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Agenda packet

San Ramon City Council
July 12, 2022

Document
Agenda packet
Meeting
July 12, 2022
Body
San Ramon City Council
Pages
43
Original file
14.1 MB
Text extracted from the city's file for reading and search. Open the original on sanramonca.iqm2.com. That file is the official record.

CITY COUNCIL AGENDA
July 12, 2022

WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE

ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
David E. Hudson, Mayor • Sridhar Verose, Vice Mayor
Mark Armstrong, Councilmember • Scott Perkins, Councilmember • Sabina Zafar, Councilmember Agenda Questions: Please call the City Clerk (925) 973-2539 Documents received after publication of this Agenda and considered by the City Council in its deliberation will be available for inspection in the City Clerk’s Office at 7000 Bollinger Canyon Road, San Ramon during normal business hours and in the red binder at the Council meeting.

Council Chamber
7000 Bollinger Canyon Road

REGULAR MEETING AND
CLOSED SESSION – 7:00 PM

MEETING PROCEDURES
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. Tonight’s meeting will be conducted both in-person and remotely via Zoom. Please note that remote participation in the meeting is optional, and if there are technical or connection issues for Zoom, the City Council meeting will continue.

It is recommended that anyone wishing to view and/or participate in the meeting virtually download the Zoom application, www.zoom.us, before the start of the meeting. Zoom participants will have the opportunity to speak during one of the Public Comment periods (for topics not on the agenda), in addition to each of the agendized items.

If you would like to submit written public comment via email, please do so by 5:00 p.m. on Tuesday, July 12, 2022, to [email protected]. Please include “Public Comment 7/12/2022” in the subject line. In the body of the email please include your name and the item you wish to comment on. Written comments submitted will be provided to the Council prior to the start of the meeting. Written public comment will not be read aloud during the meeting. If you wish to make your comments heard, you must participate in the Zoom meeting or attend the meeting in person.

There will be zero tolerance for any person addressing the Council making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting.
2 City Council Meeting – July 12, 2022
HOW TO VIEW OR PARTICIPATE IN THE MEETING:

1. In-Person – San Ramon City Hall, Council Chamber, 7000 Bollinger Canyon Road

2. To view or participate in the meeting through Zoom
Livestream online at: https://cityofsanramon.zoom.us/j/93206534568 Webinar ID: 932 0653 4568
Use the “Raise Your Hand” button to request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be re-muted.

3. To view the meeting live online at: www.sanramon.ca.gov/YouTube

4. To listen or participate in the meeting by telephone, dial: +1 (669) 900-6833 Webinar ID: 932 0653 4568
Use *9 on your telephone to raise your hand and request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be remuted. 3 City Council Meeting – July 12, 2022

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk. If you are participating remotely, click the “Raise Your Hand” button on your computer or *9 on your telephone to request to speak when Public Comment is being taken on the Agenda item.

3.3 Board, Committee and Commission Meetings
A complete list of upcoming meetings may be found on the City's website at:
www.sanramon.ca.gov. Subscription service is available at the link for automatic meeting notification. Contact the City Clerk with questions, (925) 973-2539.

4. PUBLIC COMMENT
Members of the audience are encouraged to address the City Council on any non-agenda item.

Members of the public who are participating via Zoom will have the opportunity to make comments to the City Council live through the Zoom application.

Comments from the public on non-agenda items may also be submitted by email to [email protected]. Comments received by email will not be read aloud; however, they will be forwarded to the Council for their consideration. If you wish to present your comments to the public, you may do so in-person, by Zoom, or by telephone during this Public Comment period or the second Public Comment period, later in the meeting. No Council action can be taken at this meeting on issues raised during Public comment, whether submitted in person or remotely. . Those wishing to have an item brought before the City Council for consideration must request so during a City Council meeting. Upon Council approval, the item will be place on the Council Policy Committee Agenda for further consideration.

For the first round of Public Comment on non-agenda items, the first 10 people to speak will have three minutes to address the Council on matters not on the agenda. Any additional Public Comment will be accommodated later in the meeting.

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input may request (by email to the City Clerk or under Item 4 Public Comment) that the City Council remove the item from the Consent Calendar. Members of the public may request that items be removed from the Consent Calendar, however, the decision to remove the item is solely at the discretion of the City Council.

With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Council member that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council. 4 City Council Meeting – July 12, 2022

5.1 Minutes of the City Council Regular Meeting and Closed Session - June 28, 2022 Recommendation: Accept Minutes

5.2 Minute Order No. 2022-016 - Authorizing the Continued Use of Teleconferencing for the Meetings of All City Legislative Bodies for the Next 30 Days, Pursuant to the Provisions of AB 361 and as Adopted by Minute Order No. 2021-005 Recommendation: Approve Minute Order No. 2022-016

5.3 Minute Order No. 2022-017 - City Council Designation of Mayor Hudson as the Voting Delegate and Vice Mayor Verose as Voting Delegate Alternate to the League of California Cities 2022 Annual Conference
Recommendation: Approve Minute Order No. 2022-017

5.4 Resolution No. 2022-106 - Authorizing a Five Year Extension of a Development Agreement Between the City of San Ramon and Brave Church Consistent with the Terms of the Approved Development Agreement (Ordinance 430) Recommendation: Approve Resolution No. 2022-106

5.5 Resolution No. 2022-107 - Authorizing the Appropriation of $277,031 from the Vehicle Replacement Fund for the Purchase of Six Chevrolet Tahoe Replacement Patrol Vehicles for Fiscal Year 22/23
Recommendation: Approve Resolution No. 2022-107

5.6 Resolution No. 2022-108 - Authorizing an Appropriation from the Vehicle Equipment Replacement Fund (Fund 602) to the Public Works Operating Budget in the Amount of $150,000 for the Purchase of Four Electric Vehicles for the Community Development Department Building Division and Public Works Department Engineering Division; Authorizing the Purchase of Six Electric Vehicles, Three Utility Trucks, and One Dump Truck from Dublin Chevrolet, in an Amount Not to Exceed $468,000; and Declaring Seven Pick-Up Trucks, Two Utility Trucks, and One Dump Truck as Surplus and Authorizing Their Sale at Auction
Recommendation: Approve Resolution No. 2022-108

5.7 Resolution No. 2022-109 - Authorizing the Mayor to Execute an Agreement with Quantum Energy Services & Technologies, Inc. (Quest, Inc.) for the Purchase and Installation of Four (4) Electric Vehicle Charging Stations for the Citywide Electric Vehicle Charging Stations Project (CIP 200008) in an Amount Not to Exceed $325,000 and Approving an Appropriation of Additional Funds from the General Fund Reserve and Increasing the Authorized Project Budget for CIP 200008 by $47,955
Recommendation: Approve Resolution No. 2022-109
5 City Council Meeting – July 12, 2022

5.8 Resolution No. 2022-110 - Authorizing Execution of the Memorandum of Understanding (MOU) Between the City of San Ramon and Services Employees International Union (SEIU) Local 1021
Recommendation: Approve Resolution No. 2022-110

5.9 Resolution No. 2022-111 - Authorizing Execution of the Salary and Benefit Resolution Covering the City of San Ramon Unrepresented Miscellaneous Employees
Recommendation: Approve Resolution No. 2022-111

6. SPECIAL PRESENTATIONS

6.1 Proclamation Declaring July 2022 as Parks Make Life Better Month. Presentation by Mayor Hudson to Parks and Community Services Supervisor Adam Chow.

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 Dog Park Initiative Update
Presentation by Kathi Heimann, Parks and Community Services Director

10.2 Planning Commission Year in Review and Project Updates Presentation by Lauren Barr, Planning Services Division Manager

11. CITY MANAGER COMMENTS

12. PUBLIC COMMENT
At this time, those in the audience who have not previously spoken under the previous Public Comment (Agenda Item 4) are encouraged to address the City Council on any item not already included in tonight’s agenda. No Council action can be taken at this meeting on issues raised during Public Comment. All comments will be limited to three minutes. Those wishing to have an item brought before the City Council for consideration must request so during a City Council meeting. Upon City Council approval, the item will be placed on the Council Policy Committee agenda for further consideration.

13. CITY COUNCIL MEMBERS' AND MAYOR'S COMMENTS
6 City Council Meeting – July 12, 2022

14. CLOSED SESSION

14.1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code) Name of case: City of Long Beach, et al. v. Monsanto Company, United States District Court for the Central District of California, Case No. 2:16-cv-03493- FMO-AS (class action).

14.2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.

14.3 Report on Closed Session

15. ADJOURNMENT
I hereby certify the attached City Council agenda was posted 72 hours before the noted meeting.

Dated: July 8, 2022
7 City Council Meeting – July 12, 2022
The agenda with links to minutes and staff reports is available on the City’s website:
www.sanramon.ca.gov

* * * * *
This Agenda is posted in accordance with Government Code Section 54954.2(a).

To request a disability-related accommodation(s) to participate in the meeting, please contact the City Clerk 24 hours in advance of the meeting at 925-973-2539. * * * * *
Information for public participation at Council meetings, including the time limits for addressing the Council, is provided on the agenda.

If you have any questions, please contact the City Clerk prior to the meeting. * * * * *
Regular City Council meetings are broadcast on Contra Costa Television (CCTV) (Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m. immediately following the meeting.

Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).

Regular City Council meetings may also be viewed at
http://sanramonca.iqm2.com/citizens/default.aspx

MINUTES OF THE CITY OF SAN RAMON

CITY COUNCIL MEETING
June 28, 2022

1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 7:00 p.m.

Attendee Name Title Status Arrived
Dave Hudson Mayor Present 7:00 PM
Sridhar Verose Vice Mayor Present 7:00 PM
Mark Armstrong Councilmember Present 7:00 PM
Scott Perkins Councilmember Present 7:00 PM
Sabina Zafar Councilmember Present 7:00 PM
Also in attendance: City Manager Joe Gorton, City Attorney Martin Lysons, City Clerk Christina Franco, Administrative Services Director Kelly Sessions, Community Development Director Debbie Chamberlain, Human Resources Manager Megan O'Donoghue, and Public Works Division Manager Brian Bornstein.

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk. If you are participating remotely, click the “Raise Your Hand” button on your computer or *9 on your telephone to request to speak when Public Comment is being taken on the Agenda item.

3.3 Board, Committee and Commission Meetings

4. PUBLIC COMMENT
Public comment was received from Walker Tippett and Call in User 1.

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input may request (by email to the City Clerk or under Item 4 Public Comment) that the City Council remove the item from the Consent Calendar. Members of the public may request that items be removed from the Consent Calendar, however, the decision to remove the item is solely at the discretion of the City Council.

With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Council member that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.

5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – June 28, 2022
Cm. Zafar's motion to adopt consent calendar item 5.1-5.9 was seconded by Cm. Perkins.

The motion passed 5-0-0-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sabina Zafar, Councilmember
SECONDER: Scott Perkins, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar

5.1 Minutes of the City Council Regular Meeting and Closed Session - June 14, 2022 Recommendation: Accept Minutes

5.2 Minutes of the City Council/Planning Commission Joint Meeting - June 21, 2022 Recommendation: Accept Minutes

5.3 Register of Demands as Presented by the City Treasurer (Period Ending May 31, 2022)
Recommendation: Approve Register of Demands

5.4 Minute Order No. 2022-015 - Authorizing the Continued Use of Teleconferencing for the Meetings of All City Legislative Bodies for the Next 30 Days, Pursuant to the Provisions of AB 361 and as Adopted by Minute Order No. 2021-005 Recommendation: Approve Minute Order No. 2022-015

5.5 Resolution No. 2022-100 - Approval of the Proposed FY 2022-23 Statement of Investment Policy
Recommendation: Approve Resolution No. 2022-100

5.6 Resolution No. 2022-101 - Authorizing the Mayor to Execute Amendment No. 3 to the Revenue Sharing Agreement with Tri Valley Basketball for Youth Basketball League Services, Extending the Term to June 30, 2023, and Authorizing Additional Funds of $38,310 for a Cumulative Contract Amount Not to Exceed $209,500.

Recommendation: Approve Resolution No. 2022-101

5.7 Resolution No. 2022-102 - Authorizing the City Manager to Execute Amendment No. 3 to the Two-Year, Limited-Term Agreement for an Administrative Coordinator Position for the San Ramon Valley Street Smarts Program in an Amount Not to Exceed $194,000 Annually for a Total Cumulative Agreement Amount Not to Exceed $913,238, and an Agreement Extension through June 30, 2024
Recommendation: Approve Resolution No. 2022-102

5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – June 28, 2022

5.8 Resolution No. 2022-103 - Authorizing the Mayor to Execute an Agreement with MCK Services, Inc. for Construction of the Pavement Management 2022 Project (CIP 000005) and the Citywide Bicycle Network Improvements & Enhancements Project (CIP 905613) in an Amount Not to Exceed $5,125,000 Recommendation: Approve Resolution No. 2022-103

5.9 Resolution No. 2022-104 - Accepting the Work by Integra Construction Services, Inc. for the City Hall Reconfiguration Project (CIP 200001), and Authorizing the City Clerk to File a Notice of Completion with the County Recorder's Office.

Recommendation: Approve Resolution No. 2022-104

6. SPECIAL PRESENTATIONS

6.1 Introduction of Megan O'Donoghue as the new Human Resources Division Manager, by Kelly Sessions, Administrative Services Director.

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 Resolution No. 2022-105 - Supporting the Conversion of Deer Creek South Apartments from Moderate Income Senior to Non-Age Targeted Affordable Units Recommendation: Approve Resolution No. 2022-105
Community Development Director Debbie Chamberlain provided an overview of the staff report.

The Mayor opened public comment. Public comment was received from Tim Saunders and Call In User 1. The Mayor closed public comment.

Cm. Zafar's motion to approve Resolution No. 2022-105, supporting the conversion of Deer Creek South Apartments from Moderate Income Senior to Non-Age Affordable Units, was seconded by Vice Mayor Verose. The motion passed 5-0-0-0.

RESULT: APPROVED [UNANIMOUS]
MOVER: Sabina Zafar, Councilmember
SECONDER: Sridhar Verose, Vice Mayor
AYES: Hudson, Verose, Armstrong, Perkins, Zafar

5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – June 28, 2022

10.2 Dublin San Ramon Services District (DSRSD) Annual Update Public Works Division Manager Brian Bornstein introduced Jan Lee, DSRSD Assistant General Manager and Marisol Rubio, Vice President - Board of Directors.

The Mayor opened public comment. Public comment was received from Alicyn and Call In User 1. The Mayor closed public comment.

The City Council did not taken any action on the item.

11. CITY MANAGER COMMENTS

12. PUBLIC COMMENT

13. CITY COUNCIL MEMBERS' AND MAYOR'S COMMENTS

14. CLOSED SESSION

14.1 Convene to Closed Session pursuant to Govt. Code §54957.6 for City Council to meet with City Negotiators: Joe Gorton, Martin Lysons, Kelly Sessions, and Steven Spedowfski, concerning Labor Negotiations with the Service Employee International Union (SEIU), Local 1021
The City Council convened to closed session at 8:28 p.m. and returned at 8:56 p.m.

14.2 Report on Closed Session
The Mayor stated, the City Council provided direction to the City's negotiators and has nothing to report at this time.

15. ADJOURNMENT
The meeting was adjourned at 8:57 p.m.

5.1 Packet Pg. 9
Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: MINUTE ORDER NO. 2022-016 - Authorizing the Continued Use of Teleconferencing for the Meetings of All City Legislative Bodies for the Next 30 Days, Pursuant to the Provisions of AB 361 and as Adopted by Minute Order No. 2021-005
This item is by title only.

