Pleasanton City Council
July 15, 2025

65 LPFD Battalion Chiefs Performance
Evaluation
PART II: DEPARTMENT & INDIVIDUAL GOAL
ACHIEVEMENT (Cont.)

PREVIOUS YEAR: (Identify Evaluation Period)

Goal

Employee Comment

Evaluator Comment

Goal

Employee Comment

Evaluator Comment

Goal

Employee Comment

Evaluator Comment

Add additional pages as needed

66 LPFD Battalion Chiefs Performance
Evaluation

PART III: NEXT YEAR’S DEPARTMENTAL & PERSONAL GOALS
UPCOMING YEAR: (Identify Evaluation Period)2005 – 2006

DEPARTMENT:

EMPLOYEE NAME AND TITLE:

APPROVED BY (NAME AND TITLE):

List each of the (Identify Year) FY05-06 applicable department goals and then each personal goal.

Continue on next page or pages as needed

67 LPFD Battalion Chiefs Performance
Evaluation

SUMMARY COMMENTS
PREVIOUS YEAR: (Identify Evaluation Period)

Evaluator Comments (if any):

Employee Comments (if any):

68 LPFD Battalion Chiefs Performance
Evaluation

SIGNATURES

_____________________________________________________________________________________________ Completed by: (Evaluator) Date

_____________________________________________________________________________________________ Approved by: Date

Discussed w/ employee on

_____________________________________________________________________________________________ Date

_____________________________________________________________________________________________ Employee’s signature Date

69 APPENDIX A

CURRENT YEAR DEPARTMENTAL GOALS
CURRENT YEAR: (Identify Year)

DEPARTMENT HEAD: DEPARTMENT:

List all of the FY (Identify Year) goals of the Department including those from Council Priorities

Continue on next page or pages as needed

70 APPENDIX B

NEW DEPARTMENTAL GOALS
UPCOMING YEAR: (Identify Year)

DEPARTMENT HEAD: DEPARTMENT:

List all of the FY (Identify Year) goals of the Department including those from Council Priorities

Continue on next page or pages

71 Appendix E – Battalion Chief Staffing Policy

MOU NEGOTIATIONS BETWEEN

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL
1974

BATTALION CHIEFS
AND
THE LIVERMORE~PLEASANTON FIRE DEPARTMENT JOINT POWERS

AUTHORITY (LPFDJPA)

BATTALION CHIEF STAFFING POLICY

I. BC Staffing Policy:

To establish procedural guidelines for staffing Battalion Chiefs positions. Staffing decisions for situations not specifically addressed in this policy will be made considering all factors and what is best for the organization and impacts on personnel.

II. Responsibility:

A. It will be the responsibility of Battalion Chiefs to follow this procedure.

B. Battalion Chiefs are responsible for managing their staffing calendar.

C. Battalion Chiefs will check their staffing calendar at least once per day when on duty.

D. Battalion Chiefs shall ensure all contact information is accurate.

III. Definitions :

A. Shift Fill - Assignments made voluntarily to maintain adequate staffing levels.

Availability is indicated in the staffing time & attendance software as a sign-up.

B. Mandatory Shift Fill - Assignments made involuntarily to maintain adequate staffing levels. Individuals have not made themselves available in the staffing time & attendance software.

C. Emergency Recall - Assignments made voluntarily or involuntarily due to an Emergency Incident within the fire department's areas of influence, requiring additional staffing.

D. Selection Factor - Accrued hours worked used to award Shift Fill. This selection factor will reset November 25th of each calendar year.

E. Pick List- Descending list, based on selection factor, indicating an individual's availability to be assigned shift-fill, from lowest factor to highest factor.

F. Mandate List - Rotational list that resets November 25 th of each year, based on rank seniority, with the least senior member at the top of the list and the most senior member at the bottom of the list.

G. Operational Period- Work period for regularly scheduled calendar day, i.e., 24 hours, 10 hours
H. Shift Battalion Chief - Battalion Chief assigned to the 56-hour work week.

I. 40-Hour Battalion Chief - Battalion Chief assigned to the 40-hour work week.

J. Captain of Rank (COR)- A individual who has opted into the Captain of Rank program and previously held the rank of Fire Captain within the LPFD

72 K. Acting Battalion Chief (ABC) - An individual currently on the active Battalion Chiefs promotional list.

NOTE: Refer to Section IV.N - Out of Class Trial Section for COR and ABC Information
L. Holdover- Battalion Chief holdovers less than (3) hours will not receive Stipend Pay. If the holdover is beyond 3 hours the Battalion Chief will be compensated for all time in excess of three (3) hours at their current Stipend Pay rate in 15 -minute increments. Any holdover of more than (3) hours will result in mandate credit.

Stipend Pay Worked
1 through 15 minutes
16 through 30 minutes
31 through 45 minutes
46 through 60 minutes
Paid As

15 minutes
30 minutes
45 minutes
60 minutes

IV. Procedure:

A. Assigning Shift-Fill

1. To maintain adequate staffing level.

2. Staffing will be filled 6 days out for all known and/or assignments

3. Individuals shall indicate their availability in Telestaff.

4. Assignments shall be made 6 Days Out @ 0800 using the following Algorithm:

Shift Battalion Chief Availability
YES. – Availability. – NO
Award to available Shift Battalion Chief based on
selection factor and sign-up.
(120 Hour Maximum)
Fill with acting assignment availability

NOTE: Acting assignments assigned from the
promotional list will be made in Rank Order and no
more than one short term Actor per day.
↓
40 Hour Battalion Chief availability: Sign-Up

NOTE: Only available on their flex day or non-
working hours as Training Chief.

Mandate a shift Battalion based on the mandate
rotational list.

73 Fill with acting assignment availability: Sign-Up

NOTE: Acting assignments assigned from the active
promotional list will be made in Rank Order and no
more than one short term Actor per day.

NOTE: 40 Hour Battalion Chiefs are EXEMPT from
Mandates.

NOTE: Qualified Actors/Deputy Chiefs may offer to
take the Mandate.

NOTE: If no Shift Battalion Chiefs are eligible -
move to contingency staffing.

Deputy Chief Availability: Sign-Up

NOTE: Only available on their flex day or non-
working hours as Deputy Chief.

No availability within Rank
(Mandate Shift Fill: 96 Hour Maximum)

↓
Fill Sequence
Battalion Chief
Training Battalion Chief
Active Battalion Chief Promotional List
Qualified Deputy Chief (Previous held the Position
of Battalion Chief with the LPFD)

CONTINGENCY STAFFING:
120 Hour Maximum

↓

RULE BREAKS
• Trade Off Protection
• Trade Off Revocation
• Vacation Protection
• Vacation Revocation (Non-AVP)
• Vacation Revocation (AVP)
EXCEPTION: Holiday Staffing – See Section IV; Sub-Section R B. Staffing will be filled 6 days out for all known vacancies and/or assignments.

C. Individuals shall indicate their availability in the staffing time & attendance software (Sign­ Up)
D. Assignments will be made based on the following procedure:

1. Shift Battalion Chief Availability: Sign-Up

o Yes - Award to available Shift Battalion Chief based on selection factor (96 Hour Max)
o No - 40 Hour Battalion Chief Availability

2. 40 Hour Battalion Chief Availability: Sign-Up
• Yes - Fill with 40 Hour Battalion Chief based on Selection Factor • No - Fill with Deputy Chief

3. Deputy Chief Availability: Sign-Up

• Yes - Fill with Deputy Chief based on selection factor.

74 • No - Move to Mandatory Shift Fill

4. Mandatory Shift Fill: 96 Hour Maximum

• Mandate a Shift Battalion Chief based on the Mandate Rotational List o NOTE: 40 Hour Battalion Chiefs are EXEMPT from Mandates • If no Shift Battalion Chiefs are eligible - move to CONTIGENCY STAFFING

5. Contingency Staffing: 120 Hour Maximum

75 • Assignments will be made voluntarily (sign-up) or involuntarily (mandatory).

6. No Battalion Chief Eligibility: Rule Breaks

7. Rule Breaks: Shall occur in the following order of sequence:

o Trade Off Protection
o Trade Off Revocation
o Vacation Protection
o Vacation Revocation (Non-Annual Vacation Pick)
o Vacation Revocation (Annual Vacation Picks)

E.D. All vacancies will be filled using the procedures outlined above.

Exception: See Holiday Staffing

F.E. Battalion Chiefs may not act out of class anytime there is a mandatory assignment within their rank. Battalion Chiefs who were previously assigned to fill a Captain vacancy will be reassigned to the vacancy in their perspective rank, and the captain vacancy will be filled as outlined in their staffing policy.

G.F. Battalion Chiefs may not exceed 96 hours of continuous work, unless in Contingency Staffing, and must have a minimum of 12 hours off after any 120 -hour continuous work period, except in emergency situations as determined by the fire chief and/or their designee.

H.G. Personnel not available when assignment(s) are made are NOT entitled to the shift(s). This would include, but is not limited to, assignments on a Strike Team, previous alternate assignments, or injury with work restrictions.

I.H. Battalion Chief who has a signed release from a physician on record with the Deputy Chief is eligible for shift -fill, voluntarily or involuntarily effective from their release date.

J.I. A Battalion Chief returning from a Strike Team exceeding 48 hours shall have a minimum of 24 hours off and shall not work the next calendar day.

K.J. Individuals may be awarded voluntary shift fill for any portion of a 24 - hour shift unless they have indicated their availability otherwise in staffing.

NOTE: This does not prevent mandatory assignment for additional hours

L.K. Additional vacancies occurring under 6 days, will be filled using the procedure outlined above with the following exceptions:

1. Individuals assigned fewer hours than the vacancy(s) needing filled, who indicated their availability, will be assigned the shift(s) with the greater number of hours.

76 2. Mandatory Assignments will continue to be assigned on a rotational basis, using the mandate list. Upgrades will not occur unless it is necessary to prevent rule breaks.

3. Vacancies occurring 37 hours or less to the operational period will be filled using the same algorithm outlined above; however, the first person contacted shall be awarded the shift(s).

M.L. Promotions/ Long-Term Acting (ABC):

A newly promoted Battalion Chief will be assigned a selection factor commensurate with the highest factor in their perspective rank or classification, plus (I) one hour. A Captain assigned to a long-term acting assignment shall have their factor assigned as outlined above. Their factor in their respective rank will be locked. Upon returning to their rank all hours worked in the acting assignment will be added to their respective rank factor.

N.M. Finding Relief- Personnel may find relief for all, or part of their assigned shift(s), provided they follow the following procedure:

1. Contact personnel who have indicated their availability, who have been assigned fewer hours than the shift being offered; acceptance is voluntary.

2. Contact personnel who have indicated their availability, who have not yet been assigned shift fill - acceptance is voluntary.

3. Contact any remaining personnel within the rank - acceptance is voluntary.

4. Contact Deputy Chiefs - acceptance is voluntary.

O.N. Mandatory Shift Fill Relief:

1. Contact personnel within the rank - acceptance is voluntary.

2. Personnel are free to swap mandatory assignments.

3. Contact Deputy Chiefs - acceptance is voluntary.

4. Only one (1) individual, working a minimum of two (2) hours, will receive credit for the mandatory shift.

5. Individuals who find their own relief are EXEMPT from the mandatory assignment during the operational period in which they found relief. This applies only to the original agreement.

0. Sick Leave - BC's must notify the Staffing Captain between 1900-2000 or the morning of, or between 0630-0700 hours, of their need to use sick leave. Battalion Chiefs using sick leave will be placed off for both operational periods (48 hours). If the BC is well enough to return to work for the second operational period, they must contact the Staffing Captain between 1900 -2000 hours the night before the second shift. In the event the Staffing Captain is unavailable, contact the designated Staffing Battalion Chief.

EXCEPTION: The use of family sick leave or sick leave for medical appointments can be used for actual time needed. The use of sick leave for medical appointments requires approval from the Fire Chief or their designee.

77 P. Trades-Refer to MOU Section 6.1

Employees may request Trades for any duration, with any employee in the same rank and working the same schedule-c

Under normal staffing operations, personnel off on approved trade(s) for not less than 12 hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift.

EXCEPTION: See Holiday Staffing

Q. Vacation- Refer to the MOU Section 9.0

Under normal staffing operations, personnel off on approved vacation for not less than twelve (12) hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift.

EXCEPTION: See Holiday Staffing

Employees may request vacation outside the twelve (12) or twenty -four (24) use requirements, provided they provide the name of their relief. This is a one-one agreement, and not subject to upgrades as outlined in Section H.

R. Holiday Staffing- Holidays will be filled as
follows: July 4- June 4
Thanksgiving - October 25
Christmas Eve & Christmas Day - November 25 (Christmas Day filled 1st)

Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 - January 5. Vacation must be canceled prior to the vacancy being filled during this same period.

Approved trades of any duration during this same period DO NOT provide mandate protection.

S. Emergency Relief:

1. Personnel who determine a personal emergency will preclude them from remaining on­ duty, will advise the Deputy Chief(s)

2. Notification will include the nature of the emergency, anticipated time off needed, and whether they will be able to return to work.

3. Personnel may elect the use of family sick leave or secure a trade or vacation with identified relief.

4. Personnel shall remain on-duty until their replacement arrives, unless the nature of the emergency require immediate release (Deputy Chief approval)

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

78 T. Out of Class Work Trial Period- MOU Section 5.9

Both parties have agreed to a one (1) year trail period that allows a Battalion Chief to fill vacancies in the Captains Rank; AND Deputy Chiefs to fill vacancies in the Battalion Chief Rank, ONLY to minimize and/or prevent mandatory shift fill. As a result, several procedural changes relative to this Staffing Policy were implemented. At the conclusion of the one (1) year trial period, Out of Class Work will end, unless mutually agreed to by the fire chief and local 1974 to extend the trail period.

If the trial period is extended, the department and local agree to work on developing position task books for Fire Captains, Battalion Chiefs, and Deputy Chiefs. The goal of these task books is to provide qualification tracks for short-term acting of Captains to Battalion Chiefs, Battalion Chiefs to Captain, and Deputy Chiefs to Battalion Chiefs. The completion of these task books would prepare and qualify personnel for an out of class work assignment. Battalion Chiefs and Deputy Chiefs who are promoted internally would not be required to complete Position Task Books for out of class assignments. Captains would need to have successfully completed the Battalion Chiefs Promotional Exam and be placed on the active eligibility list for Battalion Chief.

If the trial period is terminated, Deputy Chiefs will no longer be eligible to work out of class in the Battalion Chief Rank; AND Battalion Chiefs will no longer be eligible to work out of class in the Captains Rank, EXCEPT to prevent station closures, resulting from the lack of available Fire Captains.

Introduction of Proposed MOUs Between the Livermore-Pleasanton Fire Department and theIAFF Battalion Chiefs and Firefighters AssociationsCity Council Meeting: July 15, 2025 Background and Negotiation Timeline-Battalion Chiefs

Background and Negotiations Timeline-BCs3 year MOU between the IAFF-Battalion Chiefs and the City expired on June 30, 2025April 29, 2025 to June 12, 2025Cities and Battalion Chiefs engaged in 5 negotiation meetingsJune 12, 2025 Cities and Battalion Chiefs reached a total tentative agreement for a successor MOUJune 26, 2025Battalion Chiefs ratified the total tentative agreement Principal Terms of Successor MOUBattalion Chiefs

Principal Terms of the Successor MOU-BCs
Term3 years ( July 1, 2025 to June 30, 2028)Salary Increases July 1, 2025-Zero percent July 1, 2026-3%July 1, 2027-3%Administrative LeaveReduction in Administrative Leave payEffective January 1, 2026- 40 hoursEffective January 1, 2027-eliminated Uniform Allowance Effective 7/1/2025:Increase from $1,000 to $1,200 annuallyClass B uniform shirt annual replacementRetiree Health SavingsIncrease City contribution $75 per month to $150 per monthShift Management PayEffective 7/1/2027, Increase from 7.5% to 8%Stipend Coverage Pay Increases by 3% each year7/01/2025- $897/01/2026- $927/01/2027- $95 Fiscal Impact of Successor MOUBattalion Chiefs

Fiscal Impact of Successor MOU-BCsImpact on LPFD budget over the three-year term is $231,000 through June 2028The cost is shared by Livermore and Pleasanton$115,500 over the three-year contract period.

Background and Negotiation Timeline-Fire Suppression and Prevention

Background and Negotiations Timeline- Fire Association3 year MOU between the Fire Association and the City expired on June 30, 2025May 1, 2025 to June 13, 2025Cities and Fire Association engaged in 5 negotiation meetingsJune 13, 2025 Cities and Fire Association reached a total tentative agreement for a successor MOUJune 30, 2025Fire Association ratified the total tentative agreement Principal Terms of Successor MOUFire Association

Principal Terms of the Successor MOU-Fire Association
Term4 years ( July 1, 2025 to June 30, 2029)Salary IncreasesJuly 1, 2025-3%July 1, 2026-3%July 1, 2027-3%July 1, 2028-3.75%Education Incentive-Alignment with other City represented and unrepresented groups Conversion From Flat Rate to Percentage2026-2.5% for all levels2028-2.5%for AA/AS and 60 semester credits5%for BA/BS and Masters Paramedic of RankEffective July 1, 2028, increase Premium Pay:Engineers: from 3.55% to 4.5%Captains: from 3.2% to 4.5%Longevity PayJuly 1, 2025-1%after 8 years of serviceJuly 1, 2027-2% after 8 years of service2.5% after 12 years of serviceJuly 1, 2028-2%after 8 years of service4%after 12 years of service Fiscal Impact of Successor MOUFire Suppression and Prevention

Fiscal Impact of Successor MOU- Fire Suppression and PreventionImpact on LPFD budget over the four-year term is approximately $8.63M through June 2029The cost is shared by Livermore and Pleasanton$4.3M over the four-year contract period.

Next StepsJuly 28, 2025Livermore City Council meeting to approve MOUAugust 19, 2025Pleasanton City Council meeting to approve MOU

QUESTIONS

Item #23.b

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, WITH TERM ENDING JUNE 30, 2029

SUMMARY
The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 (IAFF) expired on June 30, 2025. Representatives from IAFF 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 IAFF 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 (IAFF, or the Union) represents a total of 108 sworn fire personnel, which includes 102 suppression and six prevention 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 May 1, 2025, representatives of the partner cities and representatives of IAFF 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, 2029.

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.

A recent compensation study showed that the classifications represented in this bargaining unit were substantially below the market for comparable agencies. In addition, other local

agencies have offered other notable incentive pays to recruit and retain staff. These actions underscore the increasingly competitive market in which attracting and retaining qualified personnel has become challenging due to limited candidate availability and high demand. To ensure the City remains competitive, general wage increases and incentives are necessary to support the evolving challenges of public safety staffing and keep pace with market conditions.

The significant outcomes of the negotiations include:

1. Term of Agreement: The term of the proposed agreement is four years, effective as of July 1, 2025, with an expiration date of June 30, 2029.

2. General Wage Increases:
a. July 1, 2025: 3%
b. July 1, 2026: 3%
c. July 1, 2027: 3%
d. July 1, 2028: 3.75%

3. Longevity Pay:
a. Effective the first full pay period after July 1, 2025, employees shall be eligible for 1% Longevity Pay beginning the first full pay period following the completion of eight (8) years of service with the LPFD.

b. Effective the first full pay period after July 1, 2027 employees shall be eligible for 2% Longevity Pay beginning the first full pay period following the completion of eight (8) years of service with the LPFD and 2.5% Longevity Pay beginning the first full pay period following the completion of twelve (12) years of service with the LPFD.

c. Effective the first full pay period after July 1, 2028, employees shall be eligible for 2% Longevity Pay beginning the first full pay period following the completion of eight (8) years of service with the LPFD and 4% Longevity Pay beginning the first full pay period following the completion of twelve (12) years of service with the LPFD.

The above-mentioned incentive pay is not cumulative. Employees receive the level of compensation that corresponds to their total length of service with the LPFD.

4. Educational Incentive: Effective the first full pay period following July 1, 2026 employees who complete qualifying courses or attain the identified degrees shall receive educational incentive pay on a monthly basis as a percentage of base pay as follows:

Sixty (60) or more accredited college from $50/month to 2.5% semester units-at least twenty-four (24)
units must be in fire science

AA (Associate of Arts)/AS (Associate from $100/month to 2.5%

of Science) Degree in Fire Science

BA (Bachelor of Arts)/BS (Bachelor from $150/month to 2.5% of Science) Degree

Masters/PhD (Doctor of Philosophy) from $175/month to 2.5%

Effective the first full pay period following July 1, 2028 employees who complete qualifying courses or attain the identified degrees shall receive educational incentive pay on a monthly basis as a percentage of base pay as follows:

BA/BS Degree increase from 2.5% to 5.0%

Masters/PhD increase from 2.5% to 5.0%

The above education incentive pay is not cumulative. Employees receive the level of compensation that corresponds to their highest level of educational achievement.

