Pleasanton City Council
July 15, 2025

Item #19

CITY COUNCIL AGENDA REPORT

July 15, 2025
Public Works - Utilities Division

TITLE: ADOPT A RESOLUTION APPROVING THE ACQUISITION OF A UTILITY

EASEMENT WITH THE EAST BAY REGIONAL PARKS DISTRICT FOR THE LEMOINE ESTATES BYPASS PIPELINE PROJECT, CIP NO. 22199, AND

AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT TO

ACQUIRE A UTILITY EASEMENT FROM THE EAST BAY REGIONAL PARKS

DISTRICT

SUMMARY
The City of Pleasanton has negotiated a utility easement with the East Bay Regional Parks District (EBRPD), which allows the City to install a bypass water pipeline within EBRPD lands.

The bypass pipeline is needed to improve water quality in the Lemoine Estates subdivision.

The EBRPD Board has authorized and directed its General Manager to execute and deliver the referenced easement documents. Staff recommends that the City adopt a resolution approving the acquisition of the negotiated utility easement for the Lemoine Bypass Pipeline Project, CIP No. 22199.

RECOMMENDATION
Adopt a resolution approving the acquisition of a utility easement with the East Bay Regional Parks District for the Lemoine Estates Bypass Pipeline Project, CIP No. 22199, and authorize the City Manager to execute an agreement to acquire a utility easement from the East Bay Regional Parks District.

BACKGROUND
The City provides drinking water service for residents of the Lemoine Estates, which is located just west of Foothill Road. Due to the lack of water demand in this area, water in the mains ages quickly, causing water quality degradation. In response, the City regularly flushes the pipes to freshen the water quality. To reduce the staff time needed to flush pipes and curtail the wasting of drinking water, a bypass pipeline needs to be installed between adjacent pressure zones to allow greater flow within mains in Lemoine Estates.

On June 26, 2023, the East Bay Regional Parks District (EBRPD) Board approved Resolution No. 2023-06-138 (see Attachment 1, Exhibit A) authorizing their General Manager to grant a 1,000-square-foot permanent water pipeline easement to the City of Pleasanton, along with a 3,000 square-foot temporary construction easement. The City agreed to pay the Parks District $500 in monetary compensation.

Since EBRPD Board approval, City staff have been working with EBRPD staff over several years to advance the work, which has experienced some delays, including a slight shift in the alignment for the easement, which required additional surveying and more site studies. Due to the project site's proximity to other known archaeological sites, EBRP requested that the City conduct cultural resource studies at the project site. The City’s consultant, Rincon Consultants,

Inc., conducted the studies on November 1, 2024, and found no archeological resources.

DISCUSSION
The bypass pipeline for the Lemoine Estates drinking water will connect existing mains in River Rock Hill Road and Foothill Road. In order to minimize the length of the new bypass pipeline, it will cross open space owned by EBRP. In addition to the pipeline, the project will install an above-ground valve cabinet and telemetry equipment sited within the permanent easement.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Lemoine Bypass Pipeline Project and acquisition of an easement is categorically exempt from the California environmental Quality Act (CEQA) as a Class 2 replacement and reconstruction of existing utility system per Title 14 California Code of Regulations S15302(c).

A Notice of Exemption was filed on February 25, 2022.

EQUITY AND SUSTAINABILITY
Approval of this action advances the City’s Climate Action Plan 2.0 – Community Resilience and Wellbeing by improving public services to ensure all communities are prepared for climate- related impacts.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide strategic goal of Investing In Our Environment:

Infrastructure, Public Facilities, and Sustainability, Strategy 4 – Complete the Water System Master Plan to reflect current and future operations and identifies system improvements and necessary maintenance. This project improves system water quality.

FISCAL IMPACT
Funding is available under the Lemoine Bypass Pipeline Project, CIP No. 22199 (42140701- 44108), to cover the $500 easement fee and any subsequential taxes, escrow, title charges and other miscellaneous fees that may arise. Construction for this CIP will be presented to the City Council for award at a future date.

Prepared by: Submitted by: Approved by:

for

Tamara Baptista, Assistant Dir. of
Public Works - Operations &
Maintenance
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Resolution with Exhibits

RESOLUTION NO.

A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

AUTHORIZING THE ACQUISITION OF A UTILITY EASEMENT WITH THE EAST BAY

REGIONAL PARKS DISTRICT FOR THE LEMOINE ESTATES BYPASS PIPELINE PROJECT, CIP NO. 22199
WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 22-1318, adopting the City’s mid-term operating budget and capital improvement program for fiscal year 2022/23; and
WHEREAS, on June 6, 2023, the City Council adopted Resolution No. 23-1397, adopting the FY 2023/24 and FY 2024/25 operating and capital budget, capital improvement program for FY 2023/24 through FY 2026/27, and reserve policy; and
WHEREAS, the Lemoine Estates bypass pipeline project, CIP No. 22199 , is included in Resolution No. 22-1318 and 23-1397 with the purpose to improve water quality for the residents of the Lemoine Estates subdivision located on the west side of Foothill Rd adjacent to Pleasanton Ridge Regional Park; and
WHEREAS, to minimize the length of piping required for the completion of this project and place telemetric equipment above ground , CIP 22199 propose s the installation of a pipeline to cross open space owned by the East Bay Regional Parks District; and WHEREAS, the City r equires a utility easement for t he portion of t he pipeline crossing over property owned by the East Bay Regional Parks District; and WHEREAS, on June 26, 2023, the East Bay Regional Parks District’s (“EBRPD”) Board approved Resolution No. 2023-06-138, Exhibit A authorizing EBRPD’s General Manager to grant to the City of Pleasanton (“City”) a water pipeline easement on the west side of Foothill Road adjacent to the Pleasanton Ridge Regional Park, between Foothill Road and River Rock Hill Road and further described in Exhibit B; and
WHEREAS, the City Council finds that a utility easement is necessary to further CIP 22199 and authorizes the City Manager to acquire a utility easement from EBRPD.

NOW, T HEREFORE, THE CI TY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. The City Council finds that the Lemoine Estates bypass pipeline project, CIP 22199, requires the installation of a pipeline across property owned by the East Bay Regional Parks District, further described in Exhibit B.

SECTION 2. The City Manager is authorized to ex ecute an agreement, Exhibit C, to acquire a utility easement from the EBRPD for the Lemoine Estates bypass pipeline project, CIP 22199, and the City Clerk is directed to cause such document to be rec orded in the Alameda County Records.

SECTION 3. Cit y Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

Resolution No.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on ___________, 2025.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on ___________, 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

_____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

_______________________________
Daniel G. Sodergren, City Attorney

Resolution No.

EXHIBIT A

Resolution No.

EXHIBIT B

LEGAL DESCRIPTION

PUBLIC SERVICE EASEMENT

ALL THAT REAL PROPERTY IN THE CITY OF PLEASANTON, COUNTY OF ALAMEDA,

STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS
BEING A PORTION OF PARCEL MAP 6697 AS FILED FOR RECORD FEBRUARY 10, 1994 IN BOOK 211 OF PARCEL MAPS AT PAGES 85-86, OFFICIAL RECORDS OF ALAMEDA COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS:

BEING A STRIP OF LAND, 10 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE STREET MONUMENT LOCATED AT THE INTERSECTION OF FOOTHILL ROAD AND OAK CREEK DRIVE AS SHOWN ON THE MAP OF TRACT 7176 AS FILED FOR RECORD NOVEMBER 25, 2003 IN BOOK 273 OF MAPS AT PAGES 43-46,

THENCE NORTHWESTERLY ALONG THE MONUMENT LINE OF FOOTHILL ROAD AS SHOWN ON SAID TRACT 7176 (273 M 43) NORTH 10°57'22" WEST, 59.13 FEET; THENCE LEAVING SAID MONUMENT LINE SOUTH 87°58'46" WEST, 47.59 FEET TO A POINT ON THE

WESTERLY LINE OF FOOTHILL ROAD AS DESCRIBED IN THE GRANT DEED TO THE CITY OF PLEASANTON RECORDED FEBRUARY 24, 1994 AS DOCUMENT NO. 94074636, IN

OFFICIAL RECORDS OF ALAMEDA COUNTY, THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 10°57'22" WEST, 104.17 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE OF FOOTHILL ROAD SOUTH 87°49'37" WEST,

43.30 FEET TO A POINT ON THE GENERAL EASTERLY LINE OF PARCEL A AS SHOWN ON THE MAP OF TRACT 7176 (273 M 43).

THE SIDELINES OF SAID PUBLIC SERVICE EASEMENT TO BE LENGTHENED OR

SHORTENED TO TERMINATE AT SAID GENERAL EASTERLY LINE OF PARCEL A AND WESTERLY LINE OF FOOTHILL ROAD.

ATTACHED HERETO IS A PLAT ENTITLED EXHIBIT "B" WHICH BY THIS REFERENCE IS MADE A PART HEREOF.

PREPARED BY�HA A J Cl� I�
ARRYL ALEXAN R, PLS 5071 (
No5071

Resolution No.

EXHIBIT C

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

CITY OF PLEASANTON

AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT

In consideration of the terms and conditions set forth in this Agreement for Purchase of a Permanent Easement (“Agreement”), EAST BAY REGIONAL PARK DISTRICT (“GRANTOR”) hereby grants and delivers this Agreement to the GRANTEE of Pleasanton (“GRANTEE”) conveying a Permanent Easement as set forth herein.

This Agreement is based on the following facts:

A. GRANTOR owns Property located in the City of Pleasanton;

B. GRANTEE wishes to construct a Project on Grantor’s Property and will require a permanent easement and Temporary Park Access Permit over a portion of the Property.

Now, therefore, the Parties agree:

1. Definitions. In this Agreement:

GRANTEE means the City of Pleasanton, a political subdivision of the State of California, and its elected and appointed officials, officers, employees, agents, contractors, and volunteers.

Project means the GRANTEE’s Lemoine Estates Bypass Pipeline Project.

Grantor means East Bay Regional Park District
Property means the parcel(s) owned by GRANTOR on which the permanent easement is located, identified in Exhibit C (Legal Description).

Permanent Easement means the area of the Property to be acquired by the GRANTEE as a permanent easement, as described in its Exhibits A and B.

Escrow or Escrow Account means the escrow account established by the GRANTEE at First American Title Company, Order No.5405-6890371

2. Permanent Easement Deed. GRANTOR shall deposit in Escrow a Permanent Easement Deed suitable for recordation conveying the Easement from GRANTOR to GRANTEE. The Easement must be free and clear of all liens, leases, encumbrances, recorded or unrecorded, assessments and taxes, except for any exceptions to title identified in the title report which are acceptable to GRANTEE. The form of the Easement Deed shall be substantially as set forth in Attachment 2, including its Exhibits A (Legal Description) and B (Plat Map).

3. Purchase.

A. Consideration. GRANTEE shall pay the sum of $500 (five hundred dollars) to the Escrow Account as consideration for the Easement and Temporary Park Access permit.

B. Deductions. GRANTEE may deduct and pay from the consideration any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest, and/or delinquent and unpaid non-delinquent assessments, which may have become a lien at the close of escrow.

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

C. Current taxes. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by California Revenue and Taxation Code Section 5086 if unpaid at the close of escrow.

D. Escrow and title charges. GRANTEE agrees to pay all escrow, recording and title insurance charges, if any, incurred in this transaction.

E. Clear title. Close of escrow for this transaction is contingent upon the title company receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and beneficiaries. If the Property is secured by a mortgage(s) or deed(s) of trust, GRANTEE is responsible for payment of any demand under authority of said mortgage or deed of trust.

Such amounts may include, but not be limited to, payments of unpaid principal and interest.

F. Improvements. N/A

G. Cost to Cure Damages. N/A

4. Temporary Construction Access. Upon receipt of a completed application, GRANTOR will issue to GRANTEE a Temporary Park Access (TPA) permit totaling 903 square feet in size for the GRANTEE’s contractor access and staging of equipment and materials.

A. GRANTEE agrees to promptly restore any damage to the permit area and/or the parcels upon which the TPA permit area is situated (and the improvements located thereon) caused by GRANTEE’s or GRANTEE’s contractor’s entry upon the permit area or work performed in connection with the Project.

B. GRANTEE agrees upon completion of any of its work hereunder to restore, as near as possible, the surface of the TPA permit area to the condition in which it was prior to the commencement of the work related to the Project.

C. In case of unpredictable delays in construction, upon written notification by GRANTEE, the terms of the TPA permit may be extended by an amendment to this Agreement.

D. Rights of ingress to and egress from the GRANTOR’s remaining property shall be maintained at all times during the construction period.

E. Prior to staging and construction, GRANTEE shall perform or cause to be performed an archaeological survey in the Temporary Park Access permit area. A subsurface archaeological testing plan shall be developed by the GRANTEE, approved by the GRANTOR’s Cultural Services Coordinator, and then conducted to assist with identification of any tribal and/or cultural resources within the project footprint. Test results shall be submitted to the GRANTOR’s Cultural Services Coordinator. Based upon the results of t he subsurface investigation, archaeological and tribal monitoring may be required during construction -related ground disturbance activities. If that is the case, an archaeological monitoring plan and a report documenting the results will be required.

F. Prior to staging and construction, GRANTEE shall engage a qualified botanist to conduct a survey of the Temporary Park Access permit area. All Congdon’s tarplant ( Centromadia parryi ssp. Congdonii ) shall be flagged and avoided.

Additionally, GRANTEE and its qualified botantist must implement all decontamination procedures before and after working in the Temporary Park

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

Access permit area, as outlined in GRANTOR’s document entitled Field BMPs for Trail Work and Vegetation Management, provided to GRANTEE, and attached herein as “Exhibit D.”

G. Upon completion of the water pipeline installation, GRANTEE will install visible markers on either end of the line, where it meets the boundary of GRANTOR’s property.

5. GRANTEE Performed Work. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the GRANTEE or its authorized agent, shall be left in as good condition as found.

6. Indemnification. GRANTEE shall indemnify, defend, and hold harmless GRANTOR from and against all claims, causes of action, damages, liabilities, cost and expenses (including reasonable attorney fees and costs), arising from or related to GRANTEE’s use of the Property and exercise of GRANTEE’s rights under this Agreement, except as to action, damages, liabilities or costs due to GRANTOR’s negligence or willful misconduct.

7. Right of Possession and Use. GRANTEE’s right of possession and use of the Permanent Easement, including the right to remove and dispose of improvements, and install and connect utilities, shall commence upon recordation of the Permanent Easement and issuance of the TPA permit.

8. Notice to Successors. If GRANTOR sells, conveys or assigns any property interest encumbered by this Agreement before the GRANTEE exercises its rights, GRANTOR shall notify the successor or assignor of the rights and obligations under this Agreement.

9. Escrow Instructions. GRANTOR authorizes GRANTEE to prepare and file escrow instructions in accordance with this Agreement on behalf of both parties. GRANTEE shall submit draft escrow instructions to GRANTOR for review in advance of submitting the instructions to escrow.

10. Hazardous Wastes. The acquisition price of the Permanent Easement being acquired in this transaction reflects the fair market value of the Property without the presence of contamination. If the Property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the GRANTEE may elect to recover its clean-up costs from those who caused or contributed to the contamination.

GRANTOR shall further indemnify, defend, save and hold harmless the GRANTEE from any and all claims, costs and liability, including reasonable attorney's fees, for any damage, injury or death to persons or property arising directly or indirectly from or connected with the existence of toxic or hazardous material on the property, save and except claims, costs or litigation arising through the sole willful misconduct of the GRANTEE.

11. No Leases. GRANTOR warrants that there are no oral or written leases on all or any portion of the Permanent Easement exceeding a period of one month. GRANTOR agrees to hold GRANTEE harmless and reimburse GRANTEE for any of its losses and expenses occasioned by reason of any lease of the Permanent Easement held by a tenant for a period exceeding one month.

12. Release of All Claims. This is intended as a full and complete release of all or any claims that either party has against the other and is in full settlement of any and all such claims and

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

intends to and does hereby release all of said persons, firms, associations and corporations of and from any and all liability of any nature whatsoever for all claims or causes of action including those for all consequences, effects and results of any loss, injury or damage, whether the same are now known or unknown to the undersigned, expected or unexpected by the undersigned, or have already appeared or developed or may now be latent or may in the future appear or develop.

GRANTOR hereby acknowledges that the compensation paid to GRANTOR through this Agreement constitutes the full and complete settlement of any and all claims against the GRANTEE, by reason of GRANTEE’s acquisition of the Permanent Easement and TPA permit, specifically including, but not limited to, any and all rights and claims that GRANTOR has, may have, or may in the future have under Article 1, Section 19 of the California Constitution , the California Eminent Domain Law, Code of Civil Procedure section 1230.010 et seq., or any other law or regulation. The parties acknowledge that they each have been informed of and are familiar with the provisions of California Civil Code Section 1542 which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Further, the parties mutually waive the provisions of California Civil Code Section 1542, and further waive any right they might have to voice said provisions now or in the future with respect to the releases set out in this Agreement. The parties recognize and acknowledge that factors which have induced them to enter into this Compromise and Release may turn out to be incorrect or different to what they have previously anticipated, and the parties expressly assume the risks and further expressly assume the risk of this waiver of California Civil Code section 1542.

If this Agreement is terminated, this Section shall have no force and effect.

13. Remedies for Breach. In the event of a breach of this Agreement by GRANTOR, GRANTEE is entitled to pursue any and all remedies available to it against GRANTOR, including, without limitation, claims for all damages attributable to GRANTOR’s breach, and specific performance of this Agreement.

14. Miscellaneous.

A. Counterparts Signature. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement.

B. Entire Agreement. The parties have here set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Permanent Easement and shall relieve GRANTEE of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed Project.

C. Binding on Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties.

D. Jurisdiction and Venue. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California courts with venue in the County of Alameda.

E. Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.

F. Waiver and Modification. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach.

G. Notices. Any notice that either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by regular U.S. Mail, to the following addresses:

To GRANTOR: To GRANTEE:

East Bay Regional Park District City of Pleasanton
2950 Peralta Oaks Court P.O. Box 520
Oakland, CA 94605 Pleasanton, CA 94566-0802
Attn: Philip Coffin, Attn: David Bruzzone,
Real Property Specialist Utilities Planning Manager

H. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to either party. Upon such determination that any term or provision is illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parti es as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible.

I. Construction. Section headings are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. The singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared b y one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to Sections are to this Agreement.

The parties have executed this Agreement as of the date signed by the GRANTEE.

CITY OF PLEASANTON EAST BAY REGIONAL PARK DISTRICT

__________________________ ___________________________________ Gerry Beaudin, City Manager Sabrina Landreth, General Manager

ATTEST: APPROVED AS TO FORM

_________________________ _____________________________________ Jocelyn Kwong, City Clerk Jason Rosenberg, Assistant General Counsel

APPROVED AS TO FORM: :

_________________________
Daniel Sodergren, City Attorney

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

Attachments:

Property Legal Description (Exhibit C)
Permanent Easement Deed, including its Exhibits A and B Exhibit D: Field BMPs for Trail Work and Vegetation Management

RECORDING REQUESTED BY:

CITY OF PLEASANTON

When Recorded, Return to:

Office of the City Clerk
City of Pleasanton
P.O. Box 520
Pleasanton, CA 94566

Recording requested Pursuant to
Government Code Sections
No Fee - 27383 & 6103
APN: 941-2000-63

GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made and entered into this _____ day of ___________, 20 25 by and between East Bay Regional Park District (“Grantor”) and the City of Pleasanton (“Grantee”).

For valuable consideration, receipt of which is acknowledged, Grantor grants to Grantee a permanent easement and right of way for easement for the purpose of installing and maintaining a pipeline (both above and below grade) and supporting appurtenances and miscellaneous equipment, including the right to construct, replace, inspect, maintain, repair, operate said pipeline and maintai n telemetry within above grade cabinet or remove any installed item as becomes necessary thereto, over, under, upon and across the following described real property situated in the City of Pleasanton, County of Alameda, State of California, described as follows:

Exhibits “A” and “B” attached hereto and made a part hereof.

The Grantor reserves the right to use the easement parcel for all purposes not inconsistent with the easement.

Upon receipt of a completed application, Grantor will grant a Temporary Park Access Permit within 30 days to Grantee for the purposes of contractor access and staging of equipment and materials within 903-square foot area over and adjacent to this easement parcel.

Grantee agrees upon completion of any of its construction hereunder to restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said construction.

If Grantee ascertains that maintenance work is needed over the easement parcel , Grantee will notify Grantor at least 15 days prior to such work to coordinate.

Grantee shall indemnify, defend, and hold harmless Grantor against any loss and damage (including legal costs and attorneys’ fee) caused by, resulting from or arising out of the Easement granted under this Agreement, or by any willful misconduct or negligent act or omission of Grantee, or its agents or employees.

This instrument shall run with the land and inure to the benefit of the successors and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have entered into this Grant of Easement as of the day and year set forth above.

SIGNED:

East Bay Regional Park District
By:

Sabrina Landreth, General Manager

Approved as to form:

BY:

Jason Rosenberg, Assistant General Counsel

A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF ___________________ }
COUNTY OF _ }

On , before me , personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ________________________ (This area for official notarial seal)

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

Exhibit C: Legal Description for East Bay Regional Park District Property

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project

Ecological Best
Management Practices
October 2023
Sunol Wilderness Regional Preserve, Sunol

Introduction
NOTE: If your activity/project is already permitted,
please follow the conditions in your permit.

Table of Contents
General Resource Protection ...................................1 Vegetation Removal ......................................................2 Tree Cutting/Removal ..................................................2 Vehicle Access ................................................................3 Weed and Pathogen Prevention ................................3 Work Near Streams,
Wetlands and Waterbodies ....................................4 Reporting Wildlife/Cattle Incidents ..........................4 Cultural Resources........................................................5 Ecological Best
Management Practices
Photo: © CatsMan2
Stewardship developed this document to serve as a
resource to help you minimize your ecological footprint while maintaining your parks. The information it contains is generalized. If you have any specific questions, please reach out to [email protected] or browse
the resources at ebparks.sharepoint.com/sites/
StewResources !
General Resource Protection
• Know your park! Check ParkView-Vegetation layer-Special Status Species or contact [email protected] for
a map of rare plants in the area you plan to work.
• Prior to general mowing or grading, walk the site; this helps to flush birds, rodents, and snakes away from the mowing or grading area. This also provides an opportunity to look for rocks, sprinkler heads, and debris.
• During work activities, all trash that may attract wildlife should be properly contained, removed from the work site, and disposed of regularly. Following completion of work, remove all trash
and construction
debris from work
areas.
• Do not allow
rinse or wash
water (concrete
rinse, paint wash,
car wash, etc.)
to be directed
or dumped into
any drain inlet or
surface water; properly dispose of all rinse and/or wash water.
• DO NOT PUMP water from lagoons, lakes, ponds or
other water bodies without proper authorization and
discharge plan.
• Following soil excavation, match the pre-existing contours to ensure that drainage patterns remain the same.

Minimize compaction of topsoil to the extent possible.
• Debris from lop and scatter slash treatments should be left at a height no greater than 18 inches. Avoid chipping into grasslands. Woody material should be in contact with soil for faster breakdown.
• Avoid placing or spreading soil, sand or sediment on top of existing burrows or grasslands. Place debris in developed areas.
• Cover all excavated holes or trenches deeper than
12 inches at the end of each workday to prevent animals becoming entrapped. Alternatively, exit ramps may be
placed in holes, trenches, or troughs to allow animals
to escape.
• Limit construction activities to daylight hours.
• If you are planning a project in shorelines, wetlands, ponds, lakes, streams, riparian areas or in undeveloped land that includes grading, trail construction or realignment, or new infrastructure, consult Stewardship to ensure regulatory compliance and possible seasonal work restrictions are
followed. Email [email protected] .
1 EBRPD Best Management Practices

Tree Cutting/Removal
• During nesting bird season (February 1 – August 31) tree removal requires a nesting bird survey by a qualified
biologist no more than seven days prior to the work.

During this period, only hazardous trees may be removed.

A bat roosting survey may also be required should the
tree provide suitable roosting habitat. Trees should also be inspected for woodrat nests. Email Stewardship@ebparks. org two to four weeks prior to tree removal to schedule a survey. If it is an emergency (imminent danger), proceed immediately.
• Cutting trees and limbs (≥ 4 inches diameter at breast height) in riparian areas (areas next to wet or dry streams) in any season requires additional regulatory approval.

Contact [email protected] .
• When cutting
individual limbs
off trees or
maintaining
height clearances
for trails, be
vigilant and avoid
disturbance of any
active bird nests.

Contact the [email protected] if there is any
concern that limb removal could impact an active bird nest. • If possible, leave cut limbs whole and onsite to create more habitat. If chipping is necessary, leave chips in place when feasible.
• Do not pile chips in grasslands; scatter to a maximum of two-inch depth.

Vegetation Removal
Prior to vegetation removal, survey the area for San
Francisco dusky-footed woodrat nests. If a woodrat
nest is found, STOP removing vegetation and email
[email protected] to develop a plan to
protect or relocate the nest.
• Keep disturbance or
removal of vegetation
around a woodrat
nest to the minimum
necessary to
complete the work,
subject to other
public health and
safety directives.
• After vegetation management or construction
activities, apply erosion control measures in sloped
areas with bare, disturbed soil. These measures may
include straw mulching, seeding, and
straw wattles. To avoid trapping
snakes and other animals, only use
biodegradeable wattles
without plastic netting .

Available through
Central Stores.

Biodegradable
Non-Biodegradable
Photo: © Becky Matsubara Photo: © Enesa Batakovic
Photo: © Dani Montijo
Photo: © TLim
2 EBRPD Best Management Practices

Weed and Pathogen Prevention
• If you are working in a sensitive site with manzanitas or other susceptible species, disinfect tools and equipment between trees or vegetation type. If you are unsure,
contact [email protected] .
• Purchase plants only from approved nurseries and be
consistent with recommended planting palette for your
area. Please contact [email protected] or
browse ebparks.sharepoint.com/sites/StewResources/
Documents/Best Management Practices/IPM BMPs/
Planting.
• Minimize the development of new access and ROW roads, including clearing and blading for temporary vehicle access in areas of natural vegetation.
• Consult Sudden Oak Death and Phytophtora BMP
Protocol, available at ebparks.sharepoint.com/sites/
StewResources/IPM BMPs/IPM Procedures &
Guidelines/Sudden Oak Death Management.
• If you will be doing new planting or are working in an area with possible special-status plants email Stewardship@
ebparks.org for information. Tips on how to increase
the health and longevity of Park District plantings and prevent the introduction of plant pathogens can be found here: ebparks.sharepoint.com/sites/StewResources /
Documents/Best Management Practices/IPM BMPs/
Planting.