5.2 Packet Pg. 10

CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: MINUTE ORDER NO. 2022-017 - City Council Designation of Mayor Hudson as the Voting Delegate and Vice Mayor Verose as Voting Delegate Alternate to the League of California Cities 2022 Annual Conference

RECOMMENDED ACTION
Staff recommends the adoption of this Minute Order designating Mayor Hudson as the Voting Delegate and Vice Mayor Verose as Voting Delegate Alternate to the League of California Cities 2022 Annual Conference.

BACKGROUND/DISCUSSION
The League of California Cities 2022 Annual Conference is scheduled for September 7-9, 2022.

The Annual Business Meeting will be held on Friday, September 9, 2022. The League membership considers and takes action on resolutions that establish League policy at the Business Meeting. In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and may designate no more than two voting delegate alternates.

Designating the voting delegate and alternates cannot be accomplished by individual action of the mayor alone. The voting delegate and alternates must be registered to attend the Conference.

At least one must be present at the Business Meeting and in possession of the voting card in order to vote. If the voting delegate or alternate is unable to attend the Business Meeting, the voting card may not be transferred to another City official.

FISCAL ANALYSIS
None

STEPS FOLLOWING APPROVAL
Upon approval, the City Clerk will notify the League of California Cities of San Ramon’s voting delegate for the 2022 Annual Conference prior to the deadline.

5.3 Packet Pg. 11

CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Lauren Barr, Division Manager
SUBJECT: RESOLUTION NO. 2022-106 - Authorizing a Five Year Extension of a Development Agreement Between the City of San Ramon and Brave Church Consistent with the Terms of the Approved Development Agreement (Ordinance 430)

RECOMMENDED ACTION
Adopt the Resolution Authorizing a 5-Year term extension consistent with the approved Development Agreement between the City and Brave Church, 20801 San Ramon Valley Blvd.

BACKGROUND/DISCUSSION
On July 12. 2012 the City Council adopted Ordinance 430 authorizing the execution of the Development Agreement between the City and Brave Church, (formerly Church on the Hill First Baptist Church Dublin-San Ramon). The Development Agreement vested the development rights for expansion/replacement of the existing sanctuary buildings, construction of a new maintenance yard and building; and construction of four pastoral residential units. The term of the Agreement was 10 years with an additional 5-year extension at the discretion of the City (DA Section 7.2)
On May 4, 2022, Brave Church requested a 5-year extension of the Development Agreement between the City and the Church for the approved entitlements, which have yet to be constructed. Staff is supportive of the extension provided the Church shows progress towards issuance of permits for the approved project. As such, the extension is granted subject to the terms of extension outlined in Exhibit A of the Resolution (Attachment A).

The five-year extension Terms include increments and milestones as a way to monitor progress in the following areas:

Demonstrating Progress:

Years 1 through 3 - Plan, design and fundraise to create and fund updated program plans and schematics for the remaining phases of the Church Project in a manner substantially consistent with the Development Agreement’s current entitlements, including updated

5.4 Packet Pg. 12
residential unit design, site improvements, ancillary buildings and the main worship center. Deliverables: Approved Design Review and Construction Documents Year 4 - Start and complete site and ancillary building improvements Year 5 - Break ground on the main worship center and residential units Affordable Housing Fee:

The existing affordable housing fee was set at $85,000 in 2012 with an inflation factor adjusted annually using the Engineering News Record, Construction Cost Index (CCI) for the San Francisco Bay Area. Based on the inflation factor specified, the new fee as of 2022 is $122,541.79 and will continue to increase until the City issues occupancy permit and fees are paid.

Future Fees:

Section 5.1 specifies that the vested development rights under the agreement are subject to and the “Church shall pay all current development impact and processing fees at the time of building permit issuance.” Since the project approval, new fees have been adopted and existing ones have increased significantly in the past 10 years. As such, future permits will continue to be subject to the adopted fees shown in the fee schedule at the time of permit issuance unless specifically specified in the DA.

FISCAL IMPACT
None

STEPS FOLLOWING APPROVAL
Mayor to sign the Resolution and staff will continue to monitor development progress and compliance with the Development Agreement

ATTACHMENT
Resolution Exhibit A: DA Extension Terms
Resolution Exhibit B: Approved Development Agreement

5.4 Packet Pg. 13
RESOLUTION NO. 2022-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

AUTHORIZING A FIVE YEAR EXTENSION OF A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF SAN RAMON AND BRAVE CHURCH CONSISTENT WITH

THE TERMS OF THE APPROVED DEVELOPMENT AGREEMENT (ORDINANCE 430)
WHEREAS, on May 4, 2022, Brave Church as requested a 5-year extension of the Development Agreement between the City and the Church applicable to the approved Church Project for the property; and
WHEREAS, the City of San Ramon is authorized, pursuant to Article 2.5 of Chapter 4 of Title 7 of the Government Code, Section 65864 through 65869.5 (the “Development Agreement Statute”), to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property in order to establish certainty in the development process; and
WHEREAS, Brave Church, successor in interest, (“Property Owner”), is the owner of certain real property located at 20801 San Ramon Valley Blvd. (APN: 211-390-001, 002, 003, 004, 006, & 008) in the City of San Ramon, County of Contra Costa, California, more particularly described in the Development Agreement (Exhibit B); and WHEREAS, it is the intent of the Property Owner to develop the Church property, which includes 1) expansion of the existing Sanctuary Building and Sterling Building; 2) Construction of a new maintenance yard including a 400 sq. ft. storage building; and 3) Conversion of the approved three single-family residential units to three duplexes to provide six multi-family residential units (Church Project); and
WHEREAS, on June 19, 2012, the Planning Commission, approved Development Plan Amendment (DPA 12-310-001) an amendment to Development Plan Amendment (DPA 07-310- 007) modifying the project’s affordable housing requirement through a payment of an in-lieu fee rather than having three of the six residential units be deed restricted for affordable housing; and WHEREAS, Developer and the City determined that the Church Project is a development project for which a Development Agreement is appropriate, and that this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Church Property and otherwise achieve the goals and purposes of the Development Agreement Statute; and
WHEREAS, the Property Owner desired to receive the assurance that upon approval of the Development Agreement it may proceed with development of the Church Project in compliance with the City’s General Plan and development standards; and WHEREAS, the Church Project, as approved, was found to be consistent with the goals

5.4 Packet Pg. 14
and policies established by the General Plan, as well as applicable provisions of the City’s Zoning Ordinance at the time of the Development Agreement approval; and WHEREAS, the Church Project, as approved, was found to not be detrimental to the health, safety and welfare of persons residing or working in the surrounding neighborhood or elsewhere in the City and will not be injurious or detrimental to property or improvements in the surrounding neighborhood or elsewhere in the City; and
WHEREAS, the requirements of the California Environmental Quality Act, have been addressed through the preparation of an Initial Study/Subsequent Mitigated Negative Declaration, which was adopted by Planning Commission Resolution No. 14-08 for the Church Project; and
WHEREAS, on July 12. 2012 the City Council adopted Ordinance 430 authorizing execution of the Development Agreement; and
WHEREAS, the effective date of the agreement was August 24, 2012 and runs for a period of 10 years and expires on August 24, 2022, and
WHEREAS, pursuant to Section 7.2 of the Development Agreement, the term of the Agreement may be extended for a period of 5 years at the sole discretion on City Council; and WHEREAS, the terms and conditions of that extension are outlined in Exhibit A of this Resolution, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Ramon hereby approves the extension of the Development Agreement By and Between the City of San Ramon and Brave Church, subject to the extension terms outlined in Exhibit A.

PASSED, APPROVED AND ADOPTED on this 12 day of July, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
Dave Hudson, Mayor
ATTEST:
_____________________________________
Christina Franco, City Clerk

5.4 Packet Pg. 15
Attachments:

Exhibit A: Terms for the Extension
Exhibit B: Approved Development Agreement By and Between the City of San Ramon and Brave Church

5.4 Packet Pg. 16
Exhibit A:

Brave Church
Development Agreement
5 Year Extension Terms
Brave Church, formerly known as First Baptist Church of Dublin-San Ramon and Church on the Hill (Church), requests a five (5) year extension to its current, 10-year Development Agreement pursuant to Section 7.2 of the existing Development Agreement, which may be approved at the sole discretion of the City.

Church Project Description and Benefit.
(a) Project Description. It is the intent of the Church to:
(i) develop the Property with two to four residential units, a small maintenance yard and a maintenance building, and up-graded roadways, on-site utilities, ample parking spaces, and installation of new landscaping;
(ii) update architecture on two of the Church’s oldest buildings and make improvements to facilitate complementary, multi-functional uses that can accommodate the Church’s ministry and associated programs and provide for other local community event and meeting uses;
(iii) update architecture, make internal floorplan improvements and construct the new 998-seat worship center; and,
(iv) manage the development such that Church’s approved buildings and site improvements are built in a timely and orderly manner (the “Church Project” or “Project”).
(b) Project Benefit. To assist the City in meeting its affordable housing needs, the Church shall:
(i) Pay the sum of Eighty-Five Thousand Dollars ($85,000) to the City as an affordable housing contribution, adjusted annually using the Engineering News Record, Construction Cost Index (CCI) for the San Francisco Bay Area, at the time the City issues the first occupancy permit for the residential units built on the Church’s property; and
(ii) Give priority to Church employees or members whenever a unit or units are offered for rent.

5.4.a
Packet Pg. 17
Attachment: Resolution Exhibit A: DA Extension Terms (2022-106 : Brave Church DA Extension) Terms: The City agrees to the proposed Development Agreement extension (Effective Date 8/24/12) with the following mutual understanding:

1. The Church will maintain its vested right to develop the Church Project and allow for the completion of the remainder improvements consistent with the approved Development Agreement including the extension’s terms and clarification herein.

2. The affordable housing contribution, as adjusted annually using the Engineering News Record, Construction Cost Index (CCI) for the San Francisco Bay Area represents an increase from $85,000 to 122,541.79 for 2022. The Fee will continue to increase by the CCI until payment at first occupancy of the proposed residential units.

3. Pursuant to section 5.1, the applicant shall pay all current fees, as adopted in the official fee schedule and in place at the time of building permit issuance.

4. The five-year extension is subject to performance increments and milestones as follows:
o Years 1 through 3 – Plan, design and fundraise to create and fund updated program plans and schematics for the remaining phases of the Church Project in a manner substantially consistent with the Development Agreement’s current entitlements, including updated residential unit design, site improvements, ancillary buildings and the main worship center. Deliverables: Approved Design Review and Construction Documents
o Year 4 – Start and complete site and ancillary building improvements o Year 5 – Break ground on the main worship center and residential units Definitions Clarifications
“Church” means the Valley Christian Center of Dublin, Inc., a California non-profit corporation doing business as Brave Church, and its successors and assigns. “Church Project” means the development of the Church Property:
i) construct two-to-four residential units, a small maintenance yard and maintenance building, and new roadways, on-site utilities, 342 parking spaces, and new landscaping; ii) (ii) upgrade/improve Church’s Sterling and Administration Buildings to accommodate Church programs and ministries, including other local community events and evangelical church use;
iii) (iii) upgrade/improve Church’s existing 1-story sanctuary building to include multifunctional meeting areas and offices that can accommodate new Church and community programs,

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Attachment: Resolution Exhibit A: DA Extension Terms (2022-106 : Brave Church DA Extension) iv) (iv) build Church’s new 998-seat sanctuary building with enhanced architecture, Project is in accordance with the Development Plans vested by the approved Development Agreement. (Exhibit B to the Resolution) and incorporated herein by reference.

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Attachment: Resolution Exhibit A: DA Extension Terms (2022-106 : Brave Church DA Extension)

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Attachment: Resolution Exhibit B: Approved Development Agreement (2022-106 : Brave Church DA Extension)

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Attachment: Resolution Exhibit B: Approved Development Agreement (2022-106 : Brave Church DA Extension)

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Attachment: Resolution Exhibit B: Approved Development Agreement (2022-106 : Brave Church DA Extension)

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Attachment: Resolution Exhibit B: Approved Development Agreement (2022-106 : Brave Church DA Extension)

CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Craig Stevens, Police Chief
By: Bani Kollo, Fleet Coordinator
SUBJECT: RESOLUTION NO. 2022-107 - Authorizing the Appropriation of $277,031 from the Vehicle Replacement Fund for the Purchase of Six Chevrolet Tahoe Replacement Patrol Vehicles for Fiscal Year 22/23

RECOMMENDED ACTION
Staff recommends the City Council approve this Resolution, authorizing the appropriation of $277,031 from the Vehicle Replacement Fund, for the purchase of six Chevrolet Tahoe replacement patrol vehicles, approved in the 2022/23 Fiscal Year budget.

BACKGROUND/DISCUSSION
The City Purchasing Policy requires City Council approval for expenditures over $100,000.

Six patrol vehicles are scheduled to be replaced during the 2022/23 Fiscal Year.

We will piggyback off the current Alameda County Contract awarded to Dublin Automotive Group. The purchase will be funded through the Vehicle Replacement Fund.

FISCAL ANALYSIS
The cost of these six vehicles will total $277,031 and will be appropriated from the Vehicle Replacement Fund. Replacement of the six vehicles is in keeping with the accrual schedule set by the Finance Division.

STEPS FOLLOWING APPROVAL
Staff will process a Purchase Order to Dublin Auto Group in the amount of $277,031 for the purchase of six new patrol vehicles.

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RESOLUTION NO. 2022-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE APPROPRIATION OF $277,031 FROM THE VEHICLE

REPLACEMENT FUND FOR THE PURCHASE OF SIX CHEVROLET TAHOE REPLACEMENT PATROL VEHICLES FOR FISCAL YEAR 22/23
WHEREAS, the City of San Ramon is due to purchase six patrol vehicles for replacement; and
WHEREAS, the City Council approved 22/23 FY Police budget, which allocated funding for the purchase and replacement of these six vehicles; and WHEREAS, the City of San Ramon awarded the purchase to Dublin Auto Group based on piggybacking off of the Alameda County Contract; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the expenditure of $277,031 to Elk Grove Auto Group for the purchase of six Chevrolet Tahoe patrol vehicles from the Vehicle Replacement Fund.

PASSED, APPROVED AND ADOPTED at the meeting of July 12, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Dave Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

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CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Darin Fitzpatrick, Program Manager
SUBJECT: RESOLUTION NO. 2022-108 - Authorizing an Appropriation from the Vehicle Equipment Replacement Fund (Fund 602) to the Public Works Operating Budget in the Amount of $150,000 for the Purchase of Four Electric Vehicles for the Community Development Department Building Division and Public Works Department Engineering Division; Authorizing the Purchase of Six Electric Vehicles, Three Utility Trucks, and One Dump Truck from Dublin Chevrolet, in an Amount Not to Exceed $468,000; and Declaring Seven Pick-Up Trucks, Two Utility Trucks, and One Dump Truck as Surplus and Authorizing Their Sale at Auction

EXECUTIVE SUMMARY
The adopted FY 2022/23 Public Works Operating Budget includes funds for the purchase of two pick-up trucks, three utility trucks, and one dump truck for the Public Services Division. The adopted FY 2022/23 Public Works Department Operating Budget does not include funds for the purchase of four Electric Vehicles for the Community Development Building Division and Public Works Engineering Division. Staff is seeking an appropriation of funds from the Vehicle Equipment Replacement Fund in order to purchase these vehicles. Staff has researched and identified a current contract agreement between Alameda County and Dublin Chevrolet, which was developed using competitively bid pricing on these vehicles. Dublin Chevrolet is willing to extend this pricing to the City of San Ramon, and staff is seeking approval to purchase the new vehicles through the utilization of this offer. Staff is also seeking to declare seven pick-up trucks, two utility trucks, and one dump truck as surplus and obtain approval to sell them at auction.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing an appropriation of funds from the Vehicle and Equipment Replacement Fund (Fund 602) to the Public Works Operating Budget in the amount of $150,000 for the purchase of four electric vehicles for the Community Development Department Building Division and Public Works Department Engineering Division; authorizing the expenditure for the purchase of six electric vehicles, three utility trucks, and one dump truck from Dublin Chevrolet, in an amount not to exceed $468,000; and declaring seven pick-up trucks, two utility trucks, and one dump truck as surplus and obtain approval to sell them at auction.