5. Paramedics of Rank: Effective the first pay period following July 1, 2028, Paramedic of Rank pay will increase from 3.55% for Engineers and 3.2% for Captains to 4.5% of the employee’s base salary. Paramedics of Rank are LPFD Engineers and Captains who have maintained a paramedic certification and can be assigned to serve as Company Paramedics when necessary. When assigned as a paramedic, these employees will receive 10% of their base pay only, and not the additional Paramedic of Rank pay.

3. Temporary Assignment: The City and the Union have agreed to allow a fire suppression employee to serve in special assignments on a voluntary basis at the Fire Chief’s discretion. Suppression personnel assigned to a 40-hour Staff Temporary Assignment position of any rank shall be compensated 12.5% above their base compensation pay. The duration and duties of the assignment will be mutually agreed upon by all parties.

4. Vacation Sell Back: Effective October 1, 2025, the ability to sell back vacation hours will cease. 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 until such time as the balance falls below the cap. Employees who are on industrial or paid non-industrial leave will continue to accrue vacation leave for up to one year following the commencement of the leave, and all such vacation leave accrued over the maximum accumulation will be paid out as taxable income upon the conclusion of the leave.

5. Grievance Procedure: The City and the Union have agreed to eliminate the requirement of convening a review board to provide recommendations/findings prior to the Union’s appeal process.

6. Lateral Employment: Defines length of probationary period, promotional appointments, and long-term acting assignments for those who qualify as lateral employees with prior fire service experience.

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 $8.6M through June 2029. This cost is shared between Livermore and Pleasanton. The portion of Pleasanton’s obligation for the term of the agreement is approximately $4.3M over the four-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 MOU with track changes

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

MEMORANDUM
OF

UNDERSTANDING
JANUARY JULY 1, 2022 2025 – JUNE 30, 20252029
ATTACHMENT 1

ii
Table of Contents
Section 1. Recognition .......................................................................................................... 1 Section 2. Union Security ..................................................................................................... 1 Section 3. No Discrimination ................................................................................................ 5 Section 4. Union Representatives ........................................................................................ 5 Section 5. Salaries ................................................................................................................. 5 Section 6. Hours of Work, Shift & Station Assignments .................................................. 11 Section 7. Overtime ............................................................................................................. 13 Section 8. Department Related Court Time ....................................................................... 17 Section 9. Holiday Pay ........................................................................................................ 17 Section 10 Documentation Regarding Organized Mess .................................................... 13 Section 11 Fire Prevention Certificate Pay ......................................................................... 18 Section 12 Paramedic Program and Compensation .......................................................... 19 Section 13 Vacations ............................................................................................................ 22 Section 14 Sick Leave .......................................................................................................... 26 Section 15 Leaves ................................................................................................................ 28 Section 16 Health and Welfare ............................................................................................ 31 Section 17 Retirement .......................................................................................................... 39 Section 18 Fire Inspectors ................................................................................................... 40 Section 19 Uniforms ............................................................................................................. 40 Section 20 Credit Union ....................................................................................................... 41 Section 21 Tuition Reimbursement ..................................................................................... 41

iii
Section 22 Probationary Period .......................................................................................... 44 Section 23 Promotion, Demotion and Long-Term Acting Assignments ......................... 45 Section 24 Resignation, Reinstatement and Layoff........................................................... 47 Section 25 Discipline ............................................................................................................ 48 Section 26 Grievances ......................................................................................................... 48 Section 27 Medical Examination ......................................................................................... 51 Section 28 Outside Employment ......................................................................................... 53 Section 29 Disability Accommodations ............................................................................. 53 Section 30 Miscellaneous .................................................................................................... 53 Section 31 Hazardous Material Response Team ............................................................... 56 Section 32 Separability of Provisions ................................................................................. 57 Section 33 Existing Memorandum of Understanding ........................................................ 58 Appendix A ........................................................................................................................... 59 Salary Schedules ............................................................................................................... 59 Appendix B ............................................................................................................................. 63 Catastrophic Leave Policy ................................................................................................ 63

Appendix C…………………………………………………………………………………………….52

General Order 200.01 Staffing Policy ……………………………………………………......52

Appendix D …………………………………………………………………………………………..60

Substance Testing Policy...……………………………………...……………………………...60

1 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, 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 January July 1, 2022 2025 and ending on June 30th 30, 20252029.

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 Fire Employees Unit comprised of the classifications of Firefighter, Fire Engineer, Fire Captain, Fire Inspector and Hazardous Materials Inspector 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

2 Employer shall promptly remit the total amount deducted, together with a list identifying each employee 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 deductions during the first full pay period following notification of such change by the Union.

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 E mployer 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 required 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 (15th) day 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 DepartmentLPFD for the purpose of complying with any of the provisions of this check- offdues deduction agreement. In addition, the Union shall refund to the Livermore- Pleasanton Fire DepartmentLPFD 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 Fire Employees 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 preclu des 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.

3 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 tha t 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

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 Fire Employees 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. Fire Station Visits

Any Union representative shall give notice to the Fire Chief when visiting employees at their assigned fire stations 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.

4 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.

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

5 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 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 representation 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 DepartmentLPFD. 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 Rates of Pay

The salary ranges for all employees as set forth in Appendix A represent, for each classification, the base rate of pay for full -time employment . The salary ranges do not include overtime compensation, specialty pay and other benefits specifically provided by the Employer as outlined in this MOU.

Effective the first full pay period following July 1, 2025 ( July 5, 2025), all classifications in the bargaining unit salaries shall be increased by 3%.

Effective the first full pay period following July 1, 2026 ( July 4, 2026), all classifications in the bargaining unit salaries shall be increased by 3%.

Effective the first full pay period following July 1, 2027 ( July 3, 2027), all classifications in the bargaining unit salaries shall be increased by 3%.

Effective the first full pay period following July 1, 2028 ( July 1, 2028 ), all classifications in the bargaining unit salaries shall be increased by 3.75%.

Effective the first pay period following Union ratification of this MOU, the salary ranges of all classifications covered by this MOU shall be increased by five and one-half percent (5.5%).

6 Effective the first pay period on or after January 1, 2023 (January 7, 2023), the salary ranges of all classifications covered by this MOU shall be increased by three and one-half percent (3.5%).

Effective the first pay period on or after January 1, 2024 (January 6, 2024), the salary ranges of all classifications covered by this MOU shall be increased by three percent (3%).

Effective the first pay period on or after January 1, 2025 (January 4, 2025), the salary ranges of all classifications covered by this MOU shall be increased by one percent (1%).

7 5.2 Entrance Salary

Employees entering Department service shall be placed at step 1 of the salary range for the classification to which they are appointed. When circumstances warrant, the Fire Chief may authorize initial appointment or reinstatement to a salary step that is greater than the minimum rate for the classification.

5.3 Conversion of Pay Rates

Monthly salaries may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the Fire Chief, such a conversion is advisable. In determining the equivalent amounts on a different time basis, the Fire Chief shall provide tables for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

5.4 Salary Step Advancement

Permanent and probationary employees shall be advanced one salary step in their respective classifications after satisfactory completion of full -time service, until they reach the top step of the applicable salary range. (See timetable below). No salary advancement shall exceed the top step established for the employee’s respective classification.

Advancements shall not be automatic but shall require satisfactory service to the Department as recommended by the Fire Chief. Changes in an employee’s salary because of promotion or demotion to a new classification with a new salary range will establish a new salary anniversary date for an employee. Advancement to higher steps within the salary range of an employee’s existing classification will not establish a new salary anniversary date in the employee’s existing classification.

Salary Step Advancement Timetable

Firefighter Step 1 to Step 2 After 6 months of full-time satisfactory service at Step 1 Firefighter Step 2 to Step 3 After 6 months of full-time satisfactory service at Step 2 Firefighter Step 3 to Step 4 After 6 months of full-time satisfactory service at Step 3 Firefighter Step 4 to Step 5 After 12 months of full-time satisfactory service at Step 4 Firefighter Step 5 to Step 6 After 12 months of full-time satisfactory service at Step 5 Fire Engineer Step 7 to Step 8 After 12 months of full-time satisfactory service at Step 7 Fire Captain Step 9 to Step 10 After 12 months of full-time satisfactory service at Step 9 Fire Inspector Step Advancement After 12 months of full-time satisfactory service at each step Hazmat Inspector Step Advancement After 12 months of full-time satisfactory service at each step

8 5.5 Salary Step When Salary Range Increases

Whenever the monthly salary schedule for a classification is adjusted, each incumbent shall be placed at the same salary step in the revised salary range that corresponds to the step held by the employee in the previous salary range for their classification.

5.6 Acting Compensation

When an employee is assigned to act in a classification with a higher salary range, that employee's acting rate of pay shall be established as follows:

A. The pay rate for an employee, who has passed the promotional examination and is on an active eligible list for the “acting” assignment in the higher classification will be the same as if the employee had been promoted.

B. An employee who is serving in an acting assignment and who performs overtime work during the time worked in the acting assignment, will receive pay for such overtime work at the rate of one and one -half (1.5) times the compensation received for the acting assignment.

5.7 Salary Step After Change in Classification

When an employee is promoted from a position in one class ification to a position in a higher classification, the employee shall receive the minimum rate for the higher class ification; provided, however, that such rate is at least five percent (5%) above the employee’s current wage rate.

When a Hazardous Materials Response Team member is being promoted, the five percent (5%) Haz-Mat pay (see MOU section 31.2) will be considered in calculating the five percent (5%) minimum pay increase . However, the promoted employee will not be eligible for Haz -Mat compensation until 12 months after promotion. (For example, a fire Fire engineer Engineer at step 8 of the wage scale and on the Hazardous Materials Response Team would be placed at step 10 of the fire Fire captain Captain wage scale and would not be eligible for Haz -Mat compensation until 12 months after promotion.)

An employee moving fr om the firefighter paramedic classification to the fire engineer classifications will be placed at step 8 of the fire engineer pay scale.

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 class ification 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.

9 5.8 Acting Fire Marshal Compensation

If both the Fire Marshal and Assistant Fire Marshal are physically unavailable, the Fire Chief may assign a Fire Inspector or Hazardous Materials Inspector to serve as Acting Fire Marshal.

Employees assigned as the Acting Fire Marshal will receive acting pay of 5% of their current base hourly wage for each hour worked as Acting Fire Marshal.

5.9 40-Hour Staff Temporary Assignment Pay

The Fire Chief may assign a fire suppression employee to serve in special assignments on a voluntary basis. The duration and duties of the assignment will be mutually agreed upon by all parties.

Suppression personnel assigned to a 40-hour Staff Temporary Assignment position of any rank shall be compensated twelve and one-half percent (12.5%) above their base compensation pay. 40 -Hour Staff Temporary Assignment pay will not be calculated towards the cumulative incentive cap. The following incentive pay will be retained for employees currently receiving the incentive pay in their current classification in addition to the temporary assignment pay:

• Paramedic Pay
• Education Incentive Pay
• Paramedic of Rank
• Bilingual Pay
• Longevity Pay
• Haz-Mat Pay

Any authorized time worked in excess of the employee's regular 40-hour workweek shall be considered overtime. Overtime compensation shall be compensable at the rate of one and one-half (1.5) times the employee's eight -hour rate of pay plus twelve and one-half percent (12.5%).

Suppression personnel assigned to a 40-hour Staff Assignment position are available for shift fill overtime and will be compensated at one and one-half (1.5) times the employee's 24-hour rate of pay. Rules are as follows:

1. Shift overtime cannot conflict with the 40-hour schedule.

2. May obtain overtime through current staffing policy

3. Mandate exemption until after the 120-hour rule break and before Trade-Off Protection

4. Personnel must be available for all hours of the shift available.

10 5.9 10 Cumulative Incentive Allowance Limitation

Effective August 1, 2007 July 1, 2025 , there will be a cap of fifteen seventeen and one -half percent ( 1517.5%) for all incentive allowance categories over and above base salary. This includes, but is not limited to: acting pay, paramedic of rank pay, hazardous Hazardous materials Materials team pay, longevity pay, and educational Educational incentive Incentive pay. This cap applies for all hours worked in a pay period, a month , or annually. Flat dollar amount pays including bilingual, uni form allowance, and “Holiday in Lieu” pays are not considered with regards to this cap.

The Cumulative Incentive Allowance Limit will be waived for the duration of this contract.

5.10 11 Bilingual Pay

Employees certified as competent at the conversational level in Spanish, Vietnamese, Arabic (including Persian, Iranian and Farsi), Chinese, Cambodian, Sign Language and other languages as determined by the Fire Chief, shall receive forty -five dollars ($45) per pay period for each full pay period they remain certified. Employees receiving bilingual pay are subject to periodic recertification as a condition of receiving such payments.

Competency at the conversational level shall be determined in accordance with the City of Livermore’s existing process for certifying other employees in the above-referenced languages.

5.12 Longevity Pay

Effective the first full pay period following July 1, 2025 (July 5, 2025), employees shall be eligible for 1% Longevity Pay beginning the first full pay period following the completion of 8 years of service with the LPFD.

Effective the first full pay period following July 1, 2027 (July 3, 2027), employees shall be eligible for 2% Longevity Pay beginning the first full pay period following the completion of 8 years of service with the LPFD, and 2.5% Longevity Pay beginning the fir st full pay period following the completion of 12 years of service with the LPFD.

Effective the first full pay period following July 1, 2028 (July 1, 2028), employees shall be eligible for 2% Longevity Pay beginning the first full pay period following the completion of 8 years of service with the LPFD, and 4% Longevity Pay beginning the first full pay period following the completion of 12 years of service with the LPFD.

The above longevity incentive pay is not cumulative . Employees receive the level of compensation that corresponds to their total length of service with the LPFD.

11 Section 6. Hours of Work, Shift & Station Assignments

6.1 Work Schedules

The regular work schedule for employees in the classifications of Firefighter, Fire Engineer, and Fire Captain shall be the 48/96 shift schedule worked in accordance with the following chart:

X = 24 hour on-duty period
O = 24 hour off-duty period

XXOOOOXXOOOOXXOOOOXXOOOO

The above work schedule results in an average of 56-hours worked per week. The parties have agreed to the 24-day FLSA duty cycle.

The Fire Chief may from time to time temporarily assign personnel working the 48/96 shift schedule to other than their regular duty periods or schedules. The Fire Chief may assign such employees to a forty (40) hour workweek schedule so that the employee may attend training courses, conferences and/or meetings.

6.1.1 Work Schedule for Fire Prevention Personnel

The normal work schedule for Local 1974 Union represented fire prevention positions is a Monday through Friday, forty (40) hour work week consisting of five consecutive eight (8) hour days or eighty (80) hours in a pay period. This is the same basic schedule used by the partner cities for normal office hour positions. Holidays will be per the holiday schedule set forth elsewhere in the MOU.

6.1.2 Alternative Work Schedules for Fire Prevention Personnel

Fire Prevention personnel may be offered alternative work schedules. Such work schedules may be a “9/80”or “4/10” schedule or flexible start and end times, lunch periods or days off. The Fire Chief will determine the availability of alternative work schedules. Fire Prevention personnel may bid the schedules established by the Fire Chief based on seniority. Alternative work schedules can only be offered under three conditions:

A. Any such schedule must meet all Employer payroll department policies.

B. Any such schedule can be approved only if it does not negatively impact Fire Prevention Bureau customer service. The Fire Chief shall make the final determination on the approval of alternative work schedules.

C. The Fire Chief will make alternative work schedules available equally to all Union represented personnel. If that cannot be done, or if one team member protests the impacts of some personnel having alternative work schedules, the Fire Chief will rotate the availability of alternative work schedules by seniority, per City payroll policy, or cancel their use altogether.

12 6.2 Exchanges of On-Duty Time (Shift Trades)

Trades of on-duty time shall be permitted between employees of the same rank There shall be no limit to the number of trades per month, except that 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 may not use trades to alter or change their work schedule s except for a “mutual” as provided in Section 6.3.

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 Engineer may work as a Firefighter, and a Captain may work as a Firefighter or an Engineer depending on the rank from which the employee was promoted. Employees must resolve owed trades within ninety (90) calendar days from the date of promotion.

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 on -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 on-duty chief officer 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.

6.3 Shift and Station Assignments

Assignment to a specific shift and/or station shall be made through the bid system. Bids shall be made in descending order of rank beginning with the rank of captain. Within each rank, bids shall be made by seniority. Shift and/or station openings shall be announced via an Information Bulletin to all members and filled through the bidding procedure described in the department policy.

Station bidding shall be on a rank for rank basis, in descending order of rank seniority.

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 assignment s.

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.”.

All “Mutuals” shall be submitted in writing to the Deputy Chief of Operations.

13 Employees assigned as paramedics may only change assignments with other employees assigned as paramedics. Mutuals shall be considered trades between the employees involved.

Only one mutual between parties will be allowed for the specific period of time. Members will not be allowed to participate in more than one mutual at a time.

Assignments properly bid will be permanent unless openings occur. All openings will be bid department wide using the department policy. In the event a station opens or closes, or there is a change in the deployment model, all affected personnel shall have the ability to re-bid following the department policy.

The Fire Chief, and/or designee, may administratively reassign shift/station assignments which result in a displacement for up to 20 shifts per occurrence to meet Department needs. This shall not apply to probationary employees or to administrative moves not resulting in displacement of another employee.

Section 7. Overtime

7.1 Payment

An employee Employees who is are assigned to work after completion of his/hertheir regular shift or who is are assigned to work to fill a shift or portion thereof outside his/hertheir regular duty shift, shall be entitled to overtime compensation for all hours so worked, provided, however, that the overtime payment shall be computed at one and one -half (1-1/2) times the employee's 24-hour rate of pay in 15-minute increments as follows:

Overtime Worked Paid As
1 through 15 minutes 15 minutes
16 through 30 minutes 30 minutes
31 through 45 minutes 45 minutes
46 through 60 minutes 60 minutes
61 through 75 minutes 75 minutes
etc.

An employee assigned to work outside his/hertheir regular shift to attend a meeting or participate in training shall be entitled to overtime compensation for all hours so worked, provided, however, that the overtime payment shall be computed at one and one -half (1-1/2) times the employee's eight hour rate of pay in fifteen (15) minute increments as set forth in the previous table.

Strike team overtime compensation shall be at the 24 hour overtime rate for all of the time spent on the Strike Team assignment.

An employee held over past the completion of his/hertheir shift due to a trade will be compensated for overtime at that employee’s overtime rate.

An employee having completed his/hertheir regular duty shift and called back to work from home because of an emergency incident shall, upon reporting to work within a reasonable time after

14 notification and commencing with the time of notification, receive not less than four hours overtime compensated at one and one -half (1 and 1/2 1.5) times his/hertheir twenty-four (24) hour rate of pay.

A reasonable time is defined as drive time from home plus ½ hour, unless otherwise approved by the duty chief.

7.2 Procedures For Filling Absences:

Overtime shall be determined and filled pursuant to Department policy and the provisions of this MOU.

7.3 Overtime Compensation

Overtime shall be paid in accordance with the contractual overtime provisions of this MOU and the Fair Labor Standards Act (“FLSA”) at any time the FLSA applies to municipal governments.

A. Suppression/FLSA 7(k) Exempt Employees:

Any authorized time worked in excess of the employee’s regular shift schedule (i.e. contractual overtime) or the maximum hours threshold for a 24 day FLSA work cycle shall be considered overtime.

B. Fire Prevention personnel/40 Hour Employees:

B.1. Any authorized time worked in excess of the employee’s regular workweek shall be considered overtime. Overtime compensation shall be compensable at the rate of one and one -half (1.5) times the employee’s regular straight time rate of pay.

B.2. Fire Prevention personnel have the option to accrue compensatory time off in lieu of overtime pay at the rate of one and one -half (1.5) hours for each hour worked. Compensatory time may be accrued but the total balance may not exceed one hundred and twenty (120) hours at any time.

Compensatory time off may be taken in lieu of overtime payment in accordance with the FLSA. Such time off shall be mutually agreeable to the employee and the supervisor taking into account (a) the normal schedule of work, (b) the anticipated peak hour workload based on past experience and (c) any emergency requirements for staff and services. Once an employee has accrued one hundred and twenty (120) hours of compensatory time off, the employee shall be paid for overtime worked until such time as the balance drops below the cap. With written notice prior to June 1 st and December 1st of each year, an employee may request to have all accrued compensatory time off paid to the employee on a separate payroll check.

Employees will not be permitted to cash out accrued and unused compensatory time until separation of employment with the City.

15 B.3. Fire Prevention personnel who are called back or otherwise requested to respond after 2200 hours shall be allowed to delay their normal start time by the number of hours worked after 2200, if scheduled to work the same or next day. An employee shall be required to work a full shift, regardless of starting time.

B.4. Fire Prevention personnel who are called back or otherwise requested to respond after completing their regular work day shall receive a minimum of two (2) hours call back pay at one and one-half (1.5) times their regular rate.

The call back minimum is paya ble even if the employee is cancelled en - route.

C. Suppression Employees Overtime Record:

The Fire Department shall provide the current overtime selection factor for each suppression employee per the on-line records management system.