Vehicle Access
• When accessing work sites, limit travel and parking
of vehicles and equipment to pavement, existing
right-of-way (ROW) roads, and previously
disturbed areas whenever possible.
• Use previously disturbed areas or paved roads for all material staging locations.
• Vehicles and equipment may cross streams and wetlands only via existing roads and crossings.
• Ensure your
vehicle and gear
are properly
cleaned before
entering
another park to
avoid spread of
unwanted soil,
weed seeds and
pathogens.

Clean ALL equipment between parks
and projects to avoid pathogen
spread.

Western leatherwood (Dirca
occidentalis) is found in the CNPS
Inventory of Rare and Endangered
Plants.

Plants from many nurseries have
been found to contain pathogens.

Even native nursery plants can
carry pathogens like sticky monkey
flower (Diplacu aurantiacus).

Photo: © John Rusk
3 EBRPD Best Management Practices

Work Near Streams,
Wetlands and Waterbodies
• Work in aquatic areas (shorelines, wetlands, ponds,
streams, etc.) requires permits for ANY disturbance.

Consult with [email protected] to ensure
regulatory compliance and possible seasonal work
restrictions.
• When possible, activities near streams, wetlands, or on saturated soils should be conducted during the dry season (generally May 15 - October 15) or during periods of
minimum flow. If it is not possible to perform the work in the dry season, perform rainy season work during dry spells between rain events.
• If work is required near a waterbody, do not place
sediment or staging equipment in waterbodies (even if
dry). Contact [email protected] about any
required permits.
• When possible, maintain a buffer from the edge of vernal pools, wetlands, ponds, streams, or riparian areas.

Contact [email protected] for assistance with
BMPs if maintaining a buffer is not possible.
• If you have a potential cyanobacteria bloom: If a new cyanobacteria bloom may be starting or there are
large changes to a current bloom contact the Water
Management Supervisor (x2328).
• If work is planned in a culvert or body of water, even if it is dry, please contact [email protected] to
ensure regulatory compliance.

Reporting Wildlife/Cattle
Incidents
• Report pig damage and sighting directly to Rural Pig Management, Inc. at 707-849-7901 or ruralpig94@
yahoo.com. Be as specific as possible about the date,
location, number of feral pigs observed, and/or damage
caused. Reporting rapidly is key . Email a report of the damage to [email protected] .
• For any incident or event, please notify your supervisor.

If the event is ongoing and a threat to safety, call Park District Dispatch at 510- 881-1121. For any non-urgent
questions involving animal incidents, please contact
Stewardship at [email protected] .
- IMPORTANT: Do not handle any type of animal which you have not been trained to handle. Refer to Animal Response Protocols (P:/Risk/Risk Dept FORMS/Animal Incident
Forms-Protocol) .
- To report Animal Incidents or observations, refer
to ebparks.sharepoint.com/sites/StewResources /
Documents/Animal Response Protocol/AIR FORM w
INSTRUCTION_3.2.23.pdf .
• All forms can be found here: ebparks.sharepoint.com/ sites/StewResources /Documents/Animal Response
Protocol/Reporting Animals.
• If you are unsure who to contact, any requests or
questions can be sent to [email protected]
If you have a project located in an area that is grazed by livestock (year round, targeted, or seasonal), or has potential to temporarily or permanently impact grazing operations in the vicinity of the project contact the Rangeland Specialist. (x2351; [email protected]) .

Photo: © John Krzesinski
4 EBRPD Best Management Practices

Cultural Resources
• Cultural resources are non-renewable resources and may be important not only for the scientific information they may contain, but also because they are valued by tribes and other descendant communities and stakeholders.

Archaeological and Traditional Cultural Properties (TCP) are confidential and the management of cultural resources is a specialty.
• Before altering/repairing buidlings, bridges, or rock walls that are a minimum of 45 years old, please
contact the Cultural Resources Coordinator
(x2555; [email protected] ).
• Do not collect artifacts unless under the direction of cultural resources staff or under extreme circumstances. • If you think an archaeological/cultural resource
is being damaged or requires attention, please
contact the Cultural Services Coordinator
(x2555; [email protected]).

This is a working document published 10/2023.

It will need to be updated on 10/2024.

Cultural resources can include: small items like cans or bottles, houses and other buildings or structures, farm equipment and fencing or stone walls, or modifications to stones like mortars or markings.

Photo: © Tom Stienstra
Photo: © Annamarie Guerrero
Photo: © Annamarie Guerrero
Photo: © Annamarie Guerrero
Photo: © Annamarie Guerrero
5 EBRPD Best Management Practices

6 EBRPD Best Management Practices

Item #20

CITY COUNCIL AGENDA REPORT

July 15, 2025
Public Works - Engineering Division

TITLE: APPROVE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SCI CONSULTING GROUP, INC. FOR $36,270 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $100,960 AND EXTEND THE TERM TO PROVIDE ENGINEER'S REPORTS AND PROPOSITION 218 BALLOT

PROCEDURES FOR THE PONDEROSA-DEL PRADO, WINDSOR, AND BONDE RANCH LANDSCAPE MAINTENANCE DISTRICTS AND ENGINEER’S REPORTS

FOR THE OAK TREE FARM AND MOLLER RANCH LANDSCAPE

MAINTENANCE DISTRICTS

SUMMARY
On October 1, 2024, the City Council approved a professional services agreement with SCI Consulting Group, Inc., for a not-to-exceed amount of $64,690 to provide financial and engineering services for the City’s Landscape Maintenance Districts (LMDs), including a Proposition 218-compliant voting process for the Ponderosa-Del Prado and Moller Ranch LMDs. Those services were temporarily placed on hold to conduct further research into the formation of each LMD in preparation for a change to assessments for Fiscal Year 2025/26.

On June 17, 2025, the City Council adopted resolutions approving the Engineer’s Reports for the City’s five LMDs, including public outreach for a Proposition 218-compliant voting process for the Ponderosa-Del Prado, Windsor, and Bonde Ranch LMDs. The Engineer’s Reports for all five LMDs allocated funding for the proposed services from SCI.

Staff recommends approving a first amendment to the agreement with SCI for an additional $36,270, for a total not-to-exceed amount of $100,960 to provide the additional scope of work required for the districts and extend the term of the agreement through December 31, 2026.

The Landscape Maintenance District reserves fully fund the costs for the project.

RECOMMENDATION
Approve and authorize the City Manager to execute a first amendment to the professional services agreement with SCI Consulting Group, Inc. for $36,270 for a total not-to-exceed amount of $100,960 and extend the term through December 31, 2026, to provide Engineer’s Reports and Proposition 218 balloting procedures for the Ponderosa-Del Prado, Windsor, and Bonde Ranch Landscape Maintenance Districts, and Engineer’s Reports for the Oak Tree Farm and Moller Ranch LMDs.

BACKGROUND
The Landscaping and Lighting Act of 1972 authorizes local agencies to impose an annual assessment on real property benefiting from project-specific improvements to pay for the construction and maintenance of landscaping and lighting special improvements that benefit those parcels. The Alameda County Assessor’s Office collects the assessments to be applied to each owner’s property tax bill.

For each LMD, City staff follows a statutorily imposed process for yearly administration. The engineer’s budget for each district includes a reserve fund to provide for the replacement of capital improvements such as planting, irrigation, decorative entry walls, signage, light fixtures, etc. Currently, the reserve funds are insufficient to cover these replacement costs.

In July 2024, staff advertised a Request for Qualifications (RFQ) for financial and engineering services to update the Engineer’s Reports and provide Proposition 218-compliant balloting procedures for potential assessment increases. On October 1, 2024, the City Council approved the agreement with SCI Consulting Group, Inc. (SCI) based on their qualifications.

The Engineer’s Reports approved by the City Council on June 17, 2025, allocated funding for a Proposition 218-compliant vote for the Ponderosa-Del Prado, Windsor, and Bonde Ranch LMDs and an updated Engineer’s Report for FY 2026/27 for the Oak Tree Farm and Moller Ranch LMDs. The reserve fund for each LMD will be utilized to fund the costs of the public outreach and balloting procedures required to increase the assessments to cover actual costs and to align with Proposition 218 requirements.

DISCUSSION
SCI’s scope of work initially included a Proposition 218-compliant voting process for Ponderosa-Del Prado and Moller Ranch for a total budget of $64,690. However, after research by City staff and discussions with outside counsel, staff determined that the Moller Ranch LMD did not require a Proposition 218 vote to increase assessments due to the approved assessment and inflation escalator at formation of the LMD. Instead, staff are taking a more comprehensive approach and requesting the approval of an amendment to the agreement with SCI to include public outreach and a Proposition 218-compliant vote to increase assessments for the Ponderosa-Del Prado, Windsor, and Bonde Ranch LMDs to address current funding deficiencies. SCI will also provide updated Engineer’s Reports for the Oak Tree Farm and Moller Ranch LMDs, which do not require a Proposition 218-compliant property owner vote due to the existing authority granted at formation and the inclusion of an inflation escalator.

The LMD assessments have not been increased since the districts were formed, and staff was unable to find an approved inflation escalator for Ponderosa-Del Prado, Windsor, or Bonde Ranch, which has been the primary factor leading to the funding shortfall.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Maintenance work within each LMD is categorically exempt from CEQA under Guidelines Section 15302, “Replacement or Reconstruction.” Moreover, under CEQA Guidelines Section 15378(b)(4), it is not a “project” as it is a government funding mechanism that does not involve a commitment to a specific project that may result in a potentially significant physical impact on the environment.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.

OUTREACH
Staff and the consultant will develop a public outreach plan to engage with LMD property owners prior to the Proposition 218 vote.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic goal of Funding our Future, Strategy 1 - Develop a long-term strategy for funding operations and maintenance needs to ensure the reliability of community-owned facilities and infrastructure and continuity of City services.

FISCAL IMPACT
Sufficient funds are included in the district budgets for consulting services in FY 2025/26 in accounts 430101 and 430107.

Prepared by: Submitted by: Approved by:

for

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. First Amendment to the Professional Services Agreement with SCI Consulting Group, Inc.

First Amendment Page 1

FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement ("First Amendment") is entered into this 15th day of July 2025 by the City of Pleasanton ("City") and SCI Consulting Group ("Consultant”) Whereas, on October 1, 2024 the City and Consultant entered into a Professional Services Agreement for financial and engineering services ("Agreement"); and Whereas, the scope of work requires modification, the terms of the agreement need to be extended, and the compensation needs to be increased accordingly, Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Section 1 of the Agreement, " Consultant Services" is amended to read: The scope of services has been modified to provide a Proposition 218 compliant voting process for the Ponderosa-Del Prado, Windsor, and Bonde Ranch LMDs and to provide an updated Engineer’s Report for the Oak Tree Farm and Moller Ranch LMDs and indicated in Exhibit A.

2. Section 3 of the Agreement, “Term” is amended to extend the contract to December 31, 2026.

3. Section 4 of the Agreement “Compensation” is amended for an additional amount of $36,270, to provide a total not-to-exceed compensation amount of $100,960.

4. This amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

5. All other terms and conditions of the Agreement shall remain in full force and effect.

In witness whereof, authorized representatives of the parties have executed this First Amendment to the Agreement as of the date first above written.

CITY OF PLEASANTON CONSULTANT
_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
P r i n t n a m e
Title: __________________________

First Amendment Page 2
[If Contractor or Consultant is a corporation,
signatures must comply with California
Corporations Code §313]

ATTEST:

_____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
P r i n t n a m e

Title: __________________________

Rev. 3/23

Thursday, May 22, 2025
Ponderosa, Windsor, and Bonde Ranch

Submitted via Email
[email protected];

Matt Gruber, City Landscape Architect
Public Works City
200 Old Bernal Avenue, P.O. Box 520
Pleasanton, CA 94566

Re: Proposal for Lighting and Landscape Maintenance District Financial and Engineering Services Dear Matt:

SCIConsultingGroup ("SCI") is a California Corporation (C Corporation) specializing in revenue consulting services for local governments. We are pleased to submit this proposal for Proposition 218 assessment engineering firm to provide comprehensive assessment engineering and related professional services for new engineer's reports and Proposition 218 balloting for their Ponderosa-Del Prado, Windsor and Bonde Ranch Landscaping and Lighting Maintenance Districts ( "LLMDs"). SCI is well- equipped to serve as the City's assessment engineer of work, prepare a Proposition 218 -compliant Engineer's Reports, and assist the City with the legal and political requirements for a Proposition 218 ballot proceeding should the City choose to proceed. In addition, SCI will update the Engineer’s Reports for Moller Ranch and Oak Tree Farm.

We look forward to the opportunity to assist the City with this important project and are ready to proceed.

If you have any questions or require additional information, please do not hesitate to contact me. I am authorized to execute legal documents on behalf of SCI and can be reached at 707 -430-4300 or [email protected]. We also declare that this proposal, including the project team, will remain in effect for a minimum of 90 days after the submittal deadline.

Thank you for considering our qualifications.

Sincerely,

John W. Bliss, P.E.

President

cc: Edric Kwan, SCI Consulting Group
Melanie Lee, SCI Consulting Group

SCI Proposal for City of Pleasanton
May 22, 2025

EXECUTIVE SUMMARY
SCIConsultingGroup ("SCI") is pleased to submit this statement of qualifications to provide Assessment Engineering, Proposition 218 Balloting Services, and Related Professional Consulting Services for the City of Pleasanton ("City"). SCI has a proven track record of delivering successful outcomes for public agencies throughout California. Our extensive expertise in Proposition 218 assessment engineering, combined with our comprehensive approach, positions us as the ideal partner for the City's new LLMDs.

Established in 1985, SCI is a widely recognized public finance consulting firm with leading expertise in assisting public agencies in California to fund new services and improvements. SCI has an impressive success rate of about 90% for local funding measures, having facilitated over 200 successful initiatives across entire cities, counties, and special districts. Remarkably, SCI has formed more successful agency- wide post-Proposition 218 benefit assessments than all other assessment engineering firms in C alifornia combined.

Our firm also excels in navigating the legal and procedural requirements for forming Benefit Assessment Districts, Community Facilities Districts, and other local financing mechanisms. We annually administer over 1,000 special taxes, assessments, and fees for over 200 public agencies statewide. This extensive expertise ensures that we meet your goals collaboratively, on schedule, and within budget.

Furthermore, SCI possesses industry-leading knowledge of legal and procedural issues related to benefit assessments, special taxes, and fees. Our principals are recognized experts in these areas and contributed to the cleanup legislation for Proposition 218. Additionally, SCI frequently presents and writes on assessment ballot proceedings for various California associations, sharing our insights and expertise with many public agency professionals.

Our typical scope of services includes the following:

Local Funding Measure Feasibility Analysis: In this initial phase, SCI conducts initial planning and preliminary financ ial analysis and consult s with its clients to assess the viability and feasibility of a proposed local funding measure. We present various local funding solutions, outlining each option 's financial, legal, and political opportunities and challenges . This phase helps public agencies make informed decisions about whether to proceed with a public opinion survey to gauge community support for the proposed special tax measure by identifying potential hurdles, risks, and opportunities.

Public Opinion Research and Survey: SCI conducts unbiased and statistically accurate surveys to measure community support for a proposed local funding measure. Our team analyzes survey data to provide valuable insights and recommendations for decision -making, which is then used to design an effective roadmap for a successful local funding measure.

Election-Related Services: Throughout the election process, SCI offers comprehensive support, including ballot measure preparation and acting as a liaison with the election department . In the case of benefit assessments, SCI manages the preparation of the Proposition 218 notice and ballot, assisting in the ballot proceeding and ensuring compliance with all legal and procedural requirements.

SCI Proposal for City of Pleasanton
May 22, 2025

Formation Proceedings: In situations requiring the formation of financing districts, SCI guides public agencies through the complex process of establishing Benefit Assessment Districts, Community Facilities Districts (CFDs), and other local financing mechanisms. We assist in preparing necessary documents, resolutions, and ordinances for the formation proceedings, ensuring a smooth and legally compliant process.

Non-Advocacy Information Outreach Services: Recognizing the importance of an informed vote, SCI can help public agencies with information about p roposed initiatives through information outreach. We develop and assist in implementing non -advocacy materials, such as presentations, handouts, and Q&A documents, to foster transparency and inform decision-making among voters.

Annual Levy Administration: Following the approval of a new special tax, assessment, or property-related fee, SCI provides ongoing administration of the annual levies, taxes, and fees for public agencies. Our team ensures compliance and accuracy in levy collection and distribution, offering continued support throughout the administration process.

CLIENT REFERENCES

CITY OF DIAMOND BAR
21810 Copley Drive
Diamond Bar, CA 91765
(909) 839-7044
Contact: Hal Ghafari, PE; Public Works Manager/Assistant City Engineer Email: [email protected]

In 2021, the City of Diamond Bar retained SCI to establish a new annual special assessment for landscaping services in District 39. The City needed to increase revenue due to a 36-year-old assessment rate of $236 that no longer met service demands. SCI provided assessment engineering and Proposition 218 mailed balloting services, resulting in new assessment rates for three zones, ranging from $466 to $504 per single- family residential unit. The balloting was successful, garnering 52.03% property owner support, and the new assessment now generates over $612,713 annually. Additionally, SCI currently administers levy services for the City's landscaping projects in Districts 38, 39, and 41.

CITY OF BERKELEY
City of Berkeley, Public Works City
2180 Milvia Street, 3rd Floor
Berkeley, CA 94704
(510) 981-6306
Contact: Sean O'Shea, Administrative & Fiscal Manager, Public Works City Email: [email protected]

The City of Berkeley formed a city-wide street light assessment district in 1982 to fund the maintenance and operation of streetlights. Due to static assessment rates and rising costs, the fund required a subsidy from the City's General Fund. To ensure financial sustainability, the SCI assisted the City with assessment engineering and Proposition 218 ballot proceeding to establish a new Street Lighting Assessment District.

SCI Proposal for City of Pleasanton
May 22, 2025

The measure was successful, and the new assessments were adde d to the property tax roll starting in fiscal year 2019.

CITY OF WATSONVILLE
231 Union Street
Watsonville, CA 95076
(831) 768-3240
Contact: Nick Calubaquib, Parks and Community Services Director Email: [email protected]

SCI is currently engaged with the City to provide assessment engineering, a Proposition 218 -compliant Engineer's Report, and a Proposition 218 Ballot proceeding to increase the current annual assessment for their existing Vista Montaña Landscape and Lighting Maintenance Assessment District. Assessment ballot results are pending.

ORGANIZATION
If selected for this project, Edric Kwan, Senior Vice President, will serve as the assessment engineer-of-record and will prepare the Engineer's Reports with special and general benefit findings. Melanie Lee, Senior Consultant, will be the project manager and the City's day-to-day contact. John Bliss, President of SCI, will serve as the principal-in-charge and will provide support and peer review. Such a collaborative, team-based approach helps to ensure the City's objectives are well understood and accomplished and all technical and procedural requirements are met. Their bios are provided below.

Edric Kwan, P.E., Senior Vice President, License No. C62829 (ENGINEER-OF- WORK)
Mr. Kwan has 25 years of experience serving the public works industry. His last 20 years have been in the public sector, with 13 of those years in public works director and city engineer roles for the County of Alameda, the Cities of Richmond and Martinez, and the Town of Moraga. During his municipal career, he oversaw revenue compliance requirements for two sanitary sewer districts, one water district, nine landscaping and lighting districts, two pavement sales tax measures, five cleanwater programs, nine flood control zones, and one well standard program.

Mr. Kwan's firsthand experience relating to the financial challenges of maintaining public infrastructure, including dealing with costly emergency infrastructure failures, led him to join SCI in 2022 to assist other agencies with meeting their revenue needs. He currently serves as the Levy Administrator and Lead Assessment Engineer for the annual administration of Alameda- Contra Costa Transit District 's Measure C1 Parcel Tax; Culver City Unified School District's Measure K Parcel Tax; City of Diamond Bar's Landscape Assessment Districts No. 38, 39 -2002 and 41 -2021; City of Menlo Park 's Landscape Assessment District and Stormwater Management Plan Regulatory Fee; and Monterey County Mosquito Abatement District's Mosquito and Disease Control Assessment.

SCI Proposal for City of Pleasanton
May 22, 2025

He was appointed by the President of the American Public Works Association to serve as Chair of the National Committee on Diversity, Equity, and Inclusion (DEI). He is a licensed Civil Engineer with a Bachelor of Science in Civil Engineering from the University of California at Berkeley.

Melanie Lee, Senior Consultant (PROJECT MANAGER)
Melanie Lee brings over 16 years of seasoned expertise to her role as a Senior Consultant at SCI, where she specializes in managing new local revenue measure balloting projects and conducting public opinion research. With a proven track record of success, Melanie excels in every phase of these projects, from initial feasibility analysis to the execution of successful balloting and outreach efforts. Her keen analytical skills enable her to navigate complex data effectively, ensuring accurate records and informed decision-making.

In addition to her proficiency in project management, Melanie has successfully overseen formation projects for various services, including mosquito and vector control, fire protection, park and recreation, and stormwater management. As a co-leader of SCI's levy administration oversight group, she leverages her extensive knowledge and experience to ensure optimal client outcomes. Melanie also possesses additional training in ArcGIS and StoryMaps, further enhancing her capabilities in project execution and data visualization.

Before joining SCI, Melanie honed her interpersonal skills as a sales analyst in the wine industry. She holds a Bachelor of Arts in Business Administration from St. Mary 's College in Moraga, CA. Committed to fostering the success of new hires at SCI, Melanie is passionate about contributing to the company 's growth and success.

John Bliss, M.Eng., P.E., President, License No. C52091 (PRINCIPAL-IN-CHARGE) John Bliss, a professional engineer and President of SCI , specializes in assessment engineering, special and general benefit analysis, crafting legally compliant, robust Engineer's Reports, assessment administration, cost estimating and budgeting, database design and implementation, regulatory compliance, and revenue measure formations. He has 22 years of experience in this field of expertise. Moreover, John is a recognized expert assessment engineer and Proposition 218 compliance specialist who has served as an expert witness and technical authority. He has also worked with most of the leading Proposition 218 specialized attorneys in the State, further expanding his professional and technical expertise. During his tenure at SCI, John has served as the responsible Assessment Engineer on over 300 Engineer Reports for new or increased assessments, comprising more post -Proposition 218 new assessment s than any other assessment engineer in the State.

John graduated from Brown University with a Bachelor of Science in Engineering and holds a master 's degree in civil engineering from the University of California, Berkeley, where he was a Regent 's Scholar.

He is a licensed professional civil engineer in California and a LEED-accredited professional.

Accountability and Warranties
If selected, SCI will use a team-based approach, working closely with the City to achieve objectives through clear communication, regular updates, and strict compliance with technical and procedural requirements.

SCI Proposal for City of Pleasanton
May 22, 2025

Our team's extensive experience in benefit assessment engineering and knowledge of the Landscaping and Lighting District Act of 1972, Proposition 218, and recent case law will ensure the project's success.

We will provide comprehensive services that minimize the City 's time and resource s, adhering to solid project management principles. Our communication strategy includes regular project meetings, progress reports, and a transparent workflow to keep the City informed and engaged.

No changes to the project team will occur without the City's prior written approval, ensuring continuity and stability. We are committed to delivering high-quality, legally defensible results on time and within budget.

PROJECT METHODS
Based on the requested scope of work and the technical analysis needed by the City , we propose the following scope of work and approach for a successful outcome:

Task 1: Project Kickoff, Data Collection, and Preliminary Analysis At SCI Consulting Group, our workflow is centered on thoroughness and collaboration throughout the project. We begin with a project kickoff meeting to align with the City 's specific objectives and requirements. This initial meeting is followed by a comprehensive data collection and review phase involving a detailed review of existing conditions, financial status, and Proposition 218 compliance of the City's three LLMDs. We then develop a tentative timeline that outlines key milestones, deliverables, and responsibilities, ensuring clear communication and alignment with all stakeholders throughout the duration of the project.

Subsequently, we will analyze the desired improvements and services, property ownership, tax base, and demographic and political profiles within each LLMD. Data will be gathered from the City, County Assessors, and other relevant sources. After compiling this data, we will assess it in the context of the City's goals and community factors. This in -depth research and analysis will provide SCI with a solid foundation for designing and evaluating the proposed assessment measure.

In a benefit assessment Proposition 218 ballot proceeding, each property owner, whether residing within or outside the assessment district area, will receive a notice and ballot by first-class mail, with a minimum of 45 days to return their ballot. Following the balloting period, a public hearing will be conducted, and the ballots will be tabulated. The assessment will be approved if more than 50% of the returned ballots are in favor, with each ballot weighted by the proposed assessment amount for the pro perty. This weighting is crucial as it gives significant "votes" to property owners with higher assessment amounts.

Task Deliverables:
 Information and data request list
 Project kickoff meeting (Virtual)
 Project timeline

Task 2: Assessment Engineering and Engineer's Reports
SCI will develop multi- year revenue and expense proformas in collaboration with the City , forming the essential basis for the budgets and cost estimates provided within the Engineer's Report. Comprehensive assessment engineering work includes defining the proportional assessment rate methodology and

SCI Proposal for City of Pleasanton
May 22, 2025

separating and quantifying special and general benefits from the proposed improvements and services.

SCI will use its industry-leading benefit assessment engineering expertise to develop a benefit assessment methodology that fully complies with the legal and procedural requirements for a new, post-Proposition 218 benefit assessment. This methodology aligns with key court decisions such as Silicon Valley Taxpayers Association v. Santa Clara County Open Space Authority, Dahms v. City of Pomona, Greene v. Marin County Flood Control and Water Conservation District, and Robert Beutz v. County of Riverside.

In a review session, we will present these fiscal plans, data review and analysis, and the proposed assessment methodology, levies, and budgets to the City. Any issues uncovered will be highlighted, and remedies suggested. After the City and its legal counsel have reviewed the data and information, we will prepare an Engineer's Report that fully meets the requirements of Articles XIIIC and XIIID of the California Constitution (Proposition 218), the Government Code, and other relevant sections.

The Engineer 's Report will be prepared by John Bliss, P.E., an assessment engineer with 22 years of extensive experience. It will include a detailed description of the assessment plans, future capital and facility improvement needs, a detailed cost estimate, an analysis of special and general benefits, the rationale for the assessment apportionment, the method of assessment apportionment, calculation of the proposed assessment amount for each parcel, an assessment diagram, and other elements.

After preparing the Engineer 's Report, SCI will review it with City staff and make necessary revisions to address any comments or issues identified. We will finalize the assessment levies, roll, diagram, and other related documents for preliminary approval by the City. Additionally, SCI will draft resolutions, notices, and any other required or recommended documents in collaboration with the City attorney. Finally, we will present the findings, proposed assessment levies, and the Engineer 's Report to Cit y staff, the City Council, and the public, including property owners within the LLMDs.

Task Deliverables:
 Project Meeting (Virtual)
 Three Proposition 218-compliant Engineer's Report (PDF)  Draft resolutions and associated agenda reports (MS Word)  Presentation at City Council meeting (In-Person)
 Two (2) public meetings for each LLMD (In-Person or Virtual)

Task 3: Informational Outreach Support
Effective informational outreach is essential for a successful ballot outcome. When voters are properly informed about the purpose of a local funding measure, they are more likely to be supportive.