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BACKGROUND/DISCUSSION
During the FY 2022/23 annual budget development process, the Public Works Department identified the need to replace three pick-up trucks and two utility trucks based upon their age, mileage, and condition in accordance with the City’s Vehicle/Equipment Replacement Policy. In addition, due to continued truck shortages, staff was unable to purchase a dump truck that was previously identified for replacement. Through the adoption of the FY 2022/23 Public Works Operating Budget, the Council appropriated funds to purchase all of these vehicles for the Public Services Division.

In an effort to streamline operational efficiency and relieve non-fleet staff of fleet related maintenance duties, beginning July 1, 2022 Public Works staff have assumed all maintenance and replacement responsibilities of all non-safety City vehicles. In assigning these responsibilities to Public Works Fleet Management staff, a thorough fleet analysis was completed on all Building, Engineering, IT, and Parks & Community Services (PCS) vehicles.

During this analysis, staff identified two Building and two Engineering pick-up trucks that are in need of replacement based on their age, mileage and condition in accordance with the City’s Vehicle/Equipment Replacement Policy. The two Building vehicles and the two Engineering vehicles identified in the analysis for replacement are not included in the adopted FY 2022/23 Operating Budget. Staff is seeking an appropriation of funds from the Vehicle Equipment Replacement Fund to the Public Works Operating Budget in the amount of $150,000 to purchase the additional four Building and Engineering electric vehicles.

In order to reduce the City’s carbon footprint, Fleet Management staff continually seek electric vehicle (EV) replacement solutions. As part of the analysis, Public Services, Building, and Engineering staff also performed a vehicle-job duty assessment. It was determined that six of the eight Building Inspector positions and at least two Engineering Inspector positions did not specifically need pick-up trucks, and could the Chevrolet Bolt EUV (Electric Utility Vehicle) to perform their daily assignments. Fleet Management staff are recommending replacing the four Building and Engineering pick-up trucks with EVs.

In merging all non-safety City fleets, staff are able to shuffle vehicles and vehicle types in order to best suit job assignments. Fleet staff are recommending to replace the two Public Services small pick-up trucks (Trucks #66 and #68) with Chevrolet Bolt EUVs, and exchange them with two Building Inspector pick-up trucks that are not yet due for replacement. Doing so will allow Public Services staff to utilize two fairly new pick-up trucks, as well as provide additional EVs to the aforementioned Building Inspector positions.

Four EVs will be used by Building Inspectors and two EVs will be used by Engineering Inspectors. Three utility trucks and the dump truck will be used by Public Services Division staff to manage and coordinate maintenance activities for Parks, Aquatics, Streets and Facilities.

These vehicles will be upfitted with various equipment, such as emergency lighting, lift gates, and storage boxes for parts and equipment, creating time-efficient maintenance and inspection practices.

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Alameda County has undertaken a competitively bid vehicle procurement process, and on September 28, 2021, the County of Alameda issued Vehicle Purchase Contract #901979 to Dublin Chevrolet. The term of this Agreement is effective from October 1, 2021 through September 30, 2024. The City’s Purchasing Ordinance allows San Ramon to take advantage of competitively bid prices offered to other agencies, and Dublin Chevrolet is willing to extend this discounted pricing to San Ramon. Staff is recommending all ten replacement vehicles to be purchased through Dublin Chevrolet.

FISCAL ANALYSIS
Funding for the purchase of the ten vehicles will be allocated from the Vehicle Equipment Replacement Fund.

The adopted FY 2022/23 Public Works Operating Budget includes funding for the following vehicles:

Replacement Vehicle Authorized Budget Purchase Price
Vehicle #7 - Utility Truck $55,000 $55,000
Vehicle #62 - Utility Truck $55,000 $55,000
Vehicle #63 - Utility Truck $55,000 $55,000
Vehicle #66 - Pick-Up Truck* $34,000 $34,000
Vehicle #68 - Pick-Up Truck* $34,000 $34,000
Vehicle #56 - Dump Truck $85,000 $85,000
Total $318,000 $318,000
Funding for the replacement of Vehicles B2, B5, E7 and E8 is not included in the adopted FY 2022/23 Public Works Operating Budget; therefore, an appropriation of $150,000 from the Vehicle Equipment Replacement Fund is requested.

Replacement Vehicle Authorized
Budget
Requested
Appropriation
Proposed Funding Source
Vehicle B2 - pick-up truck* $0 $37,500 Vehicle Equipment Replacement Fund
Vehicle B5 - pick-up truck* $0 $37,500 Vehicle Equipment Replacement Fund
Vehicle E7 - pick-up truck* $0 $37,500 Vehicle Equipment Replacement Fund
Vehicle E8 - pick-up truck* $0 $37,500 Vehicle Equipment Replacement Fund
Total $0 $150,000
(*to be replaced with Chevrolet Bolt EUV, price differences reflect a willingness of Dublin Chevrolet to sell two Bolts at the originally quoted cost for the pickup trucks) There is sufficient funding available in the Vehicle Equipment Replacement Fund for the

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requested appropriation.

Purchase prices may not include additional items such as lift gates, lights, inverters, and safety equipment. When added, the scheduled expenditures for ten replacement vehicles will still remain within budget. All proceeds from the sale of existing vehicles will be returned to the Vehicle Equipment Replacement Fund.

STEPS FOLLOWING APPROVAL
If approved, staff will open a purchase order with Dublin Chevrolet and arrange for the sale of Vehicles #7, #56, #62, #63, #66, #68, #B2, #B5, #E7, and #E8 at auction.

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RESOLUTION NO. 2022-108

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

AUTHORIZING AN APPROPRIATION FROM THE VEHICLE EQUIPMENT REPLACEMENT FUND (FUND 602) TO THE PUBLIC WORKS OPERATING BUDGET IN THE AMOUNT OF $150,000 FOR THE PURCHASE OF FOUR

ELECTRIC VEHICLES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT

BUILDING DIVISION AND PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION; AUTHORIZING THE PURCHASE OF SIX ELECTRIC VEHICLES,

THREE UTILITY TRUCKS, AND ONE DUMP TRUCK FROM DUBLIN CHEVROLET, IN AN AMOUNT NOT TO EXCEED $468,000; AND DECLARING SEVEN PICK-UP

TRUCKS, TWO UTILITY TRUCKS, AND ONE DUMP TRUCK AS SURPLUS AND

AUTHORIZING THEIR SALE AT AUCTION
WHEREAS, Public Works Department has assumed all maintenance and replacements responsibilities of all non-safety City vehicles that include Building, Engineering , IT, and Parks & Community Services; and
WHEREAS, the Public Works Department identified the need to replace three utility trucks, six pick-up trucks, and one dump truck based upon their age, mileage, and condition in accordance with the City’s Vehicle/Equipment Replacement Policy; and WHEREAS, Dublin Chevrolet has been awarded a competitively bid contract through the County of Alameda and is willing to extend the terms of this contract to the City of San Ramon; and
WHEREAS, contracts awarded through such purchasing cooperatives satisfy the competitive bidding requirement, as set forth in the City’s Purchasing Ordinance; and WHEREAS, an appropriation of $150,000 from the Vehicle Maintenance Fund to the Public Works Operating Budget is required in order to replace the four Building and Engineering vehicles; and
WHEREAS, all proceeds from the sale of existing vehicles will be returned to the Vehicle Equipment Replacement Fund; and
WHEREAS, the adopted FY 2022/23 Public Works Operating Budget and Vehicle Equipment Replacement Fund contains sufficient funding for equipment purchases, supplies, parts, and related services.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize an appropriation from the Vehicle Equipment Replacement Fund to the Public Works Operating Budget in the amount of $150,000 to purchase four electric vehicles for the Community Development Department Building Division and Public Works Department Engineering Division; authorize the expenditure for the purchase of six electric

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vehicles, three utility trucks, and one dump truck from Dublin Chevrolet, in an amount not to exceed $468,000; and declare seven pick-up trucks, two utility trucks, and one dump truck as surplus and authorizing their sale at auction.

PASSED, APPROVED AND ADOPTED at the meeting of July 12, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk

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CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Daniel Chavarria, Senior Civil Engineer
SUBJECT: RESOLUTION NO. 2022-109 - Authorizing the Mayor to Execute an Agreement with Quantum Energy Services & Technologies, Inc. (Quest, Inc.) for the Purchase and Installation of Four (4) Electric Vehicle Charging Stations for the Citywide Electric Vehicle Charging Stations Project (CIP 200008) in an Amount Not to Exceed $325,000 and Approving an Appropriation of Additional Funds from the General Fund Reserve and Increasing the Authorized Project Budget for CIP 200008 by $47,955

EXECUTIVE SUMMARY
In an effort to increase the number of Electric Vehicle (EV) charging stations in the City, staff applied for and received grant funding from the Bay Area Air Quality Management District’s (BAAQMD) Charge! Program for the installation of four (4) EV charging stations. Funding is available on a competitive basis to public agencies and is paid to Project Sponsors on a reimbursement basis after the EV charging stations are installed and placed into service. City staff asked three (3) vendors of EV equipment to provide proposals for equipment, and the City’s on-call electrical contractor, T. Marshall Electric, to provide a proposal for equipment installation. Staff also requested contractor Quantum Energy Services & Technologies, Inc. (Quest, Inc.) to provide a proposal. Quest, Inc. has performed similar projects for the City. After reviewing all proposals, staff recommends authorizing the Mayor to execute an Agreement with Quest, Inc. for the purchase and installation of the four (4) electric vehicle charging stations in an amount not to exceed $325,000, and approving an appropriation of additional funds from the General Fund Reserve to CIP 200008 and increasing the authorized Project Budget by $47,955 to complete the Project.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing the Mayor to execute an Agreement with Quantum Energy Services & Technologies, Inc. (Quest, Inc.) for the purchase and installation of four (4) electric vehicle charging stations for the Citywide Electric Vehicle Charging Stations Project (CIP 200008) in an amount not to exceed $325,000 to cover the base proposal and an approximate ten percent (10%) contingency, and approving an appropriation of additional funds from the General Fund Reserve to CIP 200008 and increasing the authorized Project Budget by $47,955 to complete the Project.

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BACKGROUND
The Bay Area Air Quality Management District’s (BAAQMD) Charge! Program provides grant opportunities for public agencies to help offset the cost to purchase and install Electric Vehicle (EV) Charging Infrastructure throughout the nine-county Bay Area. The Program is funded by BAAQMD’s Transportation Fund for Clean Air (TFCA) and Mobile Source Incentive Fund (MSIF). Funding is available on a competitive basis to public agencies and is paid to Project Sponsors on a reimbursement basis after the EV charging stations are installed and placed in service.

In March 2021, staff applied for grant funding of $44,000 from the BAAQMD Charge! Program for the purchase and installation of four (4) charging stations in order to increase the number of EV charging stations throughout the City, particularly in the Dougherty Valley area at the following locations:

1. San Ramon Sports Park
 2 - Charge Point DC Fast Chargers
 1 - Charge Point Level 2 (dual port)

2. Tassajara Ridge Staging Area
 1 - Charge Point Level 2 (dual port)
In August 2021, staff received a Notice of Proposed Award for TFCA funding for $44,000. The first reimbursement, equivalent to 85% of the award, will be reimbursed within 60 days from when all equipment has been installed and is operational. The second reimbursement, equivalent to the remaining 15%, will be reimbursed based on usage requirements after a minimum of three (3) years of operation. In addition, matching funds of $22,823 were secured from the 511 Contra Costa Measure J Commute Alternative Funds and will be used to help offset the total cost of the Project.

On September 28, 2021, the City Council approved Resolution No. 2021-112, which included the following:
a) Execution of a Funding Agreement with the Bay Area Air Quality Management District; b) Committing to fronting the $277,045 total cost of the purchase and installation of the four (4) charging stations; and
c) Committing to appropriating funds from the General Fund Reserve in the amount of $277,045 (these funds were committed with the Mid-Year Budget Review).

CEQA Compliance
After an initial environmental review of the Project, staff filed a Notice of Exemption for the Project with the Contra Costa County Clerk on April 21, 2022. Pursuant to Section 15301(c) of Article 19, “Categorical Exemptions” of Chapter 3, “Guidelines for Implementation of the California Environmental Quality Act” of Division 6, “Resources Agency” of Title 14, “Natural Resources” of California Code of Regulations, the Project is exempt from the provision of CEQA.

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DISCUSSION
During the application for the BAAQMD Charge! Program grant, contractors El Camino Electrical Services (ECES) and Quantum Energy Services & Technologies, Inc. (Quest, Inc.) provided a joint proposal for the purchase and installation of the four (4) charging stations for a total cost of $277,045. Over a year later, ECES/Quest, Inc. reported increases in equipment and material costs. They updated their original proposal and requested that any contract or purchase order be issued under Quest, Inc. Their updated proposal is for $294,780 and includes EV equipment from ChargePoint.

Staff requested three (3) vendors of EV equipment to provide proposals for equipment. The proposals received are as follows:

Equipment Proposals
EV Equipment
Vendor
Proposal
without taxes
Pros Cons
ChargePoint* $175,921 Previous good experience in
San Ramon. Easier
maintenance than
competitors.

Price on the higher end.

Blink $101,662 Lowest price of all options. Previous experience not as good in San Ramon.

More specialized
maintenance needed.

EV Connect $177,950 Highest price of all
options.
*preferred option by staff
Staff requested the City’s on-call electrical contractor, T. Marshall Electric, to provide a proposal for the installation of any of the equipment above. T. Marshall Electric provided a proposal for a total installation cost of $131,126. When adding equipment and installation the total cost, per option, is as follows:

Equipment and Installation Options
EV Equipment Vendor Installation Contractor Total Proposal ChargePoint T. Marshall Electric $307,046*
Blink T. Marshall Electric $232,788*
EV Connect T. Marshall Electric $309,076*
ChargePoint Quest, Inc. $294,780
*Does not include equipment sales tax.

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Upon review of the proposals, staff determined that the proposal from Quest, Inc. with ChargePoint equipment is the best fit for the Project, based on Project completion time, quality, and previous satisfactory experience with this contractor and supplier, and recommends authorizing the Mayor to execute an Agreement with Quest, Inc. for the purchase and installation of four (4) electric vehicle charging stations in an amount not to exceed $325,000 to cover base proposal and an approximate ten percent (10%) contingency. Since this amount is higher than the $277,045 original amount approved by City Council, staff also recommends approving an appropriation of additional funds from the General Fund Reserve and increasing the Project Budget to the Citywide Electric Vehicle Charging Stations Project (CIP 200008) by $47,955 to complete the Project, which includes an approximate ten percent (10%) contingency.

