See L-1 and L-4.

Religious or group assembly
events
– T T – See L-1 and L-4.

Street fairs T T T T See L-5.

Swap meet – T T – See L-1 and L-3.

Trade fairs – T T – See L-1 and L-3.

Nonconforming Uses
See
PHMC
Chapter

18.65. 9.5.a
Packet Pg. 114 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

2. Off-street parking and loading (PHMC Chapter 18.55);

3. Signs (PHMC Chapter 18.60);

4. Nonconforming uses and structures (PHMC Chapter 18.65); and

5. Adult uses (PHMC Chapter 18.70).

SCHEDULE 18.22.030 – DEVELOPMENT REGULATIONS IN MIXED-USE DISTRICTS

MX-N MX MX-HD MX-VHD
Additional
Development
Regulations
Minimum Lot Area
(square feet) 7,500 7,500 7,500 7,500
Minimum Lot
Width (feet) 75 75 75 75
Front setback (feet) 15 15 10 5 (C), (K)
Side setback (feet) 5 – - – (B), (C)
Corner Side setback
(feet) 15 10 10 5 (C)
Rear setback (feet) – – 5 5 (B), (C)
Aggregate Side
setback (feet) – – - – (C)
Creek Setbacks See PHMC § 18.50.150 regarding creek setbacks.

Scenic Route (feet) 50 50 50 50
Maximum Building
Height (feet) 35 40 50 60
Maximum Gross
FAR (commercial) 0.75 0.75 0.75 0.85
Minimum Site
Landscaping 25% 15% 15% 15% (D)
City-Wide
Objective Design
Standards
See PHMC §18.20.040.K.
(G)
Employee Eating
Area (F)
Commercial Uses (A)
Storm Drain Outlets (H)
Supplemental
Regulations See PHMC §§ 18.25.050 through 18.25.140 and Part 4.

Nonconforming
Structures See PHMC Chapter 18.65.
(Ord. 890 § 17, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 5 (Exh. B), 2010; Ord. 710 § 35-6.4, 1996; 1991 code § 35-6.4)

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Packet Pg. 115 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

18.22.040 Additional development regulations corresponding to Schedule 18.25.030.

A. Commercial Uses. Mixed-use sites not identified as a housing opportunity site towards part of the RHNA in the Pleasant Hill 6th Cycle Housing Element (2023-2031) shall include a minimum percentage of commercial based on the total proposed square footage of the project. Table

18.22.040-1 below outlines the minimum percentage of commercial based on specific corridors within the City.

B. Mixed-use Commercial Exception. Any existing single-family use in a mixed-use zone (MXN, MX, MX-HD, MX-VHD), or the replacement of an existing single-family use, is exempt from compliance with the mixed-use requirements for percentage of commercial uses outline in Table 18.22.040-1 and is considered a conforming use, for as long as the existing single-family use continues on the site. This exemption does not apply to:

1. Sites designated as housing opportunity sites in the Pleasant Hill 6th Cycle Housing Element (2023-2031).

2. Sites that undergo a lot merger with adjacent sites. Any parcels that undergo a lot consolidation shall adhere to all mixed-use use and development standard requirements.

C. Reductions from the Commercial Requirement. A Use Permit is required for mixed-use developments seeking to reduce the minimum commercial requirements in Table 18.22.040-1 and that are not exempt per Subsection B above. Additionally, a Market/Retail Feasibility Study will be required justifying the proposed reduction in commercial and why the required commercial is not feasible or that the net realized benefit to the City will be comparable to the minimum commercial percentage requirement.

D. MX-N, MX, MX-HD, and MX-VHD districts adjoining single-family residential districts.

1. Planting area. A continuous planting area having at least a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property lines adjoining a single-family residential district.

2. Fences and walls. A required yard abutting a residential district shall be enclosed by a solid wood, concrete, or masonry wall at least six feet but not more than eight feet in height, except that a wall within 15 feet of a street property line shall not exceed three feet in height. (See also PHMC § 18.25.140.)

9.5.a
Packet Pg. 116 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) REQUIRED WALLS: RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE (The diagram is illustrative)
E. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:

1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.

2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.

BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS
(The diagram is illustrative)

9.5.a
Packet Pg. 117 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) F. Minimum site landscaping. Decorative hardscape, or pervious pavement may not be used to meet minimum landscape requirements as a matter of right.

Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).