Misinformed or mistrusting voters tend to vote no, while well-informed voters tend to be more supportive if they are adequately informed about a measure's purpose.

Under California law, the District can engage in informational activities to educate the public about District-related issues, including ballot measures. However, these activities must be strictly informational and cannot be used for advocacy or to promot e a particular outcome. This means that the information provided must be factual and objective, presenting the funding measure 's pros and cons without attempting to sway public opinion in a particular direction.

SCI Proposal for City of Pleasanton
May 22, 2025

Task 3 services would include supporting the City at four outreach meetings with the public and the property owners within the LLMDs . SCI would also assist the City with preparing the presentations for each meeting.

Task Deliverables:
 Informational outreach strategy
 Property owner informational services
 Four outreach meetings (In-Person)

Task 4: Proposition 218 Ballot Proceeding Services
Services under this Task shall include designing, printing, addressing, and mailing the official assessment notice and ballots to all property owners , which are the proposed boundaries of the LLMD . The official notice and assessment ballot design and supporting informational items and mailers are essential to a successful ballot outcome. SCI will utilize its unmatched expertise and track record to design notices, ballots, and informational items that clearly and concisely explain the reason for the services and meet all legal requirements.

After the draft notice and ballot are prepared, they will be provided to the City and the City Attorney for review and comment. Feedback and comments will be incorporated before the documents are finalized.

After the official notice and ballot are finalized, SCI will oversee the printing and addressing of the ballots.

Admail West, a printing and mailing firm with industry -leading experience with assessment ballot proceedings, may perform this work. After the notices and ballots are printed and addressed, they will be mailed to all property owners in the proposed LLMD with a proposed assessment pursuant to the California Constitution and the Government Code.

SCI will also field and respond to property owner inquiries throughout the balloting, research and confirm new owners not reflected on the official county property ownership records, and issue replacement ballots as necessary. SCI will also prepare resolutions, documents, and information for the public hearing and assist the City and the City Attorney in responding to property owner testimony at the public hearing.

The City Clerk will be the official tabulator, with the legally required condition t o perform the tabulation publicly. SCI will provide tabulation software, scanners, and procedures to support the tabulation. SCI will employ its well-proven barcoded ballot identification system on this balloting, facilitating efficient and effective tabulation.

Task Deliverables:
 Project meeting (Virtual)
 Official Proposition 218 notice, ballot, and envelopes  Printing, mailing, addressing, and postage for Proposition 218 balloting  Presentation at City Council meeting (In-Person)
 Draft resolution and supporting documents
 Balloting process support
 Tabulation process support

SCI Proposal for City of Pleasanton
May 22, 2025

Task 5: Moller Ranch and Oak Tree Farm Engineer’s Report In addition to the tasks outlined above, SCI will also prepare the Engineer’s Reports for the Moller Ranch and Oak Tree Farm assessment districts for Fiscal Year 2026-27. These reports will reflect the restoration of assessment amounts implemented at formation, with proposed step increases over the following two to three years, ultimately reaching the maximum assessment amount authorized in the original formation documents. SCI will work closely with City staff and City Council to reflect this phased increase approach in the apportionment methodology and public-facing documentation.

City Resources
SCI will carry out all tasks specified in the Work Plan and any other related services, as appropriate. The City would be responsible for the following:
 Periodically meet or participate in video or voice conference calls with SCI as needed.  Provide information and documentation regarding the City 's three LLMDs and their associated capital improvement plan, description of services and improvements to be funded by the assessment, the annual revenues needed, and additional data as requested.  Designate a City point of contact with authority to act on its behalf regarding the Work Plan.  Assist with planning, review, and coordination of action items.

PROJECT TIMELINE
We understand that the City would like to begin the Proposition 218 ballot proceeding in August 2025, for the FY 2026-27 property tax roll.

SCI Proposal for City of Pleasanton
May 22, 2025

FEE SCHEDULE / MANNER OF PAYMENT
In consideration of the work accomplished, as outlined in the Work Plan, SCI shall be compensated as detailed below. Our professional fees are based on our understanding of the City's needs and the level of effort we expect is necessary to complete the Work Plan successfully.

After completing each task, SCI sh all submit an invoice for the work performed. Payments shall be due and payable upon submitting an invoice for each completed task.

PROFESSIONAL SERVICES AGREEMENT
SCI has reviewed and accepts the terms of the City 's standard Professional Services Agreement and will enter into such an agreement if selected. However, SCI will require recognition as a design professional for indemnification purposes. In accordance with California Civil Code Section 2782.8, SCI will defend and indemnify the City against claims arising from, related to, or connected with SCI's negligence, recklessness, or willful misconduct in the performance of the work.

Work Plan and Approach
SVP / Engineer of
Work
Senior Consultant
President, Principle-
In-Charge
2024 Hourly Billing Rates $287 $217 $306
Task 1: Project Kickoff and Data Collection 12 10 6 28 $7,450 Task 2: Assessment Engineering and Engineer’s Reports 56 124 20 200 $49,100 Task 3: Informational Outreach Support 12 60 8 80 $18,910 Task 4: Proposition 218 Ballot Proce e ding Se rvice s 6 60 4 70 $15,970 Task 5: Moller Ranch and Oak Tree Farm Engineer's 5 9 5 19 $5,000 Labor Costs 91 263 43 397 $96,430
Direct Costs (Task 4) $3,030
Incidental Costs NTE 2 $1,500
Total Project Cost $100,960
Notes :

Billable Labor Hours
Total
Billable
Hours
Fixed
Fees
2 Customary incidental expenses, including travel, lodging, printing, postage, data, or other out -of-pocket c osts, shall be billed at ac tual c ost plus 1 0 % not to ex c eed $ 1 ,5 0 0 without pr ior author ization fr om the County. Mileage expenses shall be billed at the IRS -approved rate. 1 Work Plan assumes the LLMD engineer reports and associated ballot proceedings would occur concurrently.

Work Plan include two (2) in- person meetings for Tasks 2 and four in-person meetings for Task 3.

SCI Proposal for City of Pleasanton
May 22, 2025

CONFLICT OF INTEREST AND LITIGATION STATEMENTS
SCI has no known past, ongoing, or potential conflicts of interest for working with the City, performing the Scope of Work, or any other service for this project.

SCI is not involved in any litigation in connection with current or prior projects.

SCI Proposal for City of Pleasanton
May 22, 2025

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Item #21

CITY COUNCIL AGENDA REPORT

July 15, 2025
Public Works - Utilities Division

TITLE: APPROVE AN AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PLEASANTON AND PLEASANTON GARBAGE SERVICE, INC.

FOR SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANIC MATERIALS

SERVICES RELATED TO RECYCLING PROCESSING CHANGES

SUMMARY
The City has an exclusive Franchise Agreement with Pleasanton Garbage Service (PGS) for the collection of residential and commercial solid waste, recyclables, green waste, food scraps, and construction and demolition materials. This agreement is scheduled to expire on June 30, 2029. Following the approval of a new recycling processing agreement with Green Waste Recovery, LLC (GreenWaste) to improve waste diversion and meet recycling processing goals, the Franchise Agreement has been amended to incorporate new terms allowing for the processing of recycled material with a new contractor and eliminating PGS’s obligations to report on the processing and marketing of recyclable materials.

RECOMMENDATION
Approve an amendment to the Franchise Agreement between the City and Pleasanton Garbage Service, Inc. for solid waste, recycling materials, and organic materials services, related to recycling processing changes.

BACKGROUND
Pleasanton Garbage Service, Inc. (PGS) has an exclusive Franchise Agreement with the City to collect, transport and dispose of refuse and collect and process recyclable materials and organics produced and accumulated within the City. Key goals of the current Franchise Agreement with PGS including meeting the City’s needs in a manner that is consistent with industry standards, with services and rates comparable to neighboring cities, and with PGS (rather than the ratepayers) assuming reasonable risks related to the cost of its operations.

On September 16, 2024, the City issued a Request for Proposals (RFP) for recyclable materials processing and diversion services. Three qualified proposals were received, and the City undertook a comprehensive evaluation process to determine the most suitable provider.

On April 15, 2025, the City Council authorized an agreement for post-collection of recyclable materials processing and diversion services between the City and Greenwaste. This change requires the City and PGS to amend the current Franchise Agreement to reflect these recent changes to recyclable materials processing.

DISCUSSION
The City and PGS began discussing amendments to the Franchise Agreement in January 2025. Both parties have agreed to the following amendments:

• Remove all references to “recyclable materials processing” services from the Franchise Agreement and acknowledges the City’s separate agreement with GreenWaste for the processing and marketing of recyclable materials, thereby eliminating any obligations related to these services from PGS' scope of work.
• Update applicable sections of the agreement to align with current operational responsibilities and contractual relationships.
• Address contamination concerns by incorporating a new Exhibit P outlining contamination minimization protocols.
• Revise the rate methodology to reflect the changes in recyclable materials handling, ensuring that customer rates approved by the City are appropriately applied and maintained under the updated service structure.

The City Council Waste and Recycling Subcommittee and City staff recommend the proposed amendments to the current Franchise Agreement that will assist the City and PGS in complying with the new agreement for recycling processing with GreenWaste.

EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs to meet the needs of all members of the community. The waste and recycling program takes into account both equity and sustainability considerations to ensure fair access to services and promote environmentally responsible waste management practices. Waste disposal is vital to ensuring that the services the City provides are available in a healthy and safe manner to all members of the Pleasanton community.

OUTREACH
On May 22, 2025, a publicly-noticed City Council Waste and Recycling Subcommittee meeting was held.

STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton strategic plan goal of Investing in Our Environment to continue to implement priority items from the Climate Action Plan 2.0 (CAP) to lead by example in environmental sustainability.

FISCAL IMPACT
There is no fiscal impact of the proposed amendments to the Franchise Agreement.

Prepared by: Submitted by: Approved by:
for
for

Siew-Chin Yeong, Director
of Public Works
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Amendment to Agreement between the City of Pleasanton and Pleasanton Garbage Service, Inc.

FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF PLEASANTON AND PLEASANTON GARBAGE SERVICE, INC. FOR SOLID WASTE, RECYCLABLE

MATERIALS, AND ORGANIC MATERIALS SERVICES

This First Amendment to Agreement Between the City of Pleasanton and Pleasanton Garbage Service, Inc. for Solid Waste, Recyclable Materials, and Organic Materials Services (the "First Amendment") is entered into this ____ day of __________ 2025 by the City of Pleasanton ("City") and Pleasanton Garbage Service, Inc. ("Contractor”)(each a “Party” and together the “Parties”), with reference to the following:

WHEREAS, on June 7, 2022, the City and Contractor entered into an Agreement for Solid Waste, Recyclable Materials, and Organic Materials Services (the "Agreement"); and, WHEREAS, City has entered into a separate agreement for Recyclable Materials Processing and Diversion Services, thereby removing any obligations regarding the Processing of Recyclable Materials from Contractor’s services; and
WHEREAS, this First Amendment modifies the Agreement to remove all references to Recyclable Materials Processing services and to update relevant Sections of the Agreement to reflect the City’s new arrangement for Recyclable Materials Processing and align with current contractual relationships and operational responsibilities; and
WHEREAS, capitalized terms used but not defined in this First Amendment shall have the meanings assigned them in the Agreement;
NOW, THEREFORE, in and for the mutual covenants herein and other valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:

Article 1. Definitions

1. Article 1, Section 1.14 of the Agreement is hereby amended to read as follows:
““Approved Organic Materials Processing Site” means the Central Valley Compost Facility, owned by Waste Management, and located at 916 Frewert Road in Lathrop, and theCentral Valley Compost Facility at 916 Frewert Road in Lathrop, California , Blossom Valley Organics Composting Facility, owned by Recology, and located at 3909 Gaffery Road, Vernalis, CA, each of which that was selected by Contractor and approved by the City Manager or their designee.”

2. Article 1, Section 1.15 of the Agreement is hereby amended to read as follows:
““Approved Recyclable Materials Processing Site” means the GreenWaste San Jose Material Recovery Facility at 625 Charles Street in San Jose, California, City Automatic Recycling, Inc. Facility at 3110 Busch Road in Pleasanton, California , which was selected by Contractor,and approved by the City Manager or their designee.”

3. Article 1, Section 1.7 3 of the Agreement is hereby replaced with the following, and the subsequent Sections in Article 1 are renumbered consecutively:
“”Mixed Recyclable Materials” or “Mixed Recyclables” means commingled Recyclable Materials that are Source Separated from Solid Waste and Organic Materials but not from any specific type of Recyclable Materials.”

4. Article 1, Section 1.109 of the Agreement is hereby amended to read as follows:

“”Subcontractor” means a party who has entered into a contract, express or implied, with the Contractor for the performance of an act that is necessary for the Contractor’s fulfillment of its obligations under this Agreement and approved by the City in accordance with Section 12.6 of this Agreement for services such as, but not limited to, Collection, Transportation, Processing, Diversion, sales or marketing of Recyclable Materials or Organic Materials, staffing, public education, Customer service, and billing, or other service whose cost is a substantial portion of the Contractor’s total annual cost. Notwithstanding any other provision in this Agreement, vendors providing materials, supplies, or professional services to Contractor, and Approved Facilities that are not Affiliates of Contractor, shall not be considered Subcontractors for any purpose under this Agreement.”
Article 4. Scope of Agreement

5. Section 4.1 (Scope of Agreement) of the Agreement is hereby amended to read as follows:
“Subject to Section 4.2, the Agreement granted to Contractor shall be exclusive for Collection, Transfer and Transportation of Recyclable Materials, and for Collection, Transfer, Transportation, Processing, and/or Disposal of Solid Waste, Recyclable Materials, Organic Materials, and Construction and Demolition Debris generated in the City, except where otherwise precluded by federal, State and local laws and regulations or where other current programs provide for Collection of Household Hazardous Waste.”

6. S ubsection 4.1.D (Scope of Agreement) of the Agreement is hereby amended to read as follows:
“D. Processing and marketing, or arranging for Processing and marketing of Recyclable Materials, Organic Materials and Construction and Demolition Debris Collected in the City by Contractor.”

7. Section 4.2 (Limitations to Scope) of the Agreement is hereby amended to read as follows:
“This Agreement for the Collection, Transfer and Transportation of Solid Waste and Recyclable Materials and for the Collection, Transfer, Transportation, and Processing of Recyclable Materials, of Organic Materials, and Construction and Demolition Debris granted to Contractor shall be exclusive except as to the following materials listed in this Section. The award of this Agreement shall not preclude the categories of Solid Waste, Recyclable Materials, Organic Materi als, and Construction and Demolition Debris listed below from being delivered to and Collected and Transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from City which is otherwise required by law:”
Article 5. Collection Services

8. S ubsection 5.3.1 (Recyclable Materials Collection Services – General) of the Agreement is hereby amended to read as follows:
“Contractor shall Collect Mixed Recyclable Materials that are commingled in the Customer’s Recyclable Materials Collection Container provided that the Customer has Source Separated the Recyclable Materials from Solid Waste and Organic Materials. The types of Recyclable Materials to be Collected by Contractor are specified in Section 1.912. Contractor shall Transport all Mixed Recyclables Collected to the Approved Recyclable Materials Processing Site for Processing.

In accordance with Section 4.3, the City may request Contractor to modify its scope of services to include Collection of additional types of Recyclable Materials beyond those materials defined in Section 1.912. If the City requests Collection of additional Recyclable Materials, the Contractor shall not receive additional compensation for Collection service if the Recyclable Materials are placed by Generator in the Recyclable Materials Container unless Contractor can demonstrate that Collection of the additional material(s) requires modifications to Collection routes to accommodate the additional volume of the material(s). An adjustment

to Contractor’s Rates may be made for changes in Processing costs in accordance with Sections 4.3 and

8.5.”

9. S ubsection 5.4.2.F ( Organic Materials Collection Services – Multi-Family and Commercial Organics Collection Service) of the Agreement is hereby amended to read as follows:
“F. Notification of Improper Setout. Contractor shall notify Customers and their property managers (if applicable) who fail, or whose residents or employees fail, to follow the posted instructions Recycling instructions provided by Contractor in accordance with Section 5.14.8. In cases of extreme or repeated failure to comply with the instructions, Contractor may decline to Collect the Organic Materials but must notify the Customer of the reason and what steps must be taken by Customer to recommence service.”

10. S ubsection 5.13.2 (Disposal and Processing of Collected Materials – Recyclables Processing) of the Agreement is hereby amended to read as follows:
“A. General. Contractor agrees to Transport and deliver all MixedSource Separated Recyclable Materials it Collects in the City to the Approved Recyclable Materials Processing Site. Contractor shall pay all costs associated with Transfer (if applicable), Transporting, and Processing , and marketing of such Recyclable Materials. Residue remaining after Recyclable Materials Processing shall be Disposed of by Contractor or the Processing Site Subcontractor at a Disposal Site selected by Contractor or the Processing Site Subcontractor . Any and all Transfer, Processing, and other material hand ling activities performed in the City shall occur only at a facility which is in compliance with all City permit requirements and all other Applicable Law that applies to operations at such facility. A site in the City used by Contractor for material handling activities of any kind will be subject to the City’s strict development permit review process.

B. P
rocessing Arrangements. Contractor shall secure sufficient capacity to Process Recyclable Materials Collected under this Agreement and shall cause the Approved Recyclable Materials Processing Site to Process and market the Recyclable Materials. Contractor shall provide the City, upon request, with documentation demonstrating the availability of such capacity.Contractor shall observe and comply with all regulations in effect at the Approved Recyclable Materials Processing Site and cooperate with and take direction from the operator thereof with respect to delivery of Recyclable Materials. Contractor shall ensure that contamination of the Recyclable Materials delivered to the Processing Facility remains below mutually agreed- upon limits established by the Approved Recyclable Materials Processing Site, Contractor and the City. If Contractor provides these services it shall make a good faith effort to achieve a Residue level no greater than twenty-five percent (25%), where the Residue level shall be calculated as 100 multiplied by the monthly Tonnage of Processing Residue requiring Disposal divided by the total monthly Tonnage of Recyclable Materials Collected. If the Contractor does not provide these services it shall contractually require of the third party processor that it achieve this Residue level. If Contractor cannot obtain such contract provision, so notifies City Contract Manager and provides evidence, reasonably satisfactory to the City, that such terms are not commercially available, the City Contract Manager shall waive this obligation.

Contractor shall keep all existing permits and approvals necessary for use of the Recyclable Materials Processing Site(s) in full regulatory compliance or confirm that the Owner or operator of such facility does so. Contractor shall, upon request, provide copies of permits and/or notices of violation of permits to the City.

Contractor may change its selection of the Approved Recyclable Materials Processing Site following City’s written approval, but Contractor shall not be compensated for any increased Transportation and Processing costs. Contractor will bear any increased Tr ansportation and Processing costs

associated with a Contractor-initiated change in the Approved Recyclable Materials Processing Site.

In such case, Contractor shall guarantee the same net Processing Cost specified in Exhibit F or shall increase the net Processing Costs (if the amount is a net revenue) associated with the use of Processing Site(s) different from the Approved Recyclable Materials Processing Site. If Contractor elects to use a Recyclable Processing Site(s) that is different than the Approved Recyclable Materials Processing Site, it shall request written approval from the City sixty (60) calendar days prior to use of the site and obtain the City’s written approval no later than ten (10) calendar days prior to use of the site.

Below is information about the Approved Recyclable Materials Processing Site selected by the City Contractor:
• Facility Name: City Automatic Recycling, Inc. GreenWaste San Jose Material Recovery Facility
• Owner: Robert Molinaro and Anthony Macchiano GreenWaste Recovery, LLC • Operator: City Automatic Recycling, Inc. GreenWaste Recovery, LLC • Address: 3110 Busch Road in Pleasanton, CA 625 Charles Street in San Jose, California • Contact Person and telephone number: Robert Molinaro (925) -846-2042 Manuel Aguilar (408) 938-4998
• Current term and opportunities for extension of agreement: N/A The term of the processing agreement between City and GreenWaste Recovery, LLC shall commence on July 1, 2025 and continue in full force through June 30, 2029. At the City’s sole discretion, the term of the processing agreement may be extended, for up to sixty (60) months after June 30, 2029 (i.e., until June 30, 2034).
• Method of allocating Recyclable Materials Diverted by material type and Processing Residue to the City (from among two or more jurisdictions): allocation by inbound weight for Recyclable Materials and for Processing Residue.

Contractor shall Collect Recyclable Materials generated in the City in Collection Vehicles separately from other Recyclable Materials generated outside the City and shall weigh each vehicle so that the Tonnage of Recyclable Materials can be documented on a per-load basis with supporting documentation (such as a certified weight ticket or tag). The Agreement entered into between the City and the Approved Recyclable Materials Processing Site includes an obligation for the Approved Recyclable Materials Processing Site to provide the City with certified weight tickets, which the City will provide to Contractor. Periodically, the Contractor shall review its marketing records to calculate the volume of Recyclable Materials received at the Approved Recyclable Materials Processing Site and marketed to determine the percentage of various Recyclable Materials (e.g., glass, newspaper, cardboard, PET, HDPE, aluminum, etc.) and the City’s Residue level. The percentages determined from the review of marketing records shall be used to allocate the total Tonnage Collected in the City into various categories of Recyclable Materials and Residue.

If Contractor is unable to use the Approved Recyclable Materials Processing Site due to an emergency beyond Contractor’s control or a sudden unforeseen closure of the Approved Recyclable Materials Processing Site, Contractor may use an alternative Processing Site provided that the Contractor provides verbal and written notice to the City and receives written approval from the City

at least twenty -four (24) hours prior to the use of an alternative Processing Site. The Contractor’s written notice shall include a description of the reasons the Approved Recyclable Materials Processing Site is not feasible and the period of time Contract or proposes to use the alternative Processing Site. In such event, Contractor shall not be compensated for any increasedchange in Transportation and Processing costs and shall not guarantee the net Processing Cost specified in Exhibit F or shall increase the net Processing Costs (if net revenues) associated with the use of Processing Site(s) different from the Approved Recyclable Materials Processing Site. If the alternative Processing Site is located in the City, the material handling and Processing operat ions shall occur in an enclosed facility and areas used for parking, vehicle access, and operations shall be paved.

C. Transport. The Contractor is responsible for Transporting Collected Recyclable Materials to the Approved Recyclable Materials Processing Site by large- capacity Transfer vehicle haul. If the Contractor plans to change its Transport method, Contractor shall obtain written approval from the City prior to making the change; pay all costs; and shall not be reimbursed for any additional costs.

The City shall approve the Transport method, and the duration the Transport method is expected to remain in use.

D. Marketing. The Contractor shall be responsible for marketing Recyclable Materials that Contractor Collects in the City, including materials Collected during on-call clean-up and on-call Bulky Item/E- Waste pick -up events. Contractor shall be compensated by the end us ers/market place for such Recyclable Materials at no less than fair market value.

Contractor shall prepare and maintain a City- approved marketing plan for all Recyclable Materials Collected in the City. The plan, which shall be approved by City Contract Manager or their designee, shall be in place on or before the Commencement Date of this Agreement. The marketing plan shall fully describe the Contractor’s marketing methods and approach, targeted primary and contingent markets, pricing policy and assumed salvage value for each Collected type of Recyclable Material products, and contingency plans when market conditions are severe.

Upon request, Contractor shall provide proof to the City that all Recyclable Materials Contractor Collects in the City are marketed for Recycling or reuse in such a manner that materials shall be considered as Diverted in accordance with the State regulations established by AB 939. All Residual material from the Processing activities that is not marketed for use shall be accounted for as Disposal Tonnage at a permitted Disposal Site. No Recyclable Materials shall be Transported to a domestic or foreign location if Solid Waste Disposal of such material is its intended use.

Annually, the Contractor shall update its marketing plan and submit it to the City for approval pursuant to Section 6.3.4. Contractor shall provide City with a list of broker/buyers it has used during the preceding twelve (12) months, if requested by City. If Contractor becomes aware that a broker or buyer has illegally handled or Disposed of material generated by the City or elsewhere, Contractor shall immediately inform the City and terminate its contract or working relationship with such party.

E. Reporting. Contractor shall provide reports on Recyclables Processing as required by Section 6.3.”

11. Subsection 5.13.5 (Insurance, Indemnifications and Performance Standards) of the Agreement is hereby amended to read as follows:
“If Contractor uses a Recyclables Processing Site Subcontractor or an Organic Materials Processing Site Subcontractor, or enters into any contract, agreement or understanding with a party for services related to Recyclable Materials Processing and marketing, Organic Materials Processing, Composting, and marketing, or Transfer station services, Contractor shall provide that terms and conditions (such as

insurance requirements, indemnifications, and Processing, Composting, marketing performance, and Residue guarantees) of any contract, agreement, or other understanding Contractor has with such party can be enforced by the City as an additional insured or third party beneficiary thereof in the same manner provided in Article 9 and in a manner reasonably satisfactory to City.

If Contractor or an Affiliate owns or operates the Approved Recyclable Materials Processing Site or Approved Organic Materials Processing Site, Contractor shall include City as an additional insured on liability policies and defend and indemnify City in a manner satisfactory to City, and provide that any materials recovery and marketing performance standards or guarantees made to any other facility customers are made to City as well, including obligations such as recovered product and Compost Product qualit y guarantees and limits on the Residue level.

Contractor shall demonstrate compliance with the requirements of this paragraph on or before the Commencement Date of this Agreement.”

12. Subsection 5.13.6 (Compliance with Applicable Law) of the Agreement is hereby amended to read as follows:
“Contractor (or its Subcontractor(s)) warrants throughout the Term that the Approved Recyclable Materials Processing Site and Approved Organic Materials Processing Site selected by Contractor isare respectively authorized and permitted to accept Recyclable Materials and Organic Materials in accordance with Applicable Law and is in full compliance with Applicable Law. Contractor shall: (1) verify compliance for the Approved Recyclable Materials Processing Site and Approved Organic Materials Processing Site (that neither it nor its Affiliates own) by contacting the local enforcement agency and other regulatory agencies having jurisdiction over that Approved Recyclable Materials Processing Site and Approved Organic Materials Processing Site at least quarterly; and (2) upon City direction, shall promptly provide City with copies of the Approved Recyclable Materials Processing Site and Approved Organic Materials Processing Site’s permits or notice of violations to City.”

13. Subsection 5.13. 11 ( Alternative Facility Designation by City) of the Agreement is hereby amended to read as follows:
“The City reserves the right to direct Contractor to Transport and deliver: (i) all Organic Materials Collected pursuant to this Agreement to an Organic Materials Processing Site other than the Organic Materials Processing Site selected by the Contractor, a nd/or (ii) all Recyclable Materials Collected pursuant to this Agreement to a Recyclables Processing Site other than the Processing Site selected by the Contractor. If the City exercises its right under this provision and specifies use of an Organic Materials or Recyclable Materials Processing Site that is different from the Contractor-selected Approved Recyclable Materials Processing Site or Approved Organic Materials Processing Site, the City shall provide written notice to Contractor one (1) year before the date the Contractor shall commence use of the City -designated site; provided, however, that the City may provide such notice to Contractor 90 days prior to the commencement date for Recyclable and Organic Materials processing contracts being negotiated by City during 2018.