In addition, staff reviewed the option of installing a ChargePoint Level 2 (dual port) at the Tassajara Ridge Staging Area and considered the City Hall to be a better location with more use for an EV charger of this type. Staff consulted with the Bay Area Air Quality Management District about this change in location and there is no foreseeable issue with it. The City and BAAQMD will need to amend their existing agreement and modify the location from the Tassajara Ridge Staging Area to City Hall. City staff has initiated this process.

FISCAL ANALYSIS
The Project Sponsor is responsible for 100% of upfront costs, prior to reimbursement. The first reimbursement of up to 85% of the Award is within 60 days of when all equipment has been installed and is operational. The second and final reimbursement of 15% is based on usage requirements after a minimum of three (3) years of operation.

Total Project Cost: $325,000
Matching funds $22,823 511 Contra Costa
Total Cost to the City - FY 2021/2022: $302,177
Reimbursement over three (3) years $44,000 TFCA Award
 1
st reimbursement (within 60 days of all
equipment installed and operational)
$37,400 Up to 85% of the Award
 2
nd reimbursement (after a minimum of
3 years operation and meeting the usage
requirement)
$6,600 Final reimbursement
request for the remaining
15% of the Award
During the FY 2021/2022 Mid-Year Budget cycle, staff submitted a Mid-Year Budget request for the creation of the Citywide Electric Vehicle Charging Stations Project (CIP 200008) in the amount of $277,045, and appropriating funds from the General Fund Reserve to purchase and install four (4) electric vehicle charging stations.

The total contract amount being requested is $294,780 plus an approximate ten percent (10%) contingency of $30,220 to cover the base proposal and any unforeseen conditions, for a total contract amount not to exceed $325,000.

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Staff recommends approving an appropriation of additional funds from the General Fund Reserve and increasing the Project Budget by $47,955 to complete the Project.

STEPS FOLLOWING APPROVAL
The City Attorney’s Office will forward the contract Agreement to Quantum Energy Services & Technologies, Inc. (Quest, Inc.) for execution. Upon receipt of the executed contract Agreement, the required bonds, certificate of insurance, and a copy of a current City business license from the contractor, the City Attorney’s Office will send a copy of the executed contract Agreement and all attachments to the Public Works - Engineering Services Division. A Notice to Proceed will then be issued to begin construction, and staff will then pursue the work to completion.

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RESOLUTION NO. 2022-109

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH QUANTUM ENERGY SERVICES & TECHNOLOGIES, INC. (QUEST, INC.) FOR THE PURCHASE AND INSTALLATION OF FOUR (4) ELECTRIC VEHICLE CHARGING STATIONS

FOR THE CITYWIDE ELECTRIC VEHICLE CHARGING STATIONS PROJECT (CIP 200008) IN AN AMOUNT NOT TO EXCEED $325,000 AND APPROVING AN

APPROPRIATION OF ADDITIONAL FUNDS FROM THE GENERAL FUND

RESERVE AND INCREASING THE AUTHORIZED PROJECT BUDGET FOR CIP 200008 BY $47,955
WHEREAS, the City desires to purchase and install four (4) electric vehicle charging stations for the Citywide Electric Vehicle Charging Stations Project (CIP 200008); and WHEREAS, City staff applied for and received grant funding from the Bay Area Air Quality Management District’s (BAAQMD) Charge! Program for the installation of four (4) EV charging stations; and
WHEREAS, a Notice of Exemption for the Project was filed with the Contra Costa County Clerk pursuant to Section 15301(c) of the California Environmental Quality Act of 1970, as amended; and
WHEREAS, the City requested proposals for the purchase and installation of four (4) electric vehicle charging stations for the Citywide Electric Vehicle Charging Stations Project (CIP 200008); and
WHEREAS, three (3) proposals were received for the purchase of equipment only; and WHEREAS, one (1) proposal was received for the installation of equipment only; and WHEREAS, one (1) proposal was received for the purchase and installation of equipment; and
WHEREAS, Quantum Energy Services & Technologies, Inc. (Quest, Inc.) was determined to be the best fit for the Project, based on Project completion time, quality, and previous satisfactory experience with the City, with a total amount of $294,780; and WHEREAS, an approximate ten percent (10%) contingency of $30,220 is recommended to cover any unforeseen conditions for a total contract amount of $325,000; and WHEREAS, the total amount is higher than the $277,045 original Project Budget approved by City Council; and
WHEREAS, an appropriation of $47,955 from the General Fund Reserves is needed to

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cover the additional costs to complete this work.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the Mayor to execute an Agreement with Quantum Energy Services & Technologies, Inc. (Quest, Inc.) for the purchase and installation of four (4) electric vehicle charging stations for the Citywide Electric Vehicle Charging Stations Project (CIP 200008) in an amount not to exceed $325,000 to cover the base proposal and an approximate ten percent (10%) contingency, and approving an appropriation of additional funds from the General Fund Reserve and increasing the Project Budget to CIP 200008 by $47,955 to complete the Project.

PASSED, APPROVED AND ADOPTED at the meeting of July 12, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

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CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Kelly Sessions, Administrative Services Director
SUBJECT: RESOLUTION NO. 2022-110 - Authorizing Execution of the Memorandum of Understanding (MOU) Between the City of San Ramon and Services Employees International Union (SEIU) Local 1021

RECOMMENDED ACTION
Staff recommends approval of this Resolution authorizing execution of the Memorandum of Understanding between the City of San Ramon and the Service Employees International Union (SEIU) Local 1021.

BACKGROUND/DISCUSSION
On October 26, 2018, Resolution No. 2018-111, approved a Memorandum of Understanding (MOU) between the City of San Ramon and the Service Employees International Union (SEIU) Local 1021 for a term of July 1, 2018 through June 30, 2022. On July 19, 2018, the City of San Ramon and SEIU Local 1021 signed Appendix A as a side letter of agreement to the MOU, and on November 9, 2021, Resolution No. 2021-128 approved Amendment No. 1 to the MOU.

The MOU specifies terms of compensation, benefits, work hours, and other employment conditions affecting SEIU Local 1021 members. Due to the expiration of the previous MOU, the City and SEIU Local 1021 have been meeting since March 2022 to discuss terms and conditions of a new MOU. Through the due diligence of the meet and confer process, both parties have reached agreement on all matters contained in the MOU, including the following:

Effective July 1, 2022, salary ranges (top and bottom) for classifications represented by SEIU Local 1021 shall be adjusted based on the Consumer Price Index (CPI) from April 2021 through April 2022 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics; and the maximum adjustment shall be no greater than 3.5% (three and one-half percent).

Effective July 1, 2023, salary ranges (top and bottom) for classifications represented by SEIU Local 1021 shall be adjusted to market based on total compensation surveys; and the minimum adjustment shall be no greater than 3.5% (three and one-half percent). Previous salary surveys compared the City’s salaries based on a 37.5-hour workweek with the salaries of comparator cities operating on 40-hour workweeks. Moving forward, and beginning with the July 1, 2023

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salary adjustment, the City will conduct surveys to include an adjustment to salaries for comparator agencies to account for the difference in standard work hours and to reflect the salary for a 37.5-hour workweek.

Effective July 1, 2024, salary ranges (top and bottom) for classifications represented by SEIU Local 1021 shall be adjusted based on the Consumer Price Index (CPI) from April 2023 through April 2024 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics; and the maximum adjustment shall be no greater than 3.5% (three and one-half percent).

Effective July 1, 2025, salary ranges (top and bottom) for classifications represented by SEIU Local 1021 will be adjusted to market based on total compensation surveys.

Other compensation adjustments include an additional 5% (five percent) differential for employees in the Maintenance Specialist classification who work as Traffic Signal Technicians or Auto Mechanics, as well as employees in the Maintenance Coordinator classification who work as Traffic Signal Maintenance and Shop Coordinators, in addition to the following pay increases for all SEIU employees based on their rating following their annual performance evaluations:

Exemplary Score of 4.50 to 5.00 6% increase and 3 discretionary days off Exceeds Standard Score of 4.00 to 4.49 6% increase
Meets Standard Score of 3.50 to 3.99 5% increase
Score of 3.00 to 3.49 4% increase
The new MOU will also introduce an additional discretionary holiday in recognition of Juneteenth, effective January 1, 2023, as well as provide each employee with two (2) pairs of safety shoes annually. Additionally, employees who “flex” promote from Maintenance Technician I to Maintenance Technician II upon completion of the Maintenance I book will not be subject to an additional probationary period for the higher classification.

Further, the new MOU clarifies the definition of a workweek for employees working a 9/75 schedule, as defined by the Fair Labor Standards Act (FLSA). The MOU also includes:
 Updated rates for the City’s “employer minimum share” per employee per month toward the health plan to 2022 levels in accordance with CalPERS  Increased opt-out rates for healthcare benefits effective January 1, 2023  Increased annual cap for dental benefits effective January 1, 2023 Finally, the new MOU incorporates the language listed in the previous Appendix A and Amendment No. 1 into the body of the MOU, in Section 3.4: New Employee Orientation and Disclosure of Employee Contact Information and Section 15.1: Retirement Plan, respectively.

On June 30, 2022, the City and SEIU Local 1021 were able to agree on terms and conditions for a new four-year term MOU effective July 1, 2022 through June 30, 2026, for Maintenance Assistants, Maintenance Technicians I and II, Maintenance Specialists, and Maintenance

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Coordinators who are members of SEIU Local 1021.

FISCAL ANALYSIS
There is no budgetary impact as all items covered in the Resolution are included in the FY 2023/24 operating budget previously adopted.

STEPS FOLLOWING APPROVAL
This action will ratify the agreement and execute the MOU. The executed MOU will be distributed to affected parties. The MOU will also be posted on the City’s Intranet and on the City’s web page for access by others.

ATTACHMENT
A - SEIU MOU 07012022 - 06302026

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RESOLUTION NO. 2022-110

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

AUTHORIZING EXECUTION OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SAN RAMON AND SERVICES EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021
WHEREAS, a Memorandum of Understanding (MOU) between the City of San Ramon and Service Employees International Union (SEIU) expired on June 30, 2022; and WHEREAS, the City of San Ramon and SEIU Local 1021 have been meeting and conferring in good faith since March 2022 in attempts to develop a new MOU; and WHEREAS, through the negotiations process, the City of San Ramon and SEIU Local 1021 were able to agree on the terms and conditions of a new MOU, regarding compensation, benefits, work hours and other terms and conditions of employment for members of SEIU Local 1021; and
WHEREAS, this new MOU shall remain in full force and effect from July 1, 2022 through June 30, 2026.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the execution of the Memorandum of Understanding between the City of San Ramon and the Service Employees International Union (SEIU) Local 1021.

PASSED, APPROVED AND ADOPTED at the meeting of July 12, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

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CITY OF SAN RAMON

SERVICE EMPLOYEES

INTERNATIONAL UNION
LOCAL 1021

MEMORANDUM OF UNDERSTANDING
July 1, 2022 to June 30, 2026

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Attachment: A - SEIU MOU 07012022 - 06302026 (2022-110 : Authorizing Execution of the Memorandum of Understanding (MOU) Between the Table of Contents
DEFINITIONS ................................................................................................................. 1 Section 1 RECOGNITION ........................................................................................... 2

1.1 Union Recognition.....................................................................................................................2

1.2 City Recognition.........................................................................................................................2 Section 2 NO DISCRIMINATION................................................................................. 2 Section 3 UNION SECURITY...................................................................................... 3

3.1 Maintenance of Membership....................................................................................................3

3.2 Hold Harmless ...........................................................................................................................3

3.3 Dues Deduction .........................................................................................................................3

3.4 New Employee Orientation and Disclosure of Employee Contact Information........................3 Section 4 UNION RIGHTS .......................................................................................... 5

4.1 Visitation Rights.........................................................................................................................5

4.2 Negotiating Team......................................................................................................................5

4.3 Bulletin Boards ..........................................................................................................................5

4.4 Meeting Space...........................................................................................................................5

4.5 Stewards/Officers......................................................................................................................5

4.6 Right to Representation ............................................................................................................6

4.7 Personnel Files...........................................................................................................................6

4.8 Notice ........................................................................................................................................6 Section 5 CITY RIGHTS.............................................................................................. 6 Section 6 PROBATIONARY PERIOD ......................................................................... 7

6.1 Probationary Period ..................................................................................................................7

6.2 Employee Performance Report.................................................................................................7

6.3 Dismissal of Newly Hired Employees ........................................................................................8

6.4 Demotion of Promoted Employees...........................................................................................8 Section 7 COMPENSATION ....................................................................................... 8

7.1 Merit System .............................................................................................................................8

7.2 Salary and Wage Plan................................................................................................................8

7.3 Salary Adjustments....................................................................................................................9

7.4 Total Compensation Salary Survey..........................................................................................10

7.5 Salary Following Promotion ....................................................................................................10

7.6 Salary Following Demotion......................................................................................................11

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7.7 Salary Following Transfer........................................................................................................11

7.8 Revision of Salary Ranges........................................................................................................11

7.9 Salary on Reclassification of Positions.....................................................................................11

7.10 Salary for Work Performed in a Higher Classification – Temporary Upgrade and Special Assignment Pay.......................................................................................................................................11

7.11 Shift Differential ......................................................................................................................12

7.12 Designation of Beneficiary ......................................................................................................12

7.13 Differential for Auto Mechanic, Signal Technician, Electrician ...............................................12

7.14 Commercial Driver’s License ...................................................................................................13 Section 8 HOURS OF WORK AND OVERTIME COMPENSATION ......................... 13

8.1 Hours Worked .........................................................................................................................13

8.2 Alternate Work Week..............................................................................................................13

8.3 Rest Periods.............................................................................................................................14

8.4 Work Week..............................................................................................................................14

8.5 Overtime Policy .......................................................................................................................14

8.6 Overtime Compensation and Computation Policy..................................................................14

8.7 Overtime - Conditions of Civil Disaster or Local Peril..............................................................15

8.8 Pay Periods..............................................................................................................................15 Section 9 STANDBY AND CALLBACK PAY ............................................................. 15

9.1 Standby Status and Standby Pay .............................................................................................15

9.2 Call Out Procedure ..................................................................................................................16 Section 10 HOLIDAYS............................................................................................. 16

10.1 Holidays...................................................................................................................................16

10.2 Employee Eligible for Holiday Pay ...........................................................................................17

10.3 Employees Required to Work on Holiday ...............................................................................17 Section 11 VACATION............................................................................................. 17

11.1 Eligibility ..................................................................................................................................17

11.2 Vacation Accrual......................................................................................................................17

11.3 Use of Vacation .......................................................................................................................18

11.4 Maximum Accumulation .........................................................................................................18

11.5 Vacation at Termination..........................................................................................................19

11.6 Holidays Falling During Vacation.............................................................................................19 Section 12 SICK LEAVE .......................................................................................... 19

12.1 Statement of Policy .................................................................................................................19

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12.2 Accrual.....................................................................................................................................20

12.3 Accumulation...........................................................................................................................20

12.4 Use...........................................................................................................................................20

12.5 Depletion of Sick Leave ...........................................................................................................20

12.6 Leave Chargeable to Sick Leave...............................................................................................21

12.7 Sick Leave Conversion .............................................................................................................21

12.8 Workers' Compensation Disability Payments.........................................................................22

12.9 On The Job Injury.....................................................................................................................23