D. Rank-for-Rank Overtime:

The Department agrees that any day to dayday-to-day vacancies, not covered in MOU Section 23C, overtime will be assigned on a rank-for-rank basis unless an individual of equal rank is not available to fill the position; then a pre-signed up qualified actor will be used to prevent a mandate or prevent the breaking of staffing rules. These Short-Term Acting assignments are intended to fill day-to-day vacancies that are for 10-shifts or less. If there is no one available through the pre- sign-up system, then mandatory overtime within the rank will be utilized. The operational procedures of acting assignments are outlined in department Department policy.

In the case of an emergency and an officer and/or fire engineer is unavailable to be contacted, an acting assignment may be used to fill these ranks. The procedures pertaining to the selection of the employee for an acting position shall be followed. (See Section 23.A. of this M.O.U.).

Nothing in the MOU shall be construed to prevent the Department from filling short term day-to-day vacancies with available on-duty relief pool/overstaff personnel within rank/classification on a non-overtime basis. The Parties agree that LPFD may implement General Order 200.01 attached as Appendix D to this contract.

7.4 Overtime Maximum Limit

Effective August 1, 2007, the maximum amount of shift-fill overtime will be eliminated.

The Fire Chief will determine whether shift -fill overtime is limited to a specific number of shifts per month or year. Any such decision shall be based solely on safety concerns, operational need and the existence of unusual occurrences that may require the Department to extend personnel resources. Any decision to limit shift -fill overtime shall be discussed with the Union prior to implementation.

16

17 Section 8. Department Related Court Time

Employees who are required to appear in court during their off-duty time to testify about a work- related matter shall be compensated at the ir eight (8) hour overtime rate for all such time and shall receive a minimum of three (3) hours for court appearances in any assigned local court serving the cities of Livermore and Pleasanton (currently the East County Hall of Justice in Dublin) and four (4) hours for court appearances outside the assigned local court serving the cities of Livermore and Pleasanton.

Section 9. Holiday Pay

9.1 Holiday In Lieu

Employees assigned to twenty -four (24) hour shift schedules shall receive holiday in lieu pay without regard for when holidays occur or whether such employees actually work on recognized holidays. This compensation shall be seven and one -half percent (7 .5%) of the employee's base salary at time of payment, plus special compensation as defined by CalPERS; except PERS-ablepensionable FLSA overtime, uniform allowance, EPMC, and exclusive of any overtime. Holiday in lieu pay shall be paid on a prorated and bi-weekly basis. Holiday in lieu pay will be reported as special compensation 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 Cal ifornia Government Code and the CalPERS regulations as amended.

9.2 Observed Holidays

The following holidays are observed for personnel not normally scheduled or expected to work on recognized holidays. Such employees are permitted to be off work on observed holidays without the loss of pay and do not qualify for the h oliday 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

18 9.3 Work on a Holiday-Fire Prevention Personnel

If the Fire Chief, or the Fire Chief’s designee, determines the employee’s services are required on an observed holiday, the employee shall receive overtime compensation for all hours worked on the holiday.

9.4 Floating Holiday

Fire Prevention personnel will receive three (3) floating holidays per year with pay as follows:

Floating holidays for eligible employees shall be credited and taken in accordance with the regulations set forth in this section. Each payroll calendar year, eligible employees will be credited with floating holidays at the rate of 24 (twenty -four) hours for each 40-hour employee per year. Employees not in a pay status at the beginning of the payroll calendar year will not be credited with floating holidays until their return to work. In such cases, floating holidays will be prorated for the year once the employee returns to work. New employees who join the City after the start of the calendar year will receive floating holidays on a prorated basis.

Floating holidays are not cumulative and must be taken in the same calendar year credited and do not accumulate or carry over to subsequent years.

Section 10. 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 performe d 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 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 11. Fire Prevention Certificate Pay

Fire prevention personnel hired after July 1, 2012 shall receiv e an additional four percent (4% ) of base salary for obtaining the California Fire Service Training and Education System Fire Prevention Officer (Level 1) certificate.

19 Section 12. Paramedic Program and Compensation

12.1 Program Description

The Department intends to maintain advanced life support ( “ALS”) capability through the assignment of one (1) designated Firefighter/Paramedic on each Engine Company and each Truck Company . Employees hired as Firefighter/Paramedics must maintain their paramedic licenses and participate in the paramedic program as a condition of employment, unless allowed to withdraw from the program in accordance with Section 12.3 below.

12.2 Paramedic Staffing

Minimum paramedic staffing shall consist of one assigned Firefighter/Paramedic per Company.

12.3 Withdrawal Process

Firefighter/Paramedics are expected to maintain their paramedic licenses and participate in the paramedic program unless the Fire Chief approves their withdrawal from the paramedic program in accordance with the following procedure:

A. Paramedics must serve a minimum of five (5) years in the paramedic program absent extraordinary circumstances. Paramedics who seek to withdraw from the paramedic program after five (5) years of paramedic service in the program shall advise the Fire Chief of their desire to do so six (6) months in advance.

B. The Department shall maintain a sufficient number of paramedics to satisfy the minimum paramedic staffing requirement and to meet operational needs. A verified ability to staff the minimum need must exist before any employee is allowed to leave the paramedic program.

C. In the event that there are multiple requests for withdrawal from the paramedic program, priority shall be based on Department seniority regardless of rank.

D. Paramedics wishing to leave the program must either maintain their paramedic license or obtain an Alameda County EMT certification prior to withdrawal and maintain this certification as a condition of employment.

E. Paramedics who promote to a higher rank may maintain their paramedic licenses.

The Department agrees to cover the costs of licensing and continuing education as outlined in Section 12.4 of this MOU.

12.4 Paramedic Licensing and Continuing Education

Paramedics are responsible for maintain ing their paramedic licenses and fulfilling all state and county licensure, accreditation and continuing education requirements.

20 The Department will pay all fees and cost associated with paramedic licensure and accreditation for all employees in the paramedic program, including application and licensure fees tuition and textbooks for required courses and certifications, and approved overtime to complete continuing education classes outside an employee’s normal working hours.

The Department agrees to provide on duty continuing education classes whenever possible.

12.5 Paramedic Pay

Paramedics will receive additional compensation while serving in the assignment. Effective the first full pay period following Union ratification of this MOU, t he compensation received shall be equal to ten percent (10%) of the employee’s base pay (“paramedic premium pay”).

Paramedics who promote to Engineer or Captain (i.e. paramedics of rank) will receive paramedic premium pay only when assigned or serving as the Company paramedic, not the additional four- percent (4%) paramedic of rank premium as noted below . Effective the first full pay period following Union ratification of this MOU, paramedics of rank who maintain their paramedic licenses and participate in the paramedic program will receive an additional four percent (4%) of top step Firefighter base monthly pay.

12.6 Paramedic of Rank Incentive Pay

Paramedics who promote to Engineer or Captain (i.e. paramedics of rank or “PMR”) will receive the following:

• Engineers who maintain their paramedic licenses and participate in the paramedic program will receive an additional three point-five-five percent (3.55%) of the employee’s base pay;
• Captains who maintain their paramedic licenses and participate in the paramedic program will receive an additional three-point two percent (3.2%) of the employee’s base pay.

Effective the first full pay period following July 1, 2028 (July 1, 2028), the PMR Incentive Pay will increase as follows:

• Engineers who maintain their paramedic licenses and participate in the paramedic program will receive an additional four and a half percent (4.5%) of the employee’s base pay;
• Captains who maintain their paramedic licenses and participate in the paramedic program will receive an additional four and a half percent (4.5%) of the employee’s base pay.

PMRs will receive the ten precent (10%) paramedic premium pay instead of the PMR pay only when assigned or serving as the Company paramedic. When another Company paramedic is assigned as the primary paramedic, the absence of that paramedic for any period o f less than four (4) hours (e.g., for training or transporting a patient on an ambulance) does not entitle the PMR to the paramedic premium pay.

21 If the assigned paramedic is absent for four (4) or more hours during a shift, the PMR will be paid paramedic premium pay for all hours they served as the Company paramedic.

22 12.67 Paramedic Preceptor/Field Training Officer (FTO) Pay

Paramedics who serve as preceptors/field training officers to paramedic students/trainees/interns shall receive sixty two dollars and fifty cents ($602.50) per shift hour when precepting/training a paramedic students/trainee/intern.

Section 13. Vacations

13.1 Vacation Eligibility

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

13.2.1 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 or more 17.14 hours

Accrued vacation leave shall be credited to each employee’s account biweekly.

13.3 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 four hundred thirty -two (432) hour cap, the employee will cease accruing additional vacation leave 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

23 the City Manager, or designee, for special consideration to carry over vacation balances beyond four hundred thirty-two (432) hours.

Effective September 1, 2025, when any employee reaches the maximum accumulation of four hundred thirty -two (432hours ) of accrued vacation leave while on a non -industrial leave of absence, the employee will continue to accrue vacation leave for up to one year following the commencement of the non -industrial leave and all such vacation leave accrued over the maximum accumulation will be paid out as taxable income upon the conclusion of the leave or after the end of the leave wh ichever is earlier. After one year from the commencement of the leave or after the employee’s leave ends, vacation leave will not accrue above the maximum accumulation. The vacation hours shall be paid out at the current pay rate of the employee.

Effective September 1, 2025, when any employee reaches the maximum accumulation of four hundred thirty-two (432hours ) of accrued vacation leave while on an industrial leave of absence, the employee will continue to accrue vacation leave for up to two years following the commencement of the industrial leave and all such vacation leave accrued over the maximum accumulation will be paid out as taxable income upon the conclusion of the leave or after the end of the leave which ever is earlier. After two years from the commencement of the leave or after the employee’s leave ends, vacation leave will not accrue above the maximum accumulation unless extended by the approval of the City Manager. The vacation hours shall be paid out at the current pay rate of the employee.

Effective September 15, 2012, any accrued vacation leave in excess of three hundred sixty (360) hours was placed in a separate Excess Vacation Bank for each affected employee. Employees shall be entitled to use the hours in the Excess Vacation Bank for vacation or for extended leave in the same manner as regular vacation hours. The hours shall be paid out at the pay rate of the employee when utilized.

13.4 Vacation Scheduling and Use
Vacation selection will be subject to the procedure stated in the department policy except for those areas specifically stated differently in this article.

A. During January of each year, employees shall be granted an opportunity to choose vacation 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 (based on Department seniority) 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 re quested vacation, provided the vacation shifts/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 con tinue 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.

24 B. For the annual scheduling done in January no more than seven (7) persons of any suppression rank are allowed to be off on vacation leave at any given time. Vacation requests by an eighth (8th) or additional person requires the requesting person to provide the name of the coverage person.

C. Employees may take vacation on Thanksgiving, Christmas Eve and Christmas Day after all shifts have been filled and they provide the name of the coverage person.

D. Fire suppression employees 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. Employees may take less than twenty-four (24) or twelve (12) hours provided they find their own coverage. However, the Fire Chief may approve vacation requests in less than twelve (12) hour increments to accommodate employee enrollment in job- related coursework or classes, or college or university courses. The courses or classes attended must be appro priate to employee development. The decision of the Fire Chief shall be final.

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. Fire Prevention Personnel will utilize a vacation scheduling program consistent with the process used for suppression personnel.

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

H. 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 on- duty chief officer must also be notified whenever vacation is cancelled less than six (6) days prior to the shift. Employees are allowed a maximum of six (6) vacation cancellations per calendar year with less than six (6) days’ advance notice.

I. The Fire Chief 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.

J. When an employee carries a negative balance no additional vacation may be taken until a sufficient number of vacation hours have been earned.

13.5 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

25 understand that if there is a deficit balance in their vacation leave accounts at termination, that deficit amount will be deducted from final compensation.

13.6 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.

26 Section 14. Sick Leave

14.1 Sick Leave Accrual – 56 Hour Shift Employees

All employees assigned to 56-hour work schedules shall earn paid sick leave at the rate of eleven and two -tenths (11.2) hours for each month of service while assigned to a 56 -hour work schedule. Probationary employees assigned to a 56 -hour work schedule wh o successfully complete their 18-month new employee probationary period shall receive a one-time lump sum credit of four hundred seventy and four-tenths (470.4) hours of paid sick leave in addition to the sick leave accrued during their probationary period . No additional accruals of sick leave will occur until the first pay period following the completion of five (5) years of service. Upon completion of five (5) years of service, every employee shall thereafter accumulate sick leave at a rate of eleven and two-tenths (11.2) hours per month.

Employees assigned to 56-hour work schedules may accumulate a maximum of 2,912 sick leave hours.

Non-probationary employees assigned to a 56 -hour work schedule are allowed a sick leave deficit of fifty-six (56) hours beyond that actually earned. Probationary employees assigned to a 56-hour work schedule are allowed a sick leave deficit of thirty-three and six-tenths (33.6) hours beyond that actually earned.

Employees on leave of absence with pay in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code shall accumulate sick leave during said leave of absence in accordance with this section.

14.2 Sick Leave Accrual – 40 Hour Employees

All employees assigned to forty (40) hour work schedules shall earn paid sick leave at the rate of eight (8) hours for each month of service while assigned to a 40 -hour work schedule.

Probationary employees assigned to a 40-hour work schedule who successfully complete their 12-month new employee probationary period shall receive an one-time lump sum credit of three- hundred eighty-four (384.0) hours of paid sick leave in addition to the sick leave accrued during their probationary period. No additional accruals of sick leave will occur until the first pay period following the completion of five (5) years of service. Upon completion of five (5) years of service, every employee shall thereafter accumulate sick leave at a rate of eight (8) hours per month.

Employees assigned to forty (40) hour work schedules may accumulate an unlimited number of sick leave hours; however, sick leave hours accumulated in excess of one thousand four hundred and forty (1440) may be used solely for CalPERS services credit in acc ordance with Government Code Section 20862.8 “Credit for Unused Sick Leave”.

Employees are allowed a sick leave deficit of twenty-four (24) hours beyond that actually earned.

Employees on leave of absence with pay in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code shall accumulate sick leave during said leave of absence in accordance with this section.

27 14.3 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. Empl oyees 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:

• A temporary restraining order or restraining order.
• Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
• To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
• To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. • To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
• 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.

14.4 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 this 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

28 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 leave 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.

Section 15. Leaves

15.1 Leave of Absence

The City Managers may grant a full -time regular employee 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 gran ted 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 promptl y 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 employee 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.

15.2 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 f ollowing day shall report directly to work to complete 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.

15.3 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

29 necessarily spent in compliance of the subpoena or request to testify, including travel 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.

15.4 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.

15.5 Family, Medical and Pregnancy Disability Leave

The City will abide by all federal and state family, medical and pregnancy disability leave laws.

15.6 Catastrophic Leave

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

15.7 Bereavement Leave

Employees are entitled to paid leave from duty (including shift trade days) for up to two (2) shifts (48 hours) for fire suppression personnel and up to forty (40) hours for fire prevention/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 (including 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/her their 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.

15.8.1 Union Leave Bank

A. Leave Donations

Effective the first full pay period in July of each year, active bargaining unit employee 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 either four (4) hours of vacation accrual or comp ensatory time for 40 hour personnel. The contribution will be

30 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 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 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 s ufficient 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 Battalion Chief.

The Battalion 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.

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

31 defend the City against any tax claims that arise in whole or in part from its administration 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.

Section 16. Health and Welfare

16.1 Hospital and Medical Care - Active Employees

A. Contributions

The City will continue to contribute a monthly amount for each employee no greater than the family rate of the lowest cost HMO plan.

All employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

1. $25.00 per month

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.

Effective January 2020, all employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

1. $25.00 per month for employee only coverage; $25 per month for employee+1 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

Effective July 1, 2009, 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.

The difference will be deducted from the employee’s paycheck on a pre-tax basis.

This amount will be in addition to the employee contributions outlined in section

16.1 A.

32 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

During the term of this agreement, the City reserves the right to propose changes to the plan designs and co -pay structure in order to reduce costs to the City and employees. Changes to plan design shall be by mutual agreement.

The City agrees to provide up to three (3) health plan options for employees and eligible dependents. At least two (2) options will be HMOs and the other option will be a PPO. For the term of this agreement, the City agrees to continue to offer Kaiser as one of the HMO options.

16.2 Health and Medical Care – Retired Employees

A. Spousal Continuation of Benefits

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 the spouse remarries, the obligation by the City shall terminate. Domestic partners shall be treated in the same manner as spouses for continuation of benefits.

B. Plan Design

Employees who retire on or after July 1, 2009, will have the same benefit co -pay and plan design as provided to active employees in accordance with Section

16.1.C and are subject to the 15% premium cap provisions of Section 16.1.B.

C. Vesting Schedule for Employees Hired Before July 1, 2012

1. Service Retirement

33 For all employees who retire with service 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.

2. Disability Retirement

For all employees who retire due to disability, the City shall pay a percentage of the City’s contribution toward the monthly premium for employee plus one dependent (two-party rate) for the lowest cost HMO plan 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 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. The City’s contribution for an active employee is identified during open enrollment each year as follows: the total monthly premium at the employee plus one rate of the lowest cost HMO plan minus $25 . For example, in 2022 -2023 the total monthly premium at the employee plus one rate of the lowest cost HMO was $1,533.36. The City’s monthly contribution for active employees at the employee plus one rate of the lowest cost HMO plan for 2022 -2023 was $1,50 8.36 (1,533.36 - $25 = $1,508.36).

Employees who retire on or after January 1, 2024 will begin to receive a benefit calculated as their earned percentage of the City’s contribution for an active employee at the employee plus one rate of the lowest cost HMO plan according

34 to the following formula: The City’s contribution for an active employee is identified during open enrollment each year.

(Years of Service x 4%) x City’s Contribution = Retiree’s Monthly Benefit.

For example, in 2022-2023 the City’s contribution for employee plus one rate of the lowest cost HMO was $1,508.36. A retiree with 15 years of service would receive a monthly benefit of $905.02 (15 x 4% = 60%) (60% x $1,508.36 = $905.02)

4. Reimbursement for non-City Plans

In the event a retiree obtain s medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the amount outlined in Section 16.2.C.3 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 Medicare 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 health plan supplement to Medicare for employee and one dependent coverage (two-party rate).

D. Vesting Schedule for Employees Hired On Or After July 1, 2012

1. Service Retirement

For all employees who are hired on or after July 1, 2012 and retire from service, the City shall provide the following benefit:

The City shall pay for each year of service equivalent to four percent (4%) of the City’s contribution toward the monthly premium for single coverage.

2. Disability Retirement

For all employees who retire due to disability, the City shall pay a percentage of the City’s contribution toward the monthly premium for single coverage for the lowest cost HMO plan in accordance with the schedule set forth below:

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

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 is established as the same dollar contribution paid for active employees at the employee only rate of the lowest cost HMO early retiree plan.

The City’s contribution for an active employee is identified during open enrollment each year as follows: the total monthly premium at the employee only rate of the lowest cost HMO plan minus $25. For example, in 2022 -2023 the total monthly premium at the employee only rate of the lowest cost HMO was $766.67. The City’s monthly contribution for active employees at the employee only rate of the lowest cost HMO plan for 2022 -2023 was $741.67 ($766.6 7- $25 = $741.67).

Employees who retire on or after January 1, 2024 will begin to receive a benefit calculated as their earned percentage of the City’s contribution for an active employee at the employee only rate of the lowest cost HMO plan according to the following formula:

(Years of Service x 4%) x City’s Contribution = Retiree’s Monthly Benefit.

For example, in 2022-2023 the City’s contribution for the employee only rate of the lowest cost HMO was $741.67. A retiree with 15 years of service would receive a monthly benefit of $445.00 (15 x 4% = 60%) (60% x $741.67 = $445.00).

4. Reimbursement for non-City Plans

In the event a retiree obtain s medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the amount outlined in Section 16.2 D.3 for the single rate , 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.

36 5. Benefits for Medicare Eligible Retirees

Retiree health benefits will cease once a retiree becomes Medicare eligible.

6. Retiree Health Savings Account

For employees hired on or after July 1, 2012 and who have successfully passed probation the City will contribute seventy-five dollars ($75) per month to the employee’s RHSA. Additionally, each employee eligible for the City contribution will have a mandatory, pre-tax deduction of twenty-five dollars ($25) per month toward the RHSA. The total monthly contribution to the RHSA will be one hundred dollars ($100). However, those employees contributing to the RHSA may increase the mandatory employee contribution above twenty- five dollars ($25) if a fixed amount is agreed to by, and implemented for, all contributing employees.

Employees hired between July 1, 2012 and May 1, 2013:

Employees hired between July 1, 2012 and May 1, 2013 will contribute $150 per month ($69.23 per pay period) through payroll deductions beginning the pay period in which the employee commenced employment with the LPFD.

In the pay period following completion of the employee’s 12 or 18-month probationary period, the City will contribute a one-time payment of $900 or $1,350 (equivalent to $75 for each month of the 12 or 18-month probationary period) towards the employee’s RHSA.