G. Buildings that incorporate over 50,000 square feet of office space shall include employee showers, clothes changing rooms, and lockers.

H. Buildings that incorporate over 10,000 square feet of office space shall provide eating facilities for employees.

I. City-wide objective design standards. All mixed-use developments that include two-thirds of the total gross floor area dedicated to residential units shall comply with the multi-family residential objective design standards, as adopted by city council resolution.

1. Streamlined mixed-use projects that include two-thirds of the total gross floor area dedicated to residential units. If a proposed mixed-use project that includes two-thirds of the total gross floor area dedicated to residential units qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed mixeduse projects that include two-thirds of the total gross floor area dedicated to residential units that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh.

A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-

5.5, 1996; 1991 code § 35-5.5)
J. Storm drains. All storm drain inlets in the MX-N, MX, MX-HD, and MX-VHD districts shall comply with the city’s national pollutant discharge elimination system (NPDES) regulations. (See PHMC Chapter 15.05.)
K. Hotels. Full-service hotels may include restaurants, bars and lounges, massage and spa services, administrative offices, and meeting and banquet rooms.

L. Vehicular easements. A minimum required yard setback shall be provided and measured from any public or private vehicular easement boundary on the property.

M. Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except by those allowable encroachments identified in Table 18.22.040-2 (Mixed-Use Zone Setback Encroachments).

Table 18.22.40-2
Mixed-Use Zone Setback Encroachments

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Packet Pg. 118 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

IMPROVEMENT MAXIMUM ALLOWED

ENCROACHMENT
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade.

Allowed in setback area
Movable tables, chairs, umbrellas, outdoor heaters. Allowed in setback area Movable partitions or planters to define an outdoor seating area not exceeding three feet in height.

Allowed in setback area
Front stoop or porch. Allowed in setback area
Bicycle racks. Allowed in setback area
Trees and tree wells. Allowed in setback area
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade Allowed in setback area Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20 percent of the length of the side of the structure on which they are located. 2 feet into setback area
Utility structures less than six square feet in size. Allowed in setback area N. Windows. Not more than 30% of any storefront (exterior) door and/or window pane shall be blocked or made opaque through the use of window treatments, paint, vinyl applications, furniture or any other method that would obstruct visibility into the building unless approved by the architectural review commission. Obstructions more than three feet away from windows are exempt. Product display spaces are allowed subject to review and approval by the zoning administrator.

O. Balconies.

1. Balconies are only allowed above the second floor on mixed-use structures.

2. Step-back Encroachment. Balconies are only allowed to encroach up to 50 percent into the required step-back area (see Subsection B above).

P. Parking Structures.

1. Parking structures are allowed in the MX-VHD only as accessory to the primary uses of the site, not standalone.

2. In addition to the Off-Street Parking and Loading Regulations in PHMC Chapter 18.55, parking garages in mixed-use districts shall not be located on the ground floor of a structure unless the structure space designed for residential, commercial, or other nonresidential uses is located between the parking garage and the street. This requirement shall not prevent a parking garage entrance at the ground floor of a structure.

Q. Ground Floor Commercial Frontage. Ground floor commercial frontages shall comply with the following:

1. Create transparent façades with windows or clear glazing for at least 70 percent of the active frontage length along primary streets or public open spaces and 50 percent of the active frontage length along secondary streets.

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Packet Pg. 119 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

2. Windows and clear glazing on the ground floor façade must have no opaque or semiopaque building elements wider than two inches or spaced more closely than five feet between three to 10 vertical feet from the sidewalk.

3. All ground floor commercial tenant spaces must be at least 45 feet deep for a minimum of 50 percent of primary street building façades, and at least 25 feet deep for a minimum of 50 percent of secondary street façades.

4. Fences or plantings between an active frontage and the edge of sidewalk along a primary street shall be a maximum of three feet in height.

5. Ground floor commercial tenant spaces shall have a minimum floor plate/ceiling height of 10 feet.

6. Ground floor commercial tenant spaces shall provide separate trash recycling enclosures, separate from the onsite residential uses.

R. Mixed-use Frontages. Mixed-use buildings shall locate the primary building entrance for commercial uses at the building edge that faces a primary street or a public open space.

Section 8. Section 18.50.020 Residential Use Classifications the following use classification is added in alphabetical order as follows:

Section 18.050.020 Residential Use Classifications
Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.