12.10 Off The Job Injury ....................................................................................................................23 Section 13 OTHER LEAVES OF ABSENCE............................................................ 23

13.1 Personal Leave of Absence without Pay .................................................................................23

13.2 Family Care and Medical Leave...............................................................................................24

13.3 Pregnancy Disability Leave of Absence ...................................................................................24

13.4 Death in Immediate Family .....................................................................................................24

13.5 Military Leave of Absence .......................................................................................................25

13.6 Military Reserve Training ........................................................................................................25

13.7 Subpoena.................................................................................................................................25

13.8 Jury Duty..................................................................................................................................25

13.9 Medical Leave/Work Related..................................................................................................25

13.10 Return from Leave...................................................................................................................26

13.11 Unauthorized Leave of Absence..............................................................................................26 Section 14 LAYOFFS.............................................................................................. 26

14.1 City Council Action...................................................................................................................26

14.2 Order of Layoffs.......................................................................................................................26

14.3 Displacement Rights................................................................................................................27

14.4 Notification of Displacement...................................................................................................28

14.5 Reemployment........................................................................................................................28 Section 15 EMPLOYEE BENEFITS......................................................................... 28

15.1 Retirement Plan.......................................................................................................................28

15.2 Disability Insurance .................................................................................................................30

15.3 Health/Life Insurance Program ...............................................................................................30

15.4 Core-Flex Benefit Plan – Active Employees.............................................................................30

15.5 Employer Minimum Share.......................................................................................................31

15.6 City Monthly Contribution Amounts – Active Employees.......................................................31

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15.7 Future Increase or Decrease in Kaiser CalPERS and City Dental Plan Premium – Active Employee ................................................................................................................................................31

15.8 Opt-Out of Medical and/or Dental Plan..................................................................................31

15.9 Opt-Out Rates..........................................................................................................................32

15.10 Dental Care..............................................................................................................................32

15.11 Vision Plan ...............................................................................................................................32

15.12 Life Insurance ..........................................................................................................................32

15.13 COBRA - Continuation of Health Coverage .............................................................................32

15.14 Deferred Compensation..........................................................................................................32

15.15 Flexible Spending Program - Section 125................................................................................33

15.16 Mileage Reimbursement/Allowance.......................................................................................33

15.17 Adoption Benefit.....................................................................................................................33

15.18 Retiree Medical .......................................................................................................................33 Section 16 UNIFORMS ............................................................................................ 35

16.1 Uniforms..................................................................................................................................35

16.2 Safety Shoes............................................................................................................................35 Section 17 DISCIPLINARY PROCEEDINGS........................................................... 35

17.1 Causes for Disciplinary Action .................................................................................................35

17.2 Types of Disciplinary Action ....................................................................................................36

17.3 Persons by Whom Disciplinary Action May Be Taken.............................................................36

17.4 Disciplinary Action Procedure .................................................................................................36

17.5 Right of Appeal - Procedure ....................................................................................................38

17.6 Waivers/Withdrawal of Appeal...............................................................................................38

17.7 Effect of Certain Disciplinary Action Interpretive....................................................................39 Section 18 GRIEVANCE PROCEDURE .................................................................. 39

18.1 Definition.................................................................................................................................39

18.2 Procedural Steps......................................................................................................................39

18.3 Other Provisions......................................................................................................................41 Section 19 SAFETY ................................................................................................. 42

19.1 Safety Committee Appointment .............................................................................................42

19.2 Injury and Illness Prevention Program....................................................................................42 Section 20 ALCOHOL AND DRUG TESTING REQUIREMENTS FOR
COMMERCIAL MOTOR VEHICLE DRIVERS .............................................................. 42 Section 21 SEPARABILITY AND SAVINGS ............................................................ 42

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Section 22 REOPENER ........................................................................................... 42 Section 23 TERM AND EFFECT.............................................................................. 43

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DEFINITIONS
Regular Full-Time Employee
Regular Full-Time Employee shall mean a person employed by the City in a full-time capacity, who has successfully completed a probationary period, and has been retained according to the provisions of the Personnel Rules and Regulations.

Regular Part-Time Employee
Regular Part-Time Employee shall mean a person employed in a regularly budgeted class or position to which a regular employee may be appointed, and whose normal work schedule is less than the standard hours of work, but at least 20 hours per workweek.

Newly Hired Employee
Newly Hired Employee shall mean a person who has not completed a probationary period in any position within the organization or a person who has previously completed a probationary period, but has had more than a three month break in service from the City.

Probationary Employee
Probationary Employee shall mean an employee working a test period during which they are required to demonstrate their fitness to perform the duties of the class or position to which they are appointed by actual performance of those duties.

Immediate Family
Immediate Family of an employee shall include their spouse or registered domestic partner and the following relatives: children of either spouse, step-children, parent of employee or spouse, sibling, half-sibling, either grandparent and grandchildren.

Appointing Authority
Appointing Authority shall mean the City Manager or designee.

Temporary Employee
Temporary Employee shall mean any person appointed to a temporary position or temporarily appointed to a permanent position. Temporary position means an authorized position budgeted or established for a designated period of time on an hourly, daily, weekly, or seasonal basis. A temporary employee shall not work more than 999 hours per fiscal year, including overtime work.

Temporary employees are not covered by the terms and conditions set forth in this Memorandum of Understanding.

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF SAN RAMON
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021
This Memorandum is entered into pursuant to the provisions of Section 3500, et. seq., of the Government Code of the State of California.

The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have endeavored to reach agreements on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council as the joint recommendation of the undersigned parties and shall remain in full force and effect from July 1, 2022, to June 30, 2026.

Section 1 RECOGNITION

1.1 Union Recognition
The City of San Ramon hereby recognizes Service Employees International Union, Local 1021, as the exclusively recognized representative of the Maintenance Assistant, Maintenance Technician I, Maintenance Technician II, Maintenance Specialist, and Maintenance Coordinator classifications, excluding all employees in the following categories: temporary; managerial; supervisory; and confidential.

1.2 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of San Ramon, hereinafter referred to as the "City" in employer-employee relations.

Section 2 NO DISCRIMINATION
Discrimination or harassment based on an individual’s protected classification is prohibited. “Protected Classification” includes age, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), religion, color, disability, genetic characteristics or information, race, national origin, ancestry, citizenship status, marital status, military or veteran status, medical condition, or sexual orientation (including homosexuality, bisexuality, or heterosexuality) or any other protected classification as defined by law.

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The City and the Union shall not interfere with, intimidate, restrain, coerce, or discriminate against employees because of the exercise of their rights under the Meyers Milias Brown Act.

Section 3 UNION SECURITY

3.1 Maintenance of Membership
Those employees electing Union membership shall complete a union membership form and submit to SEIU Local 1021 for processing. Those employees electing union membership shall pay the usual and customary monthly dues and assessments as established by the Union.

3.2 Hold Harmless
The Union shall indemnify and hold the City harmless against any liability arising from any and all claims, demands, or suits, or any other actions relating to the City’s compliance with Section 3, including claims relating to the Union’s use of monies collected under this agreement, except where such claims are related solely to the alleged negligence of the City in erroneously deducting an amount of money in the absence of fault by the Union.

3.3 Dues Deduction
Bargaining unit members may authorize dues deductions by completing and submitting the authorization form to SEIU Local 1021. For each bargaining unit member who submits such authorization form, the City shall deduct on a bi-weekly basis from each member’s wages the amount of Union dues specified by the Union. Dues deducted by the City will be forwarded to the Union within fifteen (15) days of the date the deduction was made.

Remittance of dues shall be accompanied by a list containing name, classification, and amount of money deducted from each employee.

3.4 New Employee Orientation and Disclosure of Employee Contact Information The City of San Ramon (“City”) and SEIU Local 1021 (hereinafter "Union”), jointly referred to as "parties," enter into this Agreement to implement the terms of Government Code sections 3555-3559. The parties agree that the terms of this Agreement are incorporated into the existing MOU between them by specific reference and, further, that this Agreement will be incorporated into the body of a successor MOU when agreement is reached on such successor MOU.

The parties acknowledge that this Agreement, once implemented by both parties, fully complies with and exhausts the parties' obligation to negotiate the terms and conditions of new employee orientation access and disclosure of employee contact information pursuant to Government Code Section 3557. Due to such agreement, compulsory arbitration pursuant to Government Code Section 3557 is waived for so long as this Agreement is in effect.

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New Employee Orientation
This shall apply to all new employees hired after the date of this Agreement who are appointed to a classification within the bargaining unit for which the Union is recognized as the exclusively recognized employee organization.

The parties acknowledge that the City provides a new employee orientation meeting ("orientation") to all new employees hired by the City but does not distinguish between bargaining units in conducting the orientation. The Union will be provided not less than 10 calendar days' advance notice of the time, date and location of the orientation, including the name and number of bargaining unit employees in attendance. An exception to the 10 calendar days' advance notice requirement is if there is an urgent need for meeting in less than 10 calendar days' that is critical to the City's operations and is not reasonably foreseeable. In the event a union representative is not available based on the short notice, a mandatory and in-person half (1/2) hour make up session will occur during regular working hours and onsite without loss in compensation.

The Union will be given thirty (30) minutes at the end but also part of the new employee orientation meeting to present Union membership information to employees in the Union's bargaining unit. Employees will attend the new employee orientation including the portion of the orientation conducted by the Union. The meeting will be in a room designated by the City and will take place during regular working hours and be on-site. No more than two (2) representatives of the Union may present the information to the employees. This could include a Chapter board member, officer, or steward and a Union representative designated by the Union.

Designated Union representatives who are City employees and are conducting the orientation may attend and travel to and from the orientation on paid leave not to exceed one (1) hour per orientation provided the Union provides Human Resources with the employee's name at least seven (7) calendar days prior to the orientation. Employees shall be released for this purpose unless unusual operational needs interfere with the release, in which case the employee and the Union will be provided with a written explanation of why the employee could not be released. In the event the Union designated employee is denied release due to operational needs, the Union shall be allowed to designate an alternate representative for the orientation.

Management representatives shall excuse themselves and not be present during the Union portion of the orientation. The Union agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City activities.

Information Provided
The parties hereby incorporate by reference into this Side Letter of Agreement the entirety of Government Code section 3558 and all statutes referenced therein. Any information that is required to be provided thereunder will be furnished to the Union by way of a digital file via email to the email address designated by the Union. The City will provide the Union

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any information that is required to be provided on a quarterly basis rather than the interval stated in Government Code section 3558.

Either party may grieve a violation of this article to the extent permitted by the terms of the applicable MOU Grievance Policy.

Section 4 UNION RIGHTS

4.1 Visitation Rights
Union Officials and representatives shall be granted access to the work locations for the purpose of performing their duties pursuant to this agreement. Such officials and representatives shall not enter any work location without prior approval of the Department Head, City Manager, or designee. Access shall be restricted so as not to interfere with normal operations of the department or with established safety or security requirements.

4.2 Negotiating Team
The City shall allow four (4) members of the Union bargaining team reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation. Team members shall not leave a work site to attend such meetings without approval of the Department Head or designee. Meetings shall be scheduled by mutual agreement between the City and the Union Representatives.

4.3 Bulletin Boards
The City shall provide reasonable space on a bulletin board at the central work site for the purpose of posting Union literature. Postings shall be dated, and shall identify SEIU Local 1021 sponsoring the posting. All postings shall be removed by Local 1021 in a timely manner. Postings shall not contain slanderous or libelous material.

4.4 Meeting Space
Upon request by the Union and subject to availability and with reasonable notice to the City, the City shall make available conference rooms at the Service Center for the purpose of holding Union meetings.

4.5 Stewards/Officers
Employees who are 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 considered. Such employee representatives shall submit written or oral requests for excused absences to the Public Works Director or designee at least two (2) calendar days in advance of the scheduled meeting unless the representative is provided with less than two (2) calendar days’ notice.

In such case, the representative shall provide notice as soon as is possible prior to the

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meeting. No more than two (2) employees shall be excused during the same time period.

The Union shall submit a list of officers and stewards of the Union to the Public Works Director, City Manager, and Human Resources and shall notify the same persons in writing of any changes in Union officers and/or stewards. The list shall indicate the designated representative for purposes of official contact by the City.

4.6 Right to Representation
An employee, upon the employee's request, shall be entitled to have one (1) employee Union steward and the Union Field Representative present during any meeting which is disciplinary or a meeting which the employee reasonably believes may result in disciplinary action. The parties agree to cooperate in the scheduling of meetings to ensure the attendance of a steward and Union representative.

4.7 Personnel Files
There shall be one (1) official personnel file. An employee shall be permitted to review their personnel file provided the employee makes a request twenty-four (24) hours prior to the time the employee wishes to review the file. A representative of Human Resources shall be present during the review of the file. A Union representative, with written permission from the employee and twenty-four (24) hours’ notice to the City, shall be permitted to review the employee's personnel file. An employee shall be entitled to receive copies of any material in their personnel file or any material that will be submitted to the personnel file. Written reprimands more than three years from the date of issuance shall not be considered for future disciplinary actions.

4.8 Notice
The Union shall be provided copies of all notices to employees related to discipline which results in a loss of pay. Notice will be provided to the Union unless the employee indicates to the City in writing that they do not want the Union to receive such notice.

Section 5 CITY RIGHTS
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services.

It is agreed that the following rights shall remain solely a function of management except as may be limited by this agreement and/or by applicable state and federal law:
a. Determine and modify the organization of City government and its constituent work units.
b. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
c. Determine the methods, means, and the number and kinds of personnel by which services are to be provided.

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d. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
e. Direct employees, including scheduling and assigning work, work hours, and overtime.
f. Establish employee performance standards and require compliance therewith. g. Discharge, suspend, demote, reduce in pay, reprimand, and withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law.
h. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
i. Implement rules, regulations, and directives consistent with law and the specific provisions of this Memorandum of Understanding.
j. Take all necessary actions to protect the public and carry out its mission in emergencies.

To the extent that management's exercise of these rights enumerated above impacts the employees' terms and conditions of employment, the City is not relieved of its obligation to meet and confer with the Union and its bargaining group on these impacts as required by law.

Section 6 PROBATIONARY PERIOD

6.1 Probationary Period
All new appointments and reappointments shall be tentative and subject to a probationary period dated from the time of appointment to a regular full-time or regular part-time position. The probationary period shall be for a twelve (12) month period of actual service.

The probationary period for a promotion shall be six (6) months; however, employees who flex promote from Maintenance Technician I to Maintenance Technician II upon completion of the Maintenance I book will not be subject to a probationary period. The City Manager, upon written request of the Department Head, may grant an extension of the probationary period up to a maximum of six (6) months beyond the end of such probationary period, for a maximum total probation of eighteen (18) months in the case of a new appointment and twelve (12) months in the case of a promotion. The City shall notify the Union when an extension of the probationary period is granted by the City Manager.

6.2 Employee Performance Report
Each probationary employee shall have their performance evaluated at the sixth (6th) month period and at the twelve (12) month period or at more frequent intervals when deemed necessary by the appointing authority if an employee is not meeting standards. Such

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evaluations shall be reported in writing and in a form approved by the City Manager.

6.3 Dismissal of Newly Hired Employees
During the probationary period, a newly hired employee may be suspended, demoted, or dismissed at any time by the appointing authority without the right of appeal. Notification of dismissal in writing shall be served on the newly hired employee and a copy filed with Human Resources.