These provisions apply solely to employees hired between July 1, 2012 and May 1, 2013. All employees hired after May 1, 2013 will follow the provisions outlined in Section 16.2.6 unless modified by a successor MOU.

Effective January 1, 2015:

For employees hired on or after July 1, 2014 and who have successfully passed probation, the City will contribute one-hundred and fifty ($150) per month to the employee’s RHSA. In the pay period following completion of the employee’s 12 or 18-month probationary period, the City will contribute a one- time payment of $1,800 or $2,700 (equivalent to $150 for each month of the 12 or 18-month probationary period) towards the employee’s RHSA.

When the probationary period is extended by the Fire Chief in order to further evaluate performance, upon the successful completion of the probationary period, the one-time payment shall be increased at a rate equivalent to $150 for each additional month. The employee will also be required to make contributions of $150 for each month of the extended probationary period.

37 When the probationary period is extended due to an extended leave of absence, no additional contributions will be made by the Fire Department or the employee.

For the duration of the contract, each employee eligible for the City contribution will have a pre-tax deduction of one hundred and fifty dollars ($150) per month toward the RHSA. The total monthly contribution to the RHSA will be three hundred ($300). However, those employees contributing to the RHSA may increase the employee contribution above one hundred and fifty dollars ($150) if a fixed amount is agreed to by, and implemented for, all contributing employees.

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

Federal or State Legislation

The City reserves the right to meet and confer with the Union for the purposes of coordinating retired employee’s hospital and medical care in the event Federal or State legislation is implemented that effects retiree’s medical insurance.

7. Medical Expense Reimbursement Plan (“MERP”)

Effective within 90 days of the adoption of this agreement, the City will support the implementation of a mutually agreed upon Medical Expense Reimbursement Plan (“MERP”). The purpose of the MERP shall be to provide Local 1974’s members with retiree health expense reimbursement benefits. Upon implementation, the City and Union agree that contributions to the plan must be confined to areas of compensation (RHSA) already outlined within this Memorandum of Understanding that are otherwise available to the employee.

The Union shall reserve the right to select the program and administrator for their post-employment health care needs. The Union will indemnify and release the City from any and all liabilities associated with MERP participation.

The City’s administrative responsibility to the MERP shall be limited to the coordination of payroll deductions and the remittance and reporting of contributions to the MERP administrator. The City shall not incur any direct administrative fees and will o nly consider a qualifying plan recognized under the Internal Revenue Code.

38 16.3 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 each eligible dependents.

16.4 Life Insurance

The City shall contribute an amount necessary to provide $50,000 life and $50,000 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.

16.5 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 (see Section 16.6).

16.6 Cafeteria Plan

An Internal Revenue Code Section 125 Cafeteria Plan is provided to each full -time employee who is eligible to enroll in one of the medical insurance plans offered by the City but elects to waive participation in such medical plans and/or the City’ s vision care plan. Proof of alternative medical coverage is required for an employee to waive participation in the City’s medical plans.

The 125 Cafeteria Plan affords employees an opportunity to obtain plan credits for the purpose of: (1) purchasing supplemental benefits; (2) redirecting credits to a flexible spending account; or (3) cashing out credits at a rate of $0.35 on the dollar. Plan credits are based on the combined sum of the monthly premiums for Kaiser employee-only medical coverage and the vision care plan at family level coverage adjusted annually on a dollar-for-dollar basis to match any changes in the monthly premiums. The maximum contribution limit for medical reimbursement under the Section 125 Cafeteria Plan is $2,650 per year.

In the event an individual employee loses their primary coverage, the City will allow the employee to re -enroll in the City’s health plans within thirty (30) days of receiving notice that primary coverage has been lost, thereby enabling the continuation of benefits to the employee.

The City will consider adding supplemental insurance products to the Cafeteria Plan to the extent such benefits can be offered within an IRC 125 Plan on a pre-tax basis.

16.7 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 bargaining unit employee enrolled in the Union's long-term disability plan. Said payments shall be made in arrears monthly.

39 16.8 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.

16.9 Employee Assistance Program

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

Section 17. Retirement

The City shall continue contracting with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for all bargaining unit employees.

17.1 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.

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 plan 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% 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.

40 C. Employees hired on or after January 1, 2013 (Tier 3 New-PEPRA)

Employees hired on or after January 1, 2013 who are defined as “new” members by CalPERS are 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.

D. PERS Status for Fire Prevention Personnel

The classifications of Fire Inspector and Hazardous Materials Inspector are included in the CalPERS safety plans maintained for the line personnel.

17.2 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

17.3 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 18. Fire Inspectors

The Department recognizes the importance of maintaining a core of trained fire investigators.

Therefore, Fire Inspectors will be encouraged to participate as members of the Alameda County Arson Task Force.

Section 19. Uniforms

19.1 Uniform Allotment

The Department shall provide the following uniform items to new bargaining unit members at the time of employment: three (3) uniform shirts, three (3) uniform pants, a uniform belt and boots.

The Department shall provide the foregoing items at no cost to new employees. However, newly hired employees are required to pay fifty percent (50%) of the cost of the Department -required items: one (1) ball cap, three (3) t-shirts, one (1) winter jacket, and approved workout gear. The Department shall replace uniform pants and boots for em ployees as needed on a one for one basis.

41 19.2 Uniform Maintenance Allowance

The Department shall provide bargaining unit employees with a uniform allowance as follows:

Fire Suppression personnel: $650 per year (paid on a bi-weekly basis).

Fire Inspectors and Hazardous Materials Inspectors: $800 per year (paid on a bi -weekly basis).

19.3 Uniform Changes

Uniform changes initiated by the Department shall be made at the expense of the Department.

All bargaining unit employees shall wear the same uniforms.

Section 20. 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 21. Tuition 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.

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 four quarter academic year beginning with the proceeding fall quarter. 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 re ceive reimbu rsement 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.

42 Section 21.1 Educational Incentive

Effective the first full pay period following Union ratification of this MOU employees who complete qualifying courses or attain the identified degrees shall receive educational incentive pay on a monthly basis as follows:

Sixty (60) or more accredited college semester units $50/month -at least twenty-four (24) units must be in fire science AA/AS Degree in Fire Science $100/month
BA/BS Degree $150/month
Masters/PhD $175/month

The above education incentive pay is not cumulative. Employees receive the level of compensation that corresponds to their highest level of educational achievement.

Effective the first full pay period after July 1, 2026 ( July 4, 2026), employees who complete qualifying courses or attain the identified degrees shall receive educational incentive pay on a monthly basis as a percentage of base pay as follows:

Sixty (60) or more accredited college semester units 2.5% -at least twenty-four (24) units must be in fire science AA/AS Degree in Fire Science 2.5%
BA/BS Degree 2.5%
Masters/PhD 2.5%

The above education incentive pay is not cumulative. Employees receive the level of compensation that corresponds to their highest level of educational achievement.

Effective the first full pay period after July 1, 2028 ( July 1, 202 8) employees who complete qualifying courses or attain the identified degrees shall receive educational incentive pay on a monthly basis as a percentage of base pay as follows:

Sixty (60) or more accredited college semester units 2.5% -at least twenty-four (24) units must be in fire science AA/AS Degree in Fire Science 2.5%
BA/BS Degree 5%
Masters/PhD 5%

The above education incentive pay is not cumulative. Employees receive the level of compensation that corresponds to their highest level of educational achievement.

43 21.2 City of Pleasanton Fire Department Employees (Grandfathered Plan)

Former members of the City of Pleasanton Fire Department shall continue receiving the grandfathered educational incentive pay described below or the education incentive pay provided in Section 22.1 above, whichever is greater.

Employees having enrolled in the educational incentive pay plan on or before July 1, 1988, shall upon completion of five (5) years of service with the City of Pleasanton Fire Department, receive educational incentive pay as provided below:

Educational Level Eligible Positions Pay %
A.A. or A.S. in Fire Science

Firefighter
Fire Engineer

2½%

Sixty (60) accredited semester units of which
24 units must be in Fire Science

Firefighter
Fire Engineer

2½%

Ninety (90) accredited quarter units of which
thirty-six (36) must be in the field of Fire
Science
Firefighter
Fire Engineer

2½%

B.S. or B.A. Degrees Firefighter
Fire Engineer
Fire Captain
5%
5%
2½%

One Hundred Eighty (180) quarter hour units
to include:
- a minimum of 90 upper division quarter
hour units; and
- a minimum of 72 quarter hour units in a
major field of study of which a minimum
of 36-quarter hour units must be upper
division courses

Firefighter
Fire Engineer
Fire Captain

5%
5%
2½%
One Hundred Twenty (120) semester hour
units to include:
- a minimum of 60 upper division
semester hour units; and
- a minimum of 48 semester hour units in
a major field of study of which a
minimum of 24 semester hour units
must be upper division courses
Firefighter
Fire Engineer
Fire Captain

5%

5%

2½%

44 The above educational levels are not cumulative. The maximum educational incentive pay received by a Firefighter or Fire Engineer shall not exceed five percent ( 5%); the maximum educational incentive pay received by a Fire Captain shall not exceed two and one-half percent (2.5%) nor shall an employee receive incentive pay for more than one educational level at the two and one half percent (2.5%) rate nor more than one educational level at the five (5%) rate.

Section 22. Probationary Period

22.1 Length of Probationary Period

All original “entry-level” appointments to fire suppression positions shall be tentative and subject to a probationary period of eighteen (18) months actual service.

All "lateral" appointments to fire suppression positions shall be tentative and subject to a probationary period of twelve (12) months. The designation of an appointment as “lateral” may be recommended by the Fire Chief and approved by Human Resources. This reduction in probationary period will only apply to "lateral" employees hired on or after October 1, 2023.

The probationary period for fire prevention personnel shall be twelve (12) months.

Promotional 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 with 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.

22.2 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 22.3.

22.3 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.

22.4 Tolling of 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) consecutive 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.

45 22.4 5 Rejection of Probationary Employee - Promotional Appointment

Any 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 23. 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.

Insofar as consistent 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.

Upon completion of all promotional testing, the names of the persons having the highest three (3) scores on the eligibility list shall be submitted to the Fire Chief for consideration.

Promotional examination scores will be calculated to the nearest tenth of a point (example –

95.2 points).

Time in grade requirements for promotion will be three (3) years with the Department for Fire Engineer, and five (5) years with the Department for Fire Captain.

Time in grade requirements for promotion of "lateral" employees will be three (3) years of service in Fire Suppression as a full -time, paid member of the Livermore -Pleasanton Fire Department or a municipal, county, or comparable fire agency, of which a minimum of twenty- four (24) months of service is with the Livermore-Pleasanton Fire Department for the position of Fire Engineer, and five (5) years of service in Fire Suppression as a full-time, paid member of the Livermore -Pleasanton Fire Department or a municipal, count y, or comparable fire agency, of which a minimum of thirty -six (36) months of service is with the Livermore - Pleasanton Fire Department for the position of Fire Captain. Lateral employees will be eligible for the Fire Captain’s promotional process upon comp letion of thirty (30) months of employment with the department and may be placed on an eligibility list but are unable to act or promote until completion of thirty -six (36) months of employment with the Livermore - Pleasanton Fire Department.

This reduction in service time for "lateral" employees will apply to all current and future members of the LPFD. Employees hired prior to adoption of this lateral language may submit a written request to the Fire Chief to be considered for "lateral status" for promotional exams through a review of the employee's prior paid fire service experience, resumé, and education.

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

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 the Personnel Rules.

B. Demotion

Bargaining unit employees who are promoted to a chief officer classification out of the bargaining unit and subsequently demote during their first twelve (12) months of service as a chief officer 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.

Employees who are demoted from a chief officer classification into a bargaining unit position, as well as existing bargaining unit employees demoted to lower classifications within the bargaining unit, will have their overtime factor set to the highest level for their rank assignment, plus one (1) hour.

The rank seniority and overtime factor provisions of this section apply to employees who voluntarily demote and those who are involuntarily demoted from their positions during their 12-month promotional probationary period. However, employees who demote after attaining permanent status in their promoted position will be places in an open position in their former classification and will not be credited with any previously earned rank seniority . Such employees “start-over” for rank seniority and the ir overtime factor will be reset as in the paragraph above.

Chief officers hired from outside the bargaining unit cannot demote into a fire suppression position within the bargaining unit. They do not have a former fire suppression classification in the bargaining unit to which they may be returned.

C. Long-Term Acting Assignments

Qualified personnel may be placed in long-term acting assignments to fill long -term vacancies resulting from workers compensation injuries, modified duty assignments, medical leave, or other approved long -term absences. Long -term vacancies are defined as those lasting longer than ten (10) consecutive shifts. Once it is determined that a vacancy will last longer than ten (10) consecutive shifts, a long-term acting assignment may be made to fill the vacancy prior to the tenth shift.

Personnel filling long-term acting assignments may be moved across shifts and will receive all pay and benefits of the position to which they are assigned as if promoted to the position.

Acting assignments are limited to ninety (90) calendar days when other eligible employees are available, qualified, and interested in the acting assignment. Personnel may rotate into

47 an acting assignment more than once and for longer than ninety (90) days depending on the availability of other employees to fill the acting assignment . Personnel who participate in an acting assignment will receive probationary credit in the higher classification up to a maximum of six ( 6) months, regardless of the total combined duration of the acting assignments. Personnel who provide satisfactory service in an acting assignment for a continuous twelve ( 12) months are eligible for salary advancement in accordance with Section 5.4 of this MOU for the remaining duration of the acting assignment.

Long-term acting assignment s shall not be used for day -to-day vacancies such as those created by vacation or sick leave relief and are not intended to cause an adverse impact to any one rank (more than two long-term vacancies in that rank on the same division).

The use of short -term acting assignments is identified in Section 7.3 D, Rank -for-Rank Overtime and Short-Term Acting Assignments.

The operational procedures of acting assignments are outlined in Department policy.

Section 24. Resignation, Reinstatement and Layoff

24.1 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 effectedeffective.

24.2 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.

24.3 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 yeartwo-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.

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

24.4 Layoff

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

“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, thus allowing employees to register for the Displaced Firefighters List.

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 carried 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 classifica tion through displacement unless authorized by the City Manager.

Section 25. Discipline

The Department has the right to discipline, demote or discharge employees for cause.

Letters of Written Reprimand

All Letters of Written Reprimand in an employee’s personnel file will be removed from the file three (3) years after the date of issuance at the request of the affected employee. Letters of Written Reprimand not removed after the three (3) year period will be disregarded.

Section 26. Grievances

26.1 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.

49 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:

1. The dispute will be presented, in writing, to the applicable Deputy Fire Chief. The applicable Deputy Fire Chief will render a determination.

2. The dispute may be appealed, in writing, to the Fire Chief. The Fire Chief will render a determination.

3. The dispute may be appealed, in writing, to the City of Pleasanton City Manager’s Office. The City Manager or his/hertheir designee will render a determination which shall be final.

26.2 Grievances shall be processed in the following manner:

1. 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 or his/her their designee 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.

2. 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.

3. 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 he/she believes to have 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. No grievance may be processed under paragraph (4 below), which has not first been filed and investigated in accordance with this paragraph (3).

4. 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, such grievance shall be submitted to a Review Board comprised of two (2) members of the Union and two (2) Fire Department management representatives appointed by the Fire Chief. Notification to the Fire Chief of the need to proceed to this step must occur within 30 days of the Fire Chief’s decision in ( 3) above, or the grievance is considered settled.

The Review Board shall be convened within twenty -one (21) calendar days from the day the grievance was submitted to said Board. The Board shall render its findings

50 and recommendations in writing to the Joint Executive Directors within fourteen (14) calendar days from the date it completed its review of the grievance, subject to the agreement set forth in Appendix C.

5. The Joint Executive Directors shall within fourteen (14) calendar days of receipt of the Review Board's written findings and recommendations review the findings and recommendations and render a written decision on the grievance.

6.4. The Union may appeal the decision of the Joint Executive DirectorsFire Chief by requesting that the grievance be referred to an impartial arbitrator. The Union's decision to refer the grievance to arbitration shall be made within fourteen (14) days of the notification of the Joint Executive DirectorsFire Chief’s decision. The arbitrator shall be designated by mutual agreement between the Union and the Joint Executive Directors. The fees and expenses of the arbitrator and court reporter shall be shared equally between the Fire Department and the Union. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

7.5. 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.

26.3 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.

26.4 No Review Board and 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 26.1.

26.5 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 of or in connection with such proposal may be referred to arbitration under this Section. Neither any Review Board nor any The arbitrator shall not 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.

26.6 If the Fire Chief in pursuance of the procedures outlined in subsection 26.2 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.

26.7 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 Understandi ng 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.

51 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.

26.8 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.

26.9 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.

Section 27. Medical Examination

27.1 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 t hird physician concerning the employee’s fitness for duty shall determine the employee’s ability to return to work.

27.2 Wellness-Fitness/Modified Duty Program

52 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 prevents 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.

53 27.3 Substance Testing

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

Section 28. 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.

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 29. 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 30. Miscellaneous

30.1 Deferred Compensation Program

All employees are eligible to participate in the Employer's deferred compensation program. Any employee who chooses to participate in a deferred compensation plan shall pay the administrative fee, if any, the Employer may require.

Effective July 2, 2016, the City shall contribute 0.5% of the employees’ base compensation into a 457 deferred compensation plan. The contribution is tax -deferred, and counts 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.

30.2 Helmets

Department-issued leather helmets are to remain with each individual at retirement.

30.3 EMT Certification

Emergency Medical Technician (“EMT”) certification is a mandatory condition of employment for fire suppression personnel. The Department will provide all necessary training and testing

54 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.

30.4 Staffing

The parties agree that the desired minimum staffing is (3) personnel assigned to each type one engine company and a minimum of four (4) personnel assigned to each truck company within the Department. The parties agree that four (4) person engine staffing may be appropriate based on Community Risk Assessment such as geography, potential isolation of personnel during significant incidents, and for specialized programs (e.g. hazardous materials response). Staffing levels are ultimately at the discretion of eac h City, and based on community need, economic conditions and City funding. Nothing in this MOU modifies any company staffing agreements unique to each City.

30.5 Fire Prevention Seniority

Seniority for all current Fire Prevention personnel will be determined by their date of appointment into a full time Fire Inspector or Hazardous Material Inspector position with Livermore or Pleasanton.

30.6 Total Compensation Survey

Total compensation includes salary, and a variety of other benefits available to all employees within each classification. Among such benefits, included in the LPFD array, are the following:
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 tasks or services performed (e.g. paramedics, hazardous materials).

Minimum Base Salary
Maximum Base Salary
Employee’s Portion of PERS Paid by the Employer
Employee’s Portion of PERS Paid by the Employee
Deferred Compensation
Holiday In-Lieu Pay
EMT Pay (when applicable)
Paramedic Pay (when applicable)
Cafeteria Plan Health (Maximum Agency Contribution)
Dental, Vision, and Life Insurances
Long-term Disability Insurance
Employer Portion of Retirement Paid by the Employee

55 In addition, wage incentives for skills, assignments, or service performed exist which are NOT received by all members within each classification. These will be evaluated separately from the Total Compensation Array, in relation to the comparable agencies. The items included in the Incentive Array include the following:

Paramedic Incentive
PMR Incentive
Longevity Pay
Educational Incentive
HazMat Premium
Training/Administrative Assignment Premium
Certificate Pay
Bilingual Pay

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

The specific classifications selected as the benchmark classes (classifications used for total compensation comparisons) will be determined through classification analyses based on the duties, responsibilities and minimum requirements for the benchmark classes and not merely classification titles.

Separate “ Total compensation Compensation” and “Incentive” arrays will be provided to the Union three (3) months prior to the expiration of the MOU.

The parties agree to meet 1 year in advance of the expiration of the successor agreement to resolve any disputes on rele vance and application of current agencies and job classification benchmarks utilized.

The parties will determine criteria used for selection of the comparable agencies and confirm use of existing agencies or replace agencies deemed to be irrelevant in the salary array. Absent any agreement by both parties to replacement agencies, the current list will remain in place for the purposed of the salary arrays.

30.7 Continuity of Operations

56 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.

Section 31. Hazardous Material Response Team

The Department intends to provide the ability to respond to and mitigate hazardous materials (Haz- Mat) incidents above the first responder level. To accomplish this, the Department will staff each shift with up to five (5) Hazardous Materials Specialists.

31.1 Hazardous Materials Staffing and Assignments

A. The parties have agreed to maintain the “Company” concept of the Haz-Mat team (i.e.

Captain, Engineer, Firefighter/Paramedic and Firefighter). The maximum number of Haz-Mat team members per shift is five (5). Four (4) of the team members (Haz-Mat Captain, Engineer, Firefighter/Paramedic and Firefighter) are assigned to the designated Haz-Mat station. The fifth team member, determined by Department seniority, is not rank specific and may be assigned to the Haz -Mat station based on organizational need using the bid process whenever possible.

B. The four (4) team member positions (Haz -Mat Captain, Engineer, Firefighter/Paramedic, and Firefighter) at the designated Haz-Mat Station will only be filled and back-filled by Haz-Mat Team members or individuals holding the appropriate Haz-Mat certification.