Furthermore, the Contractor’s Compensation and Rates will be adjusted for increases or decreases in Transportation, Processing, and/or Composting costs, if any, in accordance with Sections 4.3 and 8.5, and Contractor shall no longer be subject to the Diversion requirements applicable to such materials so long as contamination levels in the materials that Contractor delivers to the new Processing Sites do not exceed levels that are mutually agreeable to the City and Contractor.”

14. Subsection 5.14.8 (Collection Standards – Improper Set-Out and Non- Collection Notices) of the Agreement is hereby amended to read as follows:
“Contractor shall instruct all Customers and Generators as to any necessary preparation of materials (e.g., Source Separation requirements and materials that are Prohibited Container Contaminants), and the proper placement of Containers for Collection. Contractor shall notify Customers who fail to follow these instructions by attaching a two (2) inch by six (6) inch tag to the Container with a description of how Customer has violated such instruction s. In the event of non -Collection as a result of such violation, Contractor shall clearly indicate on the tag the reason for non -Collection and what steps must be taken by Customer to recommence service. If contamination is identified, Contractor shall imp lement corrective measures consistent with the Contamination Minimization Protocol outlined in Exhibit P . In cases of extreme or repeated failure to comply with the instructions, Contractor shall notify the City of the Customer’s repeated failures. Contractor shall maintain a record of non-Collection notices and the reason for non- Collection, in accordance with Section 6.3. Additionally, the Contractor shall conduct the contamination monitoring and noticing procedures specified in Section 5.22 and Section 5.24.”

15. Section 5.22 (Minimum Diversion Requirement) of the Agreement is hereby amended to read as follows:
“Contractor shall perform services under this Agreement in a manner which supports the City’s environmental goals, and at all times complies with and supports the Alameda County Mandatory Recycling Ordinance. This includes, but is not limited to, providing services, education, and outreach to Customers and in the community which promote source reduction, reuse, Recycling, Composting, and other methods to reduce landfill Disposal. Contractor is expected, during each and every one of its interactions with Customers, to suggest opportunities for Customers to reduce their Solid Waste subscription levels and increase the level of Recyclable Materials and Organic Materials service received. Contractor shall achieve the following minimum annual Diversion Rates:
• Materials Collected from Single- Family, Multi-Family, and Commercial Customers: seventy -five percent (75%) Diversion, provided that Contractor shall be entitled to an 85% Diversion credit with respect to Mixed Recyclable Materials that Contractor delivers to the Approved Recyclable Materials Processing Site; and,
• C&D Debris Collected: ninety percent (90%) of Portland cement concrete and asphalt concrete, and at least seventy-five percent (75%) of the remaining C&D (except as otherwise provided in the City Municipal Code), taking into account only C&D projects where Contractor Collects all materials.

Contractor’s Diversion Rate for each category identified above shall be calculated by dividing (i) the Tons of Salvageable Materials Collected under this Agreement less Processing Residue, by (ii) the total Tons of Discarded Materials Collected under this Agreement from each applicable Customer sector (as identified above).

Contractor’s ability to achieve the Diversion Rates identified in this Agreement is affected by the amount of contamination of Salvageable Materials in the Container. Such contamination can be minimized through effective public education and outreach, monitoring (including but not limited to inspection of Containers) and working with specific Generators (including but not limited to providing notices of contamination and non-Collection with copies to the City) all of which are obligations undertaken by the Contractor in accordance with this Agreement, and as further detailed in the Contamination Minimization Protocol attached hereto as Exhibit P. Notwithstanding any other provision in this Agreement, if Contractor can demonstrate with documented evidence reasonably satisfactory to the City that such contamination is preventing Contractor from meeting the relevant Diversion Rate and it has performe d all specific obligations contained in the Agreement as well as all actions performed by similar contractors with similar

contracts, then City agrees to waive any applicable Liquidated Damages and consider appropriate adjustments to the stated performance standards.”
Article 6. Other Related Services and Standards

16. S ubsection 6.2.4 (Records – Recyclables and Organic Materials Collection Service Records) of the Agreement is hereby amended to read as follows:
“Records shall be maintained for Contractor that relate to:

A. Mandatory Recyclable Materials and Organic Materials Collection service especially as related to determining participation and set -out rates, complying with mandatory service requirements of SB 1383, and implementing programs to increase existing participation and to expand Diversion (names, addresses, contacts made, etc.);
B. Recyclable Materials andOrganic Materials sales value; C. Organic Materials wWeight of material recovered by type and weight of Residue Disposed; and D. Organic Materials eEnd use and markets for recovered materials.”

17. Subsection 6.3.2.B (Reports – Monthly Report Content) of the Agreement is hereby amended to read as follows:
“B. Recyclable Materials Service. Contractor shall provide:

1. Number of Recyclable Materials Customers and Containers by sector and Service level ; and,

2. Tonnage Collected by sector ; and . If more than one Processing Site is used, present information separately for each Site.

3. Tonnage marketed and Residue Disposed (which should total the Tonnage Collected). If more than one Processing Site is used, present information separately for each site.

18. S ubsection 6.3.3.B (Reports – Quarterly Report Content) of the Agreement is hereby amended to read as follows:
“B. Recyclable Materials Services.

1. Quarterly summary of monthly reports required in Section 6.3.2.B;

2. Accounts Collected by sector. Include number of accounts, as well as number of total cubic yards for Bin Service; and number of pulls, deliveries, and pickups for Drop Box and Compactor Service;

3. Participation percentage by sector (number of accounts actually serviced divided by the number of accounts scheduled for service); and

4. Tonnage by Recyclable Material commodities and sector. Report on marketing activities.

Report the average monthly Residue level.”

19. S ubsection 6.3.4.D (Reports – Annual Report Content) of the Agreement is hereby amended to read as follows:
“D. Marketing Plan. Contractor shall include an updated Recyclable Materials and Organic Materials marketing plan in its annual report for City approval as required by Sections 5.13.2.D and 5.13.3.E.”

20. S ubsection 6.3.4.E (Reports – Annual Report Content) of the Agreement is hereby amended to read as follows:
“E. Historical Data . (to be completed if Rates are to be determined using a cost -based adjustment pursuant to Section 8.2)
Provide the following annual historical data for each Service Type:

1. Customer levels and subscription levels;

2. Solid Waste Tonnage;

3. Diversion Tonnage;

4. Gross Rate Revenues; and

5. Material revenues for Recyclable Materials andOrganic Materials by program type.” Exhibit G. Customer Rates Approved By The City

21. Exhibit G, Section 1 of the Agreement is hereby amended to read as follows:
“Customer Rates for the Rate Period beginning July 1, 20225 shall be prepared in cooperation with City, Contractor staff, and H&H Consultants, LLC., in coordination with the City Council Refuse and Recycling Subcommittee.”

22. Exhibit G, Section 2 of the Agreement is hereby amended to read as follows:
“The City-approved Customer rates for the Rate Period OneEight, effective July 1, 201825, are as follows:

Solid Waste, Recyclable Materials, and Organic Materials Collection Service Rates:

Effective 7/1/201825

Monthly Rate
SINGLE-FAMILY RESIDENTIAL RATES 7/1/2025
Cart Service 34.42$
35-Gallon Service
For the regularly-scheduled once each week pick up of the following * 35-gallon cart for refuse
* 96-gallon cart for recyclable materials
* 64 or 96-gallon cart for green waste including food scraps * Each additional refuse cart per week 34.42$
Cart Service 60.05$
96-Gallon Service
For the regularly-scheduled once each week pick up of the following * 96-gallon cart for refuse
* 96-gallon cart for recyclable materials
* 64 or 96-gallon cart for green waste including food scraps * Each additional refuse cart per week 60.05$
Back Yard Service
For the regularly-scheduled once each week pick up of waste cart from the back or side yard of a single family residential property of a customer unable to bring the cart to the curb. Carts must be within 50 feel of any gate or fence. 35-Gallon Service 41.83$
* Each additional refuse cart per week 41.83$
96-Gallon Service 72.05$
* Each additional refuse cart per week 72.05$

Monthly Rate
SINGLE-FAMILY RESIDENTIAL RATES 7/1/2025
Container Service 185.96$
For the one-time drop-off and pick-up of a 4 cubic yard container provided by Pleasanton Garbage Service, Inc.

Additional Services
* Extra 30-gallon bag (per bag) 9.93$
* Go Back Service for customer who forgot to put out carts 14.91$ * Same day 'go back' for a second pick-up 14.09$
* Other than same day 'go back' service 29.49$
* Cart Exchange back and forth changes 16.60$
* Redelivery of Cart after deliquent account is cleared 51.15$ * Damaged or Stolen Cart - One replacement cart in a 12 month period for Second replacement cart 79.86$
Senior Citizens Rate
Primary occupant must be 62 years of age or older. For the regularly-scheduled once each week pick up of the following:
35-Gallon Service 34.42$
* 35-gallon cart for refuse
* 96-gallon cart for recycable materials
* 64 or 96-gallon cart for green waste including food scraps * Each additional refuse cart per week 34.42$
96-Gallon Service 51.03$
* 96-gallon cart for refuse
* 96-gallon cart for recyclable materials
* 64 or 96-gallon cart for green waste including food scraps * Each additional refuse cart per week 51.03$

Monthly Rate
SINGLE-FAMILY RESIDENTIAL RATES 7/1/2025
Senior Citizen Rate (continued)
Backyard Service
For the regularly-scheduled once each week pick up of waste cart from the back or side yard of a single family residential property of a customer unable to bring the cart to the curb. Carts must be within 50 feet of any gate or fence. 35-Gallon Service 41.83$
* Each additional refuse cart per week 41.83$
96-Gallon Service 63.05$
* Each additional refuse cart per week 63.05$
Monthly Rate
7/1/2025
Solid Waste Cart Service
35-gallon 1/week 34.42$
35-gallon 2/week 70.17$
35-gallon 3/week 109.05$
35-gallon 4/week 143.10$
35-gallon 5/week 176.82$
96-gallon 1/week 60.05$
96-gallon 2/week 122.47$
96-gallon 3/week 190.31$
96-gallon 4/week 249.46$
96-gallon 5/week 308.30$
Each additional solid waste cart per week 35-gallon 1/week 34.42$ 96-gallon 1/week 60.04$
Monthly
Rate
7/1/2025
Go back service for customer who forgot to put out carts All Each Cart 14. 91$ Cart Exchange / back and forth changes All Each Cart 16.60$ Redelivery of Cart after delinquent account is cleared All Each Cart 51.15$ Second replacement cart in a 12 month period All Each Cart 79.86$ Mixed Recycle or Organics dumped as trash All Each Cart 24. 99$ Additional Services for Solid Waste, Mixed Recycling
and Organic Carts
Damaged or Stolen Cart - One replacement cart in a 12 month period is provided free of charge
Cart Size Frequency

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -

SOLID WASTE

COMMERCIAL/MULTI-FAMILY RESIDENTIAL RATES -
All Cart Service Cart Size Frequency

Monthly Rate
7/1/2025
Bin Service (Loose)
1 1 154.07$
1 2 314.30$
1 3 489.09$
1 4 640.20$
1 5 791.32$
2 1 308.11$
2 2 628.57$
2 3 977.95$
2 4 1,280.13$
2 5 1,582.34$
3 1 462.19$
3 2 962.83$
3 3 1,440.34$
3 4 1,893.62$
3 5 2,346.95$
4 1 616.27$
4 2 1,283.80$
4 3 1,903.67$
4 4 2,508.06$
4 5 3,112.48$
7 1 1,101.29$
7 2 2,293.50$
7 3 3,336.33$
7 4 4,394.06$
7 5 5,451.78$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL

RATES - SOLID WASTE
Cubic
Yards Frequency

Monthly Rate
7/1/2025
Bin Service (Loose) - continued
Extra Pickup 1 Each 34. 87$
2 Each 69.76$
3 Each 104.61$
4 Each 139.49$
7 Each 244.11$
On Call 1 Each 34.87$
2 Each 69.76$
3 Each 104.61$
4 Each 139.49$
7 Each 244.11$
Money on Delivery Bin Take Away 3-Day Rental 4 Each 185.96$ Money on Delivery Bin Take Away 3-Day Rental Extra
Bin Pick-Up 4 Each 139.49$

COMMERCIAL/MULTI-FAMILY

RESIDENTIAL RATES - SOLID WASTE
Cubic
Yards Frequency
Monthly Rate
7/1/2025
Bin - Compactor
1 1/2 1 453.31$
1 1/2 2 906.63$
1 1/2 3 1,359.97$
1 1/2 4 1,812.80$
1 1/2 5 2,266.64$
2 1 604.43$
2 2 1,208.85$
2 3 1,813.28$
2 4 2,370.17$
2 5 3,022.13$
3 1 906.64$
3 2 1,813.29$
3 3 2,719.94$
3 4 3,626.58$
3 5 4,533.22$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL

RATES - SOLID WASTE
Cubic
Yards Frequency

COMMERCIAL/MULTI-FAMILY RESIDENTIAL

RATES - SOLID WASTE
Cubic
Yards Frequency
Monthly Rate
7/1/2025
Bin Compactor - continued
4 1 1,208.87$
4 2 2,417.71$
4 3 3,626.59$
4 4 4,
835.45$
4 5 6,044.30$
5 1 1,795.48$
5 2 3,022.15$
5 3 4,248.83$
5 4 5,475.50$
5 5 6,702.18$
6 1 2,154.56$
6 2 3,626.58$
6 3 5,098.56$
6 4 6,570.58$
6 5 8,042.60$
Monthly Rate
7/1/2025
Bin Compactor
Extra Pickup 1 1/2 Each 124.31$
2 Each 139.49$
3 Each 209.24$
4 Each 278.98$
5 Each 348.73$
6 Each 418.49$
Overweight Charges (per ton) NA Each 83.12$
Same Day Service ALL Each 352.62$
Steam Clean Compactor Container/Box ALL Each 394.98$
Hard to Handle Trash (per ton) NA 78.72$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL

RATES - SOLID WASTE
Cubic
Yards Frequency

Monthly Rate
7/1/2025
Roll Off Box (Loose) - On Call
Monthly Rental Fee All Sizes 423.74$
15 621.
51$
20 828.66$
30 1,243.02$
40 1,657.37$
Cash on Delivery 3-Day Rental - Daily Rental Fee All Sizes 19.76$ Cash on Delivery for 3-Day Rental 15 621.51$
20 828.66$
25 1,035.85$
30 1,243.02$
40 1,657.37$
Overweight Charges (per ton) All Sizes 83.12$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL
RATES - SOLID WASTE Cubic Yards
Monthly Rate
7/1/2025
Roll Off Box (Compactor) - On Call
8 662.94$
10 828.66$
15 1,243.02$
16 1,325.89$
20 1,657.37$
24 1,988.84$
25 2,071.69$
30 2,486.03$
36 2,983.24$
40 3,314.71$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL
RATES - SOLID WASTE Cubic Yards
Monthly Rate
Frequency 7/1/2025
Additional Services for Solid Waste
Go Back Service All Each 160.61$
Steam Clean Bin All Each 191.14$
Pallet Pick Up N/A Each 14.43$
Hard to Handle Trash (per ton) N/A N/A 78.72$
Lock & Key for Customer to purchase from PGS All Each 13.86$

COMMERCIAL/MULTI-FAMILY
RESIDENTIAL RATES - SOLID WASTE Cubic Yards

Monthly Rate
Frequency 7/1/2025
Mixed Recycling Cart Service
First and Second Cart 64-gallon 1/week Free
64-gallon 2/week 45.02$
64-gallon 3/week 91.86$
64-gallon 4/week 142.92$
64-gallon 5/week 187.09$
Third and all additional 64-gallon carts 64-gallon 1/week 45.02$ 64-gallon 2/week 91.86$
64-gallon 3/week 142.92$
64-gallon 4/week 187.09$
Back Yard Cart Service per Cart 64-gallon 1/week 64.07$ 64-gallon 5/week 231.23$
First Cart 96-gallon 1/week Free
96-gallon 2/week 45.02$
96-gallon 3/week 91.86$
96-gallon 4/week 142.92$
96-gallon 5/week 187.09$
Second and all additional 96-gallon carts 96-gallon 1/week 45.02$ 96-gallon 2/week 91.86$
96-gallon 3/week 142.92$
96-gallon 4/week 187.09$
96-gallon 5/week 231.23$
Back Yard Service 96-gallon 1/week 64.07$

COMMERCIAL/MULTI-FAMILY
RESIDENTIAL RATES - RECYCLING Cart Size
Monthly Rate
Frequency 7/1/2025
Extra Pickup 1 Each 26.15$
2 Each 52.29$
3 Each 78.44$
4 Each 104.60$
7 Each 183.06$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL
RATES - RECYCLING Cubic Yards

Monthly Rate
Frequency 7/1/2025
Bins - Mixed Recycling Only
1 1 122.92$
1 2 244.01$
1 3 375.74$
1 4 491.70$
1 5 607.71$
2 1 245.79$
2 2 487.99$
2 3 751.21$
2 4 983.13$
2 5 1,215.25$
3 1 364.02$
3 2 741.67$
3 3 1,106.17$
3 4 1,440.20$
3 5 1,802.45$
4 1 482.24$
4 2 985.11$
4 3 1,450.24$
4 4 1,903.51$
4 5 2,356.77$
Compactor - Mixed Recycling Only
1 1/2 1 350.53$
1 1/2 2 701.07$
1 1/2 3 1,051.61$
1 1/2 4 1,401.78$
1 1/2 5 1,752.72$
2 1 482.15$
2 2 938.49$
2 3 1,392.87$
2 4 1,820.28$
2 5 2,321.03$
3 1 714.06$
3 2 1,396.79$
3 3 2,088.90$
3 4 2,758.20$
3 5 3,481.52$
4 1 945.94$
4 2 1,855.21$
4 3 2,762.78$
4 4 3,669.89$
4 5 4,576.74$
5 1 1,388.38$
5 2 2,336.93$
5 3 3,285.46$

COMMERCIAL/MULTI-FAMILY

RESIDENTIAL RATES - RECYCLING
Cubic
Yards

Monthly Rate
Frequency 7/1/2025
Compactor Mixed Recycling Only
6 1 1,666.05$
6 2 2,804.30$
6 3 3,942.55$
6 4 5,080.81$
6 5 6,219.06$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL

RATES - MIXED RECYCLING
Cubic
Yards
Monthly Rate
Frequency 7/1/2025
Organics Cart Service
96-gallon 1/week 45.02$
96-gallon 2/week 91.86$
96-gallon 3/week 142.92$
96-gallon 4/week 187.09$
96-gallon 5/week 231.23$

COMMERCIAL/MULTI-FAMILY RESIDENTIAL
RATES - ORGANICS Cart Size
Monthly Rate
Frequency 7/1/2025
Bins (Loose)
1 1 122.92$
1 2 244.01$
1 3 375.74$
1 4 491.70$
1 5 607.71$
2 1 245.79$
2 2 487.99$
2 3 751.21$
2 4 983.13$
2 5 1,215.25$
3 1 364.02$
3 2 741.67$
3 3 1,109.49$
3 4 1,454.30$
3 5 1,802.45$
4 1 482.24$
4 2 985.11$
4 3 1,450.24$
4 4 1,903.51$
4 5 2,356.77$

COMMERCIAL/MULTI-FAMILY
RESIDENTIAL RATES - ORGANICS Cubic Yards

Monthly Rate
Frequency 7/1/2025
Roll Off (Loose) - On Call
15 Each 466.14$
20 Each 621.51$
30 Each 932.26$
40 Each 1,243.02$

COMMERCIAL/MULTI-FAMILY
RESIDENTIAL RATES - ORGANICS Cubic Yards
Monthly Rate
7/1/2025
Air Conditioner 264.60$
Flocked Holiday Tree 43.15$
Bathtub (non-metal or metal) 123.58$
Chair-Recliner 108.43$
Couch 6 foot or 9 foot 123.58$
Dishwasher 123.58$
Washer 123.58$
Dryer 123.58$
Freezer 264.60$
Refrigerator 264.60$
Stove 123.58$
Grill 156.16$
Toilet 108.43$
Hide a bed 123.58$
Mattress Full, King Queen, Twin 156.16$
Microwave 108.43$
Misc. Furniture Item 108.43$
Misc Large Item 156.16$
Ping Pong Table 156.16$
CPU 94.34$
Printer 94.34$
Television Bigger than 25 Inches 216.86$
Television Less than 25 inches console or computer monitor 156.16$ Water Heater 30, 40, 50 or 80 gallon and above 123.58$
Tire no rim 42.46$
Tire with rim - Car and Pick-Up Truck 54.20$
Tire with rim - Large Truck 97.60$

LARGE ITEM ON CALL LIST FOR RESIDENTIAL & COMMERCIAL

CUSTOMERS

Exhibit H. Index-Based Rate Adjustment Mechanism

23. Exhibit H, Section 2.K of the Agreement is hereby amended to read as follows:
“K. “ MixedNet Recyclables Processing Costs ” means the per -ton Recyclables Processing costs provided by the Approved Recyclable Materials Processing Site (GreenWaste Recovery, LLC) less Commodity Revenue from Recyclables.”

24. Exhibit H, Section 2 of the Agreement is hereby amended to add a new subsection L as follows and the subsequent subsections in Section 2 are relettered consecutively:
““Mixed Recyclables Transfer Costs” means the per -ton costs to Transfer Mixed Recyclables at the Approved Transfer Station for the purpose of Transporting such Materials to the Approved Recyclable Materials Processing Site.”

25. Exhibit H, Section 2 of the Agreement is hereby amended to add a new subsection M as follows and the subsequent subsections in Section 2 are relettered consecutively:
““Mixed Recyclables Transport Costs” means the per- ton costs to Transport Mixed Recyclables from the Approved Transfer Station to the Approved Recyclable Materials Processing Site.” 6 Exhibit H, Subsection 3.B (Definitions) of the Agreement is hereby amended to read as follows:
“B. Profit. Profit for the coming Rate Period will be calculated by dividing the Total Annual Cost of Operations for the coming Rate Period (the value calculated in Section 3.A.5 above of this Exhibit) by an operating ratio (.90) and subtracting from the result the Total Annual Cost of Operations for the coming year. The Total Annual Cost of Operations shall not include any costs for the following:
(1) Any mark- up or profit related to Transfer Station Labor Costs paid to M&M Land Company, Monthly Rate
7/1/2025
For the disposal of all type of dry garbage, trash, refuse and debris which meets the disposal requirements of the transfer station Pleasanton Residents
Minimum Dump Rate 9.73$
Per Yard Dump Rate 15.01$
Per Ton Rate 83.12$
Commercial Customers and Non-Residents
Cubic Yard Construction/Demolition 46.47$
Cubic Yard Hard to Handle (over 6 feet in length or 3 feet in diameter) 70.51$ Cubic Yard Extremely Hard to Handle 93.34$
Cubic Yard Certified Loads N/A
Cubic Yard Household Garbage 36.85$
Minimum Cash Sale 36.85$
Minimum Charge Sale 36.85$
Weight Master Certificate 40.06$
Per Tonnage Fee 184.30$

TRANSFER STATION

LLC;, (2) truck repair costs paid to Pleasanton Truck & Equipment Repairs , Inc.;, (3) hauling, grinding, material sales marketing costs paid to Recycling and Resource Recovery Systems, LLC; (4) Recyclable Material Processing cost paid to City Automatic Recycling, Inc.; (5) CNG Fuel costs paid to Amador Valley Industries, LLC; (46) land lease costs paid to M&M Land Company, LLC; (75) land lease costs paid to Southfront LLC; ( 86) Disposal costs paid to the Approved Disposal SiteWaste Management ; ( 79) Organic Materials Processing costs paid to the Approved Organic Materials Processing SiteWaste Management; (810) hauling costs paid to Tiger Lines; and (9) wood Diversion costs paid to Harvest Power.

Profit =
Total Annual Cost of Operations for
Coming Rate Period
Operating Ratio
− Total Annual Cost of Operations for
Coming Rate Period”

27. Exhibit H, S ubsection 3.C (Adjustments of Total Calculated Costs – Pass-Through Costs) of the Agreement is hereby amended to read as follows:
“1. Vehicle Maintenance and Repair . The Vehicle Maintenance and Repair Cost per vehicle for the then-current Rate Period is multiplied by one plus the Annual Percentage Change in the Motor Vehicle Maintenance and Repair Index then multiplied by the total number of Collection vehicles in use (including all route vehicles and spares) for services provided under this Agreement.

2. Transfer and Transport Costs. The Transfer and Transport Cost per Ton for the then-current Rate Period is multiplied by one plus the Annual Percentage Change in the CPI-U then multiplied by the total Tons of Discarded Materials Collected for the most-recently completed 12-month period. When calculating adjustment in Rate Period One to determine Rates for Rate Period Two, the total Tons of Discarded Materials shall be calculated as the average of the Tonnage Collected in July, August, September, and October 2018 multiplied by 12.

3. Mixed Recyclables Trans fer Costs. The Mixed Recyclables Transfer Cost per Ton for the then- current Rate Period is multiplied by one plus the Annual Percentage Change in the CPI -U then multiplied by the total Tons of Mixed Recyclable Materials Collected for the most recently completed 12-month period.

4. Mixed Recyclables Transport Costs. The Mixed Recyclables Transport Cost per Ton for the then- current Rate Period is multiplied by one plus the Annual Percentage Change in the CPI -U then multiplied by the total Tons of Mixed Recyclable Materials Collected for the most recently completed 12-month period.

5.3. Disposal Costs. The average of the Disposal Cost per Ton (which includes per -Ton Disposal fees, per-Ton environmental fees, and per-Ton government fees) for the then-current Rate Period, and the Disposal Cost per -Ton for the coming Rate Period is multiplied by the total Tons of Solid Waste Disposed in the most -recently completed 12- month period. When calculating adjustment in Rate Period One to determine Rates for Rate Period Two, the average total Tons of Solid Waste Disposed shall be calculated as the average of the Tonnage Disposed in July, August, September, and October 2018 multiplied by 12.

6.4. Mixed Net Recyclables Processing Costs. The MixedNet Recyclables Processing Cost per Ton is multiplied by one plus the Annual Percentage Change in the CPI-U and thenthe per-ton cost provided by the Approved Recyclable Materials Processing Site (GreenWaste Recovery, LLC) for the coming Rate Period multiplied by the total Tons of Recyclable Materials Collected for the most- recently completed 12-month period. When calculating adjustment in Rate Period One to determine Rates for

Rate Period Two, the total Tons of Recyclable Materials shall be calculated as the average of the Tonnage Collected in July, August, September, and October 2018 multiplied by 12.