6.4 Demotion of Promoted Employees
An employee who is promoted to a new position in a higher classification may be demoted to their previous position at any time during the probationary period without recourse to right of appeal. Upon such demotion, the employee shall be returned to the position which they held prior to the promotion and shall be placed at the salary level held prior to the promotion.

Section 7 COMPENSATION

7.1 Merit System
In order to properly compensate an employee, adjustments in salary shall be based on a merit system. Adjustments shall not be automatic, but shall depend upon performance evaluation. All merit adjustments are recommended by the Department Head and approved by the City Manager.

Each year during the term of this agreement, the City will provide training to supervisors who conduct performance evaluations. The training shall include a review of the requirements for conducting a fair and objective evaluation.

If an employee who receives a performance rating they dispute, the employee may request a meeting with the Department Head within fifteen (15) working days to discuss their concerns. An employee with a “does not meet standards” may request a meeting with the City Manager as a final step. The employee may provide a written response that will be attached to the evaluation and placed in the employee’s personnel file. The employee has a right to representation and to present any evidence at any meetings described above.

7.2 Salary and Wage Plan
The City Manager shall administer the Compensation Plan for employees. a. All initial employment shall be at a salary level which is within the salary range for the classification for which the employee is hired.
b. New employees who are hired shall be placed on the salary scale. All initial employment shall be at a salary level which is within the salary range for the classification for which the employee is hired. No employee shall be hired at or promoted to a level below the salary range minimum.

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c. Effective dates for the purpose of performance review and merit adjustments will be on the anniversary of the date of hire or, if applicable, the anniversary dates of the most recent promotion or reclassification.
d. Employees will be evaluated for performance-based merit adjustments thirty (30) days prior to their anniversary date.

7.3 Salary Adjustments
Adjustments in salary shall be based upon employee performance as determined by the performance evaluation. It is the duty of the supervisor and Department Head to give a fair and unbiased evaluation based on job performance of the employee. Salary increases shall be effective on the anniversary of the date of hire or, if applicable, the anniversary date of the most recent promotion.
a. Adjustments in salary shall be determined as follows:

Effective July 1, 2022, salary ranges (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from June 2021 through June 2022 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. The minimum adjustment shall be no less than 1% (one percent), and the maximum adjustment shall be no greater than 3.5% (three and one-half percent).

Effective July 1, 2023, salary ranges (top and bottom) shall be adjusted based on the results of the May 2023 total compensation salary survey to bring the top of the range to the 75% percentile of the City’s comparator agencies’ total compensation, adjusted to reflect a 37 ½ hour workweek for all comparator agencies. In recognition of the change in survey methodology, the minimum adjustment shall be no less than 3.5% (three and one-half percent).

Effective July 1, 2024, salary ranges (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from June 2023 through June 2024 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. The maximum adjustment shall be no greater than 3.5% (three and one-half percent).

Effective July 1, 2025, salary ranges (top and bottom) shall be adjusted based on the results of a May 2025 total compensation salary survey to bring the top of the ranges to the 75% percentile of the City’s comparator agencies, taking into consideration total compensation, adjusted to reflect a 37 ½ hour workweek for all comparator agencies.
b. Employee Increases

1. Employees who receive a “Does Not Meet Standards” (less than 3.00 score) evaluation are ineligible for any adjustment.

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2. For the period of July 1, 2022 through June 30, 2026, employees who receive a “Meets Standards” or higher evaluation shall receive an increase in pay based on their rating as follows:

Exemplary Score of 4.50 to 5.00 6.0% & 3 discretionary days Exceeds Standard Score of 4.00 to 4.49 6.0%
Meets Standard Score of 3.50 to 3.99 5.0%
Score of 3.00 to 3.49 4.0%

3. In no event shall any salary adjustment result in an employee earning salary in excess of the top of the range of their classification.

7.4 Total Compensation Salary Survey
The City and SEIU hereby agree that the salary survey used to determine the July 1, 2023 salary adjustments set forth in Section 7.3 of this MOU will be based on total compensation information available to, and known by, the City as of May 30, 2023 (hereafter “survey data”) for the period of July 1, 2023. The salary survey used to determine the July 1, 2025 salary adjustments set forth in Section 7.3 of this MOU will be based on total compensation information available to, and known by, the City as of May 30, 2025 (hereafter “survey data”) for the period of July 1, 2025.

For the purposes of this section, “total compensation” shall be defined as: top step salary for the classification surveyed, including any known salary increases to be in effect as of July 1st of the survey year, as of the survey date (agency increases that are not guaranteed due to the fact the rate is undetermined are not included); cell phone/car allowance; uniform allowance; the maximum city costs for medical, dental, life, LTD/STD, vision; and any city contributions to employee accounts (e.g. deferred compensation, medical savings accounts), adjusted to reflect a 37 ½ hour workweek for all comparator agencies.

The survey will evaluate the classification of Maintenance Technician II. Any increase will be applied equally to all classifications within the unit.

7.5 Salary Following Promotion
a. When an employee is promoted to a position allocated to a classification with a higher salary range, such employee shall be placed in the new salary range five percent (5%) above the previous salary level.
b. Upon recommendation of the Department Director, the City Manager may approve assignment to any other salary within the higher salary range. c. Assignment shall not be made outside the salary range. d. A performance evaluation shall be completed prior to the completion of a six (6) month probationary period in the promoted classification to determine regular status.

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e. The employee’s annual performance review schedule shall change to the effective date of the promotion.

7.6 Salary Following Demotion
a. In the case of the demotion of an employee, such employee shall be moved to the employee's salary prior to the promotion.
b. The employee's annual performance review schedule shall be maintained and there shall be no additional probationary period.

7.7 Salary Following Transfer
In the case of the transfer of an employee from one position to another in the same classification or to another classification to which the same salary range is applicable, the employee shall remain at the same pay level and shall retain the same annual performance review schedule. There shall be no additional probationary period.

7.8 Revision of Salary Ranges
When a salary range for a given classification is revised as a result of the collective bargaining process, those employees holding positions in affected classifications shall not have a salary which falls below the range assigned for the classification.

7.9 Salary on Reclassification of Positions
If an employee is reclassified, the employee shall be placed in the salary range of the new classification at the same amount as the employee’s salary prior to the reclassification plus a 3.5% increase in salary. The employee’s annual performance review date shall change to the effective date of the reclassification. There shall be no additional probationary period.

7.10 Salary for Work Performed in a Higher Classification – Temporary Upgrade and Special Assignment Pay
a. Temporary Upgrade Pay
On occasion an employee may be temporarily required to perform duties of another classification with a higher salary range due to illness, vacation, leave of absence, etc. In such cases, the employee's salary will be adjusted to compensate for the higher level of duties.

In order to receive adjusted compensation for working in a higher classification the employee must be assigned, assume and perform substantially all the duties and responsibilities of the position, and perform them for at least one week (five consecutive working days, without regard to the calendar week).

Adjusted compensation for working in a higher classification shall consist of a flat five percent (5%) increase above the employee's current salary or the lowest salary

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within the higher salary range, whichever is greater, but not to exceed the maximum of the range established for the higher classification.

Each case will be evaluated on an individual basis and recommendation for compensation for work in a higher classification will be made by the Department Head and approved by the City Manager. Such approval should be made in advance whenever possible.

Temporary Upgrade Pay will be limited to 960 hours a fiscal year for assignments in vacant positions qualifying for temporary upgrade pay. Temporary Upgrade Pay is reportable to CalPERS, as defined by CCR 571(a)(3) for classic CalPERS members, to the extent allowed by law.
b. Special Assignment Pay
An employee who is temporarily assigned for a minimum of one (1) work week to perform significant additional duties outside the scope of the job specification of the employee’s classification, in addition to the employee’s regular job duties, will receive Special Assignment Pay at a rate of five percent (5%) above the employee’s base salary.

Merit increases in salary that occur, as provided in Section 7, while an employee is assigned Special Assignment or Temporary Upgrade Pay shall be applied to the employee’s base salary in their base classification. When an employee in a Special or Temporary Upgrade assignment is promoted, the salary increase shall be calculated from base salary from the position the employee is promoted from.

7.11 Shift Differential
An employee who is scheduled to work a shift in which the majority of the hours occur after nine (9) p.m. and before seven (7) a.m. shall receive an additional five percent (5%) shift differential for hours worked while assigned to that shift.

7.12 Designation of Beneficiary
When termination is caused by the death of the employee, pay for unused vacation shall be paid to the beneficiary the employee has designated. Such designation shall be in writing, signed by the employee and filed with Human Resources. If the employee is married and designates a beneficiary other than the spouse for more than fifty percent (50%) of the benefits payable, the signature of the spouse also shall be required on the designation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

7.13 Differential for Auto Mechanic, Signal Technician, Traffic Signals Maintenance and Shop Coordinators
Employees in the Maintenance Specialist Classification who work as Traffic Signal Technicians or Auto Mechanics shall receive an additional five percent (5%) differential.

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Employees in the Maintenance Coordinator Classification who work as Traffic Signal Maintenance and Shop Coordinators shall receive an additional five percent (5%) differential.

7.14 Commercial Driver’s License
All employees required and/or are a part of the Commercial Driver’s License (CDL) pool to hold and maintain a CDL shall be reimbursed for all cost(s) of licensing including the cost of endorsements. Employees required and/or are part of a CDL pool to hold and maintain a CDL, shall be provided paid time (including travel time) to take all tests related to maintaining a CDL.

In addition to those employees required to maintain a CDL an additional four (4) employees shall be allowed to participate in the CDL pool and as such be subject to this section. If the pool is filled, those further interested shall be placed on a waitlist and granted access to the pool as spots become available.

Section 8 HOURS OF WORK AND OVERTIME COMPENSATION

8.1 Hours Worked
The regular work hours for employees shall be five (5) consecutive shifts of seven and onehalf (7.5) work hours in a seven (7) day work period for a total of thirty-seven and one-half (37.5) hours. Each shift shall be seven and one half (7.5) consecutive hours.

Employees on Alternative Work Schedules will work schedules as outlined in Section 8.2.

8.2 Alternate Work Week
Alternate work schedules are in place to accommodate the needs of the department. Work schedules may include the following:

Four (4) consecutive days of nine and one-third (9.37) hours of work per day over a seven (7) day pay period totaling thirty-seven and one half (37.5) hours. The seven days will include four (4) consecutive shifts and three (3) consecutive days off. Each shift shall be nine and one-third (9.37) consecutive hours.

Eight (8) shifts of eight and one half (8.5) hours and one (1) shift of seven (7) hours over a fourteen (14) day period totaling seventy-five (75) hours. The nine (9) days will include five (5) consecutive days in one (1) week and four (4) consecutive days in the other.

Management will give a sixty (60) day notice of any changes to employees working a seasonal schedule. Shorter notice may be provided in case of the need to cover unforeseen staff absences, or in case of emergencies requiring temporary staffing changes.

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8.3 Rest Periods
All work shifts shall include a thirty (30) minute unpaid duty-free meal period. In addition, work hours shall include one fifteen (15) minute paid rest period for each four (4) hours worked. Unless circumstances require, an employee shall be entitled to an uninterrupted rest period.

8.4 Work Week
The workweek for employees as defined by the Fair Labor Standards Act is a regular recurring period of 168 hours in the form of seven consecutive 24 hour periods. The workweek is not necessarily the same as the calendar week. The typical workweek for all City of San Ramon employees represented by SEIU, Local 1021, begins at 12:00 a.m.

Monday and ends at 11:59 p.m. Sunday, except that the work week for employees on an Alternative Work Scheduled may be modified based on individual schedules to accommodate thirty-seven and one half (37.5) hours in a seven (7) day work period. For employees assigned to the 9/75 work schedule, each employee’s designated FLSA work week (168 hours in length) shall begin exactly three and one-half (3.5) hours after the start of the employee’s seven (7) hour shift on the day of the week that corresponds to the employee’s alternating regular day off. The same day of the week shall be permanently designated as the employee’s alternating regular day off.

8.5 Overtime Policy
It is the policy of the City to avoid the necessity for overtime work. When overtime work is necessary, such overtime shall be authorized in advance by the Department Head or their designated representative, but shall be kept at a minimum.

Overtime work for employees, except as otherwise provided, shall be defined as any time worked beyond 37.5 hours in any work week.

8.6 Overtime Compensation and Computation Policy
Employees working in excess of a normal thirty-seven and one-half (37.5) hour work week may be paid at an hourly rate of one and one half (1.5) times the regular hourly rate (1/75th of the employee's biweekly pay).

In case of less than thirty-seven and one-half (37.5) hours worked in a workweek, due to vacation, holidays, sick leave, or other paid or unpaid leave, employees who work approved additional hours shall be paid overtime compensation for those hours paid in excess of seven and one-half (7.5) hours per workday (or their regularly scheduled workday, whichever is longer) and thirty-seven and one-half (37.5) hours in a workweek. Such overtime shall be paid at an hourly rate of one and one half (1.5) times the regular hourly rate, except the rate for overtime paid under this paragraph (contractual overtime) will not include monies received for medical opt-out payments.

As an alternative to receiving cash, employees may choose to be compensated for overtime work through compensatory time-off (comp time) at the rate of one and half (1.5) hours

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comp time per overtime hour worked instead of receiving cash payment. The decision to receive overtime pay or compensatory time credit shall be made at the end of the pay period in which the overtime is worked. There is no provision for converting compensatory time to overtime pay except at termination. Compensatory time may be accrued up to a maximum of 240 hours per employee.

If an employee has any unused accrued comp time at termination, the employee will be paid for such unused comp time at their regular rate of compensation at termination.

8.7 Overtime - Conditions of Civil Disaster or Local Peril In case of civil disaster, state of extreme emergency or local peril, the procedure for payment of overtime may be suspended temporarily by the City Manager for the period of the emergency. During such period, the City Manager shall determine the compensation procedure. However, such procedure shall not change the rate of overtime compensation.

8.8 Pay Periods
Payday shall be every other Friday (bi-weekly) for the (2) two-week period ending two (2) Sundays prior to the payday.

Section 9 STANDBY AND CALLBACK PAY

9.1 Standby Status and Standby Pay
When it is necessary to require an employee to leave word where they can be reached for emergency call out or other services during a specified period of time, other than scheduled hours of work, such employee shall be considered on standby status. The following provisions apply to standby status:

Compensation:
a. An employee on stand-by status shall be paid at the rate of fifteen percent (15%) of the employee's straight time rate of pay for all hours spent on standby. b. If an employee is called out for an emergency while on standby status, they will be compensated for a minimum of two (2) hours work at one and one half (1.5) times the regular hourly pay rate. Any time worked in addition to the two-hour minimum will be compensated at one and one half (1.5) times the normal hourly rate for each additional hour or fraction thereof. The fifteen percent (15%) standby pay will stop from the time the employee is called out to the time the employee returns to standby status. Work time shall commence from the time the employee is called to work until the time the employee returns home.
c. Employees called back to work after midnight may elect to arrive at work that same day an amount of time past the normal starting time equivalent to the time worked past midnight. If an employee elects to exercise this privilege, they must notify the supervisor in advance of the normally scheduled workday or within one half hour

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(30 minutes) of normal start time. If it is deemed to be detrimental to the operation of the City to grant this time off, the supervisor may deny the request. Employees who use this option will be paid the regular hourly rate for hours actually worked that day.

9.2 Call Out Procedure
Employees may be called out during other than normal work hours to perform necessary work. In the event that an employee is called back to work before or after normal working hours, they will be compensated for a minimum of two (2) hours work at one and half (1.5) times their normal rate of pay. Any time worked in addition to the minimum two (2) hours will be compensated at one and half (1.5) times the normal hourly rate of pay for each additional hour or fraction thereof. Work time shall commence from the time the employee is called to work until the time the employee returns home.