Section 9. Section 18.55.070 Electric vehicle (EV), bicycle and motorcycle parking is amended as follows:

Section 18.55.070 Electric vehicle (EV), bicycle and non-automobile modes of transportation.

A. Electric vehicle (EV) parking – Number required.

1. Commercial use classifications. New development shall provide a minimum of one EV parking space (including charging facility) when the parking lot has 25 to 50 parking spaces, and one additional EV parking space (including charging facility) for every 50 additional spaces. Existing parking lots that are modified and subject to the provisions of PHMC § 18.55.020.A shall also be required to comply with this section.

2. All other use classifications: as specified by architectural review, use or development plan permit.

3. Development regulations: contained in Chapter 14.75 PHMC.

9.5.a
Packet Pg. 120 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) B. Bicycle parking – Where required. Bicycle parking spaces shall be provided in every district as required by this section.

C. Bicycle parking – Number required.

1. Public and semipublic use classifications: as specified by use permit.

2. Commercial use classifications. Each development shall provide at least one bicycle space plus the equivalent of 2% of the requirement for automobile parking spaces.

3. Residential use classifications. Each development shall provide the equivalent of 1 bicycle parking space for every 10 required automobile parking spaces, with a minimum of 1 bicycle parking space per development.

D. Bicycle parking design requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wallmounted bracket. The following alternative facilities may be provided, subject to approval of the zoning administrator:

1. An enclosed bicycle locker; or

2. A three-point bicycle rack which secures both wheels and the frame; or

3. A fenced, covered, locked or guarded bicycle storage area. Spacing of the bicycle units shall be figured on a handle width of three feet, a distance from bottom of wheel to top of handlebar, three feet, six inches, and a maximum wheel distance of six feet.

E. Motorcycle parking spaces. A commercial, office or industrial use having more than 10,000 square feet is required to designate at least one standard parking space as motorcycle parking.

The designated spaces’ entrance shall be a concrete piece at least 36 inches long and affixed to a foundation by epoxy cement. The wheel stops shall have a two-foot separation to provide access from the aisle or driveway. (Ord. 934 § 8, 2019; Ord. 906 § 11, 2016; Ord. 710 § 35-17.12, 1996; 1991 code § 35-17.12)
F. New development with more than 10 housing units or over 5,000 square feet of nonresidential uses shall include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).

9.5.a
Packet Pg. 121 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) Section 10. Chapter 18.140 Definitions includes the addition of the following:

Chapter 18.140 Definitions
Mixed-Use. Development projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.

Project Site. The specific location on which a development, structure, or building is proposed.

Primary Street. A main thoroughfare, including 'arterial' through routes and mixed-use, multifunctional streets (at least in part along their length), providing access to properties as well as other amenities.

Frontage (Building). The building façade facing a street or public open space. Frontage (Site) - The width of the site along a street or public open space.

Frontage (Street). The property line or part of the site facing a street or public open space.

Active Frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.

Stepback. A step-like recession in the profile of a multi-story building. A step back requires the building to take a step back from the street for every increase in height of the structure. Step backs can also be a design technique to reduce the visual impact of tall buildings.

Section 11. This ordinance is consistent with the following General Plan Policies and Programs:

Economics and Economy Element:
a) E-2.3 Retail and Restaurant Uses. Encourage quality retail and restaurant uses in strategic locations to support the success of mixed-use developments.

The proposed mixed-use zoning land use regulations promote a mix of uses, including retail and restaurant uses, as part of the required commercial component to encourage successful mixed-use developments.

Land Use Element:
b) LU-1.6 Transition in Scale. Require that new development transition appropriately in building scale, height and massing in relation to the physical and visual character of adjoining neighborhoods.

The proposed ordinance amendments include building height, setback, and stepback development standards for residential and mixed-use zones. The maximum building height standards are proposed to incrementally increase between lower-density zones to higher density zones. Additionally, buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be

9.5.a
Packet Pg. 122 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) required to incorporate additional step backs, or setbacks to facilitate variation in building massing and appropriate transitions to adjacent properties. c) LU-1.7 Multi-Story Development. Require multi-story buildings to incorporate step backs on upper floors to create a more human-scale and comfortable pedestrian environment.

The proposed ordinance amendments include building stepback development standards for residential and mixed-use zones. Buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional stepbacks to facilitate variation in building massing, creating a more human scale to allow increased light and air space to buffer from more dense development, and facilitate appropriate transitions to adjacent properties. d) LU-3.5 Varying Housing Typologies. Support the development of a broad range of housing types, to increase housing choice, neighborhood diversity, and innovative design.