7.5. Net Construction and Demolition Debris Processing Costs. The Net Construction and Demolition Debris Processing Cost per Ton for the then-current Rate Period is multiplied by one plus the Annual Percentage Change in the CPI -U and then multiplied by the total Tons of Construction and Demolition Debris Collected for the most -recently completed twelve- month period. When calculating adjustment in Rate Period One to determine Rates for Rate Period Two, the total Tons of Construction and Demolition Debris shall be calculated as the average of the Tonnage Collected in July, August, September, and October 2018 multiplied by 12.

8.6. Net Organic Materials Processing Costs. The Net Organic Materials Processing Cost per Ton for the then-current Rate Period is multiplied by one plus the Annual Percentage Change in the CPI -U then multiplied by the total Tons of Organic Materials Collected for the most-recently completed 12- month period. When calculating adjustment in Rate Period One to determine Rates for Rate Period Two, the total Tons of Organic Materials shall be calculated as the average of the Tonnage Collected in July, August, September, and October 2018 multiplied by 12.

9. Commercial Organic Materials Processing Costs. The Commercial Organic Materials Processing Cost per Ton for the then-current Rate Period is multiplied by one plus the Annual Percentage Change in the CPI-U then multiplied by the total Tons of Commercial Organic Materials Collected for the most-recently completed 12-month period.

10.7. Interest Expense. Interest Expense is $593,723 in Rate Period One through Eleven, is not annually adjusted, and shall be zero in any subsequent Rate Period unless Parties mutually agree to a different amount.

11.8. Lease Costs. Lease Costs are $365,740 in Rate Period One, annually adjusted by multiplying the Lease Costs for the then-current Rate Period by one plus the Annual Percentage Change in the CPI- U.

12.9. Landfill Maintenance and Closure Costs. Landfill Maintenance and Closure Costs for each Rate Period shall mean the amount to which Contractor is entitled for the prior Rate Period pursuant to the terms of that certain “Agreement Approving an Expenditure of Funds to Close Former Landfill between the City and the Contractor” dated October 7, 1986, as amended, and attached as Exhibit O (the “Landfill Closure Agreement 1986”). Notwithstanding any other provision in the Agreement or any other Exhibit thereto, the Landfill Closure Agreement 1986 shall remain in effect in accordance with its terms during and after termination or expiration of the Agreement.

13.10. Total Pass-Through Costs. Total Pass-Through Costs for the coming Rate Period are the sum of the costs calculated in subsections C.1 through C.129 above.”

28. Exhibit H, Section 7 of the Agreement is hereby amended to read as follows:
“The following example (Table 2) illustrates the index-based adjustment method for determining Rates for Rate Period Eight Two. The dollar amounts shown are actual hypothetical amounts for Total Calculated Costs for Rate Period SevenOne (July 1, 202418 through June 30, 202519) and the adjustment factors are based on assumed changes in the various indices between the average index values for the 12 months ending October 202317 and for the 12 months ending October 202418.

Assumptions for Example Adjustment to Contractor’s Compensation:

• Then-current Rate Period = Rate Period SevenOne (July 1, 202418 through June 30, 202519) • Coming Rate Period = Rate Period EightTwo (July 1, 202519 through June 30, 20260) • Vehicle Maintenance & Repair Cost per Vehicle for then-current Rate Period = $121,937.4275,747 per Vehicle
• Vehicle DMV for then-current Rate Period = $3,158.801,433 per Vehicle • Transfer and Transport Cost per Ton for then-current Rate Period = $19.856.60 per Ton • Mixed Recyclables Transfer Cost per Ton for the coming Rate Period = $12.00 • Mixed Recyclables Transport Cost per Ton for the coming Rate Period = $59.80 • Mixed Recyclables Processing Cost per Ton for the coming Rate Period = $90.00 • Net Recyclables Processing Revenues per Ton for the then-current Rate Period = $108.63 per Ton • Net Organic Materials Processing Costs per Ton for the then-current Rate Period = $99.5860.56per Ton
• Commercial Organic Materials Processing Costs per Ton for the then-current Rate Period = $92.67 • Net C&D Processing cost per Ton for the then-current Rate Period = $74.1742.85 per Ton • Solid Waste Disposal Cost per Ton for the then-currentcoming Rate Period = $48.866.00 per Ton • Tonnages for the most-recently completed 12-month period ending October 31:

Solid Waste – 925,641235 Tons
Recyclable Materials – 12,17912,266 Tons
Organic Materials – 17,81524,423 Tons
Commercial Organic Materials – 2,238 Tons
Construction and Demolition Debris – 2,6994,081 Tons
• Number of Collection vehicles in use = 34.21
• Annual Percentage Change in the CPI-U = 0.02835
• Annual Percentage Change in the CPI-W = 0.02931
• Annual Percentage Change in the Motor Vehicle Maintenance and Repair Index = 0.06418 • Annual Percentage Change in the Fuel Index Diesel= 0.828124 • Annual Percentage Change in the Fuel Index CNG= 0.953434

TABLE 2
Example Calculation of Total Calculated Costs for Rate Period Eight Two

Rate Period Adjustment Adjustment Rate Period
Seven Index Factor Eight
Per Unit Cost and Fee Adjustments FY 6/30/25 FY 6/30/26 Vehicle Maintenance & Repair Cost per Vehicle 121,937.42$ MVI 1.064 129,741.41$ Vehicle DMV 3,158.80$ MVI 1.064 3,360.96$
Transfer and Transport per Ton 19.85$ CPI-U 1.028 20.41$ Mixed Recyclables Transfer Cost per Ton CPI-U 1.064 12.00$ Mixed Recyclable Materials Transport Cost per Ton CPI-U 1.064 59.80$ Mixed Recyclable Materials Processing Tip Fee per Ton (GWR) 293.87$ 90.00$ Organic Materials Processing Tip Fee per Ton 99.58$ CPI-U 1.028 102.37$ Commercial Organic Materials Processing Fee per Ton 92.67$ CPI-U 1.028 95.26$ C&D Processing Tip Fee per Ton 74.17$ CPI-U 1.028 76.25$ Solid Waste Disposal Tip Fee per Ton 48.86$ Ton Factor Sched 3 50.79$ Annual Cost of Operations
Labor-related costs 11,345,004$ CPI-W 1.029 11,674,009$ Fuel Costs Diesel 216,320 Fuel-D 0.828 179,113 Vehicle DMV 108,126 Unit Cost x # vehicles 34.21 114,979 Other Costs 2,957,309 CPI-U 1.028 3,040,114
Direct Depreciation 1,165,971 N.A. 1,165,971
Total Annual Cost of Operations 15,792,730 16,174,186 90% Operating Ratio Profit 1,754,748 1,797,132
Pass Through Costs
Vehicle Maintenance & Repair Costs 4,173,918 Unit Cost x # vehicles 34.21 4,438,454 Other Intercompany Maintenance - MVI 1.064 - Transfer and Transport 1,803,689 Tip fee x tons 92,640.98 1,890,802 Recyclable Materials Transfer Cost Tip fee x tons 12,179.28 146,151 Recyclable Materials Transport Cost Tip fee x tons 12,179.28 728,321 Recyclable Materials Processing Cost (GWR) 2,531,284 Tip fee x tons 12,179.28 1,096,136 Organic Materials Processing Cost 1,798,349 Tip fee x tons 17,815.34 1,823,756 Commercial Organic Materials Processing Cost 210,056 Tip fee x tons 2,237.93 213,185 Roll Off Belt (C&D) Processing Cost 222,463 Tip fee x tons 2,698.55 205,764 Solid Waste Disposal Cost 4,439,176 Tip fee x tons 92,640.98 4,705,235 Fuel Costs CNG 417,594 Fuel-CNG 0.953 397,967
Interest Expense 593,723 N.A. 593,723
Lease costs 357,592 CPI-U 1.028 367,605
Rounding 1
Total Pass-Through Costs 16,547,845 16,607,099
Total Calculated Costs before City Fees 34,095,323 34,578,417 City Fees / Payments
Franchise Fee 1,293,285 N.A 3.5% 1,356,468
Contamination Monitoring (Lid Flip) 39,826 CPI-W 1.029 40,981 Payment and Billing Audit - -
Performance Review - -
AB939/AB341 Fee - -
Vehicle Impact Mitigation Fee 1,329,400 2,280,627 City Staff Costs 500,000 500,000
GHG/Carbon Emissions Fee - -
Reimbursement for City Review - -
Total City Fees / Payments 3,162,511 4,178,076
Other Adjustments
Landfill Maintenance / Closure 150,000 184,024 Rental Income (36,122) N.A (36,122)
G&A Support Revenue from CARI (168,395) -
Cardboard Recycling Revenue from RRR (145,135) - State Curbside Collection Revenue (107,178) N.A (107,178) Total Other Adjustments (306,830) 40,724
Other Post December 31, 2014 Rate Reserve Activity

0.50% Franchise Fee funded by Prepaid Rate Reserve Credit - N/A - Other Total Rate Reserve Activity - - Total Calculated Costs 36,951,004 38,797,217
Across the Board Rate Adjustment Factor 5.00%
Insert actual fee for rate period
Tie to GWR Contract
Insert actual fee for rate period
This item is no longer applicable
This item is no longer applicable
Insert actual fee for rate period
Insert actual fee for rate period
Insert actual fee for rate period
Insert actual fee for rate period
Insert actual fee for rate period
Insert actual prior period cost

Example Calculation of the Rate Adjustment Factor and Adjusted Rate for Rate Period Eight Two Rate Adjustment Factor = $36,951,00429,333,3390,783/$38,797,217428,341,763 = 1.05035 35-gallon Single-Family Rate for Rate Period Eight Two = $32.7829.30 x 1.05035 = $34.4233.35, which shall be effective July 1, 202519.”
Exhibit I. Cost-Based Rate Adjustment Mechanism

29. Exhibit I, Subsection 3.C (Forecasting Total Calculated Costs – Forecasted Pass- Through Costs) of the Agreement is hereby amended to read as follows:
“Forecasted Pass-Through Costs. Pass-Through Costs for the coming Rate Period shall be forecasted in the following manner:

1. Forecasted Vehicle Maintenance and Repair Cost . Forecasted Vehicle Maintenance and Repair Cost = (Vehicle Maintenance and Repair Costs per Collection vehicle for the then -current Rate Period) x (1 + Annual Percentage Change in the Motor Vehicle Maintenance and Repair Index) x (total number of Collection vehicles in use for services under this Agreement).

2. Forecasted Transfer and Transport Cost. Forecasted Transfer and Transport cost = (Transfer and Transport Costs per Ton for the then- current Rate Period) x (1 + Annual Percentage Change in the CPI-U) x (total Tons of Discarded Materials Collected for the most -recently completed 12- month period).

3. Forecasted Mixed Recyclables Transfer Cost. Forecasted Mixed Recyclable s Transfer cost = (Mixed Recyclables Transfer Costs per Ton for the then- current Rate Period) x (1 + Annual Percentage Change in the CPI-U) x (total Tons of Mixed Recyclable Materials Collected for the most- recently completed 12-month period).

4. Forecasted Mixed Recyclables Transport Cost. Forecasted Mixed Recyclables Transport cost = (Mixed Recyclables Transport Costs per Ton for the then- current Rate Period) x (1 + Annual Percentage Change in the CPI-U) x (total Tons of Mixed Recyclable Materials Collected for the most- recently completed 12-month period).

5.3. Forecasted Disposal Cost . The average of the Disposal Cost per Ton (which includes per -Ton Disposal fees, per-Ton environmental fees, and per-Ton government fees) for the then-current Rate Period and the Disposal Cost per Ton for the coming Rate Period is multiplied by the total Tons of Solid Waste Disposed in the most-recently completed 12-month period.

6.4. Forecasted Net Mixed Recyclables Processing Cost. Forecasted Net Mixed Recyclables Processing cost = ( Net Mixed Recyclables Processing Costs per Ton provided by the Approved Recyclable Materials Processing Site (GreenWaste Recovery, LLC) for the coming then-current Rate Period) x (1 + Annual Percentage Change in the CPI -U) x (total Tons of Recyclable Materials Collected for the most-recently completed 12-month period).

7.5. Forecasted Net Organic Materials Processing Cost. Forecasted Net Organic Materials Processing cost = (Net Organic Materials Processing cost per Ton for the then-current Rate Period) x (1 + Annual Percentage Change in the CPI-U) x (total Tons of Organic Materials Collected for the most-recently completed 12-month period).

8.5. Forecasted Commercial Organic Materials Processing Cost. Forecasted Commercial Organic Materials Processing c ost = ( Commercial Organic Materials Processing cost per Ton for the then- current Rate Period) x (1 + Annual Percentage Change in the CPI -U) x (total Tons of Commercial Organic Materials Collected for the most-recently completed 12-month period).

96. Forecasted Net Construction and Demolition Debris Processing Cost . Forecasted Net Construction and Demolition Debris Processing cost = (Net Construction and Demolition Debris Processing cost per Ton for the then- current Rate Period) x (1 + Annual Percentage Change in the CPI-U) x (total Tons of Construction and Demolition Debris Collected for the most -recently completed 12-month period).
107. Interest Expense. Interest Expense is $593,723 for Rate Period Seven. 118. Lease Costs. Lease Costs for Rate Period Seven will be determined by (i) multiplying the allowed Lease costs for most-recently completed Rate Period by one plus the Annual Percentage Change in CPI-U, and (ii) multiplying the result of step one by 1 plus the Annual Percentage Change in CPI-U. 129. Landfill Maintenance and Closure Costs. Landfill Maintenance and Closure Costs for Rate Period 7 shall mean the amount to which Contractor is entitled for Rate Period Six pursuant to the terms of the “Agreement Approving an Expenditure of Funds to Close Former Landfill between the City and the Contractor” dated October 7, 1986, as amended, and attached as Exhibit O. 130. Total Forecasted Pass-Through Costs. Total Forecasted Pass-Through Costs for the coming Rate Period are the sum of the amounts in subsections C.1 through C.129 above.” Exhibit P. Contamination Minimization Protocol

30. The Agreement is hereby amended to add Exhibit P to read as follows:
“Contamination Monitoring:

In addition to Contamination monitoring pursuant to Section 5.24 of the Agreement, Contractor’s Recycling Coordinators will conduct Container inspections based on observations reported by drivers or the outreach team. These inspections will not occur on a weekly basis or for every Container, but as needed in response to identified issues. Drivers may also document contamination during routine service or when emptying Containers.

A. At each inspection location, all three (3) Containers will be reviewed to ensure proper material separation.

B. If the staff member identifies that Prohibited Container Contaminants have been placed in the Solid Waste, Organic Materials or Recyclable Materials Containers, a “Non- Collection” notice will be affixed to the Container, in accordance with Section 5.14.8 of the Agreement, and Contractor will proceed as described below in the Contamination Notification Section, which describes the contamination procedures.

C. Notes from each contamination event will be recorded and entered into the Customer’s account.

Before the next Collection Day, Contractor shall provide a follow-up phone call and/or email to the Customer explaining the issue with instructions on how to correct the contamination.

Contamination Notification:

Upon the first observed instance of contamination, a “Non-Collection” notice will be affixed to the affected Container, and the Container will not be serviced unless the contamination is deemed minimal by the driver.

Minimal contamination shall be considered less than fifteen percent (15%) of materials placed inside a Container. In such cases, the Container may be Collected at the driver’s discretion, with no additional charge to the Customer. If the contamination is excessive, the Customer will be provided the opportunity to correct the contamination and the Container will be serviced on the following Collection Day. If the Customer requests that Contractor to Collect the Container ahead of their next Collection Day, the Customer will be charged a go -back fee to service the C ontainer. Should the Customer request to not correct the contamination, PGS will charge the Customer the equivalent Solid Waste Rate for the Container size, and a go-back fee if the Customer requests that the Container is Collected ahead of the next Collection Day.

Following this first incident, a Recycling Coordinator will initiate a reinspection on the Customer’s next scheduled Collection Day. The incident will be documented in the C ustomer account, and the C ustomer will receive a follow-up phone call or email with instructions on how to correct the issue.

If a second instance of contamination is identified within the same six- (6-) month period following the first instance of contamination, the Container will receive a second “Non-Collection” notice and the Customer will be provided with the opportunity to correct the contamination again. Once corrected, the Container will be serviced on the following Collection Day. If the Customer requests that Contractor to Collect the Container ahead of their next Collection Day, the Customer will be charged a go -back fee to service the Container. Should the Customer request to not correct the contamination, PGS will charge the Customer the equivalent Solid Waste Rate for the Container size, and a go-back fee if the Customer requests that the Container is Collected ahead of the next Collection Day. In addition to the notice, the Customer will be issued a formal template written letter , on City letterhead, detailing the repeated contamination and outlining required corrective measures. This communication serves as a reminder of the program requirements.

Continued monitoring will be conducted by Contractor’s Recycling Coordinators for accounts with previous contamination. Repeated contamination beyond the second instance may result in additional corrective actions, as agreed upon by the City.”

31. This First Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E- Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal.

Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed t o have been duly and validly delivered and be valid and effective for all purposes.

32. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

In witness whereof, authorized representatives of the Parties have executed this First Amendment to the Agreement as of the date written above.

CITY OF PLEASANTON CONTRACTOR

_____________________________ By: _______________________________ Gerry Beaudin, City Manager Signature

_______________________________
Print name

Title: ________________________
ATTEST:

_____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

By: _______________________________
____________________________ Signature
Daniel G. Sodergren, City Attorney

_______________________________
Print name

Title: _______________________________

Item #23.a

CITY COUNCIL AGENDA REPORT

July 15, 2025
Human Resources

TITLE: INTRODUCTION OF A PROPOSED MEMORANDUM OF UNDERSTANDING

BETWEEN THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT

POWERS AUTHORITY AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 1974 BATTALION CHIEF’S UNIT WITH TERM ENDING JUNE 30, 2028

SUMMARY
The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chiefs (IAFF-BC) expired on June 30, 2025. Representatives from IAFF- BC and the cities of Pleasanton and Livermore met and conferred in good faith and have agreed on terms for a successor agreement. The City’s practice is to introduce the key elements of the proposed MOU, receive input from the public and allow for open discussion prior to adopting the agreement at the next public meeting.

RECOMMENDATION
It is recommended that the City Council obtain public input and provide comments regarding the key elements of the tentative agreement negotiated between the International Association of Firefighters, Local 1974 Battalion Chiefs (IAFF-BC) and the Livermore-Pleasanton Fire Department Joint Powers Authority. This matter will be included on the agenda for the August 19, 2025, meeting for approval.

BACKGROUND
The International Association of Firefighters, Local 1974 Battalion Chiefs Unit (IAFF-BC) represents seven employees. The recently expired Memorandum of Understanding (MOU) covered the period July 1, 2022, through June 30, 2025. In accordance with the agreement between Livermore and Pleasanton creating the Livermore-Pleasanton Fire Department (LPFD), the Joint Powers Authority (JPA) Board and the City Councils of Livermore and Pleasanton are the appropriate agencies to approve labor agreements with employees covered by this bargaining unit.

On April 29, 2025, representatives of the partner cities and representatives of IAFF-BC began the meet-and-confer process regarding terms and conditions of employment to endeavor to reach an agreement on a successor MOU. The parties met five (5) times on the terms and developed a proposed initial agreement with a term ending June 30, 2028.

DISCUSSION
In accordance with the Meyers-Milias-Brown Act, the parties are required to meet and confer in good faith over items covered within the scope of representation, including wages, hours, and other terms and conditions of employment. The significant outcomes of the negotiations include:

1. Term of Agreement: The term of the proposed three-year agreement is effective as of July 1, 2025, with an expiration date of June 30, 2028.

2. General Wage Increases:
a. July 1, 2025: 0%
b. July 1, 2026: 3%
c. July 1, 2027: 3%

3. Administrative Leave: Effective January 1, 2026, administrative leave will be reduced from 80 hours to 40 hours per calendar year. Effective January 1, 2027, administrative leave pay will cease.

4. Shift Management Pay: Effective the first full pay period following July 1, 2027, shift management pay shall increase from 7.5% to 8% for Battalion Chiefs assigned to a 56- hour shift schedule.

3. Increase Battalion Chief Coverage Stipend:
a. Effective the first full pay period after July 1, 2025, increase the Battalion Chief Coverage stipend from $86 per hour to $89 per hour.
b. Effective first full pay period after July 1, 2026, increase the Battalion Chief Coverage stipend from $89/per hour to $92/per hour.
c. Effective first full pay period after July 1, 2027, increase the Battalion Chief Coverage stipend from $92/per hour to $95/per hour.

Battalion Chief Coverage stipend pay is available when providing shift coverage for the 24- hour Battalion Chief in their absence, when performing out-of-class work, or, when approved by the Fire Chief and/or designee, when assigned to participate in off-duty events greater than three (3) hours in a single day to conduct business outside their normal management roles and responsibilities.

4. Out-of-class Work: The City and IAFF have agreed to allow Battalion Chiefs to fill vacancies in the rank of Fire Captain to assist in preventing mandatory shift fill, provided all vacancies in the Battalion Chief position have been filled.

5. Uniform Allowance: Annual uniform allowance will increase from $1,000 to $1,200; Class B shirts annual replacement on a one-for-one basis.

6. Retiree Health Savings: The City will increase its contribution from $75 per month to $150 per month for eligible Battalion Chiefs.

EQUITY AND SUSTAINABILITY
This is a routine matter of City business.

OUTREACH
This City Council agenda item provides an opportunity to receive public input and comments regarding the key elements of the tentative agreement discussed herein.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide strategic goal of Optimizing Our Organization:

Organizational Effectiveness by continuously improving the organization’s ability to deliver quality services to the public by supporting our employees’ professional development, hiring top talent, and encouraging innovation in how we work.

FISCAL IMPACT
The financial impact on the LPFD budget as a result of implementing the MOU is approximately $231,000 through June 2028. This cost is shared between Livermore and Pleasanton. The portion of Pleasanton’s obligation for the term of the agreement is approximately $115,500 over the three-year contract period. The LPFD budget will be adjusted to reflect the increase in cost for FY 2025/26 and FY 2026/27 after the MOU has been executed.

Prepared and Submitted by: Approved by:

Xaviera Scoggins, Director
of Human Resources &
Labor Relations
Gerry Beaudin, City
Manager

Attachments:

1. Proposed IAFF 1974 Battalion Chief's Unit MOU with track changes

2. Presentation

Livermore-Pleasanton Fire Department Joint Powers
Authority
and
The International Association of Fire Fighters, Local 1974 Battalion Chief’s Unit, AFL-CIO-CLC

MEMORANDUM
OF

UNDERSTANDING
September July 1, 2022 2025 – JUNE 30, 20252028
ATTACHMENT 1

ii
Table of Contents
Section 1. Recognition .................................................................................................................................................... 3 Section 2. Union Security ............................................................................................................................................... 3 Section 3. No Discrimination ......................................................................................................................................... 6 Section 4. Union Representatives .................................................................................................................................. 6 Section 5. Salaries ........................................................................................................................................................... 6 Section 6. Hours of Work, Shift & Station Assignments ............................................................................................. 9 Section 7. Holiday Pay .................................................................................................................................................. 10 Section 8. Documentation Regarding Organized Mess ............................................................................................. 11 Section 9. Vacations ...................................................................................................................................................... 12 Section 10. Sick Leave .................................................................................................................................................... 15 Section 11. Leaves ........................................................................................................................................................... 18 Section 12. Health and Welfare ..................................................................................................................................... 20 Section 13. Retirement ................................................................................................................................................... 25 Section 14. Uniforms ...................................................................................................................................................... 26 Section 15. Credit Union ................................................................................................................................................ 27 Section 16. Probationary Period .................................................................................................................................... 27 Section 17. Promotion, Demotion, and Long-Term Acting Assignments .................................................................. 27 Section 18. Resignation, Reinstatement and Layoff .................................................................................................... 28 Section 19. Discipline ...................................................................................................................................................... 29 Section 20. Grievances .................................................................................................................................................... 29 Section 21. Medical Examination .................................................................................................................................. 32 Section 22. Outside Employment .................................................................................................................................. 32 Section 23. Disability Accommodations ........................................................................................................................ 33 Section 24. Miscellaneous ............................................................................................................................................... 33 Section 25. Bargaining Waiver and Separability of Provisions .................................................................................. 35 Section 26. Existing Memorandum of Understanding................................................................................................. 36

Appendix A
Salary Schedules ......................................................................................................................................................... 35 Appendix B
Catastrophic Leave Policy .......................................................................................................................................... 36 Appendix C
Substance Testing Policy ............................................................................................................................................ 37 Appendix D
Battalion Chiefs Performance Evaluation Form ..................................................................................................... 50 Appendix E
Battalion Chiefs Staffing Policy ................................................................................................................................ 71

3 The City of Livermore and the City of Pleasanton have jointly formed the Livermore-Pleasanton Fire Department Joint Powers Authority (“JPA”) to operate the Livermore -Pleasanton Fire Department (“LPFD” or “Department”) . The International Association of Fire Fighters, Local 1974, Battalion Chiefs Unit, AFL-CIO-CLC (“Union”), and representatives of the City of Livermore and the City of Pleasanton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in the representation unit specified in Section 1, and have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (“MOU”) is entered into pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Government Code Section 3500, et. seq.) and has been jointly prepared by the parties.

This MOU has been presented to the JPA’s governing board and to the City Councils of the City of Livermore and the City of Pleasanton. The governing board and the City Councils have approved the salary and employee benefit adjustments for the period commencing September July 1, 2022 2025 and ending on June 30 20252028.

The City of Pleasanton (“City” or “Employer”) is the employer of all employees represented by the Union and covered by this MOU. “Employees” as used in this MOU shall mean employees of the City.

Section 1. Recognition
"The Union" is the formally recognized employee organization for the Battalion Chief’s Unit comprised of the classification of Battalion Chief certified pursuant to the Employer-Employee Relations Procedures & Resolution No. 97-1 adopted by the JPA on November 21, 1997.

Section 2. Union Security

2.1 Dues Deduction
A. Bargaining unit employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively “dues deductions”). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions.

The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.

B. The Employer agrees to deduct from the paychecks of each bargaining unit employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the Employer by either the Union or the employee. The City shall deduct from each bargaining unit employee’s paycheck the total amount of dues certified by the Union per month or per pay period as applicable. The Employer shall promptly remit the total amount deducted, together with a list identifying each e mployee from whom a deduction was made, to the officer designated in writing by the President of the Union as the person authorized to receive such funds.

The Employer will implement any change to a bargaining unit employee’s payroll deduction during the first full pay period following notification of such change by the Union.

4 If a bargaining unit employees desires to revoke, cancel or change their prior dues deduction authorization, the Employer shall direct the employee to the Union. Any such dues deduction revocation, cancellation and/or change shall be effective only when submitted by the Union to the Employer and is subject to the terms and conditions set forth in the original payroll deduction/authorization.

C. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check -off authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. Thus, all other legal and re quired deductions have priority over union dues. In addition, in order to meet certain accounting deadlines, all payroll changes connected with the deduction of union dues must be made by the fifteenth (15) of the preceding month.