Section 10 HOLIDAYS

10.1 Holidays
The following holidays are recognized as regular holidays for pay purposes. Regular parttime employees who work a minimum of twenty (20) hours per week on a continuous basis are entitled to receive holiday pay at their straight time rate in an amount proportionate to the ratio of scheduled hours of work per week as approved in the fiscal year budget.

Regular and probationary full-time employees shall have the following days off with pay:
* New Year's Day * Veteran's Day
* Martin Luther King Jr. Day * Thanksgiving Day
* President's Day * Day After Thanksgiving
* Memorial Day * Christmas Day
* Independence Day * One-half Day (afternoon)
* Labor Day on either Christmas Eve or New Year's Eve
* Two discretionary holidays, plus effective
January 1, 2023, one additional discretionary
holiday in recognition of Juneteenth
Discretionary holidays are granted on a calendar year basis and must be used during that year. Discretionary days may be scheduled with twenty-four (24) hours’ notice to, and approval by, the supervisor or Department Head. There is no provision for accrual beyond the calendar year, and employees shall not be paid for unused discretionary holidays at the time of separation from the City service.

When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

An employee who wishes to be excused from work in observance of a religious holiday (not listed as a "Regular Holiday for Pay Purposes") shall request approval of such absence

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from the employee's Department Head. If approved, such time off shall be charged against the employee's accumulated compensatory time, discretionary holidays, or vacation leave.

10.2 Employee Eligible for Holiday Pay
Employees who are on pay status both the work day before and the work day after a holiday shall be entitled to receive time off with pay at their straight time rate for the holidays listed above. All employees receive seven and one-half (7.5) hours of holiday pay. If the employee works a schedule with more than seven and one-half (7.5) hours in a workday, the employee must use accumulated vacation or compensatory time to provide the difference between seven and one-half (7.5) hours and the employee's normal work day.

10.3 Employees Required to Work on Holiday
Any employee eligible for holiday pay who is required to work on a day designated as a holiday under the provision of this Memorandum of Understanding, or on such other day as authorized by the City, shall receive holiday pay in accordance with Section 10.2 above.

In addition, the employees shall be paid for all hours worked on said holiday at the rate of one and one-half (1.5) times the regular hourly rate of pay.

When a day designated as a holiday under the provisions of this Memorandum of Understanding or such other day as authorized by the City falls on a normally assigned day off of an employee who is eligible for holiday benefits, said employee shall receive holiday pay in accordance with Section 10.2. In lieu of cash for said holiday, employee may choose to receive seven and one-half (7.5) hours of compensatory time.

Section 11 VACATION

11.1 Eligibility
Regular full-time and regular part-time employees having completed six (6) months of continuous service shall be eligible for paid vacation at their current rate of pay. A Department Head may grant an employee with less than six (6) months of service paid vacation, but it shall not exceed the amount of vacation time the employee has actually accrued.

11.2 Vacation Accrual
All vacation accruals are calculated based on a 7.5 hour working day. Each regular full time and probationary employee shall accrue vacation at the following rate for continuous service performed as follows:
a. 1st through 4th year of service
Twelve (12) working days of vacation during each complete year of service. (1 day [7.5 hours] per month)
b. Beginning the 5th year through 9th year of service

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Fifteen (15) working days of vacation during each complete year of service. (1.25 days [9.375 hours] per month)
c. Beginning the 10th year through 14th year of service Twenty (20) working days of vacation during each complete year of service. (1.66 days [12.45 hours] per month)
d. Beginning the 15th year through the 19th year of service Twenty-two (22) working days of vacation during each complete year of service. (1.83 days [13.725 hours] per month)
e. Beginning the 20th year of service:

Twenty-five (25) working days of vacation during each complete year of services. (2.083 days [15.625 hours] per month)
Regular part-time and probationary part-time employees shall accrue vacation in an amount proportionate to the ratio of scheduled hours of work per week to the standard work week but in no case shall the number of days of vacation accrued per year exceed those days allowed by the appropriate subsection above. Employees must be in a paid status to accrue vacation leave. Temporary employees are not eligible to accrue vacation leave. Vacation accrual shall begin with the date of employment and shall accrue bi-weekly for each employee based on their date of employment.

11.3 Use of Vacation
Vacation shall be scheduled as far in advance as possible, and at least one (1) week in advance, with the employee's supervisor or Department Head. An employee shall submit a request to their supervisor or Department Head. Approval by the Department Head or designee is required prior to taking vacation time off. The Department Head or designee shall respond to the employee within seven (7) calendar days after submission of the request. Vacation leave shall not be used beyond the time accrued.

11.4 Maximum Accumulation
Employees shall be allowed to accumulate vacation up to but no more than twenty-four (24) working days or two (2) times their annual accrual, whichever is greater. Upon approval by the City Manager, an employee may be allowed to continue to accrue vacation beyond the maximum accumulation, should the employee's vacation request be denied due to an emergency (natural disaster, etc.) which is beyond the employee's control. An employee allowed to continue to accrue vacation beyond the maximum accumulation will be given a specific time period by the City Manager to use vacation to reduce their accumulation to the allowable amount or the amount over the maximum accumulation will be forfeited.

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11.5 Vacation at Termination
A regular full-time or regular part-time or new hire probationary employee whose employment with the City terminates shall be paid for that part of their vacation accumulation that remains unused at the time of termination. Payment for unused vacation shall be made at the rate of pay in effect for the employee at the time of termination.

When an employee retires from City services, the employee may extend their last day worked by using an amount of vacation leave equal to their annual accrual prior to their CalPERS retirement date, if desired. For example, an employee with 15 to 19 years of City Service upon retirement may use up to 165 hours of vacation prior to their last day worked.

11.6 Holidays Falling During Vacation
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employee's compensation for that day shall be holiday pay and he/she shall not be paid or charged for vacation.

Section 12 SICK LEAVE

12.1 Statement of Policy
Paid sick leave is an employee benefit of time off granted to an employee in cases of personal illness or accident, medical or dental treatment, or as authorized in Section 12.6 of this Section. The employee shall make notification by contacting the designated voicemail box prior to or within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed by the Maintenance Supervisor or Department Head. The voice mail message shall explain why the employee is unable to report to work and an approximate date of return.

Any employee who is absent from work due to sick leave shall not engage in any activity or work which would inhibit their ability to return to work at the earliest possible time.

Employees may not use sick leave unless they are truly sick or they have another lawful reason for using sick leave. Excessive intermittent use of sick leave is defined as a frequent pattern of one or two days after the work week begins or before it ends. Use of sick leave for valid reasons shall not be considered abuse.

If the City suspects that an employee has excessive intermittent or other inappropriate use of sick leave, the immediate supervisor will notify the employee in writing that the City suspects abuse. The notice will also invite the employee to explain, rebut or refute the abuse claim. If the City determines that the employee engaged in inappropriate use of sick leave, the immediate supervisor shall give the employee a written notice which shall describe what actions it expects the employee to take to correct the problem.

The supervisor’s written notice may require the employee to provide a written statement from a healthcare practitioner justifying each day of sick leave for a period not to exceed

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six months. At the end of this sick leave probation, the immediate supervisor shall review the employee’s use of sick leave with the employee. The supervisor shall end the sick leave probation if the employee fulfilled the expectations described in the written notice.

The supervisor may extend the sick leave probation and/or take disciplinary action if the employee failed to fulfill the expectations described in the written notice.

12.2 Accrual
Sick leave shall be accrued at the rate of seven and one-half (7.5) hours per calendar month for each month that a regular full-time and probationary employee has worked. Regular and probationary part-time employees shall accrue sick leave in an amount proportionate to the ratio of scheduled hours of work per week to the standard workweek.

12.3 Accumulation
Accrued sick leave may be accumulated without limit for use purposes.

12.4 Use
Sick leave may be used by the employee for purposes contained in this Article. As stated in Section 12.1 of this Article, a written health care practitioner's statement may be required before approval of sick leave pay. In the event of continued, regular absence requested as sick leave, an employee may be further counseled by the Department Head and required to see the City's physician at no cost to the employee. Pay for approved sick leave shall be authorized until the employee's accumulated total sick leave hours have been exhausted and at such time the employee shall receive no further pay for sick leave.

An employee shall be granted time off chargeable to sick leave for a visit to a health care practitioner or dentist or to accompany a spouse or dependent to a health care practitioner or dentist.

An employee shall have their accumulated sick leave balance reduced by an amount equal to the number of sick leave hours for which pay is received.

Sick leave will not be granted for any of the following causes:
a. Disability arising from any sickness or injury purposely self-inflicted or caused by employee's own willful misconduct.
b. Disability arising from any sickness and injury related to employment other than with the City of San Ramon.

Abuse of sick leave, i.e., used for unauthorized purposes, may result in disciplinary action.

12.5 Depletion of Sick Leave
In the event of an employee's continued illness after depletion of their sick leave, such absence may, with the approval of the Department Head, be charged to vacation time

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accrued. Upon depletion of leave benefits, a medical leave without pay shall be governed by the conditions contained in Section 13 of this Memorandum of Understanding.

12.6 Leave Chargeable to Sick Leave
An employee may be granted time off with pay for the following:
a. Absence due to the illness or injury of a member of the employee's immediate family.
b. Absence beyond three (3) days, or five (5) days if outside the state, due to the death of a member of the employee's immediate family.
c. Birth of child to employee's spouse - while spouse is hospitalized.

Such time off shall be considered as sick leave and shall be charged against the accumulated sick leave of the employee.

12.7 Sick Leave Conversion
a. Annual Conversion
Annually in October, regular full-time and regular part-time employees will be given the opportunity to elect if they want to convert a portion of unused sick leave at the end of the following calendar year. Employees will have the option to:

1. Convert up to seventy-five (75) hours of accrued sick leave to cash at a conversion ratio based on years of service. To be eligible, at time of payment, the employee must have a balance of two hundred and twentyfive (225) hours of sick leave after the cash out occurs;

2. Convert thirty-seven and one-half (37.5) hours of accrued sick leave at their base hourly rate to their 457 Deferred Compensation Plan. In order to be eligible, at time of conversion, the employee must have a sick leave balance of 150 hours after the conversion; or

3. Not participate in the conversion option.

Employees’ elections are irrevocable. If an employee does not meet the minimum balance requirements at time of cash out/conversion, their election will be cancelled. Cash outs/conversions will occur the first pay check in December in the calendar year following election.

An employee’s failure to provide an election form will be deemed as a waiver to participate in plan for the following year.

The conversion ratios are as follows:

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Service Requirement Conversion Ratio
Less than 5 years of uninterrupted service 25%
5 to 10 years of uninterrupted service 33%
More than 10 years of uninterrupted service 50%
Example: An employee with 8 years of service wants to convert 75 hour of sick leave. Based on his years of service, his conversion ratio is 33%. As a result, 75 hours of sick leave will be deducted from his sick leave bank, he will get paid out for 24.75 hours at his base hourly rate, and the remaining 50.25 hours will be forfeited.
b. Conversion at Retirement or Termination of Employment Regular full-time and regular part-time employees will be granted the opportunity to convert unused sick leave for pay upon retirement, or at resignation or termination of employment in good standing.

Employees who wish to convert their unused sick leave for pay upon retirement, or at resignation or termination of employment in good standing, will be allowed to "cash in" all unused sick leave accrued.

Up to the time of the employee's final paycheck, all accrued sick leave may be converted to cash. The conversion ratios are as follows:

Service Requirement Conversion Ratio
Between 1 and 5 years of uninterrupted service 25%
5 to 10 years of uninterrupted service 33%
More than 10 years of uninterrupted service 50%
At retirement, the percentage of leave not sold back will be reported to CalPERS for additional service credit.

As an alternative to the cash option identified above, employees who are retiring from the City may choose to convert one hundred percent (100%) of their unused sick leave to CalPERS service credit.

Payroll taxes for cash out or conversion option will be calculated in accordance with IRS rules.

12.8 Workers' Compensation Disability Payments
An employee receiving temporary disability payments under the Worker's Compensation Laws may use accumulated sick leave in order to continue to maintain their regular income.

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Under such circumstances, the employee shall be paid the difference between their full salary and the disability payments received. Accumulated sick leave shall be charged in proportion to the amount of their full salary paid by the City during such period of disability.

Payments for permanent disability awarded pursuant to a Worker’s Compensation claim are to be retained by the employee, it being ruled by State Compensation Insurance Fund that such awards by the Commission are recompense for the permanent disability suffered by the employee.

12.9 On The Job Injury
An employee injured in the course of employment must report the accident to their supervisor. The supervisor is responsible for submitting a statement signed by the employee and giving all details within twenty-four (24) hours of the accident.

When an employee is off work as the result of a valid on-the-job injury or illness sustained in the service of the City, the City shall continue their pay in the amount of their monthly rate for up to but no longer than six (6) work weeks or until the time which the City of San Ramon's worker’s compensation disability plan comes into effect, whichever date is earlier. The City shall pay only that amount necessary to make up the difference between the employee's monthly rate and the amount payable to the employee as temporary disability payments from the Worker's Compensation Insurance Plan of the City. Such pay shall be considered as on-the-job injury leave and shall not be charged to any other accrued leave.

After six (6) work weeks, the employee may choose to supplement payments from the Worker’s Compensation Insurance Plan of the City with accumulated sick leave, vacation and/or compensatory time. In no case shall the total amount of payment made to the employee exceed the base salary for the position.

During the time that an employee is off work as the result of a valid on-the job injury, the employee will retain their normal anniversary date.

12.10 Off The Job Injury
Any injury/illness occurring other than in the service of the City may be compensated for through the provisions of the short-term/long-term disability insurance plan provided by the City.

Section 13 OTHER LEAVES OF ABSENCE

13.1 Personal Leave of Absence without Pay
Upon recommendation of the Department Head, the City Manager may grant an employee a leave of absence without pay in cases of emergency or where such absence would not be contrary to the best interests of the City. No such leave shall be granted except upon written request on the authorization form, and the approval must be in writing. Requests should

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be made as far in advance as practical. Such leave shall not exceed four (4) calendar months duration. Loss of service credit will occur for the duration of the leave; no benefit credit will be accrued toward vacation or sick leave. Employee insurance benefits will remain in effect. Performance review will be deferred if necessary or may be rescheduled upon return to work.

13.2 Family Care and Medical Leave
Employees may be eligible for leave under the Family Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA). The administration of any FMLA or CFRA leave provided for under this provision shall be in accordance with the provisions of the FMLA and the CFRA. Leave provided under this section may run concurrently with other leaves provided, as designated by the Human Resources Department. Additional information regarding available leave benefits is set forth in City’s Family and Medical Leave Policy.

13.3 Pregnancy Disability Leave of Absence
Employees may be eligible for leave under the California Pregnancy Disability Leave Law (PDLL). The administration of any leave given under the PDLL shall be in accordance with the provisions of the PDLL. Leave provided under this provision may run concurrently with other leaves provided. Additional information regarding available leave benefits is set forth in the City’s Family and Medical Leave Policy.

13.4 Death in Immediate Family
Employees shall be granted up to three (3) working days leave with pay by the Department Head in the event of death in the immediate family of the employee or the employee's spouse if death occurred within the state and up to five (5) days if death is outside of the state. (“Immediate family” is defined in “Definitions”).