The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixed-use district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity. e) LU-4.5 Vertical and Horizontal Mixed-use. Encourage vertical and horizontal mixed-use development at key intersections and within neighborhoods that result in distinct and cohesive pedestrian-oriented destinations that provide additional neighborhood-serving amenities and intensified economic vitality.

The proposed mixed-use zoning designations promote a mix of diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed--use) or on the same site (horizontal mixed-use). Additionally, the new mixed-use zoning regulations include a requirement for a minimum percentage of commercial within a tiered system ranging from 10-percent, to 15-percent, to 25-percent depending on whether a parcel fronts a major commercial corridor or arterial to ensure the commercial core of the city is preserved.
f) LU-8.2 Incompatible Land Uses. Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.

The proposed land use regulations for new mixed-use zoning districts permit and conditionally permit commercial land uses including retail, eating and drinking

9.5.a
Packet Pg. 123 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) establishments, service uses, and other similar uses that would be compatible with both proposed residential components of mixed-use development and adjacent existing residential areas. The land use regulations do not allow incompatible land uses that would be detrimental or pose a hazard to existing or proposed residential uses.

Housing Element:
g) H-1.2 Maintain Adequate Supply. Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs.

The housing opportunity sites, as identified in the 2023-2031 Housing Element, were identified to ensure that a sufficient supply of residential land is maintained.

Additionally, these sites will be rezoned to higher density multi-family or mixeduse (as specified in the 2023-2031 Housing Element) to ensure that the envisioned densities can be obtained by potential development.
h) H-2.1 Housing Types. Allow a variety of housing types in all residential zones.

The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixed-use district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity.

Transpiration and Circulation Element:
i) TC-6.4 Amenities for Non-Driving Modes of Transportation. Require new development with more than 10 housing units or over 5,000 square feet of nonresidential uses to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).

The proposed zoning ordinance amendment to the off-street parking and loading regulations (Chapter 18.55) requires that new developments with more than 10 housing units or more than 5,000 square feet of non-residential uses will be required to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, ebike charging stations innovative bus shelter designs) in compliance with this policy.

Environment Element:

9.5.a
Packet Pg. 124 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) j) ENV-8.4 Land Use and Transportation Priorities. Support land uses and transportation improvements that prioritize alternative transportation modes that will reduce the number and length of automobile trips.

The proposed amendments include a reduction to the parking regulations for multifamily residential uses from 1.5 spaces to 1 space for studios and 1-bedroom units, and from 2 spaces to 1.5 spaces for 2-bedroom units and larger. The reduced vehicle parking requirements are intended to have more practical parking requirements for higher density type of housing that may lower vehicle ownership and can make use of alternative modes of transportation.

Section 12. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.” Section 13. This ordinance shall be effective 30 days after its adoption.

Section 14. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the three places designated by resolution of the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 18th day of December, 2023. [Signatures on Following Page]

9.5.a
Packet Pg. 125 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA) ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 8th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
MATTHEW RINN, Mayor
ATTEST:
_____________________________________
LYONE P. CONNER, City Clerk

9.5.a
Packet Pg. 126 Attachment: Attachment A - Proposed Ordinance (Housing Element Related ZOA)

CITY COUNCIL STAFF REPORT
Meeting Date: January 08, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. __-24 ACCEPTING PHASE I OF THE DOWNTOWN STREET TREE REPLACEMENT PROJECT NO. 03-23

AND THE GRAYSON CREEK RESTORATION AND MITIGATION
PROJECT AS COMPLETE; AUTHORIZING THE CITY ENGINEER TO
ISSUE AND RECORD A NOTICE OF COMPLETION; AND
AUTHORIZING THE TRANSFER OF $42,321.25 IN UNUSED PROJECT

FUNDS FROM DOWNTOWN STREET TREE REPLACEMENT
PROJECT NO. 03-23 (IP-3) TO THE SIDEWALK MAINTENANCE/GAP CLOSURE PROGRAM (M4)

SYNOPSIS
The Downtown Street Tree Replacement Project No. 03-23, Phase I, provided streetscape improvements along Crescent Drive. In addition, the project included creek restoration and mitigation along Grayson Creek that was originally part of the Library project. The contractor, Sandstone Environmental Engineering, has completed all work to the City’s satisfaction. The purpose of this item is to consider the acceptance of the Project as complete; authorize the City Engineer to issue and record a Notice of Completion; and authorize the transfer of $42,321.25 in unused project funds from the Downtown Street Tree Replacement Project (IP-3) back to Sidewalk Maintenance/Gap Closure Program (M4).