C. Procedures regarding staffing, assignments, training, withdrawal and other Haz-Mat specific topics are included in the Department’s Haz-Mat program policy.

31.2 Compensation

Personnel assigned to the Hazardous Materials Response Team will be compensated at five percent (5%) above their respective base rates of pay, subject to MOU Section 5.1.

31.3 Withdrawal Process

A Haz-Mat team member as defined in Section 31.1 shall be permitted to withdrawal from the Haz-Mat program following one (1) year of Haz -Mat service and with the approval of the Fire Chief. Withdrawal from the Haz-Mat program is governed by the Department’s Haz-Mat program policy.

31.4 HazMat Program Improvement

57 A. The parties agree that the Department is currently not in compliance with section 31.1.

The parties further agree to form a joint work group to explore solutions to improve Haz - Mat program staffing. The parties agree to initiate meet and confer over revisions to this section of the MOU no later than June 30, 2026.

B. During the first year of the MOU only, th e number of on duty Haz-Mat team members required per shift is five (5) and all members will be compensated at 5% above base rates of pay when assigned to Station 2. When the Haz-Mat certified employees available are not able to serve at Station 2 because there are multiple members of the same rank or higher on duty, then up to five Haz -Mat Certified (HMC) employees on shift will be able to receive 5% based on seniority. Any additional HMC team members who perform in the Haz-Mat capacity will continue to be paid for work performed on an hourly basis at 5%.

The Union agrees that no grievance will be made regarding HazMat staffing when five (5) members are not available after the full staffing policy algorithm is exhausted.

C. The parties agree to prioritize hazmat technician/specialist training with a concentration on Firefighter EMT and Paramedics. Subject to Fire Chief approval, attendance of Haz- Mat related training will be fully supported with tuition, backfill, eight -hour rate compensation, and mandate protection.

D. Section 31.4 provision will automatically terminate as of June 30, 2026.

Section 32. 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.

58 Section 33. 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 January July 1, 2022 2025 and ending June 30, 20252029.

LOCAL 1974, INTERNATIONAL

ASSOCIATION OF FIREFIGHTERS,

AFL-CIO-CLC

LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS

AUTHORITY

By____________________________
Craig Freeman

By____________________________
Gerry Beaudin, City of Pleasanton

By____________________________
Spyridon Drossos

By____________________________
Derek Green

By____________________________
Marianna Burch, City of Livermore

By____________________________
Tim Davis, Burke, Williams, Sorenson

By____________________________
Jared Jamison

By____________________________
Kristen Hilton, City of Livermore

By____________________________
Isaac Mendel

By____________________________
James Smith

By____________________________
Tina Olsen, City of Livermore

By____________________________
Tina Pruett, City of Pleasanton

By____________________________
Xaviera Scoggins, City of Pleasanton

59 Appendix A
Salary Schedules
LPFD - IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JULY 5, 2025

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 $ 36.310 $ 4,066.720 $ 8,811.227 $ 105,734.720 FIREFIGHTER 2 $ 38.120 $ 4,269.440 $ 9,250.453 $ 111,005.440 FIREFIGHTER 3 $ 40.020 $ 4,482.240 $ 9,711.520 $ 116,538.240 FIREFIGHTER 4 $ 42.020 $ 4,706.240 $ 10,196.853 $ 122,362.240 FIREFIGHTER 5 $ 44.130 $ 4,942.560 $ 10,708.880 $ 128,506.560 FIREFIGHTER 6 $ 46.350 $ 5,191.200 $ 11,247.600 $ 134,971.200 FIREFIGHTER-8HR 1 $ 50.820 $ 4,065.600 $ 8,808.800 $ 105,705.600 FIREFIGHTER-8HR 2 $ 53.350 $ 4,268.000 $ 9,247.333 $ 110,968.000 FIREFIGHTER-8HR 3 $ 56.030 $ 4,482.400 $ 9,711.867 $ 116,542.400 FIREFIGHTER-8HR 4 $ 58.840 $ 4,707.200 $ 10,198.933 $ 122,387.200 FIREFIGHTER-8HR 5 $ 61.780 $ 4,942.400 $ 10,708.533 $ 128,502.400 FIREFIGHTER-8HR 6 $ 64.880 $ 5,190.400 $ 11,245.867 $ 134,950.400 FIRE ENGINEER 7 $ 49.400 $ 5,532.800 $ 11,987.733 $ 143,852.800 FIRE ENGINEER 8 $ 51.870 $ 5,809.440 $ 12,587.120 $ 151,045.440 FIRE ENGINEER-8HR 7 $ 69.150 $ 5,532.000 $ 11,986.000 $ 143,832.000 FIRE ENGINEER-8HR 8 $ 72.630 $ 5,810.400 $ 12,589.200 $ 151,070.400

FIRE CAPTAIN 9 $ 55.270 $ 6,190.240 $ 13,412.187 $ 160,946.240 FIRE CAPTAIN 10 $ 58.050 $ 6,501.600 $ 14,086.800 $ 169,041.600

FIRE CAPTAIN-8HR 9 $ 77.370 $ 6,189.600 $ 13,410.800 $ 160,929.600 FIRE CAPTAIN-8HR 10 $ 81.270 $ 6,501.600 $ 14,086.800 $ 169,041.600

FIRE INSPECTOR 1 $ 58.530 $ 4,682.400 $ 10,145.200 $ 121,742.400 FIRE INSPECTOR 2 $ 61.460 $ 4,916.800 $ 10,653.067 $ 127,836.800 FIRE INSPECTOR 3 $ 64.550 $ 5,164.000 $ 11,188.667 $ 134,264.000 FIRE INSPECTOR 4 $ 67.770 $ 5,421.600 $ 11,746.800 $ 140,961.600 FIRE INSPECTOR 5 $ 71.150 $ 5,692.000 $ 12,332.667 $ 147,992.000 HAZMAT INSPECTOR 1 $ 58.530 $ 4,682.400 $ 10,145.200 $ 121,742.400 HAZMAT INSPECTOR 2 $ 61.460 $ 4,916.800 $ 10,653.067 $ 127,836.800 HAZMAT INSPECTOR 3 $ 64.550 $ 5,164.000 $ 11,188.667 $ 134,264.000 HAZMAT INSPECTOR 4 $ 67.770 $ 5,421.600 $ 11,746.800 $ 140,961.600 HAZMAT INSPECTOR 5 $ 71.150 $ 5,692.000 $ 12,332.667 $ 147,992.000

HAZMAT COORDINATOR 1 $ 63.630 $ 5,090.400 $ 11,029.200 $ 132,350.400 HAZMAT COORDINATOR 2 $ 66.810 $ 5,344.800 $ 11,580.400 $ 138,964.800 HAZMAT COORDINATOR 3 $ 70.130 $ 5,610.400 $ 12,155.867 $ 145,870.400 HAZMAT COORDINATOR 4 $ 73.650 $ 5,892.000 $ 12,766.000 $ 153,192.000 HAZMAT COORDINATOR 5 $ 77.330 $ 6,186.400 $ 13,403.867 $ 160,846.400

60 LPFD - IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JULY 4, 2026

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 $ 37.400 $ 4,188.800 $ 9,075.733 $ 108,908.800 FIREFIGHTER 2 $ 39.260 $ 4,397.120 $ 9,527.093 $ 114,325.120 FIREFIGHTER 3 $ 41.220 $ 4,616.640 $ 10,002.720 $ 120,032.640 FIREFIGHTER 4 $ 43.280 $ 4,847.360 $ 10,502.613 $ 126,031.360 FIREFIGHTER 5 $ 45.450 $ 5,090.400 $ 11,029.200 $ 132,350.400 FIREFIGHTER 6 $ 47.740 $ 5,346.880 $ 11,584.907 $ 139,018.880 FIREFIGHTER-8HR 1 $ 52.340 $ 4,187.200 $ 9,072.267 $ 108,867.200 FIREFIGHTER-8HR 2 $ 54.950 $ 4,396.000 $ 9,524.667 $ 114,296.000 FIREFIGHTER-8HR 3 $ 57.710 $ 4,616.800 $ 10,003.067 $ 120,036.800 FIREFIGHTER-8HR 4 $ 60.610 $ 4,848.800 $ 10,505.733 $ 126,068.800 FIREFIGHTER-8HR 5 $ 63.630 $ 5,090.400 $ 11,029.200 $ 132,350.400 FIREFIGHTER-8HR 6 $ 66.830 $ 5,346.400 $ 11,583.867 $ 139,006.400 FIRE ENGINEER 7 $ 50.880 $ 5,698.560 $ 12,346.880 $ 148,162.560 FIRE ENGINEER 8 $ 53.430 $ 5,984.160 $ 12,965.680 $ 155,588.160 FIRE ENGINEER-8HR 7 $ 71.220 $ 5,697.600 $ 12,344.800 $ 148,137.600 FIRE ENGINEER-8HR 8 $ 74.810 $ 5,984.800 $ 12,967.067 $ 155,604.800 FIRE CAPTAIN 9 $ 56.930 $ 6,376.160 $ 13,815.013 $ 165,780.160 FIRE CAPTAIN 10 $ 59.790 $ 6,696.480 $ 14,509.040 $ 174,108.480 FIRE CAPTAIN-8HR 9 $ 79.690 $ 6,375.200 $ 13,812.933 $ 165,755.200 FIRE CAPTAIN-8HR 10 $ 83.710 $ 6,696.800 $ 14,509.733 $ 174,116.800 FIRE INSPECTOR 1 $ 60.290 $ 4,823.200 $ 10,450.267 $ 125,403.200 FIRE INSPECTOR 2 $ 63.300 $ 5,064.000 $ 10,972.000 $ 131,664.000 FIRE INSPECTOR 3 $ 66.490 $ 5,319.200 $ 11,524.933 $ 138,299.200 FIRE INSPECTOR 4 $ 69.800 $ 5,584.000 $ 12,098.667 $ 145,184.000 FIRE INSPECTOR 5 $ 73.280 $ 5,862.400 $ 12,701.867 $ 152,422.400 HAZMAT INSPECTOR 1 $ 60.290 $ 4,823.200 $ 10,450.267 $ 125,403.200 HAZMAT INSPECTOR 2 $ 63.300 $ 5,064.000 $ 10,972.000 $ 131,664.000 HAZMAT INSPECTOR 3 $ 66.490 $ 5,319.200 $ 11,524.933 $ 138,299.200 HAZMAT INSPECTOR 4 $ 69.800 $ 5,584.000 $ 12,098.667 $ 145,184.000 HAZMAT INSPECTOR 5 $ 73.280 $ 5,862.400 $ 12,701.867 $ 152,422.400

HAZMAT COORDINATOR 1 $ 65.540 $ 5,243.200 $ 11,360.267 $ 136,323.200 HAZMAT COORDINATOR 2 $ 68.810 $ 5,504.800 $ 11,927.067 $ 143,124.800 HAZMAT COORDINATOR 3 $ 72.230 $ 5,778.400 $ 12,519.867 $ 150,238.400 HAZMAT COORDINATOR 4 $ 75.860 $ 6,068.800 $ 13,149.067 $ 157,788.800 HAZMAT COORDINATOR 5 $ 79.650 $ 6,372.000 $ 13,806.000 $ 165,672.000

61 LPFD - IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JULY 3, 2027

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 $ 38.520 $ 4,314.240 $ 9,347.520 $ 112,170.240 FIREFIGHTER 2 $ 40.440 $ 4,529.280 $ 9,813.440 $ 117,761.280 FIREFIGHTER 3 $ 42.460 $ 4,755.520 $ 10,303.627 $ 123,643.520 FIREFIGHTER 4 $ 44.580 $ 4,992.960 $ 10,818.080 $ 129,816.960 FIREFIGHTER 5 $ 46.810 $ 5,242.720 $ 11,359.227 $ 136,310.720 FIREFIGHTER 6 $ 49.170 $ 5,507.040 $ 11,931.920 $ 143,183.040 FIREFIGHTER-8HR 1 $ 53.910 $ 4,312.800 $ 9,344.400 $ 112,132.800 FIREFIGHTER-8HR 2 $ 56.600 $ 4,528.000 $ 9,810.667 $ 117,728.000 FIREFIGHTER-8HR 3 $ 59.440 $ 4,755.200 $ 10,302.933 $ 123,635.200 FIREFIGHTER-8HR 4 $ 62.430 $ 4,994.400 $ 10,821.200 $ 129,854.400 FIREFIGHTER-8HR 5 $ 65.540 $ 5,243.200 $ 11,360.267 $ 136,323.200 FIREFIGHTER-8HR 6 $ 68.830 $ 5,506.400 $ 11,930.533 $ 143,166.400 FIRE ENGINEER 7 $ 52.410 $ 5,869.920 $ 12,718.160 $ 152,617.920 FIRE ENGINEER 8 $ 55.030 $ 6,163.360 $ 13,353.947 $ 160,247.360 FIRE ENGINEER-8HR 7 $ 73.360 $ 5,868.800 $ 12,715.733 $ 152,588.800 FIRE ENGINEER-8HR 8 $ 77.050 $ 6,164.000 $ 13,355.333 $ 160,264.000 FIRE CAPTAIN 9 $ 58.640 $ 6,567.680 $ 14,229.973 $ 170,759.680 FIRE CAPTAIN 10 $ 61.580 $ 6,896.960 $ 14,943.413 $ 179,320.960 FIRE CAPTAIN-8HR 9 $ 82.080 $ 6,566.400 $ 14,227.200 $ 170,726.400 FIRE CAPTAIN-8HR 10 $ 86.220 $ 6,897.600 $ 14,944.800 $ 179,337.600 FIRE INSPECTOR 1 $ 62.100 $ 4,968.000 $ 10,764.000 $ 129,168.000 FIRE INSPECTOR 2 $ 65.200 $ 5,216.000 $ 11,301.333 $ 135,616.000 FIRE INSPECTOR 3 $ 68.480 $ 5,478.400 $ 11,869.867 $ 142,438.400 FIRE INSPECTOR 4 $ 71.890 $ 5,751.200 $ 12,460.933 $ 149,531.200 FIRE INSPECTOR 5 $ 75.480 $ 6,038.400 $ 13,083.200 $ 156,998.400 HAZMAT INSPECTOR 1 $ 62.100 $ 4,968.000 $ 10,764.000 $ 129,168.000 HAZMAT INSPECTOR 2 $ 65.200 $ 5,216.000 $ 11,301.333 $ 135,616.000 HAZMAT INSPECTOR 3 $ 68.480 $ 5,478.400 $ 11,869.867 $ 142,438.400 HAZMAT INSPECTOR 4 $ 71.890 $ 5,751.200 $ 12,460.933 $ 149,531.200 HAZMAT INSPECTOR 5 $ 75.480 $ 6,038.400 $ 13,083.200 $ 156,998.400

HAZMAT COORDINATOR 1 $ 67.510 $ 5,400.800 $ 11,701.733 $ 140,420.800 HAZMAT COORDINATOR 2 $ 70.870 $ 5,669.600 $ 12,284.133 $ 147,409.600 HAZMAT COORDINATOR 3 $ 74.400 $ 5,952.000 $ 12,896.000 $ 154,752.000 HAZMAT COORDINATOR 4 $ 78.140 $ 6,251.200 $ 13,544.267 $ 162,531.200 HAZMAT COORDINATOR 5 $ 82.040 $ 6,563.200 $ 14,220.267 $ 170,643.200

62 LPFD - IAFF LOCAL 1974 SALARY SCHEDULE EFFECTIVE JULY 1, 2028

POSITION STEP HOURLY BI-WEEKLY MONTHLY ANNUAL
FIREFIGHTER 1 $ 39.960 $ 4,475.520 $ 9,696.960 $ 116,363.520 FIREFIGHTER 2 $ 41.960 $ 4,699.520 $ 10,182.293 $ 122,187.520 FIREFIGHTER 3 $ 44.050 $ 4,933.600 $ 10,689.467 $ 128,273.600 FIREFIGHTER 4 $ 46.250 $ 5,180.000 $ 11,223.333 $ 134,680.000 FIREFIGHTER 5 $ 48.570 $ 5,439.840 $ 11,786.320 $ 141,435.840 FIREFIGHTER 6 $ 51.010 $ 5,713.120 $ 12,378.427 $ 148,541.120 FIREFIGHTER-8HR 1 $ 55.930 $ 4,474.400 $ 9,694.533 $ 116,334.400 FIREFIGHTER-8HR 2 $ 58.720 $ 4,697.600 $ 10,178.133 $ 122,137.600 FIREFIGHTER-8HR 3 $ 61.670 $ 4,933.600 $ 10,689.467 $ 128,273.600 FIREFIGHTER-8HR 4 $ 64.770 $ 5,181.600 $ 11,226.800 $ 134,721.600 FIREFIGHTER-8HR 5 $ 68.000 $ 5,440.000 $ 11,786.667 $ 141,440.000 FIREFIGHTER-8HR 6 $ 71.410 $ 5,712.800 $ 12,377.733 $ 148,532.800 FIRE ENGINEER 7 $ 54.380 $ 6,090.560 $ 13,196.213 $ 158,354.560 FIRE ENGINEER 8 $ 57.090 $ 6,394.080 $ 13,853.840 $ 166,246.080 FIRE ENGINEER-8HR 7 $ 76.110 $ 6,088.800 $ 13,192.400 $ 158,308.800 FIRE ENGINEER-8HR 8 $ 79.940 $ 6,395.200 $ 13,856.267 $ 166,275.200 FIRE CAPTAIN 9 $ 60.840 $ 6,814.080 $ 14,763.840 $ 177,166.080 FIRE CAPTAIN 10 $ 63.890 $ 7,155.680 $ 15,503.973 $ 186,047.680 FIRE CAPTAIN-8HR 9 $ 85.160 $ 6,812.800 $ 14,761.067 $ 177,132.800 FIRE CAPTAIN-8HR 10 $ 89.450 $ 7,156.000 $ 15,504.667 $ 186,056.000 FIRE INSPECTOR 1 $ 64.430 $ 5,154.400 $ 11,167.867 $ 134,014.400 FIRE INSPECTOR 2 $ 67.650 $ 5,412.000 $ 11,726.000 $ 140,712.000 FIRE INSPECTOR 3 $ 71.050 $ 5,684.000 $ 12,315.333 $ 147,784.000 FIRE INSPECTOR 4 $ 74.590 $ 5,967.200 $ 12,928.933 $ 155,147.200 FIRE INSPECTOR 5 $ 78.310 $ 6,264.800 $ 13,573.733 $ 162,884.800 HAZMAT INSPECTOR 1 $ 64.430 $ 5,154.400 $ 11,167.867 $ 134,014.400 HAZMAT INSPECTOR 2 $ 67.650 $ 5,412.000 $ 11,726.000 $ 140,712.000 HAZMAT INSPECTOR 3 $ 71.050 $ 5,684.000 $ 12,315.333 $ 147,784.000 HAZMAT INSPECTOR 4 $ 74.590 $ 5,967.200 $ 12,928.933 $ 155,147.200 HAZMAT INSPECTOR 5 $ 78.310 $ 6,264.800 $ 13,573.733 $ 162,884.800

HAZMAT COORDINATOR 1 $ 70.040 $ 5,603.200 $ 12,140.267 $ 145,683.200 HAZMAT COORDINATOR 2 $ 73.530 $ 5,882.400 $ 12,745.200 $ 152,942.400 HAZMAT COORDINATOR 3 $ 77.190 $ 6,175.200 $ 13,379.600 $ 160,555.200 HAZMAT COORDINATOR 4 $ 81.070 $ 6,485.600 $ 14,052.133 $ 168,625.600 HAZMAT COORDINATOR 5 $ 85.120 $ 6,809.600 $ 14,754.133 $ 177,049.600

63 Appendix B
Catastrophic Leave Policy

The catastrophic leave program permits employees to donate hours of sick leave, vacation leave or compensatory time 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, vacation leave, compensatory time, 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, vacation leave or compensatory time 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 representatives designated by Local 1974 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.)

64 Appendix C
Grievance Review Board Procedures

Each party shall exchange a list of witnesses and exhibits fourteen calendar days prior to the Review Board hearing. Witnesses or exhibits not set forth on the list shall not be called or used, respectively, at the hearing, except for rebuttal. Witnesses and exhibits not on the list shall not be called nor used, respectively, should the grievance proceed to arbitration, except for rebuttal.

Either party may be represented by an attorney or a designated representative and may use an attorney at the Review Board hearing. Any party so choosing to use an attorney shall notify the other party fourteen calendar days prior to the Review Board heari ng and the failure to do so shall preclude that party from using an attorney at the hearing.

Either party may call witnesses and submit exhibits as provided in Section 1, and through the Board, may question the other party’s witnesses. Either party may present that party’s position in writing or orally. The hearing will be conducted in a manner consistent with an individual’s rights under the law. The Review Board may continue the hearing if the Board requests additional information from either party. The Review Board hearing may be recorded electronically or by a court reporter/stenographer.