D. The Union shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits, proceedings or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the Livermore -Pleasanton Fire Department for the purpose of complying with any of t he provisions of this check -off agreement. In addition, the Union shall refund to the Livermore-Pleasanton Fire Department any amounts paid to it in error upon presentation of supporting evidence. However, the Union shall not be required to make reimbursements should discovery of the error occur twenty -four (24) months after the occurrence of the error.

2.2 Communication with Employees
A. New Employee Orientation Meetings
This provision applies to all new employees hired into the Battalion Chief’s Unit and is intended to comply with the provisions of AB119.

1. The City will provide the Union with not less than ten (10) calendar days’ advance written notice of the time, date and location of all new employee orientation meetings, unless an urgent and unforeseeable need for a new employee orientation meeting precludes the City from providing the Union with ten (10) calendar days’ advance notice. Notice will be made by way of email to the Union President and Vice President.

2. The Union will be given up to thirty (30) minutes as part of the new employee orientation meetings to present Union membership information to new employees of the Fire Employees Unit.

3. The Union representatives who will present information at the new employee orientation meetings may do so while on duty and in uniform, provided the Union notifies the Fire Chief of the names of the employees who will be presenting information on behalf of the Union at the new employee orientation meeting with at least five (5) days advance notice and the Fire Chief has agreed that the employees’ participation will not create an unreasonable burden on operations.

4. The above provisions shall in no way impact or delay the hire of any employee.

B. Information Requirements

5 1. The City will provide the Union with a digital file via email to the Union President and Vice President containing the following information for each employee in the Battalion Chief’s Unit to the extent the Department has the information on file:
• Name
• Job title
• Work location
• Personal telephone number (may be home or cellular as provided by the employee) • Home address
• Personal email addresses on file with the Department (new hires only)

2. The above information will be provided to the Union as follows:
• For new hires, within 30 days of hire or by the first pay period of the month following hire.
• For all bargaining unit employees every one hundred twenty (120) calendar days.

C. Facilities Visits
Any Union representative shall give notice to the Fire Chief when visiting employees at their assigned fire stations and fire administration during the employee’s duty period , provided that solicitation for membership or other internal employee organization business shall be conducted only during the off -duty hours of all employees concerned. The Fire Chief and the Union may enter into a standing agreement for routine contact between Union representatives and on-duty employees and such agreement shall continue until revoked.

2.3 Bulletin Boards
The Department shall provide suitable space for bulletin boards in the fire stations. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.

2.4 Use of Department Facilities for Meetings
A. The Union President may, with the prior approval of the Fire Chief or designated representative, be granted the use of Department facilities and/or communications equipment for meetings of employees in this unit provided that:

1. Requests are made in advance.

2. Such meetings do not conflict with other Department activities.

3. Attendance of on-duty employees at such meetings may occur only after 1700 hours, unless other arrangements have been authorized in advance by the Fire Chief and only when it does not prevent the performance of required work.

4. Such meetings do not involve excessive or unnecessary station transfers or result in financial responsibility for the Department.

6 B. Regularly Scheduled Membership Meetings.

1. Union meetings may be held in fire stations after 1700 hours unless other arrangements have been authorized in advance by the Fire Chief.

2. Union meetings shall not interfere with regularly scheduled duties or emergency response. Fire prevention personnel may attend union meetings during their regular work hours provided they are otherwise able to complete their duties.

3. On-duty members may attend Union meetings as long as no first -due districts are left empty or by approval of the Fire Chief.

C. Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation relating to matters within the scope of representation and shall be given the opportunity to meet and confer in good faith with the appropriate management representatives prior to adoption.

The Department will provide the Union with reasonable written notice and the opportunity to meet and confer in good faith regarding the addition to or changes in Personnel Rules and Regulations, other policies, or departmental policies when such changes are within the scope of bargaining pursuant to the MMBA.

Section 3. No Discrimination
The Employer and the Union shall comply with the City of Pleasanton’s Harassment, Discrimination, and Retaliation Policy (Human Resources & Administrative Policy Guide).

Furthermore, the Employer shall not discriminate or retaliate against any employee because of their engagement in legally protected Union activities.

Section 4. Union Representatives
Bargaining unit employees who are officers or official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representatio n are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of department services as determined by the Department. Such employee representatives shall submit requests for excused absences to the Fire Chief. The Union shall submit a list of the officers of the Union to the Fire Chief in writing at such time there are any changes in such Union officers.

Section 5. Salaries

5.1 Salary Ranges and Salary Increases for Contract Term Salary ranges have been established for Battalion Chiefs. For all current Battalion Chiefs at the time of the effective date of MOU, movement through the range will be five percent (5%) based on an annual performance review rating of at least “meets expectations” by the Fire Chief on July 1 each year and up to an additional two percent (2%) based on recommendation of Fire Chief and approval by the City Manager. For all Battalion Chief’s promoted after the effective date of the MOU, movement through the range will be five percent (5%) based on an annual performance review rating of at least “meets expectations” by the Fire Chief and up to an additional two percent (2%) based on

7 recommendation of Fire Chief and approval by City Manager on their anniversary date of their promotion. Once the Battalion Chief has reached the top of the salary range, no further increases are available.

During the term of the MOU, the Fire Chief and City Manager will not provide an additional 2% salary increase based on an annual performance review.
*Effective upon Council
Approval
Yearly Salary Range Monthly Salary Range
Salary Range $178,315 $216,406 $14,859.58 $18,033.83

5.2 Cost of Living Increases (COLA) During Contract Term 2023: Effective June 10, 2023, Battalion Chiefs will receive a cost-of-living increase of three percent (3%) of their base pay.
20242026: Effective the first full pay period after July 1, 2026 (July 4, 2026) January 6, 2024, Battalion Chiefs will receive a cost-of-living increase of three percent (3%) of their base pay. The Battalion Chief’s salary range will be adjusted accordingly. 2027: Effective the first full pay period after July 1, 2027 (July 3, 2027)January 4, 2025, Battalion Chiefs will receive a cost-of-living increase of one three percent (13%) of their base pay. The Battalion Chief’s salary range will be adjusted accordingly.

5.3 Acting Pay – Deputy Fire Chief / Fire Chief
At the discretion of the Fire Chief or the City Manager, Battalion Chiefs may be assigned in an acting or interim basis to the rank of Deputy Fire Chief or Fire Chief. When an employee is assigned and serving in the rank of Deputy Fire Chief or Fire Chief, that employee’s acting rate of pay shall be at least 5% above the Battalion Chief’s current pay rate beginning the first day of the acting assignment.

5.4 Salary Step After Change in Classification
When a Battalion Chief is promoted to a Deputy Chief or any other position in a higher classification, the employee shall receive the minimum rate for the higher classification; provided, however, that such rate is at least five percent (5%) above the employee’s current wage rate.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted. The specific rate of pay within the salary range shall be determined by the City Manager, whose decision shall be final; provided, however, that the employee’s rate of pay shall not be lower than the salary rate the employee would earn had the employee remained in the lower classification.

5.5 Shift Management Compensation Pay
Battalion Chiefs assigned to a 56-shift schedule shall be compensated in the amount equal to 7.5% of the Battalion Chief current base rate of pay paid biweekly.

8 Effective the first full pay period after July 1, 2027 (July 3, 2027), Battalion Chiefs assigned to a 56- shift schedule shall be compensated in the amount equal to 8% of the Battalion Chief current base rate of pay paid biweekly.

Shift Management Compensation covers time spent conducting normal management and/or administrative business when not on shift; for example, participating in command staff meetings, labor management meetings, BC meetings, shift management preparation, and e nd of shift hold over to complete turn over, reports, and paperwork, etc.

The Fire Chief, and/or designee, may approve additional compensation for the entire time spent, paid at the rate of the Battalion Chief coverage stipend under Section 5.8, when assigned to participate in off-duty events greater than three (3) hours in a single day, to conduct business outside their normal management roles and responsibilities; for example, instructing training classes, or serving as assessment panelists for other agencies, etc.

5.6 Training Premium Pay
Battalion Chiefs assigned to a 40-hour workweek as the Training Chief shall be compensated in the amount equal to 25% of the base rate of the Battalion Chief in Appendix A and are eligible to observe annual holidays as listed in Section 7 of the MOU.

5.7 Reimbursable Incidents & Training
A Battalion Chief or Acting Battalion Chief who is either assigned to a reimbursable incident/training or is providing coverage for someone that has been assigned to a reimbursable incident/training shall be compensated at one and one -half (1 ½) times the employee’s 24 -hour rate of pay in 15-minute increments.

5.8 Battalion Chief Coverage Stipend
Effective the pay period after the MOU is approved by the Pleasanton and Livermore City Council’s in open session, Battalion Chiefs shall receive compensation of $83 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective January 6, 2024, Battalion Chiefs shall receive compensation of $85 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective January 4, 2025, Battalion Chiefs shall receive compensation of $86 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective the first full pay period following July 1, 2025 (July 5, 2025), Battalion Chiefs shall receive compensation of $89 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective the first full pay period following July 1, 2026 (July 4, 2026), Battalion Chiefs shall receive compensation of $92 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

9 Effective the first full pay period following July 1, 2027 (July 3, 2027), Battalion Chiefs shall receive compensation of $95 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

5.9 Out of Class Work
The City and the Union have agreed to a one (1) year trial period that allows Battalion Chiefs, who have indicated their availability, to may fill vacancies in the rank of Fire Captain to assist in preventing or minimizing mandatory shift fill, provided all vacancies in the Battalion Chief position have been filled.

Deputy Chiefs, who have indicated availability, may fill vacancies in the rank of Battalion Chief to assist in preventing or minimizing mandatory shift fill, provided all vacancies in the Deputy Chief position have been filled.

When working in the rank of Captain, Battalion Chiefs will receive stipend pay as provided in Section

5.8. At the end of the one (1) year trial, the out of class program for the Battalion Chiefs to work down as Captains ends unless the trial period is mutually agreed to be extended by the Fire Chief and the Union.

Battalion Chiefs must indicate their availability as defined in the Staffing Policy.

No Battalion Chief may work out of class when a mandatory assignment exists in their perspective rank.

The Fire Chief and the Union maintain the ability to re-implement Out of Class Work, through mutual agreement, during the term of the contract based on department need.

5.10 Administrative Leave Pay for 2022
Effective the first full pay period after Council approves the MOU, Battalion Chiefs will receive a one- time payment equal to 24 hours of base pay at their rate of pay in December 2022.

5.11 One-time Payment
Effective the first full pay period after Council approves the MOU, Battalion Chiefs will receive a one- time payment equal to $4,000.

Section 6. Hours of Work, Shift & Station Assignments

6.1 Exchanges of On-Duty Time (Shift Trades)
Trades of on -duty time shall only be permitted between employees that possess the necessary qualifications to perform the assignment with the approval of the Fire Chief or designee. Trades shall not be permitted to substitute for, extend, or supplement sick leave, long -term disability or worker’s compensation leave unless approved by the Fire Chief. The employees involved in the trade shall make arrangements for the pay back of time.

Employees who owe time to other employees following a promotion may work in their former position in order to repay the previously traded time, i.e., an Battalion Chief may work as a Captain from which the employee was promoted. Employees must resolve owed trades within ninety (90) calendar days from the date of promotion.

10 Employees are not considered on the payroll or working additional hours under the Fair Labor Standards Act while on -duty and working their half of the trade. However, if the employee who assumes responsibility for working a trade fails to work the traded o n-duty time, the originally scheduled employee will be charged vacation time equivalent to the time missed.

Trades can be cancelled at any time. However, the Fire Chief or their designee must be notified if a trade is cancelled less than six (6) days prior to the shift. Employees may cancel a maximum of six (6) trades per calendar year with less than six (6) days’ advance notice.

6.2 Battalion Chief Assignments
Assignments to a specific battalion, shift and/or station shall be made through the bid system. Bids shall occur in descending order by rank seniority. Bid assignments will occur every other year, in the month of December starting in December 2023 . In the event no Battalion Chiefs bid the 40 -hour Battalion Chief assignment, the Fire Chief, and/or designee, will make the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year.

Approved bids and subsequent moves will take effect in January and will remain effective for two (2) years.

In the event an opening occurs during the two-year term, Battalion Chiefs may submit a request for re- assignment, but the Fire Chief and/or designee retains the right to fill the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year or based on seniority.

The Fire Chief, and/or designee, has the discretion to administratively reassign personnel for up to four (4) months per assignment to meet Department needs. This shall not apply to probationary employees or assignments not resulting in the displacement o f another employee. Transfer for purposes of punishment shall be done in accordance with Section 19 - Discipline.

A “Mutual” is an agreement between two individuals of the same rank to trade Station and/or shift assignments for a specific period of time. Mutuals are not permanent. Mutuals can be between individuals on the same shift or on different shifts. The individuals involved may set the time frame of the “Mutual”, however, no mutual shall exceed twelve (12) months from the initial date. At the end of the twelve months both individuals will return to their original assignments. Both individuals must physically be able to meet their assigned Station requirements, i.e., if one of the individuals is unable to return to work within the first one -year period due to any reason, the “Mutual” is considered null and void. Individuals must be qualified for the position of the person with whom they are requesting the “Mutual”.

Personnel may submit a request for a mutual, in writing, to the Fire Chief, and/or designee. Requests will be evaluated and approved on a case-by-case basis, based on department need.

Section 7. Holiday Pay

7.1 Holiday In Lieu
Battalion Chiefs assigned to a 56-hour work schedule are eligible to receive holiday-in lieu pay at the rate of 7.5% of the base salary. Holiday-in-lieu pay shall be paid on a biweekly basis. Battalion Chiefs shall receive holiday in lieu pay without regard for when holidays occur or whether such employ ees actually work on recognized holidays. Holiday in lieu pay will be reported as special compensation

11 within the meaning of Section 20636 of the California Government Code and Section 571(a)(5) of the CalPERS regulations and/or as defined pensionable compensation pursuant to the California Government Code and the CalPERS regulations as amended.

7.2 Observed Holidays

The following holidays are observed for the Battalion Chief’s unit. Battalion Chiefs who work a 40 hour per week schedule are permitted to be off work on observed holidays without the loss of pay and do not qualify for the holiday in lieu pay provided per Section 9.1 of this MOU.

1. New Year's Day

2. Martin Luther King, Jr. Day (third Monday of January)

3. President’s Day (third Monday of February)

4. Memorial Day (last Monday of May)

5. Independence Day

6. Labor Day (first Monday of September)

7. Veterans' Day

8. Thanksgiving Day

9. Day following Thanksgiving

10. Christmas Eve Day

11. Christmas Day

7.3 Floating Holiday

Represented employees working a 40-hour schedule shall be credited with seven floating holidays (56 hours) on January 1 of each year. Employees hired January 1 through June 30 shall be credited with seven floating holidays (56 hours) upon hire. New employees hired July 1 through December 31 shall be credited with three floating holidays (24 hours) upon hire.

Employees will need to use all Floating Holiday hours by the last payroll period for the calendar year (instead of December 31) otherwise they will be lost. Battalion Chiefs will be provided and may use the next calendar year’s allotment of Floating Holiday hours in the same payroll period.

Section 8. Documentation Regarding Organized Mess
In order that all members of each fire company are available at all times to respond to emergencies as quickly and efficiently as possible, and in order to provide for harmony and fellowship among the members of fire companies, there shall be a common organized mess at each fire station to which all bargaining unit employees assigned to that station shall be required to contribute on a daily basis. The Captain on each shift at each station shall normally make all assignments as to the duties to be performed by those employees in regard to the common mess. The Employer shall not be responsible for financially supporting or otherwise paying the cost of any on duty meal. Employees may be

12 exempted from the common mess only for valid medical or religious reasons that have been verified to the City’s satisfaction.

This provision is intended to satisfy Internal Revenue Service requirements as to the existence of a requirement that employees contribute to an organized mess.

Section 9. Vacations

9.1 Vacation Eligibility

All employees accrue paid vacation leave from their date of hire and may begin using accrued paid vacation leave after six (6) months of continuous service with the Department.

I. Vacation Accrual

A. Employees assigned to a fifty-six (56) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate
First through fourth year 12 hours
Fifth through ninth year 16 hours
Tenth through twelfth year 20 hours
Thirteenth through fifteenth year 22 hours
Sixteenth year and above 24 hours
B. Employees assigned to a forty (40) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate
First through fourth year 8.57 hours
Fifth through ninth year 11.43 hours
Tenth through twelfth year 14.29 hours
Thirteenth through fifteenth year 15.71 hours
Sixteenth year and above 17.14 hours
Accrued vacation leave shall be credited to each employee’s account biweekly.

9.2 Vacation Accumulation
Eligible employees may accumulate and maintain up to a maximum of four hundred thirty -two (432) hours of accrued vacation leave.

Employees are not allowed to accrue vacation hours above the cap. At any time an employee reaches the four hundred thirty-two (432) hour cap, the employee will cease accruing additional vacation leave

13 until such time as the balance falls below the cap. However, in the event an employee has requested to take vacation but been denied or otherwise prevented from using vacation leave due to extenuating circumstances, the employee may submit a written request to the City Manager, or designee, for special consideration to carry over vacation balances beyond four hundred thirty-two (432) hours.

9.3 Vacation Scheduling and Use
All scheduled use of vacation shall be approved in advance by the Fire Chief and/or designee.

Annual Vacation Scheduling:

A. During January of each year, and no later than February 1, employees shall be granted an opportunity to request Annual Vacation Picks (AVP) time in order of department seniority. The January selections shall be for the period from February 1 to January 31 of the following year. Each employee in turn will have an initial choice of vacation. Vacation selections can be for as many shifts/hours as the employee desires, not to exceed the total number of vacation leave hours the employee will have accrued by the date of the requested vacation, provided the vacation shift/hours are taken consecutively. Once the most senior employee makes an initial vacation selection, the next most senior employee will make an initial selection of vacation shifts/hours. This process shall continue until all employees have an opportunity to make an initial selection of vacation. After all employees make their initial selections, second-choice vacation selections will occur. Second-choice vacation selections will be done in the same manner as the first-choice selections. After the second-choice vacation selections are completed, the third-choice selections can begin and so on until no one wishes to choose any more vacation time.

B. Only 1 Shift Battalion Chief may request annual vacation each day.

C. Battalion Chiefs will coordinate among themselves to complete the selection process.

D. Battalion Chief’s assigned to 24-hour shifts schedules must use vacation leave in increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours.

E. If two (2) or more employees from the same employing agency have the same employment date, seniority will be determined by placement on the employment list.

If two (2) or more employees from different hiring agencies have the same employment date, seniority will be determined by drawing from a hat.

F. Battalion Chief’s assigned to a 40-hour work week may select their Annual Vacation Picks in accordance with the timeline outlined above. Battalion Chiefs assigned to a 40-hour work week may take vacation in increments consistent with their regular work period.

G. No employee may request vacation for 4th of July, Thanksgiving, Christmas Eve, or Christmas Day.

NOTE: Refer to Holiday Staffing for non-annual vacation holiday requests.

14 H. All approved Annual Vacation Picks will be guaranteed, provided they have been requested in accordance with the procedures outlines in this section.

I. Once Annual Vacation Picks have been completed, they will be forwarded to the Fire Chief and/or their designee for review and approval.

J. Employees who are reassigned during the calendar year, will have previously approved vacation transferred to cover time off for the same date range prior to the reassignment.

K. In the event staffing requires revocation of approved vacation, Annual Vacation Picks will be the last to be revoked. (Refer to the Staffing Policy for additional information.)
Vacation Scheduling
A. All vacation requests and use require approval by the Fire Chief and/or designee.

This applies to both Shift Battalion Chiefs and 40-hour Battalion Chiefs.

B. Requests that may result in a mandatory assignment will not be an automatic disqualifier.

C. Battalion Chiefs assigned to 24-hour shift schedules must use vacation leave in increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours.

Employees may take less than twenty-four (24) or twelve (12) hours provided they find their own coverage. The Fire Chief, and/or designee may approve vacation requests in less than twelve (12) hour increments to accommodate employee enrollment in college or university courses. The courses or classes attended must be appropriate to employee development. The decision of the Fire Chief, and/or designee shall be final.

D. Battalion Chiefs assigned to a 40-hour work week may request vacation in one (1) hour increments.

E. Authorized emergency vacation may be allowed due to special circumstances and temporary assignments will be made to accommodate such a need.

F. The Fire Chief, and/or designee may permit non-probationary employees to use of up to fifty-six (56) hours of paid vacation leave in advance of accruing such hours to their vacation leave accounts. The use of such leave shall not be prescheduled or considered earned vacation for accrual purposes.

Holiday Staffing
A. Holidays will be staffed as follows:

July 4 – Filled on June 4
Thanksgiving – Filled on October 25

15 Christmas Eve & Christmas Day – Filled on November 25 (Christmas Day Fills 1st) B. Employees may request vacation on 4th of July, Thanksgiving, Christmas Eve, or Christmas Day, provided they find their own relief, and only after staffing has filled in accordance with the procedures outlined above.

C. Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 and January 5.

Vacation must be cancelled prior to the vacancy being filled during this same time period.

Annual Vacation | Vacation Cancellation
A. Employees may cancel previously scheduled vacation at any time by notifying the Department at least twenty-four (24) hours prior to the start of the shift. However, the Fire Chief and/or designee must also be notified whenever vacation is cancelled less than six (6) days prior to the shift.

EXCEPTION: See Holiday Staffing
B. Employees are allowed a maximum of six (6) vacation cancellations per calendar year with less than six (6) days’ advance notice.

9.5 4 Vacation Pay at Termination
All employees shall be paid for all vacation leave earned prior to the effective date of termination.

Such compensation shall be paid to employee s in one lump sum in a final check. Employees understand that if there is a deficit balance in their vacation leave accounts at termination, that deficit amount will be deducted from final compensation.

Employees may not use accumulated leave to end service prior to retirement or separation from the City, unless authorized by the City Manager.

9.65 Vacation Sell Back
Employees may request to sell back up to two hundred forty (240) hours of accrued vacation leave in each calendar year. Employees may sell back accrued vacation leave in one (1) hour increments with a minimum sell back of eight (8) hours on the first pay date in March, June, September and December of each year. Written requests for payment must be made by the employee fifteen (15) days in advance of the first pay date in March, June, September and December.

Section 10. Sick Leave

10.1 Sick Leave Accrual – 56 Hour Shift Employees
Battalion Chiefs assigned to a 56 -hour work schedule shall earn sick leave at the rate of eleven and two-tenths (11.2) hours for each month of service. Battalion Chiefs assigned to a 56 -hour work schedule may accumulate an unlimited number of sick leave hours subject to the following:
a. A maximum of 2,912 accumulated sick leave hours are available for use as paid time off at any given time in accordance with sections 10.3 and section 10.4 below.

16 b. Sick leave hours accrued in excess of 2,912 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for use as paid time off during employment.
c. Sick leave accrual will resume once the employee’s accumulated sick leave hours drop below the 2,912 maximum.
d. All unused accumulated sick leave hours and any accumulated hours over the 2,912 sick leave maximum will be converted to additional service credit at the time of retirement in accordance with Government Code section 20862.8 (CalPERS “Credit for Unused Sick Leave”).
e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section.

10.2 Sick Leave Accrual – 40 Hour Shift Employees
Battalion Chiefs assigned to a 40-hour work schedule shall earn sick leave at the rate of eight (8) hours for each month of service. Battalion Chiefs assigned to a 40 -hour work schedule may accumulate an unlimited number of sick leave hours subject to the following:
a. A maximum of 2,080 accumulated sick leave hours are available for use as paid time off in accordance with sections 10.3 and 10.4 below.
b. Sick leave hours accrued in excess of 2,080 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for us as paid time off during employment.
c. Sick leave accrual will resume once the employee’s accumulated sick leave hours drop below the 2,080 maximum.
d. All unused accumulated sick leave hours and any accumulated hours over the 2,080 sick leave maximum at the time of retirement in accordance with Government Code section 20862.8 (CalPERS “Credit for Unused Sick Leave”). e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section.

10.3 Sick Leave Usage
Employees may use accumulated sick leave in one (1) hour increments as follows:

A. For the employee’s own diagnosis, care, or treatment of an existing health condition or for the employee’s own preventative care, including routine medical and dental appointments.

B. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including routine medical and dental appointments. For purposes of this provision, “family member” includes: a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent, grandchild, or sibling or a designated person. A designated person is one identified by the employee at the time the

17 employee requests paid sick leave. The Department may limit the employee to one designated person per year. Employees assigned to a 56 -hour work schedule may utilize a maximum of one hundred forty-four (144) hours of accumulated sick leave per calendar year and employees assigned to a 40-hour work schedule may utilize a maximum of (96) hours of accumulated sick leave for this purpose.

C. Sick Leave may also be used to obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:

1. A temporary restraining order or restraining order.

2. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.

3. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.

4. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.

5. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.

6. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

10.4 Sick Leave Procedure
A. Employees are required to report the need for sick leave in accordance with Department policy.

Employees shall notify the scheduling system prior to the start of their scheduled duty shift when utilizing sick leave. The Fire Chief or designee may waive thi s requirement based on exigent or unique circumstances.

B. If an employee is on vacation and a permissible use of sick leave occurs while on vacation, the employee may report the need for sick leave in accordance with Department policy and request to be taken off vacation leave and be placed on sick leave for the hours the employee is eligible for sick leave as specified in Section 14.2 of this MOU.

C. The Fire Chief may request a physician’s certificate or a personal affidavit verifying an employee’s need for sick leave when there is evidence of excessive sick leave usages and/or a pattern of sick leave misuse, abuse or falsification (i.e., using sick l eave in conjunction with days off, vacation, holidays or otherwise).

D. Employees who are eligible for temporary disability payments may use accumulated sick leave in order to maintain their regular income; provided, however, the employee is allowed a credit towards sick leave to the extent that temporary disability payments a re retained by the Department.

E. Any purposed proposed changes to the Department’s current attendance management program shall be negotiated with the Union.

18 Section 11. Leaves

11.1 Leave of Absence
The City Managers may grant a full-time regular employee a leave of absence without pay for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized by the Department. No such leave shall be granted except in writing stating the reasons for the requested leave. Upon expiration of the leave the employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave to report to work promptly at its expiration or within a reasonable time after notice to return to duty, shall be cause for discipline. The Fire Chief may grant a full-time regular employee a leave of absence without pay for one (1) calendar week. During unpaid leave, an emplo yee shall not accrue vacation or sick leave benefits, nor shall said time be considered service time. Holiday in lieu payments for which an employee would otherwise be eligible shall be adjusted on a pro -rata basis to reflect an employee's leave time.

11.2 Jury Service Leave
Employees who are summoned for jury service in state or federal court shall receive their regular pay for all time they are necessarily absent from work in order to satisfy their jury service. The City may require proof of the time spent in such jury service as a condition of receiving the time off with pay and any monies received by the employee for their jury service shall be remitted to the City. Employees who are released from jury service and are not required to return for additional jury service the following day shall report directly to work to comple te the remainder of their shift or workday.