DISCUSSION
Background
Downtown Street Tree Project. The Pleasant Hill Downtown Project was completed in 1999 and included installation of Bradford Pear street trees along Crescent Drive, Crescent Plaza, and the adjacent downtown corridor. Over nearly 25 years of growth, the Bradford Pear’s root systems presented ongoing maintenance issues, which required expensive asphalt pavement and sidewalk repairs. In addition, the height of the trees became such that pruning them required a balance between the health of the trees and the needs of Downtown businesses for clearance and visibility. The typical lifespan for the Bradford Pear tree is 20-25 years, so these trees had reached the end of their normal life.

City staff working closely with Vestar Downtown Property Managers (Vestar) and the Batha Design Group, a landscape architect, conducted a study of the Downtown street trees and

10.1 Packet Pg. 127
compiled the Crescent Drive Street Tree Inventory and Sustainability Guide, which provided guidelines and recommendations for the removal of the existing Bradford Pear Trees, as well as the recommendations for the type, installation, and long term care of the replacement trees. The Batha Design Group presented a variety of replacement tree options, including the Chinese Pistache. City staff and Vestar reviewed each specimen and determined that the Chinese Pistache “Keith Davey” species would best meet the needs of the City and the Downtown businesses.

Downtown Street Tree Replacement Project No. 03-23, Phase I. This project is identified as a funded project in the approved FY 2022-2027 Capital Improvement Plan (CIP) (Project IP-3).

Due to budget constraints and in an effort to minimize the impact on Downtown businesses, the project was divided into multiple phases.

On June 5, 2023, City Council adopted Resolution No. 46-23, which awarded the construction contract to the lowest responsive and responsible bidder, Sandstone Environmental Engineering, for $413,275.50 (including contingency).

Grayson Creek Restoration and Mitigation Project. This CIP project encompasses creek restoration and mitigation along Grayson Creek that was originally part of the Library completion requirement. In an effort to attract more bids and receive competitive pricing, this work was included in the Downtown Street Tree Replacement Project.

Analysis
Downtown Street Tree Project. The Project is now complete and the work conforms to the construction plans and specifications. Construction began on July 5, 2023. The Contractor substantially completed the project on October 13, 2023, which was within the allotted contract time. The total cost of construction, including one change order, is $323,919.25, which is $42,321.25 below the approved contract amount of $366,240.50.

Project highlights included the following construction activities:
 Replaced 34 existing Bradford Pear trees with new Chinese Pistache “Keith Davey” species;
 Widened the existing tree wells;
 Expanded the existing soil with new structural soil;
 Installed new pavers adjacent to the new replaced trees;  Repaired the existing irrigation system at each tree to its functional form; and  Repaired the existing damaged concrete sidewalk along the corridor adjacent to the replacement trees.

Grayson Creek Restoration and Mitigation Project. The Project is now complete and the work conforms to the construction plans and specifications. Construction began on July 5, 2023. The Contractor substantially completed the project on October 13, 2023, which was within the allotted contract time.

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Project highlights included the following:
 Removal of invasive plants and vegetation at three outfall locations;  Installation of specified plants, shrubs, jute netting, and hydro-seeding at three outfall locations; and
 Installation of a temporary irrigation system at three outfall locations.

Retention. The total cost of construction, including change orders, is $374,166.45, which is $39,109.05 below the approved contract amount of $413,275.50. Change order work totaled $15,016.45. The City is retaining up to five percent of the total construction cost ($18,708.32) from Sandstone Environmental Engineering to ensure that the Contractor pays all of its vendors and suppliers. The procedure for releasing the retention is the City Council’s formal acceptance of the work with authorization to issue and record a Notice of Completion. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount to the contractor. The completed work is subject to a one-year maintenance period to address any problems that occur within that time.

FISCAL IMPACT
The contractor completed the Project within an approved budgeted amount at a total cost of $374,166.45. The Downtown Street Tree Project was funded through a combination of three sources: American Rescue Plan Act of 2021 (ARPA), Sidewalk Maintenance/Gap Closure Program, and private funding (UBS).