All members of the Review Board will conduct themselves professionally, with the intent of reaching a fair and just resolution of the grievance submitted. Any Review Board member may question any witness. Any Review Board member who is listed as a witness shall not serve as a Review Board member for that hearing.

At the conclusion of the hearing, the Review Board may entertain oral argument of the parties and shall deliberate in order to reach a decision. The Review Board may deliberate in private.

During deliberations, the Review Board shall review the facts and arguments presented.

After deliberation, the Review Board shall (a) uphold the grievance, (b) deny the grievance, (c) fashion/mediate a resolution that is not in conflict with the labor agreement, or (d) deadlock. A majority vote is needed for items (a), (b) and (c). If the Review Board deadlocks, the grievance shall be submitted within 14 calendar days to the Joint Executive Directors. If, in deciding the grievance, the Review Board determines that either party violated a provision of the Memorandum of Understanding, that d etermination will be submitted in writing to the Joint Executive Directors within fourteen calendar days.

The Review Board may, by majority vote, adopt other reasonable informal procedures to (a) facilitate an efficient and speedy outcome of the grievance, including directions for submitting disputes in writing; (b) to establish time limitations; (c) to establish methods to preserve privacy in EEO related disputes; and (d) to adopt similar matters in furtherance of an appropriate management-labor relationship.

By mutual agreement of the parties, the Review Board hearing may be bypassed and the grievance advanced to the next level of the grievance process.

G.O.#: 200.01 EFFECTIVE DATE: XX/XX/XXXX PREV. DATE: 05/30/2019 Page 3 of 8 Page(s)

65 Appendix DC

LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: 200.01 EFFECTIVE DATE: XX/XX/20 PREV. DATE: 05/30/2019 SECTION: Personnel SUBJECT: General Operations Page 1 of 8 Page (s)

I. PURPOSE:

To establish procedural guidelines for staffing the Operations Bureau of the fire department.

Staffing Captains and Duty Chiefs will use good judgment and discretion when assigning shift-fill for situations not specifically addressed in this policy. Staffing decisions shall be based on all factors and what is best for the organization considering the impact to personnel.

II. RESPONSIBILITY:

A. It will be the responsibility of ALL personnel to follow this procedure.

B. All members are responsible for managing their Telestaff Calendar.

C. All members shall check their Telestaff Calendar at least once a day when on-duty.

D. Captains are responsible for making entries for their assigned crew members.

E. Once staffing has been filled and out bounded by the Staffing Captain(s), no changes shall be made without approval of the Staffing Captain(s) or Duty Chief.

F. All members are responsible for maintaining accurate contact information in both Telestaff and Communicator.

III. DEFINITIONS:

A. Shift Fill - Assignments made to maintain staffing levels, fill vacancies, or attend meetings and/or events required by the fire department. These assignments are voluntary. (Pick List = Available)

B. Mandatory Shift Fill - Assignments made when an individual is ordered to work involuntarily. These can be made for an amount of time. (Exception-Holdovers)

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66 NOTE: Not all Mandatory Assignments result in Mandate Credit; i.e.

C. Emergency Recall – A recall of personnel due to an Emergency Incident, within the fire department’s area of influence, requiring staffing of additional companies.

D. Holdover – The time an individual is held on-duty, for up to two (2) hours, awaiting relief. Time exceeding two (2) hours, shall warrant mandate credit.

E. Selection Factor – Number used to award Shift-Fill.

F. Pick List – The descending list, based on Selection Factor, indicating individual’s availability to be assigned shift-fill; from lowest factor to highest factor.

G. Mandate List - Rotational List based on Rank Seniority that resets November 25th of each year. (1 Year Trail Period). This procedure will remain in effect unless either party objects after 1 Year Trail Period.

H. Operational Period – 24 Hour time period from 0800 – 0800 (Following Day).

I. Ranks/Classifications – Captain – Engineer – Firefighter; within the Firefighter rank there are two (2) Classifications: EMT – Paramedic.

J. Acting Firefighter (FOR) – An individual, who has opted in, that previously held the rank of Firefighter within the fire department. (Tiller Certification when Appropriate)

K. Acting Firefighter/PM (PMR) – A qualified individual, who has opted in, that previously held the rank of Firefighter, classified as a Paramedic, within the fire department.

NOTE: The individual must currently possess a valid State of California Paramedic License AND be accredited in Alameda County as a Paramedic.

L. Acting Engineer (EOR) – An individual currently on the Active Engineer Promotional List (MOU Item); or a qualified individual, who has opted in, that previously held the rank of Engineer within the fire department.

NOTE: The individual must have successfully completed all relevant coursework to include Driver/Operator 1A/1B; and Aerial Certification (Tiller Certification when Appropriate).

M. Acting Captain – An individual currently on the Active Captain Promotional List (MOU Item).

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67 N. Acting Battalion Chief – An individual currently on the Active Battalion Chief Promotional List (MOU Item).

IV. PROCEDURE:

A. Assigning Shift-Fill

1. To maintain adequate staffing levels.

2. Individuals shall indicate their availability in Telestaff.

3. Assignments shall be made 6 Days Out @ 0800 using the following Algorithm:

• On-Duty Relief Pool within Rank & Classification (If Available) • Pick List / Rank-for-Rank

YES – Availability – NO

Fill based on Selection Factor Fill w/ Acting Assignment (96 Hour Maximum) Availability

YES NO Fill w/ Qualified Individual Mandate w/ in Rank (Lowest Factor)

Fill Sequence:

No Availability within Rank
(Mandate – 96 Hour Rule)
FF/EMT FF/PM – Engineer – Captain
FF/PM Engineer – Captain
Engineer Captain – Active Promotional List
Captain Active Promotional List

CONTINGENCY STAFFING

NOTE: Acting Assignments from the Promotional List
will be made in Rank Order

No availability W/ Contingency
Mandate – 120 Hour maximum

RULE BREAKS

• Trade Off Protection
• Trade Revocation
• Vacation Protection
• Vacation Revocation
** (Vacation before AVP) **

EXCEPTION: Holiday Staffing – See Section IV; Sub-Section K

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68 4. Members unavailable when assignments are made are NOT entitled to the shift(s) regardless of their availability subsequent to the staffing assignments being made.

5. Assignments will be made sequentially in descending order, using the Selection Factor and/or the Mandate List. This process will continue until all vacancies are filled. Initial contact with all members assigned to work may be by automation or text notification (Tele-staff).

6. The use of Short-Term Actors to prevent mandatory assignments shall not result in a mandatory assignment within the actor’s respective rank. Any time a Short- Term Actor filling an assignment would prevent a mandate in their respective rank, the Short-Term Actor will return to their rank, and the original vacancy shall be filled as above.

7. Vacancies occurring under 6 Days shall be filled using the same algorithm outlined above if it occurs 37 Hours prior to the Operational Period.

8. Employees who were assigned fewer hours than the vacancy needing to be filled, and who indicated their availability, will be assigned the shift with the greater number of hours. This will continue sequentially until all vacancies are filled.

9. Vacancies occurring 37 Hours or less to the Operational Period will be filled using the same algorithm outlined above; HOWEVER, the first individual contacted shall be awarded the shift(s).

B. Mandatory Shift-Fill

1. The department will maintain a rotational list for Mandatory Shift Fill in each rank that resets November 25th of each year, based on Rank Seniority, with the least senior at the top, and most senior at the bottom.

2. When a Mandatory Assignment is needed, the individual at the top of the list shall be assigned the shift, assuming no Rule Breaks are needed.

Additional Mandatory Assignments will be assigned sequentially following the Mandate
List, regardless of duration, until all shifts have been filled. This process is NOT cumulative; and personnel are not eligible for upgrades. Members cannot be
upgraded unless necessary to prevent Rule Breaks. Members are free to swap mandatory assignments.

3. When a member is assigned Mandatory Shift Fill, their name will be placed at the bottom of the list.

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69 4. Mandatory Assignments shall not exceed 96 Hours unless approved by a Chief Officer.

5. Individuals assigned Mandatory Shift-Fill may find their replacement within their respective rank for all, or part of the assignment. Only one (1) individual, working a minimum of two (2) hours, shall receive mandate credit and be placed at the bottom of the mandate list.

6. Individuals who find their own replacement are EXEMPT from Mandatory Assignment during the Operational Period in which they found relief (Applies ONLY to the original agreement).

7. Under normal staffing operations, no employee shall be mandated while they are on vacation or pre-scheduled trade (Minimum 12 hours). For purposes of staffing, this time will be considered that time from 0800 hours on the day going off-duty, until 0800 hours on the day of your next regularly assigned shift the individual is scheduled to return to duty.

EXCEPTION: Holiday Staffing – See Section IV; Sub-Section K

C. Contingency Staffing

1. If attempts to fill a vacancy using the procedures outlined in Section IV; A-B have been unsuccessful, and prior to mandating an individual to work more than 96 hours, the department will attempt to fill the vacancy with ANY qualified individual, of any rank.

2. The first qualified individual contacted will be assigned the shift(s). This assignment will be a Mandatory assignment.

D. Employee Responsibility

1. Attempts to make contact with the employee shall be made either by automation/text (Telestaff) or by direct contact with the Staffing Captain or Duty Chief. Once contact with the employee has been made, the individual is responsible for the assignment.

2. Individuals not confirming acceptance of their Shift-Fill Assignment 37 Hours prior to the Operational Period shall lose the assignment.

3. Individuals on the Pick List will be awarded shift-fill for any duration, unless they have indicated their desire to work less; i.e. 12 Hours versus 24 Hours.

This does not prevent mandatory assignment for additional hours.

E. Shift-Fill Availability

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70 1. An employee may NOT exceed 96 Hours of continuous work and must have a minimum of 12 hours off after any 120-hour work period, except in emergency situations as determined by a Chief Officer.

2. Members returning from a Strike Team Assignment exceeding 48 Hours shall have a minimum of 24 Hours off; and/or shall not work the next calendar day.

4. An individual who has a signed release from a physician on record with the Duty Chief is eligible for Shift-Fill, voluntarily or involuntarily, effective from their release date. (Refer to IV; A-3)

F. Records Keeping

1. Staffing Captains shall be informed of ALL changes that occur after staffing has been filled. Changes require Staffing Captain and/or Duty Chief Approval.

2. All Hours worked will be recorded hour for hour on the Selection Factor.

EXCEPTION: Emergency Recall will not be added to Selection Factor

3. When an employee graduates from the fire academy, is promoted or demoted, they will be assigned a Selection Factor commensurate with the highest in the respective rank or classification, plus one (1) Hour. Additional employees shall be assigned one (1) additional hour, for a total of two (2) etc.

4. An employee assigned to a Long-Term Acting Position, shall have their factor assigned as outlined above. Their factor in their respective rank will be locked.

Upon returning to their respective rank all hours worked in the acting assignment will be added to their respective rank factor.

G. Finding Relief

1. Contact the individual(s) who have been awarded fewer hours than the shift being given away (Acceptance is Voluntary). This process continues until ALL individuals with fewer hours have been offered the additional hours.

2. Next, contact with the individual(s) on the Pick List who have not been assigned Shift Fill.

3. The use of Short-Term Actors is allowed; however, this can only be performed after 0700 hours on the day of the shift.

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71 4. Personnel shall not enter their own relief until staffing has been filled; Except Trades.

H. Sick Leave (MOU)

1. Employees must notify the Staffing Captain either the night before, between 1900-2000 Hours; or the morning of, between 0630-0700 Hours, of their need to use Sick Leave. In the event the Staffing Captain is unavailable, contact the Duty Chief on their cellular phone.

2. Employees using Sick Leave will be placed in Telestaff as such, for the Entire Tour (48 Hours).

EXCEPTION: The use of Family Sick Leave or Sick Leave for Medical Appointments can be used for the amount of time needed; Sick Leave for Medical Appointment requires approval from the Fire Chief or his/hertheir designee.

3. If an employee is well enough to return to work for the second shift (Operational Period), they must contact the Staffing Captain between 1900- 2000 Hours the
night before the second shift.

I. Vacation (MOU)
NOTE: As outlined in the MOU, vacation must be used in increments of either twenty- four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacation must be taken from either 0800-1200 or 2000-0800.

Employees may take less than twenty-four (24) or twelve (12) hours of vacation provided they find their own their relief. This constitutes a one-one contract, which prohibits the replacement from being awarded additional hours (Upgrade).

NOTE: As outlined in the MOU, vacation can be canceled at any time provided it is done 24 Hours prior to the start of the Operational Period. If canceled under (6) days, the employee must inform the Duty Chief. (Employees are allowed a maximum of 6 Cancelations / Calendar Year Under 6 Days.)

EXCEPTION: Holiday Staffing – Section IV; Sub-Section J J . Emergency Relief

1. Once an employee determines a personal emergency will preclude them from remaining on-duty, the employee shall inform their supervisor of the emergency. Contact with the Duty Chief, through the Chain-of-Command, shall be made.

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72 2. Notification shall include the anticipated time off needed; and whether or not they will be able to return to work.

3. The employee may elect to use vacation, secure a trade, or use Family Sick Leave as outlined in policy.

4. The Staffing Captain shall attempt to secure a replacement through normal staffing procedures in the event the employee is unable to secure relief.

5. The employee will remain on-duty until their replacement arrives; unless the employee requires immediate release from duty based on the nature of the emergency. (Duty Chief Approval)

6. The Duty Chief will determine how best to maintain companies’ in-service with the remaining crew members on duty.

K. Holiday Staffing: 4th of July; Thanksgiving; Christmas Eve, Christmas Day

Staffing for the holidays shall be entered manually by the staffing captain and filled as follows:

1. July 4th - Filled on June 4th
Thanksgiving – Filled on October 25th
Christmas Eve (12/24) and Christmas Day (12/25) – Filled on November 25th; filling Christmas Day (12/25) first…using the reset mandate list.

2. Member CANNOT take vacation on Thanksgiving, Christmas Eve, or Christmas Day UNLESS they find their own relief.

3. Members finding their own relief, either through the use of vacation or trade, cannot enter information into Telestaff until after the holidays have been filled by Staffing.

4. In the event a Shift is scheduled to work both December 24 and December 25, they will swap December 24 with the shift scheduled to work December

23. In this instance, December 23rd is a NO VACATION Day, as this is actually the 24th; and December 24th becomes a VACATION Day, as this is actually the 23rd.

5. Members cannot be assigned Mandatory Shift Fill on Christmas Eve or Christmas Day if their regularly assigned duty day falls on either day. No member shall be assigned Mandatory Shift Fill for both Christmas Eve and Christmas Day.

L. December 15 - January 5th

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73 1. Employees are required to take three (3) 24-Hour Consecutive Shifts of Vacation for Mandatory Assignment Exemption. Trades of any duration during this period DO NOT exempt the employee from a Mandatory Assignment.

2. Vacation must be canceled before it is filled by Staffing.

M. June 25th – July 15th

1. A maximum of seven people daily may be off on trade and/or vacation.

2. Trades can only be entered after the Annual Vacation Pick selections have been completed and inserted into Telestaff.

3. Trades on July 4th can only be entered after Telestaff has been filled on June 4th.

4. Trades of any duration during this period DO NOT exempt the employee from a Mandatory Assignment.

5. Any vacation that is converted to a trade during this time will count for the seven persons off daily.

74 Appendix ED

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 member 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;

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75 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;

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

76 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.

G.O.#: EFFEC. DATE: PREV. DATE : Page 77 of 12 Pages
77 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. 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. Notwith standing 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.

G.O.#: EFFEC. DATE: PREV. DATE: Page 78 of 12 Pages

78 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.

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 us e 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 r equired 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

G.O.#: EFFEC. DATE: PREV. DATE: Page 79 of 12 Pages

79 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.

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 undergo 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.

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80 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 performance, 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”.

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 reasonable 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 LPFD 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,

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81 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 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 t o 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

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82 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.

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. F ollow-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

G.O.#: EFFEC. DATE: PREV. DATE: Page 83 of 12 Pages

83 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.

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 opportunity 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

G.O.#: EFFEC. DATE: PREV. DATE: Page 84 of 12 Pages

84 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 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;

G.O.#: EFFEC. DATE: PREV. DATE: Page 85 of 12 Pages

85 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;

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

86 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.

ATTACHMENT A
87 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, articulable 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:

______________________________________________________________________ Signature Print Name Title Date Time

Item #24

CITY COUNCIL AGENDA REPORT

July 15, 2025
Public Works - Utilities Division

TITLE: ACCEPT THE FINAL WATER RATE STUDY REPORT AND AUTHORIZE PROPOSITION 218 NOTICING FOR WATER AND SEWER RATE CHANGES

SUMMARY
The City owns and operates potable and recycled water systems that provide service to over 22,000 metered customers. The City financially manages these systems as enterprise funds, meaning revenues from user charges cover the costs of providing water services. On September 3, 2024, the City contracted with Water Resources Economics, LLC (WRE) to perform a comprehensive water rate study to establish cost-based, fair, and legally defensible rates and connection fees to support the long-term financial sustainability of the City’s water program. The objectives of the study are to evaluate a five-year financial plan scenario (fiscal year 2024/25 through 2028/29) to determine revenue needs, conduct a cost-of-service analysis, develop four-year potable water, recycled water and drought rate schedules for calendar years 2026 through 2029, and develop updated water connection fees for 2026 that will be annually increased by the consumer price index (CPI).

The 2025 Water Rate Study report documents the proposed rate development process and enhances legal defensibility by providing transparency and demonstrating a sufficient nexus between the costs incurred by the City and the rates charged to customers. The proposed four-year potable water, recycled water, and drought rate schedules and the connection fee schedule are included in the 2025 Water Rate Study report and illustrated in the attached Proposition 218 Notice. Impacts to customers from the proposed rates and connection fees are summarized in the discussion section of this staff report.

Under Proposition 218, the City must notify all property owners or customers of record of proposed changes to water rates and hold a public hearing to adopt those rates. If a majority of customers submit a written protest, the proposed rate changes cannot be adopted. If a majority of written protests are not received, the City Council may adopt the proposed changes but is not obligated to do so. Attached to this staff report is the proposed Proposition 218 Notice, which, in addition to water rates, includes notice of a proposed annual increase of sewer rates per the CPI of 2.7 percent effective January 2026. Later this year, the City will conduct a sewer rate study to determine any necessary rate adjustments moving forward to meet the City’s sewer collection system needs. Although changes to connection fees are not covered by Proposition 218 requirements, the attached notice includes these proposed fees for informational purposes.

The next steps in the process include conducting a public review period in August and September of 2025, followed by a public hearing to adopt rates and connection fees on October 7, 2025. If approved, the updated rates and connection fees will become effective on January 1, 2026.

RECOMMENDATION

1. Accept the 2025 Water Rate Study Report

2. Authorize Proposition 218 noticing for water and sewer rate changes

BACKGROUND
The City is a water retailer that operates and maintains distribution systems to deliver water to City residents and businesses for domestic, commercial, irrigation, firefighting and other uses.

Zone 7 Water Agency (Zone 7) is the Tri-Valley’s potable water wholesaler, procuring water from the California Department of Water Resources (DWR) and producing water from its regional wells, which Zone 7 then sells to the City and other Tri-Valley water retailers for distribution. Since November 2022, the City has been receiving 100 percent of its potable water supply from Zone 7 when the City elected to discontinue the use of the City’s groundwater supply wells because of the presence of per- and polyfluoroalkyl substances (PFAS) at concentrations above (then) upcoming regulatory requirements.

In 2023, the City Council approved a two-year water rate increase of 30 percent effective January 2024 and 12 percent effective January 2025 to maintain adequate funding for short- term operations and maintenance of the water system and to replenish the reserves to City Council-approved levels. Subsequently, in 2024, the City Council approved the Water System Management Plan (WSMP), which identified a 20-year Capital Improvement Program (CIP) and long-term operations and maintenance strategies. The WSMP serves as the foundation for the financial needs of the water program moving forward. In 2024, the City also contracted with Water Resources Economics, LLC (WRE) to perform a water rate study to establish cost- based, fair, and legally defensible rates and connection fees to support the long-term financial sustainability of the City’s water program.

To recommend new water rates, the City followed a multiple-step process that complies with Proposition 218 and industry best practices. In March 2025, the City Council approved a water system financial plan prepared by WRE, which included implementing an enhanced CIP delivery model from the WSMP. The financial plan recommended revenue increases of 15 percent for the first two years and 8 percent for the following two years and issuance of $35 million of debt to fund near-term capital improvements. Subsequently, in May 2025, WRE performed a rate design analysis to allocate the revenue requirements determined as part of the financial plan among the different customer classes. The City Council approved the recommended rate structure, which included uniform consumption-based variable charges for all customer classes (as opposed to tiered) to be consistent with recent legal rulings that require strict proportionality of water charges to reflect the actual cost of service. The recommended rate structure also included Zone 7’s fixed costs being 100 percent recovered as pass-through fixed charges to customers (as opposed to a portion of Zone 7’s fixed costs recovered as variable charges) to reduce financial risk to the water program in periods of reduced water demand.