Employees who are required to serve as jurors shall not have their regular starting and ending work times changed as a result of jury service.

11.3 Leaves Resulting from Subpoena
A. Employees subpoenaed or called to appear as a witness in an administrative or legal proceeding about a work-related matter shall be granted time off with pay for all time necessarily spent in compliance of the subpoena or request to testify, including trav el time, waiting time and time spent testifying as a witness.

B. Employees subpoenaed or called to appear as a witness on behalf of the City or Department during their off-duty hours shall receive compensation as hours worked in accordance with Section 7 of this MOU for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

11.4 Military Leave
Military leave shall be granted in accordance with the provisions of law. All employees entitled to military leave shall give the Fire Chief an opportunity within the limits of military regulations to determine when such leave shall be taken and may modify the employee’s work schedule to accommodate the request for leave.

11.5 Family, Medical and Pregnancy Disability Leave
The City will abide by all federal and state family, medical and pregnancy disability leave laws.

19 11.6 Catastrophic Leave
The City will maintain a Catastrophic Leave Policy outlined in Appendix B to this MOU.

11.7 Bereavement Leave
Employees are entitled to paid leave from duty (including shift trade days) for up to two (2) shifts (48 hours) for 56-hour personnel and up to forty (40) hours for 40 -hour personnel, per death in order to attend the funeral or memorial service of an immediate family member and/or to assist with matters relating to the decedent’s estate. Employees may utilize other paid leaves (inclu ding sick leave) to extend bereavement leave when approved by the Fire Chief.

For purposed of this provision, immediate family shall be defined as: spouse, domestic partner, child, unborn child, foster child who resided with the employee at the time of his/hertheir death, stepchild, mother, father, stepmother, stepfather, mother -in-law, father -in-law, brother, stepbrother, sister, stepsister, brother -in-law, sister -in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

11.8 Union Leave Bank
A. Leave Donations
Effective the first full pay period in July of each year, active bargaining unit employee s may voluntarily elect to contribute to the Union Leave Bank by reducing their individual vacation accrual by six (6) hours for 56-hour personnel and four (4) hours of vacation accrual for 40 hour personnel. The contribution will be credited to the Union Leave Bank. If, at the end of any fiscal year, the Union Leave Bank has a balance of more than 1500 hours, the contribution of hours described above will not occur for that fiscal year.

Employees hired during the year will have no deduction until the following fiscal year’s leave bank transfer. Employees separating from employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank.

B. Usage of the Union Leave Bank
Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences when all of the following conditions are met:

1. The absence is for a union authorized event or purpose.

2. A Union official has provided prior written approval for the use of the Union Leave Bank to cover the absence.

3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and overtime rates to provide coverage for the absence.

4. The absence is approved in writing by shift Deputy Fire Chief.

The Deputy Fire Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence in accordance with the current practice for obtaining shift replacements.

However, nothing in this section shall supersede the Fire Chief’s duty to maintain management control over the Department to ensure adequate staffing for daily operations and emergency situations.

20 C. Payment for Union Leave
When bargaining unit employees receive the appropriate approval to be absent from their scheduled shift(s) for a union authorized event or purpose, payment to the employee(s) covering the open shifts(s) shall be made at the employee’s applicable regular or overtime rate on an hour-for-hour basis from the Union Leave Bank. Employees absent from work on union leave shall receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts for employees absent on union leave and employees absent on union leave shall code their time cards accordingly.

D. Indemnification

1. The City will administer the Union Leave Bank in the manner believed to be consistent with all applicable laws governing the taxation of the donated hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the Union and its members. As such, the Union will indemnify and defend the City against any tax claims that arise in whole or in part from its ad ministration of the Union Leave Bank, including reasonable attorney fees.

2. The City assumes no responsibility for how union time is utilized. Time spent on union leave is not considered work time for purpose of worker’s compensation or any other purpose. The Union will indemnify and defend the City against any claim that arises in whole or part from the activities of employees utilizing such leave, including reasonable attorney fees.

11.9. Administrative Leave
In recognition that Battalion Chief’s employees are required to work hours beyond their regular hours of work to fulfill their managerial responsibilities, each employee will receive 56 hours of administrative leave per year and may be credited up to a total of 80 hours of administrative time per year as recommended by the Fire Chief and approved by the City Manager.

In recognition that Battalion Chief’s employees are required to work hours beyond their regular hours of work to fulfill their managerial responsibilities, each employee received 56 hours of administrative leave on January 1, 2025.

Effective July 1, 2025, each employee will receive an additional 24 hours for calendar year 2025.

Effective January 1, 2026, each employee will receive 40 hours of administrative leave.

Effective January 1, 2027, Battalion Chiefs will no longer receive any administrative leave.

Administrative leave hours not used by the last payroll period of the calendar year will be cashed out.

Section 12. Health and Welfare

12.1 Medical Insurance - Active Employees
A. Contributions
All employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

21 1. $25 per month for employee only coverage, $25 per month for employee plus one coverage, or $50 per month for family coverage.

2. The difference between the family rate of the lowest cost HMO and the premium of the employee’s more expensive plan selection.

Contributions will be deducted from the employee’s paycheck on a pre -tax and bi - weekly basis.

B. Increases in Premiums
The City will pay for any increase in the medical plan premiums up to a maximum of 15% annually of the lowest cost HMO family rate. Any premium increase above 15% will be deducted from the employee’s paycheck on a pre-tax basis.

In the event that the medical premium increase is less than 15%, the City’s sole obligation is to pay the lower percentage increase.

C. Plan Co-Pays
The health maintenance organization (HMO) medical plans co-pays shall be ten dollars ($10) for office visits. The prescription drug co -pays shall be ten dollars ($10) for generic, fifteen dollars ($15) for brand and thirty -five dollars ($35) for non-formulary (the Kaiser HMO provides for a two -tier prescription drug plan). The Preferred Provider Organization (PPO) medical plan co -pays shall be fifteen dollars ($15) for office visits. The prescription drug co -pays shall be ten dollars ($10) for generic, twenty-five ($25) for brand and thirty-five dollars ($35) for non-formulary.

D. Changes to Plan Designs
The City reserves the right to make changes to the medical plan designs.

12.2 Retiree Medical Benefit Eligibility
Employees who retire from the City of Pleasanton under the California Public Employees Retirement System (“CalPERS”), Government Code Section 20000 et seq are eligible for retiree medical benefits.

Retirement from the City of Pleasanton means a retirement effective date through CalPER S no more than 120 calendar days after separation from the City of Pleasanton. Retirees who subsequently rescind their CalPERS retirement forfeit this retiree medical benefit eligibility.

A. Calculation of Total Service
The total years of PERS service will be evidenced by the “Years of Service Credit” category indicated on the CalPERS annual member statement or validated by CalPERS at the time of retirement.

1. Managers hired prior to January 1, 2009 (Prior Service) Employees hired before January 1, 2009 who promote to management positions may count prior years of service completed with another CalPERS municipal agency for the retiree medical benefit.

B. Spouse/Eligible Dependent Continuation of Benefits

22 In the case where the employee eligible for two party coverage is deceased, the amount the City is obligated to pay shall be reduced by one -half (1/2). If a spouse remarries, the obligation by the City shall terminate. Domestic partners shall be treated in the same manner as spouses for continuation of benefits.

C. Vesting Schedule for Employees Hired Before January 1, 2009

1. Service Retirement
For all employees who retire via a service retirement from the City of Pleasanton, the City shall pay four percent (4%) for each year of service of the City’s contribution toward the monthly premium for employee and one dependent.

For all service retirements the formula accelerates beginning with 10 years of service as illustrated below.

Years of Service City’s Contribution
10 75%
15 80%
20 90%
25+ years of service 100%

2. Disability Retirement
For all employees who retire via a disability retirement, the City shall pay a percentage of the City’s contribution toward the monthly premium for employee and one dependent in accordance with the schedule set forth below:

Years of Service City’s Contribution
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25+ years of service 100%

3. City Contributions
The City’s contribution for retiree medical coverage is established as the same dollar contribution paid for active employees at the employee plus one rate of the lowest cost HMO early retiree plan.

23 4. Reimbursement for non-City Plans
In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

5. Benefits for Medicare Eligible Retirees
All retirees eligible for Medicate are required to apply for Medicare benefits.

Upon qualifying for and receiving parts A and B of Medicare, the City shall not be obligated to contribute an amount in excess of the monthly premium for the lowest cost HMO h ealth plan supplement to Medicare for employee and one dependent.

D. Vesting Schedule for Employees Hired on or After January 1, 2009

1. Service Retirement
For all employees who retire via service retirement from the City of Pleasanton, the City shall pay four percent (4%) for each year of service of the City’s contribution toward the monthly premium for single coverage.

For all service retirements the formula accelerates beginning with 10 years of service as illustrated below:

Years of Service City’s Contribution
10 75%
15 80%
20 90%
25+ years of service 100%
In accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA), employees hired on/after January 1, 2013 and considered “new members” by CalPERS will have a vesting schedule equal to the vesting schedule of miscellaneous employees.

2. Disability Retirement
For all employees who are hired on or after January 21, 2009 and retire via disability retirement, the City shall pay a percentage of the City’s monthly contribution toward th e premium for single coverage in accordance with the schedule set forth below:

Years of Service City’s Contribution
10 20%
11 25%
12 30%
13 35%

24 14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25+ years of service 100%

3. Public Employee Pension Reform Act (2013)
In accordance with PEPRA, employees hired on or after January 1, 2013 and considered “new members” by CalPERS will have a vesting schedule equal to the vesting schedule of miscellaneous employees.

4. City Contributions
The City’s contribution for retiree medical coverage is established as the same dollar contribution paid for active employees at the single rate of the lowest cost HMO Plan early retiree plan.

5. Reimbursement for non-City Plans
In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

6. Benefits for Medicare Eligible Retirees
Retiree health benefits, including reimbursement, will cease once the employee becomes Medicare eligible.

7. Retiree Health Savings Plan
For employees hired on or after January 21, 2009, the City will contribute seventy-five dollars ($150) per month to the employee's RHSP. Additionally, each employee eligible for the City contribution will have a mandatory, pre-tax deduction of twenty-five dollars ($150) per month toward the RHSP. The total monthly contribution to the RHSP will be one hundred dollars ($300).

Employees have a vested right to the funds at the time of deposit. Funds deposited in the RHSP are portable and belong to the employee, regardless of length of service or reason for separation.

25 12.3 Dental
The City shall contribute an amount necessary to provide dental care benefits for the individual employees and eligible dependents. The City shall provide a lifetime maximum orthodontia coverage of $2,000 for individual employees and eligible dependents.

12.4 Life Insurance
The City shall contribute an amount necessary to provide $100,000 life and $100,000 accidental death and dismemberment insurance coverage for individual full-time employees.

Employees may purchase at their own expense and within the limits set by the insurance carrier, additional amounts of life insurance under the existing policy.

12.5 Vision Care
A vision care plan will be provided as an option for employees and the cost of such coverage shall be included in the 125 Plan.

12.6. Long Term Disability
The City shall pay to the Union the sum of twenty -nine dollars and fifty cents ($29.50), up to a maximum of forty dollars ($40.00) towards the monthly premium for each Battalion Chief enrolled in the Union’s long-term disability plan. Said payments shall be made in arrears monthly.

12.7 Extended Benefits
The City will consider voluntary proposals from the Union's membership to utilize their leave and medical benefits to extend the leave and medical benefits for employees on protracted medical leave.

12.8 Employee Assistance Program
The City shall provide an Employee Assistance Program for employees covered by this MOU.

Section 13. Retirement

13.1 Retirement Plans and Employee Contributions
A. Employees hired before December 22, 2012 (Tier 1 Classic) Employees hired prior to December 22, 2012 are provided the CalPERS 3% @ 50 local safety plan with the 12 -month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

Effective July 11, 2020, Tier 1 Classic employees shall contribute an additional one - half percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

26 B. Employees hired on or after December 22, 2012 (Tier 2 Classic) Employees hired on or after December 22, 2012 and before January 1, 2013, and employees hired on or after January 1, 2013 who are otherwise “classic” employees, are provided the CalPERS 3% @ 55 local safety with the 36-month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12 .5% total employee contribution) for the CalPERS 3% @ 55 local safety plan.

Effective July 11, 2020, Tier 2 Classic employees shall contribute an additional one - half percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% 55 local safety plan.

C. Employees hired on or after January 1, 2013 (Tier 3 New-PEPRA) Fire safety management employees hired on or after January 1, 2013 and considered “new members” by CalPERS shall be provided the CalPERS 2.7% @ 57 local safety plan with the 36 -month final compensation period. Such employees shall contribute 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS.

13.2 Additional Retirement Benefits
All employees shall receive the following additional contracted for optional CalPERS benefits:

Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivors Benefit, Fourth Level
Section 21548, Pre-retirement Option 2W Death Benefit

13.3 Pre-tax Employee Contribution
All contributions paid by employees towards the cost of CalPERS pension benefits will be deducted on a pre-tax basis to the extent permitted by law.

Section 14. Uniforms
Effective July 5, 2025, the Annual annual uniform allowance shall be one thousand ($1,0001,200.00) dollars. The uniform allowance will be paid in equal biweekly installments in accordance with California Government Code Section 20363. The amount the City contributes toward the uniform allowance is subject to federal and state income tax withholding.

14.1 Payment
The uniform allowance shall be paid in employee paychecks. CalPERS will be deducted for all members in accordance with the provisions of Section 8.1 (California Public Employees’ Retirement System).

14.2 Uniform Changes
Uniform changes will be at the expense of the Department. The Department shall replace Class B pants, Class B shirt, and Class B boots on a one for oneone-for-one basis, as needed.

27 Section 15. Credit Union
The City shall implement a voluntary payroll deduction option for employees who wish to join the Firefighter First Credit Union, First United Services Credit Union or UNCLE Credit Union for the purposes of transacting business with these credit unions.

Section 16. Probationary Period

16.1 Length of Probationary Period
All appointments shall be subject to a probationary period of twelve (12) months service time.

Personnel who serve in a long-term acting assignment any time during the two (2) years prior to their promotion will receive credit towards the twelve (12) month promotional probationary period for their long-term acting assignments up to a combined maximum of six (6) months. All other provisions of probationary period will apply.

16.2 Notification Requirements
An employee who is not rejected prior to the completion of the prescribed probationary period shall be deemed to have passed the prescribed probation period automatically subject to the provisions of Section 16.3 and 16.4.

16.3 Extension of Probationary Period
The Fire Chief may extend the probationary period once for a period not to exceed ninety (90) days, in order to further evaluate the performance of the probationary employee.

16.4 Tolling of the Probationary Period
The duration of the probationary period shall automatically be tolled when the probationary employee is unable to perform the full range of regular duties for their position due to an approved leave of absence or restricted modified duty status that exceeds thirty (30) consec utive calendar days. The tolling period shall start on the thirty -first (31st) calendar day of approved leave of absence and/or modified duty status and extend the probationary period by the number of days of leave or modified duty beyond the thirty (30) days.

16.5 Rejection of Probationary Employee – Promotional Appointment An employee rejected during the probationary period following a promotional appointment or at the conclusion of the probationary period shall be reinstated to a position in the class from which the employee was promoted.

At any time during the first three (3) months of the employee’s probationary period, the employee shall have the option of voluntarily returning to their previously held position.

Section 17. Promotion, Demotion, and Long-Term Acting Assignments A. Promotion
Promotional or open-promotional examinations may be conducted whenever the Fire Chief determines the needs of the service require. Only employees who meet the requirements set forth in the examination announcements may compete in promotional examinations.

28 Insofar as consistent with the best interests of the Department as determined by the Fire Chief, vacancies in the Department shall be filled by promotion from within the Department after a promotional examination has been given and a promotional list established.

If in the opinion of the Fire Chief, a vacancy in the Department should be filled by an open-competitive examination instead of promotional examination, the Fire Chief shall arrange an open -competitive employment list consistent with Personnel Rules.

B. Demotion
Bargaining unit employees who are promoted to a Deputy Fire Chief classification out of the bargaining unit and subsequently demote during their first twelve (12) months of service as a Deputy Fire Chief shall be reinstated to a bargaining unit position in the classification from which they were promoted. Such employees will have all seniority in their former rank restored at the time of demotion but shall not receive any additional rank seniority for the time served in the chief officer classification.

Battalion Chiefs hired from outside the Department cannot demote into a fire suppression position.

Section 18. Resignation, Reinstatement and Layoff

18.1 Automatic Resignation
Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits satisfactory reasons for his/hertheir absence within three (3) calendar days of the date his/hertheir resignation was effected.

18.2 Voluntary Resignation
An employee may resign in good standing by submitting to the Fire Chief a written resignation notice at least two (2) weeks in advance of the effective date of the resignation.

18.3 Reinstatement
With the approval of the Fire Chief, an employee who has resigned in good standing may be reinstated within two (2) years of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee had received a new appointment.

When an employee is reinstated within a two-year period, the employee’s seniority date shall be the date of the reinstatement, not the original appointment date except for service time with CalPERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD.

Reinstated employees may use prior service credit for promotional eligibility purposes.

Reinstated employees may petition the Fire Chief after six months to be removed from probationary status.

18.4 Layoff
The Fire Chief may lay off an employee because of material changes in duties, organization or shortage of work or funds.

29 “Notice of Intent to Lay Off” will be provided to employees who may be impacted and the Union at least 16 weeks prior to the anticipated date of lay off.

The employee having the least length of total continuous service with the Department in the classification, in which the Fire Chief is laying off, shall be laid off first.

Employees scheduled to be laid off may, however, displace the least senior employee in the next lower paying classification of like work who has less seniority. Employees laid off or who through displacement have changed classification shall have their name placed upon a re -employment list in seniority order. The employee with the highest seniority on a re -employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Each name shall be carri ed on a re -employment list for a period of one (1) year from the date of lay off from Department service or change of classification through displacement. The Fire Chief may extend the name(s) on a re -employment list for an additional one (1) year. No name shall be carried on a re - employment list for a period longer than two (2) years from the date of lay off from Department service or change of classification through displacement unless authorized by the City Manager.

Section 19. Discipline
The Department acknowledges that Battalion Chiefs are not at -will employees. Battalion Chiefs are entitled to Skelly rights and all rights and protections afforded by the Firefighters Procedural Bill of Rights Act Government Code Section 3250 et seq (FFBRA) with respect to i nvestigations the imposition of discipline or “punitive action” and administrative appeals.

Letters of Written Reprimand
All Letters of Written Reprimand in an employee’s personnel file will be removed from the file four (4) years after the date of issuance at the request of the affected employee. Letters of Written Reprimand not removed after the four (4) year period will be disregarded.

Section 20. Grievances

20.1 A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding, which specifically provide that the decision of any Fire Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

Any dispute which involves the interpretation or application of department policies outside this Memorandum of Understanding is not considered a grievance and is subject to an informal dispute process as follows:
a. The dispute will be presented, in writing, to the applicable Deputy Fire Chief. The applicable Deputy Fire Chief will render a determination. b. The dispute may be appealed, in writing, to the Fire Chief. The Fire Chief will render a determination.
c. The dispute may be appealed, in writing, to the City of Pleasanton City Manager’s Office.

The City Manager or his/her their designee will render a determination which shall be final.

20.2 Grievances shall be processed in the following manner:

30 a. Within thirty (30) days of the knowledge of an event giving rise to a grievance, an employee or the union may request in writing a meeting to discuss the grievance with the Deputy Fire Chief. The Deputy Fire Chief shall investigate the grievance and the Deputy Fire Chief shall render a decision within fourteen (14) calendar days from the date the grievance was received.
b. No grievance involving demotion, reduction in pay, suspension, or discharge of an employee will be entertained unless it is filed in writing with the Fire Chief within seven (7) working days of the time at which the affected employee was notified of such action. c. Within fourteen (14) calendar days from receipt of the Deputy Fire Chief's decision in Step 1 above, the employee or official of the Union may notify the Fire Chief in writing that a grievance exists, stating the particulars of the grievance, citing the sp ecific section of this Memorandum of Understanding they believe has been violated, and, if possible, the nature of the determination desired. The Fire Chief shall have fourteen (14) days from receipt of notification in which to investigate the issues , meet with the complainant and attempt to reach a satisfactory resolution of the problem. The Fire Chief will then issue a decision of the parties. No grievance may be processed under paragraph (4 below), which has not first been filed and investigated in accordance with this paragraph (3). d. Within fourteen (14) calendar days from receipt of the Fire Chief's decision in Step 2 above, the employee or official of the Union may appeal the decision of the Fire Chief to the City Manager. The City Manager shall have fourteen (14) days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem . The City Manager will then issue a decision to the parties. No grievance may be processed under paragraph (5 below), which has not first been filed and investigated in accordance with this paragraph (4). e. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, the Union may appeal the decision of the City Manager to arbitration within fourteen (14) days of the notification of the City Manager’s decision. The arbitrator shall be designated by mutual agreement between the Union and the Department. The fees and expenses of the arbitrator and court reporter shall be shared equally between the Fire Depa rtment and the Union.

Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
f. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law , Ordinances and Resolutions of the Livermore-Pleasanton Fire Department JPA.

20.3 The time limits previously set forth shall be considered maximums and every effort shall be made to expedite the process. The limits specified may, however, be extended by mutual agreement of the parties.

20.4 No arbitrator shall entertain, or hear, any dispute unless such dispute involves a position in the unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Subsection 20.1.

20.5 Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto, shall not be arbitrable and no proposal to modify amend or terminate this Memorandum of Understanding, nor any matter or subject arising out

31 of or in connection with such proposal may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreement or addenda supplementary hereto or to establish any new terms or conditions of employment.

20.6 If the Fire Chief in pursuance of the procedures outlined in subsection 2 0.2 above resolves any grievance, which involves suspension or discharge, the Fire Chief may agree to payment for lost time or to reinstatement with or without payment for lost time.

20.7 All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. Complaints which allege that employees are not being compensated in accordance with the provision of this Memorandum of Understanding shall be considered as grievances.

Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from the date upon which the complaint was filed except in instances where retroactive adjustments are mandated by federal or state law or required by outside entities.

In the event the City overpays an employee above the compensation outlined in this Memorandum of Understanding, the City may collect up to six (6) months of overpayment dated from the date of discovery.

Any other matters of compensation are to be resolved in the meet and confer process and detailed in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be deemed withdrawn until the next meet and confer process is opened for such discussion.

20.8 No changes in this Memorandum of Understanding or interpretation thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Fire Department Fire Chief and the Union.

20.9 The provision of this Section shall not abridge any right to which an employee may be entitled under the Fire Department ordinance and resolution, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the Fire Department’s governing board.

All grievances of employees represented by the Union shall be processed under this section.

32 Section 21. Medical Examination

21.1 Fitness for Duty Exams
The Fire Chief retains the right to subject employees to job -related fitness for duty medical examinations to ensure employees can safely perform the essential functions of their job classifications as specified in established job descriptions. In the event the Fire Chief , after consultation with the Human Resources Director, determines there are identifiable reasons to believe an employee may be unable to safely perform the essential functions of their job classification, an employee shall submit to a fitness for duty medical examination at any time while on duty. The notice provided to the employee directing them to submit to a medical examination does not need to include the identifiable reason(s) for the referral. A physician selected by the Department shall conduct the fitness for duty examination and the full cost of the examination shall be borne by the Department, as shall any medical examination required by the Employer. A copy of the medical examination report shall be given to the employee.

Should the employee disagree with the opinion of the Department’s physician , the employee may consult with their own physician (at the employee's expense). If the employee’s private physician's report conflicts with the Department's physician in terms of ability to perform the duties of the employee's regular job, the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Department. The employee and the Department will share the costs for the third examination. The decision of the third physician concerning the employee’s fitness for duty shall determine the employee’s ability to return to work.

21.2 Wellness-Fitness/Modified Duty Program
On August 1, 2001, the Department and the Union adopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative (3rd Edition as amended). Exceptions to the current program may be implemented during the term of this MOU by mutual agreement between the Department and the Union.

The Modified Duty Program permits eligible employees to return to work in a modified duty capacity when an illness or injury prevent s employees from performing their regular duties. The program is outlined in the Department General Orders.

The Department shall provide all employees over the age of 40 with a twelve -lead stress EKG examination biannually. If the test suggests an employee is immediately unsafe for fire suppression duties, the Fire Chief will be notified that the employee is not fit for duty . No other information will be provided to the Fire Chief or Employer without the employee’s consent.

The Department shall provide a mandatory physical fitness program to the employees.

21.3 Substance Testing
Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix C to this MOU.

Section 22. Outside Employment
Employees who plan to engage in regular employment during their off duty time must notify the Fire Chief of said employment in writing on the Department’s Outside Employment Form.

No employee shall accept outside employment that creates a conflict with their full-time employment with the Department.

33 Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment.

Section 23. Disability Accommodations
The Union recognizes that the City has an obligation under law to meet with individual employees who request reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with applicable law and the accommodation conflicts with any provision of this MOU, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department.

Section 24. Miscellaneous

24.1 Deferred Compensation Program
The City shall provide a voluntary Internal Revenue Code (“IRC”) 457 deferred compensation plan and a voluntary Internal Revenue Service (“IRS”) 401A plan. Any funds deposited in a deferred compensation plan under this provision belong to the employee, reg ardless of length of service or reason for separation.

The City shall contribute two and one -half percent of the employee’s base compensation into a 457 deferred compensation plan. City contributions are tax deferred, and count towards the 457 annual maximum deferral as designated by the IRS. Employees without an existing 457 account with a City sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required.

24.2 Helmets
For as long as the Department continues to issue leather helmets, Battalion Chiefs will be issued a leather helmet at time of promotion. Helmets are to remain with each individual at retirement.

24.3 EMT Certification
Emergency Medical Technician (“EMT”) certification is a mandatory condition of employment for Battalion Chief s. The Department will provide all necessary training and testing relating to the recertification process at no cost to employees . If an employee does not successfully complete the EMT re-certification process provided by the Department, the employee will have six (6) months to meet recertification requirements or be subject to termination for failure to meet position standards.

The expenses, in such cases, will be the responsibility of the employee. The six (6) month grace period, if requested , may be extended due to course availability but, employees must enroll and participate in the first available course.

24.4 Staffing
The parties agree that the desired minimum staffing is two (2) Battalion Chiefs per shift, and one (1) Training Chief. Staffing levels are ultimately at the discretion of each city, and based on community need, economic conditions, and City funding.

At the discretion of the Fire Chief, staffing may be increased above the daily minimum of two for potential emergency needs or special events.

34 The parties have also met and conferred and reached agreement over procedures and guidelines to staffing Battalion Chief ’s positions which is contained in the Fire Department Manual. During the term of the MOU, any changes to the Fire Department Manual staffing Battalion Chief position must be done by mutual agreement of the parties.