Staff requests City Council’s authorization to return $42,321.25 in unused funds from the Downtown Street Tree Replacement Project, No. 03-23 (IP-3) back to the Sidewalk Maintenance/Gap Closure Program (M4).

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

RECOMMENDED CITY COUNCIL ACTION
Adopt proposed Resolution accepting Phase I of the Downtown Street Tree Replacement Project No. 03-23 and the Grayson Creek Restoration and Mitigation Project as complete, authorize the City Engineer to issue and record a Notice of Completion, and authorize the transfer of $42,321.25 in unused project funds back to the Sidewalk Maintenance/Gap Closure Program.

ALTERNATIVES TO RECOMMENDED ACTION
None recommended.

10.1 Packet Pg. 129
ATTACHMENT(S):

Proposed Resolution
Prepared by: Omar Adina, Assistant Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, City Manager

10.1 Packet Pg. 130
RESOLUTION NO. -24

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

ACCEPTING PHASE I OF THE DOWNTOWN STREET TREE REPLACEMENT PROJECT NO. 03-23 AND THE GRAYSON CREEK RESTORATION AND MITIGATION PROJECT AS COMPLETE; AUTHORIZING THE CITY ENGINEER TO ISSUE AND RECORD A NOTICE OF COMPLETION; AND AUTHORIZING THE TRANSFER OF $42,321.25 FROM THE DOWNTOWN STREET TREE REPLACEMENT PROJECT NO. 03-23 (IP-3) BACK TO THE SIDEWALK MAINTENANCE/GAP CLOSURE PROGRAM (M4)
WHEREAS, the City has adopted the FY 2022–2027 Capital Improvement Plan (CIP), which includes the Downtown Street Tree Replacement Project No. 03-23 (Project IP-3 in the CIP) as a funded project; and
WHEREAS, Phase I of the Downtown Street Tree Replacement Project No. 03-23 addressed the replacement of 34 existing at-risk and dying Bradford Pear trees, and other necessary improvements; and
WHEREAS, Phase I of the Downtown Street Tree Replacement Project No. 03-23 provided needed landscape improvements along Crescent Drive. In addition, the contract included one bid item for creek restoration and landscaping mitigation work along Grayson Creek that was originally part of the Library Project; and
WHEREAS, on June 5, 2023, the City Council adopted Resolution No. 46-23, which awarded a contract to Sandstone Environmental Engineering to perform work described in the contract documents entitled the Downtown Street Tree Replacement Project No. 03-23; and WHEREAS, the Project’s total not-to-exceed construction cost of $413,275.50, which includes $359,370.00 base bid plus a contingency of 15 percent, or $53,905.50, was split into two separate Purchase Orders (PO) for $366,240.50 (Downtown Street Tree Replacement Project) and $47,037.00 (Grayson Creek Mitigation Project); and
WHEREAS, the Project’s total cost of construction, including change orders, is $374,166.45, which is $39,109.05 below Project’s approved not-to-exceed amount of $413,275.50; and
WHEREAS, the work has been performed to the satisfaction of the City and Sandstone Environmental Engineering is requesting final payment for the completed work; and WHEREAS, the City has retained five percent of the total construction cost ($18,708.32) from Sandstone Environmental Engineering. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount to the contractor; and
WHEREAS, the California Public Contract Code requires the City to notify the public of acceptance of a project prior to making a final payment.

10.1.a
Packet Pg. 131 Attachment: Proposed Resolution (Adopt Resolution __-24 Notice of Completion for Downtown Tree Project and Grayson Creek Restoration) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the work performed as the Phase I of the Downtown Street Tree Replacement Project No. 03- 23, is complete to the satisfaction of the City; and
BE IT FURTHER RESOLVED if there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount of $18,708.32 to Sandstone Environmental Engineering; and
BE IT FURTHER RESOLVED the City Engineer is authorized to execute a Notice of Completion and record it with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date thereof; and BE IT FURTHER RESOLVED the City Council approves the transfer of $42,321.25 of unused funds from the Downtown Street Tree Replacement Project No. 03-23 (IP-3) back to Sidewalk Maintenance/Gap Closure Program (M4).

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 8
th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

10.1.a
Packet Pg. 132 Attachment: Proposed Resolution (Adopt Resolution __-24 Notice of Completion for Downtown Tree Project and Grayson Creek Restoration)