In June 2025, WRE performed an analysis for drought rates, which are consumption-based surcharges that can be implemented during water shortage emergencies to maintain the City’s financial position. The City Council approved the recommended rate structure, which includes a usage allotment for all customers of 8 centum cubic feet (ccf) every bi-monthly billing period that is exempt from the drought rate charges. The allotment accounts for the difficulty of

reducing low-end usage during water shortage emergencies but encourages reducing high- end usage to meet needed conservation targets. In June 2025, WRE also performed an analysis of connection fees, which are one-time capital fees assessed against new developments to recover the proportional share of capital facility investment to be constructed or previously constructed to accommodate growth. City Council approved utilizing the hybrid method for connection fee calculations, which is typically used for water systems like the City that have some capacity available to serve new growth but also require some additional expansion.

DISCUSSION
WRE has prepared the 2025 Water Rate Study report to document the proposed rate development process and enhance legal defensibility by providing transparency and demonstrating a sufficient nexus between the costs incurred by the City to provide water service and the rates charged to customers. The objectives of the rate study and report are to:
• Evaluate a five-year financial plan scenario (Fiscal Year 2024/25 through 2028/29) to meet financial targets and determine revenue needs
• Conduct a cost-of-service analysis based on the most recent data and customer use characteristics
• Develop a four-year potable and recycled water rate schedule for calendar years 2026 through 2029
• Develop a four-year drought rate schedule for calendar years 2026 through 2029 • Develop updated water connection fees for 2026 that will be annually increased by the consumer price index (CPI).

The proposed four-year potable water, recycled water, and drought rate schedules and connection fee schedule are included in the attached Proposition 218 notice (Attachment 1) and 2025 Water Rate Study report (Attachment 2). Customer impacts are summarized below.

Potable Water Rate Impacts
The potable water rates are made up of two components: (1) City fixed and variable charges for delivery of water to customers and (2) Zone 7 fixed and variable charges which are pass- through costs collected by the City to cover the costs for water supply purchases. The Zone 7 proposed rates assume a 5 percent increase each year; however, the rates are subject to change based on actual costs set by Zone 7. The table below shows the impacts of the proposed combined potable water rates on bills for single-family customers with a five-eighths- inch meter (the most common customer) at various levels of bi-monthly usage.

Table 1. Proposed Potable Water Bills - Single Family Customers

The below figures compare these proposed bi-monthly bills for low, average, and high usage versus the current bills for nearby agencies who also rely on imported water from Zone 7.

Figure 1. Bi-Monthly Water Bill Comparison - Low-Usage

Figure 2. Bi-Monthly Water Bill Comparison - Average Usage

Figure 3. Bi-Monthly Water Bill Comparison - High-Usage

Recycled Water Rate Impacts
The table below shows the impacts of the proposed recycled water rates on bills for customers with a one-and-one-half-inch meter (the most common customer) at various levels of bi- monthly usage.

Table 2. Proposed Recycled Water Bills

Drought Rate Impacts
The figures below illustrate the impacts of the proposed drought rates on a single-family customer with a five-eighths-inch meter with average usage of 24 ccf every two months under Stage 2 and 3 drought emergencies (most common customer under most likely drought conditions). Under both stages, the customer will receive additional charges due to the drought surcharge, however, if they reduce their usage according to the stage requirements, they will have a lower bi-monthly bill.

Figure 4. Bi-Monthly Drought Rate Comparison - Stage 2

Figure 5. Bi-Monthly Drought Rate Comparison - Stage 3

Connection Fee Impacts
The figure below shows the current and proposed water connection fees on an equivalent meter unit basis relative to the connection fees of other nearby agencies who also import water from Zone 7.

Figure 6. Connection Fee Comparison

NEXT STEPS
Under Proposition 218, the City must notify all property owners or customers of record of proposed changes to the water rates and hold a public hearing to adopt rates. The City must mail public hearing notices to all customers no fewer than 45 days prior to the public hearing.

The notice must clearly show all proposed rate changes, provide information on the public hearing date/time/location, and provide instructions on how customers may protest the proposed rate changes. If a majority of customers submit a written protest, the proposed rate changes cannot be adopted. If a majority of written protests is not received, the City Council may adopt the proposed changes but is not obligated to do so.

Attached to this staff report is the proposed Proposition 218 Notice. Included in the notice is an annual increase of sewer rates per the CPI of 2.7 percent effective January 2026. Later this year, the City will conduct a sewer rate study to determine any necessary rate adjustments moving forward to meet the City’s sewer collection system needs. Also note that although changes to connection fees are not covered by Proposition 218 requirements, the notice includes the proposed fees for informational purposes.

Upon acceptance of the 2025 Water Rate Study report and authorization of Proposition 218 noticing, staff will proceed to the next milestones as follows:
• Mail public hearing notice – July 30, 2025
• Public review period – August and September 2025
• Public hearing and adoption of rates and connection fees – October 7, 2025 • New water and sewer rates and water connection fees effective - January 1, 2026

EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs to meet the needs of all community members, including water supply and delivery. Completing the water rate study provides information intended to support the fiscal sustainability of the City's water enterprise fund.

OUTREACH
The City has proactively shared information on water activities and conducted the following activities to promote collaboration and transparency:

• Pleasanton Water Open House
• “Let’s Talk Water” Questionnaire
• Press Releases
• Pleasanton Pipeline Newsletter
• Social Media Posts on Water Wednesdays
• Updated Pleasanton Water Webpages
• Online Portal, Bills Messages, and Notices

The City also engaged the Pleasanton Water Advisory Group (PWAG) to provide input and feedback on the rate and connection fee process. The PWAG consists of members who reflect a broad spectrum of community interests and perspectives.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Funding our Future, Strategy 3 - Evaluate and update enterprise revenue sources, including utility rates, and connection and user fees to address growth and meet current needs.

FISCAL IMPACT
This item has no fiscal impact at this time. Staff will propose necessary budget adjustments based on the results of the water rate and connection fee process for City consideration and approval in future budget cycles.

Prepared by: Submitted by: Approved by:

Todd Yamello, Utilities
Planning Manager - Public
Works
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Proposition 218 Notice

2. 2025 Water Rate Study Report by WRE

3. Presentation

ATTACHMENT 1
The Proposition 218 notice may be accessed here:
https://weblink.cityofpleasantonca.gov/weblink/0/doc/310721/Page1.aspx

ATTACHMENT 2
The 2025 Water Rate Study Report may be accessed here:
https://weblink.cityofpleasantonca.gov/weblink/0/doc/310722/Page1.aspx

6/30/2025
City of Pleasanton
City Council – 2025 Water Rate Study Report and Proposition 218 Noticing July 15, 2025
1 Agenda
• Overview of Rate Study Process
• Rate Study Challenges
• How Water Rates Benefit the Community
• Proposed Water Rates
• Proposed Drought Rates
• Proposed Water Connection Fees
• Rate Study Report
• Proposition 218 Notice
• Next Steps and Schedule
2 1
2 ATTACHMENT 3

6/30/2025
Overview of Rate Study Process
3 Rate Study Challenges
Financial Challenges
• Develop funding plan for long-term Water System Management Plan costs (“Enhance” scenario includes $73 million of CIP over 5 years with $35 million of new debt) Defensibility Challenges
• Adjust water rate structure based on recent court cases to prove cost justification, collapse all tiers and customer classes – uniform rate structure Rate Structure Challenges
• Recover 100% of Zone 7 fixed costs from Zone 7 fixed meter charges to enhance financial resiliency
4 3
4

6/30/2025
How Water Rates Benefit the Community
Safe and Sustainable Water Supply
• Secure cost-effective local water supply source in the future by investing in local groundwater well improvements
Rate Structure Equitability
• Improve defensibility of rate structure and equity between customers – all customers are charged the same rates
Infrastructure Reliability
• Enhance reliability of critical infrastructure, reduce risk of future service level interruptions due to asset failure
5 Water Rates – City Rates
6 City Rates Current Rates Effective
1/1/2026
Effective
1/1/2027
Effective
1/1/2028
Effective
1/1/2029
City Bi-Monthly Fixed Charge (Potable Water)
5/8" $5.53 $11.90 $18.33 $21.27 $24.51
3/4" $6.59 $14.46 $23.60 $27.68 $32.21
1" $9.25 $19.56 $34.10 $40.49 $47.57
1 1/2" $16.14 $32.32 $60.39 $72.53 $86.02
2" $20.39 $47.64 $91.93 $110.99 $132.16
3" $51.16 $96.12 $191.79 $232.73 $278.22
4" $87.23 $167.58 $338.96 $412.14 $493.49
6" $151.96 $338.56 $691.10 $841.45 $1,008.58
8" $374.78 $721.36 $1,479.53 $1,802.63 $2,161.82
10" $586.99 $1,078.63 $2,215.36 $2,699.69 $3,238.13
City Variable Charge $2.47 - $4.73 $2.97 $3.70 $4.08 $4.50 5 6

6/30/2025
Water Rates – Zone 7 Passthrough
7 Zone 7 Passthrough Current Rates Effective
1/1/2026
Effective
1/1/2027
Effective
1/1/2028
Effective
1/1/2029
Zone 7 Bi-Monthly Fixed Charge (Potable Water)
5/8" $18.48 $46.43 $48.75 $51.18 $53.74
3/4" $27.71 $69.64 $73.12 $76.78 $80.61
1" $50.81 $116.06 $121.87 $127.96 $134.36
1 1/2" $110.87 $232.13 $243.73 $255.92 $268.71
2" $147.82 $371.40 $389.97 $409.47 $429.94
3" $415.78 $812.44 $853.06 $895.71 $940.50
4" $729.91 $1,462.39 $1,535.51 $1,612.29 $1,692.90
6" $1,293.52 $3,017.63 $3,168.52 $3,326.94 $3,493.29
8" $3,233.81 $6,499.52 $6,824.49 $7,165.72 $7,524.00
10" $5,081.71 $9,749.28 $10,236.74 $10,748.58 $11,286.01 Zone 7 Variable Charge $3.66 $2.73 $2.86 $3.01 $3.16
Water Rates – Combined
8 Combined Rates Current Rates Effective
1/1/2026
Effective
1/1/2027
Effective
1/1/2028
Effective
1/1/2029
Bi-Monthly Fixed Charges (Potable Water)
5/8" $24.01 $58.33 $67.08 $72.45 $78.25
3/4" $34.30 $84.10 $96.72 $104.46 $112.82
1" $60.06 $135.62 $155.97 $168.45 $181.93
1 1/2" $127.01 $264.45 $304.12 $328.45 $354.73
2" $168.21 $419.04 $481.90 $520.46 $562.10
3" $466.94 $908.56 $1,044.85 $1,128.44 $1,218.72
4" $817.14 $1,629.97 $1,874.47 $2,024.43 $2,186.39
6" $1,445.48 $3,356.19 $3,859.62 $4,168.39 $4,501.87
8" $3,608.59 $7,220.88 $8,304.02 $8,968.35 $9,685.82
10" $5,668.70 $10,827.91 $12,452.10 $13,448.27 $14,524.14 Variable Charge ($/ccf) $6.13 - $8.39 $5.70 $6.56 $7.09 $7.66 7 8

6/30/2025
Customer Impacts
(Water, Single Family, 5/8” Meter)
9 Usage Level Usage (ccf) Current Bill Proposed Bill Difference ($) Difference (%) Very Low Usage (10th percentile) 5 $54.76 $86.83 $32.07 58.6% Low Usage (30th percentile) 10 $85.51 $115.33 $29.82 34.9% Median Usage (50th percentile) 16 $122.41 $149.53 $27.12 22.2% Average Usage 24 $176.05 $195.13 $19.08 10.8%
High Usage (75th percentile) 28 $205.09 $217.93 $12.84 6.3% Very High Usage (95th percentile) 70 $533.91 $457.33 ($76.58) -14.3% Water Bill Comparison
10 9
10

6/30/2025
Recycled Water Rates – City Rates
11 Recycled Water Rates Current Rates Effective
1/1/2026
Effective
1/1/2027
Effective
1/1/2028
Effective
1/1/2029
Bi-Monthly Fixed Charges (Recycled Water)
5/8" $5.53 $10.48 $12.06 $13.03 $14.08
3/4" $6.59 $12.32 $14.17 $15.31 $16.54
1" $9.25 $16.01 $18.42 $19.90 $21.50
1 1/2" $16.14 $25.21 $29.00 $31.32 $33.83
2" $20.39 $36.25 $41.69 $45.03 $48.64
3" $51.16 $71.22 $81.91 $88.47 $95.55
4" $87.23 $122.76 $141.18 $152.48 $164.68
6" $151.96 $246.06 $282.97 $305.61 $330.06
8" $374.78 $522.13 $600.45 $648.49 $700.37
10" $586.99 $779.79 $896.76 $968.51 $1,046.00
Variable Charge ($/ccf) $4.81 $5.23 $6.02 $6.51 $7.04
Customer Impacts
(Recycled Water, 1-1/2” Meter)
12 Usage Level Usage (ccf) Current Bill Proposed Bill Difference ($) Difference (%) Very Low Usage (10th percentile) 2 $25.76 $35.67 $9.91 38.5% Low Usage (30th percentile) 49 $256.08 $281.48 $25.40 9.9% Median Usage (50th percentile) 173 $883.29 $930.00 $46.71 5.3% Average Usage 560 $2,780.83 $2,954.01 $173.18 6.2%
High Usage (75th percentile) 493 $2,523.29 $2,603.60 $80.31 3.2% Very High Usage (95th percentile) 1,997 $9,980.35 $10,469.52 $489.17 4.9% 11 12

6/30/2025
Proposed Drought Rates
13 Drought Rates Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Usage Reduction 10% 20% 30% 40% 50% 60%
Current Drought Rates (10 ccf allotment)
Single Family
Tier 1 $0.77 $1.92 $3.54 $6.34 $11.91 $17.90
Tier 2 $0.90 $2.24 $4.14 $7.40 $13.90 $20.90
Tier 3 $0.98 $2.43 $4.48 $8.01 $15.05 $22.61
Tier 4 $1.01 $2.52 $4.67 $8.36 $15.70 $23.60
Multi-Family $0.77 $1.91 $3.53 $6.32 $11.87 $17.82
Commercial $0.78 $1.96 $3.62 $6.46 $12.15 $18.26
Industrial $0.78 $1.96 $3.62 $6.46 $12.15 $18.26
Irrigation $0.90 $2.25 $4.16 $7.42 $13.95 $20.96
Proposed Drought Rates (8 ccf allotment)
Year 1 $0.44 $1.02 $1.84 $3.08 $5.18 $9.54
Year 2 $0.51 $1.18 $2.12 $3.55 $5.96 $10.98
Year 3 $0.56 $1.28 $2.29 $3.84 $6.44 $11.86
Year 4 $0.61 $1.39 $2.48 $4.15 $6.96 $12.81
Customer Impacts
(Drought Rates Stages 2 & 3, Single Family, 5/8” Meter, 24 ccf) 14 Stage 2 (20% Reduction) Stage 3 (30% Reduction)
13 14

6/30/2025
Proposed Water Connection Fees
15 Meter Size Capacity (gpm) Meter Ratio Buy-In Fee Incremental Fee Total Fee
5/8" 22 1.00 $2,444 $2,825 $5,269
3/4" 32 1.45 $3,555 $4,109 $7,664
1" 55 2.50 $6,110 $7,063 $13,173
1 - 1/2" 100 4.55 $11,109 $12,841 $23,950
2" 200 9.09 $22,218 $25,682 $47,900
3" 500 22.73 $55,545 $64,205 $119,750
4" 1,250 56.82 $138,864 $160,511 $299,375
6" 2,500 113.64 $277,727 $321,023 $598,750
8" 3,500 159.09 $388,818 $449,432 $838,250
10" 5,500 250.00 $611,000 $706,250 $1,317,250
Water Connection Fee Comparison
16 15
16

6/30/2025
Rate Study Report
• The Water Rate Study Report is complete and includes:
• Executive summary – main overview of results, processes, and recommendations • Financial plan – detailed section for financial plan and revenue requirement • Cost-of-service analysis – detailed section for cost-of-service allocations and results • Proposed rates – detailed section for calculation of water, recycled water, and drought rates • Proposed connection fees – detailed section for calculation of water connection fees • Appendices – relevant additional information
• Rate study report is also known as an “administrative record” • Report has been reviewed by staff and legal counsel
17 Rate Study Report
Why is this Important?
• Proposition 218 requires that agencies show the “nexus” between the cost of providing water service and the rates that are charged to customers • The rate study report is how we “show our work” and prove the nexus • All detailed sections walk through every calculation and assumption used to determine the water rates and connection fees
• The report is the City’s defense in case of legal challenges 18 17
18

6/30/2025
Proposition 218 Notice
19 Next Steps and Schedule
Upcoming Meetings and Milestones
• City Council meeting: July 15 (today)
• Last day to mail out notices: July 30
• Public Review Period: August and September
• City Council meeting: October 7 (Public Hearing to adopt water rates) • New rates effective: January 1, 2026
20 19
20

6/30/2025
Contact Information
Sanjay Gaur
Founder / President
[email protected]
Nancy Phan
Principal Consultant
[email protected]
21 Process Overview
• October 22, 2024 – PWAG Meeting (kick-off)
• February 10, 2025 – PWAG Meeting (financial plan scenarios) • March 4, 2025 – City Council Meeting (financial plan scenarios) • April 9, 2025 – PWAG Meeting (preliminary rate scenarios) • May 6, 2025 – City Council Meeting (preliminary rate scenarios) • May 12, 2025 – PWAG Meeting (rates, drought rates, connection fees) • June 3, 2025 – City Council Meeting (rates, drought rates, connection fees) 22 21
22

Item #25

CITY COUNCIL AGENDA REPORT

July 15, 2025
City Attorney

TITLE: RECEIVE A REPORT AND PROVIDE DIRECTION TO EXPLORE POTENTIAL

PLACEMENT OF A FUTURE BALLOT MEASURE TO BECOME A CHARTER CITY

SUMMARY
This report provides background on the nature of charter cities and the process to become a charter city and seeks direction from the City Council to explore a potential future ballot measure to become a charter city.

RECOMMENDATION
Receive a report and provide direction to explore potential placement of a future ballot measure to become a charter city.

BACKGROUND
At the May 7, 2024, City Council meeting, Vice Mayor Testa introduced a request under the Matters Initiated portion of the agenda to explore the creation of a charter for the City of Pleasanton. By majority consensus, the City Council agreed to receive more information from staff about the process.

Becoming a charter city would provide Pleasanton with enhanced local control over municipal revenues and operations. The primary fiscal benefit is the ability to implement a voter- approved real property transfer tax that could generate significant funding for essential City services, infrastructure, and community priorities. Charter cities in the East Bay have successfully implemented transfer taxes ranging from $7.00 to $15.00 per $1,000, generating millions in annual revenue for critical services and other growing expenses.

On July 16, 2024, the City Council received an update on the process and timeline to explore the establishment of a Charter City.

See weblink.cityofpleasantonca.gov/WebLink/0/doc/308982/Page1.aspx. Staff outlined the process for a general law city to become a charter city, including community engagement, required public hearings, and potential California Environmental Quality Act (CEQA) review, as well as possible discussions with affected bargaining groups, before the charter is placed on the ballot for voter approval. Staff explained that the amount of time needed to complete this process and the cost associated with the project depend on various factors, including the length of the charter document, its complexity, and the amount of public input considered during its creation.

In the report, staff shared that the next opportunity to include a charter on a consolidated general election ballot would be the November 2026 ballot. The goal was to return to the City Council in 2025 to receive direction and determine if there is support to proceed with designing a process to place this issue before voters.

DISCUSSION
I. General Law Cities and Charter Cities

California has two types of cities: charter cities and general law cities. Pleasanton is currently a general law city, and is subject to the state’s general law on all matters, regardless of whether the subject concerns a "municipal affair."

General law cities are organized as provided in the Government Code. (Government Code, §34102.) General law cities have powers conferred by the California Constitution, including the “police power,” as well as those powers granted by state law. (California Constitution, article XI, §7.)

Charter cities, on the other hand, have the right to adopt and enforce laws (i.e., ordinances) regarding “municipal affairs,” subject only to the conflicting provisions in the state or federal constitutions, federal laws, or state statutes in matters of “statewide concern.” (California Constitution, article XI, §5.)

There are some “municipal affairs” referenced explicitly in the California Constitution. They include the regulation and government of a city police force, subgovernments, city elections, and their elected and appointed city officials and employees. (California Constitution, article XI, §5.) However, most “municipal affairs” are determined by courts on a case-by-case basis.

Therefore, the concept of “municipal affairs” is not a fixed quantity, but one that changes over time. Likewise, the courts and the Legislature determine on a case-by-case basis what is a matter of “statewide concern.”

The authority of a charter city derives directly from the California Constitution, not from the charter itself. Therefore, it is essential to remember that a charter is not a grant of power, but rather a limitation and restriction on the exercise of power over all municipal affairs. That is why some city charters are as short as one page.