24.5 Total Compensation Survey
Total compensation includes salary, and a variety of other benefits. Among such benefits, but not exclusively, are contributions or payments made by the Employer toward retirement ( CalPERS), medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform allowance, and holiday pay. In addition, there can also be add -on costs for different incentives or services performed.

Total compensation information will be gathered from similar agencies to determine how the Employer’s benchmark classifications compare with comparable positions in other agencies . The agencies used for comparison are listed below.

Berkeley
Fairfield
Fremont
Hayward
Palo Alto
Richmond
San Ramon Valley Fire Protection District
Santa Clara (City)
Santa Rosa
Vallejo

Total compensation arrays will be provided to the Union three (3) months prior to the expiration of the MOU.

24.6 Continuity of Operations
The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment ( provided such equipment is safe and sound) , or concerted refusal to perform customary duties during the term of this MOU. Further, neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or support of employees not covered by this MOU.

24.7 Tuition and Book Reimbursement
Regular employees are eligible for tuition and fee reimbursement for college or university courses successfully completed with a grade of “C” or better, provided said courses have been approved in advance by the Fire Chief and are taken from an educational institution accredited by the Western Association of Schools and Colleges, or any other accrediting agency approved by Human Resources.

Tuition is reimbursed in the amount up to, but not to exceed, the annual registration fees levied by California State University, East Bay for degrees available at the time the employee enrolled in the course(s) for which the tuition reimbursement is requested. Eligible fees shall be limited to: university fee; student body fee; IRA (instructional related activity) fee; facility fee; university union fee; health services fee and ID fee.

35 The maximum tuition and fee reimbursement an employee may receive per fiscal year shall not exceed the annual maximum levied by California State University, East Bay for the academic year beginning in the fall of each year. The “academic year” is currently defined as the “fall semester and the spring semester.” Employees accepted and enrolled in an undergraduate program are eligible to receive reimbursement up to the full -time equivalent for undergraduate tuition and fees at CSU East Bay.

Employees accepted and enrolled in a graduate program are eligible to receive reimbursement up to the full-time equivalent for graduate tuition and fees at CSU East Bay.

Requests for tuition and fee reimbursement are to be submitted at the completion of each quarter or semester during which the courses were completed. An official receipt verifying the tuition and fee charged, the tuition and fees paid, and a transcript of grades shall accompany the reimbursement request.

Employees can be reimbursed for books required for college or university courses approved by Human Resources and successfully completed with a grade of "C" or better. The maximum reimbursement for books an employee may receive shall not exceed $300 per fiscal year. To be reimbursed, the employee must submit receipts from the college or university and proof of grades received.

Section 25. Bargaining Waiver and Separability of Provisions Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate during the term of this agreement with respect to any matter expressly covered by this MOU or proposed by that same party during the negotiations leading to this MOU.

Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect.

36 Section 26. Existing Memorandum of Understanding

This MOU shall supersede all existing memoranda of understanding between the JPA and the Union for employees represented by the Union for the period commencing September 1July 1, 2022 2025 and ending June 30, 20252028.

LOCAL 1974, INTERNATIONAL

ASSOCIATION OF FIREFIGHTERS
Battalion Chief’s Unit,

AFL-CIO-CLC

LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS

AUTHORITY

By____________________________
Craig Berchtold

By__________________________________
Gerry Beaudin, City of Pleasanton

By____________________________
Dan Moyles

By____________________________
Frank Nasca

By__________________________________
Marianna Burch, City of Livermore

By__________________________________
Tim Davis, Burke, Williams, Sorenson

By____________________________
James Smith

By____________________________
Matt Thau
By__________________________________
Kristen Hilton, City of Livermore

By__________________________________
Tina Olsen, City of Livermore

By__________________________________
Tina Pruett, City of Pleasanton

By__________________________________
Xaviera Scoggins, City of Pleasanton

37 Appendix A
Salary Schedules

Effective January 4, 2025 Monthly Salary Range Yearly Salary Range Salary Range $ 15,458.42 $ 18,760.60 $ 185,501 $ 225,127

Effective July 4, 2026 Monthly Salary Range Yearly Salary Range Salary Range $ 15,922.17 $ 19,323.42 $ 191,066 $ 231,881

Effective July 3, 2027 Monthly Salary Range Yearly Salary Range Salary Range $ 16,399.84 $ 19,903.12 $ 196,798 $ 238,837

38 Appendix B
Catastrophic Leave Policy
The catastrophic leave program permits employees to donate hours of sick leave or vacation leave for the purpose of providing eligible employees, upon approval, additional hours of paid leave.

CATASTROPHIC ILLNESS OR INJURY
A catastrophic illness or injury is a major medical condition that disables the employee from working for a protracted period of time.

ELIGIBLE EMPLOYEE
An employee who because of a catastrophic illness or injury has exhausted his/hertheir accrued sick leave or vacation leave, and:

1. Is ineligible for any city disability income benefits; and

2. Has an acceptable sick leave record as determined by the sick leave administrative committee upon the recommendation of the Fire Chief.

DONATING SICK LEAVE
Employees may donate sick leave, or vacation leave to an eligible employee approved for catastrophic leave upon completion of the necessary form. Donations of sick leave once made are irrevocable.

REQUESTING/APPROVING CATASTROPHIC LEAVE
Requests for catastrophic leave must be in writing and be accompanied by a physician's certificate attesting to the catastrophic illness or injury.

ADMINISTRATION
The catastrophic leave shall be administered by a committee comprised of two re presentatives designated by the Union and two representatives designated by the city manager. The committee shall be responsible for reviewing requests for catastrophic leave and determining the requesting employee's eligibility for such leave. The committee shall recommend to the City Manager of Pleasanton if the request should be approved, the number of catastrophic leave hours to be granted, and under what conditions. The Pleasanton City Manager’s decision regarding the request shall be final. (NOTE: Per IRS rules and regulations, all donations received by eligible employees are subject to regular payroll tax deductions.)

39 Appendix C – Substance Testing Policy

LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: EFFECTIVE DATE: PREV. DATE:

SECTION: SUBJECT: Substance Testing Policy Page 1 of 12 Page (s)

I. PURPOSE:

Livermore-Pleasanton Fire Department (“LPFD”) is committed to providing a safe and drug -free work environment. This commitment is placed in jeopardy when any employee uses drugs or alcohol in a manner that violates the law or LPFD policy. A department me mber with a substance abuse problem poses a risk to the safety and welfare of themselves, their co -workers, and the public at - large. This policy is adopted to address the negative effects that drug and alcohol misuse and abuse can cause in the workplace and to prevent future negative effects from occurring, including accidents and injuries.

II. POLICY:

A. All content herein shall be referred to as the LPFD Substance Testing Policy (“Policy”).

B. All supervisors and managers (“Supervisors”) in LPFD are responsible for actively taking steps to carry out this Policy.

C. This Policy applies to all LPFD employees and individuals seeking employment regardless of rank with respect to alcohol and drugs, including any and all substances, drugs or medications, whether legal or illegal, which could impair an employee’s ability to effectively and safely perform the functions of their job (“Covered Employee” or “Covered Employees”).

D. All testing pursuant to this Policy shall be conducted through independent third-party collection facilities, laboratories, and Medical Review Officers, all of whom are not affiliated with LPFD, the City of Livermore, or the City of Pleasanton.

E. With respect to alcohol, the following conduct by Covered Employees is prohibited:

1. consumption of alcohol within four hours of beginning work;

2. purchase of alcohol from a brick -and-mortar retailer while on -duty and in LPFD uniform, or while on -duty and driving or acting -as-passenger in a vehicle reflecting LPFD insignia;

40 3. Distribution, defined as providing alcohol to a fellow LPFD member or member of the public, while on-duty other than as a packaged gift that remains unopened and is stored and remains in a Covered Employee’s personal vehicle;

4. Possession of alcohol while at work, excluding unopened alcohol that is stored and remains in a Covered Employee’s personal vehicle while parked on LPFD premises;

5. consumption of alcohol while on-duty; and

6. consumption of alcohol following an on-duty motor vehicle accident that is subject to post-accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the Covered Employee.

Any Covered Employee who is under the influence of alcohol (i.e., on -the-job impairment) or has the odor of alcohol on their breath will not be permitted to remain on duty.

F. With respect to marijuana/cannabinoids, the following conduct by Covered Employees is prohibited:

1. consumption of marijuana/cannabinoids within four hours of beginning work;

2. purchase of marijuana/cannabinoids from a brick -and-mortar retailer while on -duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

3. Distribution, defined as providing marijuana/cannabinoids to a fellow LPFD member or member of the public, while on duty;

4. Possession of legal marijuana/cannabinoids while at work, excluding unopened marijuana/cannabinoids that are stored and remain in a Covered Employee’s personal vehicle while parked on LPFD premises;

5. consumption of marijuana/cannabinoids while on-duty; and

6. consumption of marijuana/cannabinoids following an on-duty motor vehicle accident that is subject to post-vehicle accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the employee.

Any Covered Employee who is under the influence (i.e., on -the-job impairment) of marijuana/cannabinoids will not be permitted to remain on duty.

G.O.#: EFFEC. DATE: PREV. DATE: Page 3 of 12 Pages

41 G. With respect to drugs other than marijuana/cannabinoids, while on -duty, Covered Employees shall not use, possess, sell, transfer, distribute or be under the influence (i.e., on the job impairment) of any illegal drug recognized as illegal.

H. This Policy does not prohibit Covered Employees from using prescription drugs in the manner prescribed and as deemed safe by a treating health care provider. This Policy does, however, require Covered Employees to notify their Supervisor if they are using a prescription drug while on-duty that, according to the drug manufacturer, a pharmacist, or a physician, may induce drowsiness or otherwise impair their ability to perform the full scope of their duties safely. If there are questions regarding the Covered Employee’s ability to perform assigned duties safely and effectively when using such medications, the City of Pleasanton’s occupational health provider will be required to clear the employee for on-duty use of such medication.

I. LPFD may require a Covered Employee to submit to a drug or alcohol test in accordance with this Policy under the following circumstances: (1) reasonable suspicion; (2) post - accident; (3) return-to-duty; or (4) pursuant to the terms of a Last Chance Agreement.

J. LPFD may discipline a Covered Employee for violation of this Policy, up to and including termination from employment, subject to due process and representation rights.

K. A Covered Employee who tests positive for the first time in violation of this Policy will be offered a Last Chance Agreement in lieu of termination. The Last Chance Agreement will be negotiated between LPFD, the Union and /or the Covered Employee.

Notwithstanding this requirement, LPFD may deny a Covered Employee the offer of a Last Chance Agreement in egregious situations or when the Covered Employee refuses to submit to testing as authorized by this Policy.

L. In an effort to encourage the Covered Employee to take responsibility for their behavior, the Last Chance Agreement or other Agreement will include a requirement, among others, that the Covered Employee undergo an evaluation by a substance abuse professional and complete any recommended treatment. In such instances, the City will offer treatment to the Covered Employee in a substance abuse treatment program recommended by a Substance Abuse Professional.

1. The City will pay seventy percent (70%) of the treatment program costs that are not covered by the Covered Employee's health insurance. The Covered Employee will pay the remaining thirty percent (30%) of the treatment program cost. The City’s contributio n for treatment, however, shall not exceed $100,000 for all Union members in a fiscal year.

G.O.#: EFFEC. DATE: PREV. DATE: Page 4 of 12 Pages

42 2. If the Covered Employee is not otherwise on paid administrative leave or on paid worker’s compensation leave, the Covered Employee’s time in the treatment program will be unpaid per the terms of the applicable MOU, but the Covered Employee may elect to use accrued paid time off, if available.

3. During a Covered Employee's career, a second opportunity for treatment may, in the City’s discretion, be offered in the event of a relapse. A Covered Employee is not eligible for a second treatment opportunity unless considerable time has passed and the Covered Employee is otherwise in good standing. Discipline, which could include termination, will be imposed for the second violation of this Policy. If a second treatment program is allowed in lieu of termination, the Covered Employee will be responsible for the entire cost.

4. To the extent a Covered Employee tests positive for drugs or alcohol in violation of this Policy, completion of a return -to-duty test with a negative test result for the substance at issue will be required before the Covered Employee may return to work.

5. As a condition of continued employment, a Covered Employee who tests positive in violation of this Policy will be subject to unannounced follow-up testing for up to 12 months after the Covered Employee has returned to duty.

M. A Covered Employee who refuses to submit to any required drug or alcohol test authorized by this Policy will be treated in the same manner as a Covered Employee who tests positive on a drug or alcohol test. Refusal to submit to a drug or alcohol test as required by this Policy constitutes insubordination and may result in discipline, up to and including termination, in accordance with full due process and representation rights.

N. Under this Policy, a Covered Employee is deemed to have tested positive for alcohol if test results indicate a concentration of 0.02 or higher.

O. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in conjunction with objective signs that support reasonable suspicion as defined in this Policy.

P. To provide Covered Employees with substantial advanced notice regarding this Policy, LPFD will implement this Policy no earlier than three months from the Policy’s effective date.

G.O.#: EFFEC. DATE: PREV. DATE: Page 5 of 12 Pages

43 III. PROCEDURE:

TYPES OF TESTING
A. Pre- Employment Screening

1. Applicants seeking initial employment with LPFD in any of the job classifications identified in the definition of Covered Employees shall be subject to a pre - employment screening for drugs. Pre -employment screening does not apply to existing LPFD employees applying for promotion or assignment to another position with the LPFD. LPFD will provide notice to applicants that they will be required to underg o and pass a pre -employment drug test as a condition of employment in advance of hiring. In such notice, LPFD will provide a description of the associated drug (and potentially alcohol) test.

2. Applicants who test positive for substances prohibited by this Policy will have an opportunity to demonstrate to a third-party Medical Review Officer that their use of the substance is authorized by a prescription from a health care provider and that such use is in a manner consistent with the instructions set forth in the supporting prescription. If the applicant makes a satisfactory showing, then the positive drug test does not disqualify the applicant from appointment.

3. Applicants found to have a positive screening test for drugs or alcohol shall be disqualified from appointment. Refusing to submit to a pre -employment screening required under this subsection will be deemed a failure of the screening, thereby resulting in a rejection of the individual’s application for the appointment.

B. Reasonable Suspicion

1. Covered Employees are required to submit to a drug or alcohol test authorized by this Policy when a Trained Employee has reasonable suspicion to believe that a Covered Employee is under the influence of drugs or alcohol. “Trained Employee” means any employee of the LPFD who has participated in the training program further described in this Policy.

2. “Reasonable suspicion” is a belief based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech and/or body odors of the employee and reasonable inferences drawn from those facts related specifically to job perf ormance, a threat to themselves or the safety of others.

Reasonable suspicion shall be documented on the Observation of Impairment Report, the form of which is attached as Attachment A and is hereinafter referred to as the “Observation of Impairment Report”.

G.O.#: EFFEC. DATE: PREV. DATE: Page 6 of 12 Pages

44 3. A Trained Employee must notify a command staff member immediately of their reasonable suspicion that a Covered Employee is under the influence of drugs or alcohol and the affected Covered Employee must be removed from duty and then provided with an opportu nity to explain alternative reasons for the physical symptoms or articulable phenomena. The Covered Employee will be allowed to consult with a union representative before providing any explanation about physical symptoms or articulable grounds allegedly g iving rise to reasonable suspicion, and to have the union representative present if the union representative is reasonably available. Such union consultations will not permit a Covered Employee to delay or refuse the inquiry necessary to establish reasonab le suspicion (other than explanation from the Covered Employee) or drug testing.

4. A finding of reasonable suspicion must be made before a Covered Employee may be directed to submit to testing. Only a command staff member, or the Human Resources Director —acting upon the information provided by a Trained Employee—is authorized to direct a Covered Employee to submit to testing. The facts underlying the determination of reasonable suspicion shall be disclosed in writing to the Covered Employee at the time the Covered Employee is directed by LPFD or the Human Resources Director to submit to a test. Attachment A shall be used to document the determination of reasonable suspicion.

5. A command staff member or the Human Resources Director of Pleasanton shall arrange for the testing and transport of the Covered Employee to the testing site.

6. After the Covered Employee submits to testing, they will be prohibited from returning to work during the same shift. The Covered Employee shall be paid for the remainder of such shift. The Covered Employee will be precluded from returning to work while L PFD waits to receive test results. To the extent the Covered Employee misses a pre -scheduled shift during this period, they will receive paid leave. If, after receiving test results, LPFD desires to place the Covered Employee on unpaid leave for any period, the Department must provide a Skelly hearing in advance of any such decision.

7. LPFD shall provide a program of training to assist Trained Employees in identifying Covered Employees who are under the influence of drugs or alcohol.

Such training will be aimed to help recognize the conduct and behavior giving rise to reasonable suspicion of substance abuse. Trained Employees must attend annually one hour of training, provided or approved by Human Resources Director for the City of Pleasanton, on alcohol misuse and substance abuse.

8. An initial finding of reasonable suspicion and direction to submit to testing must be documented in writing by the Trained Employee who identifies that a Covered

G.O.#: EFFEC. DATE: PREV. DATE: Page 7 of 12 Pages

45 Employee is under the influence of drugs or alcohol on the Observation of Impairment Report.

The Observation of Impairment Report shall detail in writing the specific facts, symptoms, and observations which form the basis for the Trained Employee’s determination that reasonable suspicion exists. The Trained Employee must complete and submit their portion of the Observation of Impairment Report to a command staff member, or the Human Resources Director who will confirm that the form documents reasonable suspicion and sign the form. The Observation of Impairment Report must be completed in advance o f testing. The Human Resources Director shall maintain the completed forms for the City’s recordkeeping purposes.

C. Post-Accident Testing

1. Post-accident/drug and alcohol testing will be conducted for Covered Employees who were operating a LPFD vehicle directly involved in an accident that results in serious bodily injury to any person or causes substantial damage to property.

Post-accident drug and alcohol testing will also be conducted for Covered Employees who were operating LPFD heavy/dangerous equipment that directly caused serious bodily injury to any person. For purposes of this provision, “operating LPFD heavy/dangerous equipment” is limited to the use of hydraulic spreaders/pullers/rams/cutters, chainsaws, and circular saws.

2. Post-accident alcohol and drug tests shall be administered within two hours following an accident to the extent practicable. If the test is not performed within two hours, then LPFD must provide written documentation to the City of Pleasanton Human Resour ces Director as to why the test was not promptly conducted. A post -accident drug test shall be conducted within 72 hours following the accident. If the post-accident drug test is not conducted within 72 hours following the accident, then LPFD must provide written documentation to the Human Resources Director as to why such testing did not occur. Any drug testing administered after two hours but up to 72 hours is done to accommodate operating hours of the testing facility.

D. Return-to-Duty And Follow-Up Testing

1. A Covered Employee must submit to a return -to-duty test before they resume performance of their job duties where they have either: a) tested positive following testing ordered under this Policy; b) have refused to comply with an order to submit to testing authorized by this Policy; or c) admitted to alcohol or drug use in violation of this Policy.

G.O.#: EFFEC. DATE: PREV. DATE: Page 8 of 12 Pages

46 2. If a Covered Employee tested positive for alcohol or any of the drugs covered under this Policy, then they must test negative for the substance at issue before they can resume performance of their job duties.

3. In addition, the Covered Employee will be subject to follow -up testing. The Covered Employee will be subject to monthly unannounced drug or alcohol tests during the Covered Employee’s first year after returning to their position following the violation. Follow-up testing shall be conducted in addition to any other testing to which the Covered Employee is subject under this Policy.

E. Testing Process and Standards

1. All testing services pursuant to this Policy shall be conducted through independent third-party Collection Facilities, HHS-certified laboratories, and Medical Review Officers, all of whom are not employed by the City of Pleasanton or the City of Livermore. Such services shall include, breath or saliva alcohol testing, urine specimen collection, laboratory testing, and medical review.

2. Drug Testing
Once a determination is made to require a Covered Employee to be drug tested, the information supporting the determination will be made accessible to the Human Resources Director for the City of Pleasanton (Human Resources Director).

3. Alcohol Testing
Positive alcohol test results will be reported to the Human Resources Director, and the LPFD Fire Chief.

Substances considered to be a violation under this Policy shall be limited to:
• Alcohol;
• Marijuana/Cannabinoids (Marijuana)(only in conjunction with objective signs that an employee may be impaired by
Marijuana/Cannabinoids on the job.)
• Illegal Drugs; and
• Prescription drugs and other substances which may impair an employee’s ability to safely and effectively perform the functions of the job.

G.O.#: EFFEC. DATE: PREV. DATE: Page 9 of 12 Pages

47 4. Sample Collection/Breath Alcohol Testing
Testing must be conducted in accordance with the agreement between the LPFD and the third -party administrator. However, this does not prohibit LPFD from using BAC test results lawfully obtained from a local law enforcement agency that conducted its own investigation of a Covered Employee involved in the vehicle accident at issue.

5. Test Results
• The results of the laboratory analysis will be forwarded to a third -party Medical Review Officer. If the results are negative (no drugs or alcohol detected), then the Medical Review Officer will notify the Human Resources Director and the Covered Employee shall be returned to work promptly. If the laboratory confirms a positive result (drugs or alcohol detected), then the Medical Review Officer will first contact the Covered Employee at the telephone number provided to give the Covered Employee the opportu nity to discuss the test results and to submit information demonstrating authorized use of the drugs in question. The Medical Review Officer will make a final determination and notify the Human Resources Director. The Covered Employee may request a split sample be tested by the same facility and at the City’s expense. If the Covered Employee desires an alternative laboratory to test a split sample, the alternative laboratory must be approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Covered Employee must pay for such testing at their own expense. • LPFD and the City of Pleasanton’s Human Resources Department will maintain the confidentiality of drug and alcohol test results as required by federal and state law. Only persons needing to know test results will have access to them. Test results may be used in conjunction with an appeal process and/or litigation, and as such, test result records will be made available as necessary. Results may be sent to federal and/or state agencies as required by law.

6. Consent and Refusal
• Before a drug test is administered, Covered Employees will be required to sign a consent form authorizing the test and permitting release of test

G.O.#: EFFEC. DATE: PREV. DATE: Page 10 of 12 Pages

48 results to the LPFD Fire Chief or their designee and City of Pleasanton representatives with a need -to-know. Failure to sign such form will be cause to terminate the application process and deny employment for applicants and will constitute insubordination for Covered Employees. • A job applicant who refuses to consent to testing will be denied employment with LPFD.
• An existing Covered Employee’s refusal to test as required by this Policy constitutes insubordination and may result in administrative action, up to and including termination, subject to full due process and consistent with all representation rights.
• Any of the following constitutes a refusal to test:
o Failure to proceed immediately to the designated testing site after being directed to do so.
o Failure to permit transportation by LPFD personnel to the designated testing site or unreasonably delaying transport or arrival at the designated testing site after being directed to go to the designated testing location;
o Failure to remain at the designated testing location until testing is completed;
o Failure to provide a specimen or sample or a sufficient amount of the specimen or sample as directed by a specimen
collector/technician without medical explanation as determined by medical evaluation;
o Failure to sign the appropriate forms when asked to do so by the specimen collector/technician;
o Declining to take a second test as directed;
o Failure to cooperate with testing process (e.g., refuse to empty pockets when so directed by the collector; behave in a
confrontational way that disrupts the collection process) or engaging in any conduct that obstructs or does not allow for the successful completion of the testing process;

G.O.#: EFFEC. DATE: PREV. DATE: Page 11 of 12 Pages

49 o Medical Review Officer report that Covered Employee has verified adulterated or substituted test result;
o Admission by Covered Employee that he or she adulterated or substituted their specimen;
o Observed possession or wearing of a prosthetic or other device that could be used to interfere with the collection process at time of collection; or
o Refusal to wash hands in advance of providing a specimen, after being directed to do so.

Where there is a reasonable suspicion that the Covered Employee is presently under the influence of alcohol or drugs, LPFD shall allow the Covered Employee time to arrange to be safely transported home. The Covered Employee shall not be permitted to transport themself.

G.O.#: EFFEC. DATE: PREV. DATE: Page 12 of 12 Pages

50 ACKNOWLEDGEMENT
I acknowledge that I have received and read a copy of LPFD’s Substance Testing Policy. I understand the Policy, and agree to abide by it. I understand the Policy may be updated in the future.

Employee Signature Date

Employee Name (printed)
This form shall be retained by Human Resources.

Please complete and return this form immediately.

61 OBSERVATION OF IMPAIRMENT REPORT

REASONABLE SUSPICION RECORD

Employee Name: _ Employee ID No. ___________
Observation Date: ____________ Time: (from a.m./p.m. to ______a.m./p.m.) Location: _____________________________________________________________________ Street City State Zip This form is used to help determine if there is reasonable suspicion to believe a Covered Employee is impaired by alcohol or drugs while on the job and to document pertinent findings. Reasonable suspicion must be based on specific contemporaneous, articula ble observations concerning the appearance, behavior, speech or body odors of the person suspected of being impaired by alcohol or drugs in violation of the LPFD policy.

OBSERVATIONS:

Detail the specific facts, symptoms and observations that form the basis for your determination that the Covered Employee is impaired by alcohol or drugs while on the job. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ __________________________________________________________________ TRAINED EMPLOYEE COMPLETING THE ASSESSMENT:

_____________________________________________________________________________ Signature Print Name Rank Date Time

CONFIRMING WITNESS:

_____ Concur is the above findings.

______________________________________________________________________________ Signature Print Name Rank Date Time

APPROVED BY:

_____________________________________________________________________________

62 Appendix D – Performance Evaluation

LPFD Battalion Chiefs Performance
Evaluation

PART I: PERFORMANCE STANDARDS
PREVIOUS YEAR: (Identify Evaluation Period)

EMPLOYEE NAME: DEPARTMENT:

EVALUATOR NAME: EVALUATOR DEPARTMENT:

Management Employee Standards Exceeds
Expectations
Meets
Expectations
Fails to Meet
Expectations

Customer Service and Community Relations

Interpersonal Effectiveness and Teamwork

Communication Skills

Organizing and Planning

Financial Resource Management

Flexibility, Adaptability and Initiative

Decision Making and Problem Solving

Professional Knowledge, Skills and Abilities

Leadership Skills

Human Resource Management

Integrity and Ethics

Overall Rating

63 LPFD Battalion Chiefs Performance
Evaluation

PART I: PERFORMANCE STANDARDS (Cont.)
PREVIOUS YEAR: (Identify Evaluation Period)

Evaluator comments are required for any ratings of
“ Fails to Meet Expectations”

Evaluator Comments:

Employee Comments (if any):

64 LPFD Battalion Chiefs Performance Evaluation

PART II: DEPARTMENT & INDIVIDUAL GOAL

ACHIEVEMENT
PREVIOUS YEAR: (Identify Evaluation Period)

DEPARTMENT:

EMPLOYEE NAME AND TITLE:

EVALUATOR NAME AND TITLE:

List each of the applicable FY (Identify Year) department goals, then each personal goal.

Have the employee summarize their work on each goal, then write your comments.

Goal

Employee Comment

Evaluator Comment

Goal

Employee Comment

Evaluator Comment