II. Municipal Affairs and Matters of Statewide Concern

As mentioned above, what constitutes municipal affairs and matters of statewide concern has been determined over time by the courts and the Legislature. Examples of areas that have been determined to be municipal affairs include, but are not limited to, public contracting, prevailing wage, fiscal affairs, and planning and zoning. Recently, as to municipal affairs, two issues have been the subject of the most interest by cities: (1) land use and housing; and (2) the power to establish and impose real property transfer taxes that exceed state law limits.

A. Land Use and Housing

Government Code sections 65700 and 65803 generally exempt charter cities from state law planning and zoning requirements. However, charter cities are still required to adopt a general plan.

When it comes to issues of traditional planning and zoning, the courts have generally upheld these exemptions for charter cities. For example, in Sacramentans for Fair Planning v. City of Sacramento (2019) 37 Cal. App. 5th 698, the court confirmed that the requirement under state

law that zoning ordinances be “uniform for each class of building or use of land throughout each zone” (“zoning uniformity requirement”) did not apply to charter cities.

However, as it pertains to housing issues, over the years, the courts and the Legislature have largely eroded these exemptions for charter cities. For example:
• In 2018, the Legislature adopted Senate Bill 1333 (SB 1333), which made charter cities subject to several planning laws that previously only applied to general law cities. This legislation was mainly adopted in response to The Kennedy Commission v. City of Huntington Beach (2017) 16 Cal. App. 5th 841. In that case, the court confirmed that, for charter cities, zoning ordinances and specific plans are not required to be consistent with the general plan. Some housing advocates were concerned that the ruling in that case would allow charter cities to take zoning and specific plan actions inconsistent with housing elements approved by the state Department of Housing and Community Development (HCD). Among other things, SB 1333 now requires a charter city's zoning ordinance to be consistent with its adopted general plan. • In Anderson v. City of San Jose (2019) 42 Cal. App. 5th 683, the court determined that the provisions of the state’s Surplus Land Act apply to charter cities because the shortage of sites available for affordable housing development is a matter of statewide concern.
• In California Renters Legal Advocacy & Education Fund v. City of San Mateo (2021) 68 Cal. App. 5th 820, the court determined that the state’s Housing Accountability Act (HAA) (Government Code, 65589.5) applies to charter cities. The court found that the HAA, which has the express purpose of ameliorating the housing crisis and seeks to accomplish this goal by increasing approval of housing developments, patently addresses a matter of statewide concern.
• In Ruegg & Ellsworth v. City of Berkeley (2021) 63 Cal. App. 5th 277, the court held that the streamlined development approval process for certain affordable housing projects contained in Senate Bill 35 (SB 35) (Government Code, section 65913.4) addressed affordable housing as a matter of statewide concern, and, therefore, preempted the City’s ability to regulate historic landmarks. • In 2023, the City of Huntington Beach brought a federal court action against the state, arguing that SB 1333 and the HAA cannot be applied to charter cities. The City also sought declaratory and injunctive relief to invalidate and prevent the enforcement of the State of California's Regional Housing Needs Allocation Laws (RHNA Laws). The court held that the City lacked standing to raise federal constitutional claims against the state, based on case law which forbids political subdivisions and their officials from challenging the constitutionality of state statutes in federal court. (City of Huntington Beach v. Newsom, 2024 U.S. App. LEXIS 27528 (9th Cir. 2024).) • In AIDS Healthcare Foundation v. Bonta (2024) 101 Cal. App. 5th 73 the court considered a challenge to Senate Bill 10 (SB 10), which grants counties and cities some discretion, on a parcel-by-parcel basis, to supersede local housing density caps, even if those caps have been adopted by voter initiative. In that case, the court held that the shortage of housing in California addressed by SB 10 is a matter of statewide concern and, therefore, it applies to charter cities.

One apparent exception to this trend is City of Redondo Beach v. Bonta (2024), which involved a challenge to Senate Bill 9 (SB 9). SB 9 requires a proposed housing development containing

no more than two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. In the Redondo Beach case, the Superior Court found that the Legislature’s determination that SB 9 was a matter of statewide concern was based on the state’s interest in “access to affordable housing.” The court found that, although SB 9 may have addressed the shortage of housing in general, it was not reasonably related to ensuring access to “affordable housing” and, therefore, is unconstitutional as violative of the “home rule” doctrine.

While this ruling creates limited precedent for charter city autonomy, several important caveats apply. First, the decision currently affects only the five petitioner cities and is pending appeal.

Second, the Legislature has already introduced Senate Bill 450 to strengthen state housing law enforcement mechanisms and address the court’s concerns. Finally, charter status does not exempt cities from the vast majority of state housing laws, as demonstrated by Huntington Beach’s losses in six out of seven housing-related lawsuits since 2015. Courts consistently uphold state housing laws when they contain proper findings of statewide concern.

It should also be noted that another case from the same Superior Court in Los Angeles County, City of Rancho Palos Verdes v. Bonta (2023), came to the opposite conclusion. In that case, the court found that SB 9 “encourages the creation of new housing developments, which is rationally related to the stated government interest.” The Superior Court’s determination in that case has also been appealed.

B. Real Property Transfer Taxes

A real property transfer tax is a tax imposed on the conveyance of real property based on the value of the property. Under state law and the Pleasanton Municipal Code, the City currently imposes a real property transfer tax in the amount of $0.275 for each $500.00. (Revenue and Taxation Code, § 11911; Pleasanton Municipal Code, § 3.16.020.) Proposition 62, enacted by the voters in 1986, generally prohibits cities from enacting new or additional real property transfer taxes. (See Government Code, § 53725) However, the California courts have concluded that Proposition 62’s limitation does not apply to charter cities and therefore, a charter city may enact a real property transfer tax at a higher rate than the state law’s rate, subject to voter approval. (Fielder v. City of Los Angeles (1993) 14 Cal.App.4th 137.)

A real property transfer tax is assessed when real property, i.e., land and improvements, is sold. The tax is paid upon the close of escrow and collected by the County Recorder’s Office, which remits it to the City. The seller is generally responsible for paying the real property transfer tax. However, the buyer and seller can negotiate who will pay the tax in the purchase agreement.

In the East Bay, eight charter cities have enacted real property transfer taxes at a rate higher than the state law’s rate:

Alameda County:
• Alameda
o $12.00 per $1,000

• Albany
o $15.00 per $1,000

• Berkeley
o $15.00 per $1,000 (values up to $1,600,000)
o $25.00 per $1,000 (values over $1,600,000)

• Emeryville
o $12.00 per $1,000 (values under $1,000,000)
o $15.00 per $1,000 (values between $1,000,000 and $2,000,000) o $25.00 per $1,000 (values over $2,000,000)

• Hayward
o $8.50 per $1,000

• Oakland
o $10.00 per $1,000 (values of $300,000 or less)
o $15.00 per $1,000 (values more than $300,000 up to $2,000,000) o $17.50 per $1,000 (values more than $2,000,000 up to $5,000,000) o $25.00 per $1,000 (values more than $5,000,000)

• Piedmont
o $13.00 per $1,000

• San Leandro
o $11.00 per $1,000

Contra Costa County:
• El Cerrito
o $12.00 per $1,000

• Richmond

o $7.00 per $1,000 (values less than $1,000,000)
o $12.50 per $1,000 (values more than $1,000,000 up to $3,000,000) o $25.00 per $1,000 (values more than $3,000,000 up to $10,000,000) o $30.00 per $1,000 (values more than $10,000,000)

As a general law city, Pleasanton currently receives the standard rate of $0.55 per thousand dollars of the price of transfers within the City. This is one half of the total Real Property Transfer Tax rate charged within the City (as specified in California Revenue and Taxation Code Sections 11911-11929), with the other half being allocated to the County of Alameda. In fiscal years 2022/23 and 2023/24, the City received $651,000 and $853,000 in revenue, respectively.

If the City becomes a charter city, the City Council could decide to place on the ballot a real property transfer tax higher than the state law’s rate. HdL Coren & Cone, the City’s tax consultant, estimates that if the City were to impose a transfer tax of $6.00 per $1,000 of value, the City could receive annual revenue of between $7,020,229 and $9,793,864, depending on sales activities. If the City were to impose a transfer tax of $12.00 per $1,000 of value, the City could receive annual revenue of between $14,040,458 and $19,587,729, depending on the volume of sales activities. If the City imposes its tax rate, the standard $0.55 per thousand that the City currently receives will go to the County, and the County will receive the full $1.10 base tax.

III. Process to Become a Charter City

A. Drafting a Charter

A charter may be drafted by: (1) an elected charter commission; (2) a charter committee appointed by the City Council; or (3) the City Council itself.

State law provides that a 15-member elected charter commission may propose city charters. (Government Code, 34450 et seq.) For cities the size of Pleasanton, this process is rarely used.

The most commonly used methods for drafting a charter are either to have the City Council itself propose a charter to the voters or to have an appointed charter committee submit a proposed charter to the City Council for consideration.

B. The Contents of a Charter

As stated above, a charter is not a grant of power, but a limitation and restriction on the exercise of power over all municipal affairs. Therefore, a simple charter that establishes the City as a charter city and provides that all matters deemed municipal affairs may be controlled by an ordinance enacted by the City Council provides the maximum flexibility (and power) to the City Council. Alternatively, some city charters provide a great deal of detail on how to exercise control over municipal affairs, which acts as a restriction on future city councils' power over municipal affairs. The amount of detail that is included in a proposed charter is a policy decision to be made by each city.

Recent charter elections demonstrate that simple, focused charters have significantly higher success rates. Complex charters with detailed provisions create multiple points of opposition.

Staff recommends a concise charter that establishes charter city status and provides essential powers related to taxation and municipal affairs, while preserving the City’s existing governmental structure.

C. Placing the Charter on the Ballot

The voters must approve a charter at a statewide general election. Prior to submitting a proposal to adopt a charter to the voters, the City Council must hold at least two public hearings on the proposed charter. The second public hearing must be held at least 30 days after the first public hearing has been held. At least one of the public hearings must be held outside of normal business hours to facilitate public participation. The City Council cannot conduct a vote on whether to approve submitting the proposal to the voters for adoption of a charter until 21 days after the second public hearing. (Government Code, section 34458.)

Should the Council wish to place a charter measure on the November 2026 ballot, the following represents a potential timeline based on statutory requirements and best practices from other cities:
• January 2026: Initiate charter drafting process
• February-April 2026: Draft charter and conduct community engagement • May 2026: First public hearing (at least 30 days before second hearing) • June 2026: Second public hearing (at least one hearing outside normal business hours) • Early July 2026: Council vote (at least 21 days after the second hearing) • July 30, 2026: Submit to County Elections (95 days before election per Election Code)

The cost to place a charter measure on the ballot would be approximately $194,000 to $291,000.

EQUITY AND SUSTAINABILITY
A real property transfer tax is generally progressive in nature, with higher-value properties contributing more revenue to fund community services. Revenue generated could support programs benefiting all residents, including infrastructure improvements and public safety services. The charter conversion process will include extensive public engagement to ensure community voices are heard.

OUTREACH
No outreach was conducted, as this item is merely presented for discussion and direction.

STRATEGIC PLAN ALIGNMENT
This item is aligned with the ONE Pleasanton strategic plan goal of Optimizing Our Organization to support Organizational Effectiveness. Additionally, this initiative supports the goal of Funding Our Future with its fiscal sustainability objectives by diversifying revenue sources and reducing reliance on volatile sales tax revenues. The potential new revenue stream would enhance the City's ability to maintain service levels and invest in infrastructure, supporting multiple strategic plan goals.

FISCAL IMPACT
There is no fiscal impact from receiving this informational report. Should Council direct staff to proceed with the charter city process, the cost to place a charter measure on the ballot would be approximately $194,000 to $291,000. Additional costs for consultant services, legal review, and community outreach would need to be determined based on the scope and approach directed by the City Council. If voters approve a real property transfer tax generating the projected revenue, these one-time costs could be recovered within the first few months of implementation.

Prepared and Submitted by: Approved by:

Aarón Zavala, Assistant to
the City Manager
Dan Sodergren, City
Attorney
Gerry Beaudin, City
Manager

Attachments:

1. Example City Charter

2. Charter City Exploration - Presentation

ATTACHMENT 1
1 CITY CHARTER EXAMPLE

CITY OF SAN RAMON

PREAMBLE
The City of San Ramon was incorporated as a general law city in 1983 by residents seeking the right to manage local affairs. The authority of general law cities has diminished as a result of increasing State mandates and involvement in local matters. In order to reclaim the local autonomy sought through incorporation and to preserve the right of the people to present grievances to the most responsive level of government, we, the citizens of San Ramon, enact this Charter.

ARTICLE 1
Acceptance of Home Rule
Except as restricted by this Charter, the City shall have all powers allowable under the Constitution of the State of California to adopt ordinances, establish rules, grant franchises, structure City government, and in every way to govern the municipal affairs of the City. Municipal affairs encompass all matters of local concern as determined by the City Council consistent with the meaning of "municipal affairs" under the constitutional, statutory, and judicially defined law of the State of California.

Nothing in this Charter is intended to restrict the City in exercising any right, power or authority granted under the general laws of the State of California. However, the provisions of this Charter shall prevail in the event of any conflict with general law.

ARTICLE II
Structure of City Government
The City shall continue to be governed by a council of five members, four Councilmembers and a Mayor, elected at large. The City Council shall appoint a City Manager and a City Attorney. The City Manager, as the chief administrative officer of the City, shall appoint all department heads other than the City Attorney. Involvement in administrative matters by the Council or by any individual Councilmember shall occur only by direction of the City Manager.

ARTICLE III
Selection of Mayor
The Mayor shall be elected by plurality at an election to be held every two years. The term of the Mayor elected in 2013 shall be lengthened by one year to accommodate changing the date of the general municipal election from odd-numbered to even- numbered years. No elected Mayor shall serve for more than four two year terms except that a cumulative total of nine years may be served if one of those terms was lengthened as the result of change the date of the general municipal election. Duties of the elected Mayor shall remain the same as the duties of the Mayor as of January 1, 2001. Compensation for the elected Mayor of San Ramon shall be one hundred dollars per month more that a Councilmember. This Charter amendment shall not be effective

ATTACHMENT 1
2 unless the measure on the November 5, 2013 ballot changing the date of the general municipal election to even-numbered years is approved by the voters.

ARTICLE IV
Public Contracting
The City Council, by ordinance, shall establish the procedures, including any competitive bidding requirements, to be followed by the City in awarding public contracts of any nature, including those for construction of public works.

ARTICLE V
Continuation of Existing Law
All ordinances, resolutions, rules and regulations of the City in effect as of the effective date of this Charter shall continue in effect until repealed or amended.

ARTICLE VI
Interpretation
The provisions of this Charter shall be interpreted broadly to favor the exercise of home rule. If any provision is found by a court to be invalid, the remaining provisions of the Charter shall remain in full force and effect.

Charter City ExplorationJuly 15, 2025
What is a Charter City? Charter City BasicsAuthority derives from the California ConstitutionCharter is a limitation on power, not a grant126 of 482 California cities are charter citiesMunicipal Affairs May Include:Public contractingPrevailing WageFiscal affairs (including real property transfer taxes)Planning and zoning (with some limitations) 74%26%California MunicipalitiesGeneral LawCharter2

Municipal Affairs in PracticeLand Use & PlanningPlanning and zoning have traditionally However, authority has been largely eroded by state legislationRecent laws (SB 35, SB 1333, HAA) now apply to charter citiesState housing mandates override local controlFinancial & Fiscal AffairsReal property transfer taxes charter cities can exceed state limitsPublic contracting rulesPrevailing wage requirementsBudget and financial managementKey Point: While charter status provides flexibility, the state has increasingly asserted control over traditional municipal affairs, particularly in the realm of housing.3 Why Consider Charter City Status?Current LimitationPleasanton is a general law city subject to state law on all mattersCurrent transfer tax: $0.55 per $1,000 (split with County)Cannot increase without charter statusCharter City OpportunityEnhanced local control over municipal revenuesAbility to implement voter-approved real property transfer taxOpportunity for increased fiscal sustainability4

Revenue Potential Real Property Transfer Tax (RPTT)Current RevenueFY 2022/23: $651,000FY 2023/24: $853,000Revenue ComparisonAlameda: $12 per $1,000Berkeley: $15-25 per $1,000Hayward: $8.50 per $1,000Oakland: $10-25 per $1,000San Leandro: $11 per $1,000City Rate Annual Revenue Range$6 per $1,000 $7.0M - $9.8M$12 per $1,000 $14.0M - $19.6MProjected Revenue for Pleasanton RPTT5 Process & TimelineKey RequirementsTwo public hearings (30+ days apart)One hearing outside business hoursCouncil vote (21+ days after 2nd hearingCost to Place on Ballot$194,000 - $291,000Sample Timeline for November 2026 BallotJan 2026:Initiate charter draftingFeb-Apr 2026:Draft & community engagementMay 2026:First public hearingJune 2026:Second public hearingJuly 2026:Council voteNov 2026:Voter decision6

Key Considerations
BenefitsFiscal flexibility for essential servicesLocal control over municipal affairsDiversifies revenue beyond volatile sales taxApproachKeep charter simple and focusedPrimary purpose: Enable transfer taxPreserve existing city structureOther ConsiderationsHousing laws still largely apply to charter citiesExtensive public engagement requiredOne-time costs (recoverable within months if tax approved)7 DirectionCouncil Direction Needed1.Supportmoving forward with charter exploration for future ballot?8

Item #26

CITY COUNCIL AGENDA REPORT

July 15, 2025
City Manager

TITLE: ESTABLISH AN AD-HOC SUBCOMMITTEE OF THE CITY COUNCIL TO REVIEW

THE CITY'S COMMISSION AND COMMITTEE STRUCTURE AND APPOINT TWO

MEMBERS OF THE CITY COUNCIL TO SERVE

SUMMARY
On June 17, 2025, the City Council adopted a two-year budget that includes reductions to staffing, programs, and services. In light of these reductions, the City’s commission and committee structure must be modified to account for the aforementioned reductions.

RECOMMENDATION

1. Establish an ad-hoc subcommittee to review the City's commission and committee structure

2. Appoint two members of the City Council to serve

3. Limit the fall commission recruitment to only those positions necessary to maintain a quorum while this ad hoc review is underway.

BACKGROUND
On February 7, 2023, the City Council voted to create an ad-hoc subcommittee to review the City’s commission and committee structure. Council members Balch and Arkin were appointed to the subcommittee.

The subcommittee provided recommendations to the City Council on October 17, 2023. At this meeting, the Council voted to:
• Reduce the number of Economic Vitality Committee members from 22 to 9 • Modify the composition of the Bicycle, Pedestrian, and Trails Committee • Modify the Energy and Environment Committee to a commission • Eliminate the Housing Commission
• Modify the composition, terms and number of members for the Youth Commission • Enforce Form 700 compliance and attendance rules for existing commission/committee members
• Return the rest of the restructure concepts back to the subcommittee for further refinement.

The subcommittee provided refined recommendations to the City Council on February 20, 2024. At this meeting, the City Council voted to modify the Civic Arts (CAC), Human Services (HSC), Library (LC), and Parks and Recreation (PRC) Commissions in the following ways:

• Reduce the number of commissioners on CAC, HSC and LC from 9 to 7 • Reduce the number of meetings per year for HSC, LC, and PRC to at least 6 instead of monthly
• Request each commission to provide a workplan for City Council approval in line with the two-year budget cycle.

DISCUSSION
On June 17, 2025, the City Council adopted a two-year budget that includes reductions to staffing, programs, and services. The elimination of core programs and services connected to these commissions as well as key staff positions that support these commissions necessitates that the commission structure be reviewed to find additional efficiencies.

Staff recommends that the City Council establish and appoint two members of the City Council to an ad-hoc subcommittee to review the commission and committee structure. A formal recommendation to the full City Council would be presented at a later date. Additionally, staff recommends that the City Council limit the fall commission recruitment to only those positions necessary to maintain a quorum while this ad hoc review is underway:
• Energy and Environment Commission: 1 adult or 1 youth member. Need a total of 3 regular members for quorum.
• Youth Commission: 1 middle school or 1 high school (9th or 11th grade only. There are already representatives for 7th, 10th and 12th grades). Need a total of 8 regular members for quorum.

EQUITY AND SUSTAINABILITY
Reviewing the commission and committee structure furthers financial sustainability by ensuring City resources are allocated in the most efficient and impactful manner.

OUTREACH
No outreach has been conducted on this item.

STRATEGIC PLAN ALIGNMENT
This item aligns with the One Pleasanton Strategic Plan Goal of Optimizing Our Organization, Strategy 4 – Evaluate the organization’s structure of community engagement opportunities (including commissions and committees) to improve information sharing, optimize staff efficiency, and provide greater service to the community.

FISCAL IMPACT
There is no fiscal impact associated with this item.

Prepared by: Submitted by: Approved by:

Heidi Murphy, Director of
Library and Recreation
Heidi Murphy, Director of Library and
Recreation

Gerry Beaudin, City
Manager

Attachments:

None