Additional time off in excess of three (3) or five (5) days may be taken by an employee with prior approval of their Department Head and the City Manager. Such additional time off is to be charged in the following order:
a. Accumulated sick leave.
b. Accumulated vacation leave.
c. Accumulated compensatory time.
d. Discretionary days.
e. Leave of absence without pay.

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13.5 Military Leave of Absence
Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give the appointing authority an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

Whenever possible, the employee involved shall notify their department of such leave requested at least ten (10) working days in advance of the beginning date of such leave.

Upon termination of military leave, the employee, in accordance with applicable law, may return to their classification without loss of seniority or other benefits.

13.6 Military Reserve Training
Employees attending the two (2) week Camp Sessions held by branches of the military are paid the difference between their regular City base salary and military pay received.

Employees should notify their Department Head as soon as their dates of training are known and submit a copy of their military orders. These sessions do not constitute breaks in employment, and benefits accrue as usual.

13.7 Subpoena
Employees who are subpoenaed to appear as witnesses on behalf of the Federal Government or any of its agencies, the State of California or any of its agencies, or the City of San Ramon or any of its agencies, shall be granted a leave of absence, upon presentation of the subpoena to the Department Head or designee. Said employees shall receive full pay for such appearances, provided the employee remits to the City all fees as soon as received by the employee for such appearances.

Compensation for expenditures of the employee, for mileage or subsistence allowances, shall not be considered as a fee and shall be retained by the employee.

13.8 Jury Duty
Employees required to report for jury duty shall be granted leave for such purpose, upon presentation of jury notice to the Department Head or their designee. Said employees shall receive full pay for the time served on a jury, provided the employee remits to the City all fees as soon as received by the employee for such duties. Compensation for mileage or subsistence allowances shall not be considered as a fee and shall be retained by the employee.

13.9 Medical Leave/Work Related
All employees are covered by Workers' Compensation as required by law. Employees shall be provided leave consistent with these laws.

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13.10 Return from Leave
Upon expiration of leave, an employee is entitled to be restored to the position of employment held when the leave commenced, or to an equivalent position.

13.11 Unauthorized Leave of Absence
Unauthorized leave of absence shall be considered as days, or portion of days, not worked in which the employee was scheduled to work. Unauthorized leave will be deducted from the employee's pay in an amount equivalent to the time absent. An unauthorized leave of absence will result in disciplinary action. Unauthorized leave of absence for more than three (3) days shall be cause for termination of employment.

Section 14 LAYOFFS

14.1 City Council Action
The City Council shall determine which position(s) shall be eliminated within the organization. Human Resources shall determine and notify the employee(s) to be laid off as a result of the eliminated position(s).

14.2 Order of Layoffs
To determine which employee is to be laid off as a result of an eliminated position, Human Resources shall use the following procedure:
a. Prepare a list of every employee in the affected classification. (A classification is defined as a position or group of positions sufficiently similar in duties and responsibilities in which the same title, qualifications, test of fitness and salary range can be applied.)
b. Determine which employee(s) within the classification will be laid off.

If there is only one (1) employee in the classification, that employee shall be given a layoff notice.

If there are two (2) or more employees within the same classification, Human Resources shall apply the following order in determining which employee shall be laid off:

First, temporary employees in the classification shall be laid off. The City Manager shall determine which temporary employee(s) shall be laid off.

Second, if there are no temporary employees in the classification, the following system shall be applied to all other employees.

1. Employees shall receive points based upon each annual Performance Evaluation rating based on the following system:

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Does Not Meet Standards/Needs Improvement 0
Meets Standards/Satisfactory 1
Exceeds Standards/Excellent 2
Exemplary Performance Deserving of Special Recognition/Superior 3

2. Employees shall receive one (1) point for each year of City service (seniority). Service credited points shall be prorated for partial years of service.

3. The sum of (a) the annual Performance Evaluation ratings and (b) the years of service will be combined to determine the score of each employee.

4. Employees shall be laid off based upon their score, with the employee with the lowest scores being the first to be laid off.

5. If two or more employees have the same scores, employees shall be laid off in inverse order of their annual Performance Evaluation rating total.

If the above process still results in a tie, layoff will be determined by seniority in City service.
c. Seniority shall be defined as follows:

As determined by official City payroll records, all service in the employ of the City shall be counted toward the establishment of an employee's City seniority service ranking including temporary, regular part-time, probationary, and regular full-time, as well as obligatory leaves for military service while an employee of the City.

Loss of service credit will occur for the period of a leave of absence without pay.

Less than full-time service will be consolidated in equivalencies of full-time service for the purpose of establishing City seniority service ranking. Time off as a result of formal disciplinary action will be subtracted from the City seniority service score.

14.3 Displacement Rights
An employee designated to be laid off shall receive written correspondence with at least a minimum thirty-day layoff notification and displacement rights. An employee scheduled to be laid off may displace as follows:
a. An employee with a lower score in the same department in a lower classification for which the laid off employee is qualified. In such a case, the affected employee shall displace the employee with the lowest score (as determined in Section 14.2 [2] above) within said classification.
b. (2) An employee with a lower rank score (as determined in Section 14.2 [2] above) in any department in a lower classification in which the affected employee once held regular status. In such a case, the affected employee shall displace the employee with the lowest score within said classification.

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14.4 Notification of Displacement
An employee scheduled to be laid off must request displacement in writing to Human Resources within seven (7) working days of receipt of notice of layoff. An employee displacing to a lower or related classification shall be placed at the salary tier representing the least loss of pay. In no case shall the salary be increased above the amount received in the classification from which the employee was laid off.

Employees assuming a lower or related classification shall serve a probationary period in the new classification unless they previously have completed a probationary period in the classification.

14.5 Reemployment
The names of employees laid off or displaced shall be entered on a reemployment list in the inverse order specified in Section 14.2. As reemployment opportunities become available in the classification from which the employee was laid off, the employees on the list, commencing with the highest score, shall be offered return to those positions.

Reemployment lists shall remain in effect for two (2) years.

Laid-off or displaced employees will be notified of reemployment opportunities by certified mail at the last official known address of the laid-off or displaced employee. It shall be the responsibility of the laid-off or displaced employee to inform the City in writing of any changes in their address.

The laid-off or displaced employee must notify Human Resources of their acceptance within three (3) work days of receipt of the mailing as reflected on the postal service certified return receipt. The employee shall be notified of such time limit in the written reemployment offer. Failure to contact the designated City official within such period shall be deemed as rejection of the vacant position and will remove the employee from the reemployment list.

Section 15 EMPLOYEE BENEFITS

15.1 Retirement Plan
a. Tier 1: Employees hired before July 1, 2012 shall participate in the California Public Employees Retirement System (CalPERS), 2.7% at age 55, calculated based on single highest year compensation. The plan includes the 4th Level 1959 Survivor’s Benefit.

1. Employer-Paid Member Contributions (“EPMC”): Effective July 1, 2006, the City shall pay the full cost of the employee’s eight percent (8%) normal member contribution towards CalPERS and shall report the same percentage (8%) to CalPERS as “special compensation” for purposes of calculating as employee’s “final compensation” in accordance with Government Code Section 20042.

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2. Cost-Sharing: Employees shall share in the City’s CalPERS costs by contributing eight percent (8%) of the employee’s compensation reportable to CalPERS (i.e. “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code section 20516(f).

3. Effective with the start of the first pay period on or after July 1, 2018, employees shall contribute an additional one percent (1%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of nine percent (9%).

4. Effective with the start of the first pay period on or after July 1, 2019, employees shall contribute an additional one percent (1%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of ten percent (10%).

5. Effective with the start of the first pay period on or after July 1, 2020, employees shall contribute an additional one percent (1%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of eleven percent (11%). b. Tier 2: Employees hired on or after July 1, 2012 shall participate in the California Public Employees Retirement Systems (CalPERS), 2.0% at age 60, calculated based on the highest three-year average compensation. The plan includes the 4th Level 1959 Survivor’s Benefit.

1. Employer-Paid Member Contributions (“EPMC”): Effective September 11, 2012, the City shall pay the full cost of the employee’s seven percent (7%) normal member contribution towards CalPERS and shall report the same percentage (7%) to CalPERS as “special compensation” for purposes of calculating as employee’s “final compensation” in accordance with Government Code Section 20042.

2. Cost-Sharing: Employees shall share in the City’s CalPERS costs by contributing seven percent (7%) of the employee’s compensation reportable to CalPERS (i.e. “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code section 20516(f).

3. Effective with the start of the first pay period on or after July 1, 2018, employees shall contribute an additional one percent (1%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of eight percent (8%).

4. Effective with the start of the first pay period on or after July 1, 2019, employees shall contribute an additional one percent (1%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of nine percent (9%).

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5. Effective with the start of the first pay period on or after July 1, 2020, employees shall contribute an additional one percent (1%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of ten percent (10%). c. Tier 3: Employees hired on or after January 1, 2013 and classified as a “new member” of CalPERS as defined in PEPRA are responsible for paying one-half of the normal cost of the retirement plan and subject to the reportable annual compensation limit per Government Code Section 7522.10.

1. Effective with the start of the first pay period on or after July 1, 2018, employees will pay an additional one percent (1%) towards the employer’s pension contribution, above the rate determined by CalPERS.

2. Effective with the start of the first pay period on or after July 1, 2019, employees will pay an additional one percent (1%) towards the employer’s pension contribution, for a total of two percent (2%), above the rate determined by CalPERS.

3. Effective with the start of the first pay period on or after July 1, 2020, employees will pay an additional one percent (1%) towards the employer’s pension contribution, for a total of three percent (3%), above the rate determined by CalPERS.
d. Pursuant to IRS Code Section 414 (h) (2), these contribution payments shall be made on a pre-income tax basis.
e. The City does not participate in the Social Security Plan with the exception of the mandatory Medicare (FICA) deduction.

15.2 Disability Insurance
During the term of this agreement, the City shall provide major long-term disability insurance for employees. The cost for this insurance shall be paid for by the City. The amount of the insured monthly salary shall be $10,000. All other provisions of the plan shall remain unchanged.

15.3 Health/Life Insurance Program
The City of San Ramon shall continue to contract with California Public Employees Retirement to make available to eligible City of San Ramon employees the CalPERS Medical Insurance Program, subject to the provisions below:

15.4 Core-Flex Benefit Plan – Active Employees
The City of San Ramon will establish and maintain a “core-flex” benefit plan. The “core” shall consist of the CalPERS Medical Plan (Bay Area Rates) and the existing dental plan.

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15.5 Employer Minimum Share
Under CalPERS rules, the City will contribute the following amounts as the “employer minimum share” per employee per month toward the health plan:
2022 $149
Subsequent Years As determined by CalPERS

15.6 City Monthly Contribution Amounts – Active Employees For calendar year 2022, the City will contribute the following monthly amounts, including the CalPERS Medical Plan “employer minimum share” (as noted in Section 15.5) contribution towards the election of medical and dental benefits in the plan, or the actual premiums whichever is less.

Coverage Level Dental Plan Medical Plan Total City
Contributions
Employee Only $60.80 $857.06 $917.86
Employee + 1 $105.70 $1,714.12 $1,819.82
Employee + 2 or more $175.60 $2,228.36 $2,403.96
The above monthly amounts are based on the 2022 premium rates for the City’s dental plan and the Kaiser CalPERS premium rates. Employees electing enrollment in a CalPERS medical plan with premium rates greater than the 2022 Kaiser CalPERS premium rates shall contribute the difference between the 2022 Kaiser CalPERS plan for the coverage level elected and the actual premium cost of the medical plan selected for the coverage level elected

15.7 Future Increase or Decrease in Kaiser CalPERS and City Dental Plan Premium – Active Employee
For the term of this agreement, the City shall increase or decrease its monthly contribution by an amount equal to the increase or decrease in the Kaiser CalPERS premium rates.

Employees electing to enroll in a medical plan with premium rates higher than the CalPERS Kaiser Plan shall be required to pay the difference in premium rates between the Kaiser Medical Plan and the plan selected by the employee.

15.8 Opt-Out of Medical and/or Dental Plan
Employees electing not to enroll in the “Core-Flex” plan (i.e., who wish to waive enrollment in the medical and/or dental plan) and demonstrate annually to the satisfaction of the City their enrollment in another medical and/or dental plan, shall receive opt-out premiums as set forth in Section 15.9 below. In the event both spouses are employed by the City and are eligible for enrollment in the Core-Flex plan, one employee may elect not

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to enroll in the medical and dental plan and will receive the employee only opt-out rate if enrolled under the spouses medical and dental coverage.

15.9 Opt-Out Rates
Effective January 1, 2023, the opt-out rates will be as follows, based on the employee’s status and eligibility during the active benefit plan year, in accordance with Internal Revenue Code timelines and qualifying events:

Employee Rate: Medical $300+/- dental $50 =$350/monthly maximum Two-party Rate: Medical $400+/- dental $75 = $475/monthly maximum Family Rate: Medical $500+/- dental $100 = $600/monthly maximum Re-enrollment in the medical and/or dental plan shall only be allowed based on a qualifying event as defined by the IRS Codes or during an open enrollment period. Employees electing to opt-out of the medical or dental plan may do so only during an open enrollment period.

15.10 Dental Care
Effective January 1, 2023, the City shall provide employees and eligible dependents with a dental insurance plan with an annual benefit cap of $2,500 and the level of benefits in effect as of January 1, 2012. The City shall pay the full premium cost of the plan for the employee and eligible dependents.

15.11 Vision Plan
The City shall provide employees with a vision insurance plan with the level of benefits in effect as of January 1, 2022. The City shall pay the full premium cost of this plan for the employee and eligible dependents.

15.12 Life Insurance
The City shall provide to each employee an employer-paid life insurance policy with maintenance of the same levels of coverage as currently exist, which is two times employee’s base annual salary. Employees shall be eligible for coverage upon their first day of employment as a regular employee.

15.13 COBRA - Continuation of Health Coverage
As required by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) the City's health insurance plans provide for continuation of group health coverage to employees and eligible family members, upon a qualifying event, at the employee or family member’s expense according to the provisions set forth in COBRA.

15.14 Deferred Compensation
Employees may participate in the deferred compensation plan in accordance with the

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guidelines of that plan as long as such a plan is offered to any employees through the City.

15.15 Flexible Spending Program - Section 125
The City shall make an annual contribution (first pay period of each calendar year) of $500 to a flexible spending account for each employee. Any employee hired after January 1 shall have a prorated amount contributed into an account in the employee’s name.

15.16 Mileage Reimbursement/Allowance
Whenever an employee is required to use a private vehicle in the conduct of City business, such employee is entitled to reimbursement for actual mileage. Mileage is reimbursed at the rates prescribed by the IRS. Also, in the event of an accident while using a private vehicle on City business, the employee's insurance will be primary; however, the City will cover the employee's deductible cost.

15.17 Adoption Benefit
Adoption benefits will be provided to all employees. An employee who adopts a child will be eligible to receive reimbursement from the City for fifty percent (50%) of the costs related to the adoption up to a maximum reimbursement of five thousand dollars ($5,000).

15.18 Retiree Medical
a. For employees hired before July 1, 2006, medical, dental and vision premium payments shall be made on behalf of employees + spouse/domestic partner who retire from the City of San Ramon based on the following formula:
0 to 3 years of service No payment
4 to 7 years of service 50% of the cost of premiums
8 to 11 years of service 75% of the cost of premiums
12 years of more of service 100% of the cost of premiums b. For employees hired after July 1, 2006, medical, dental and vision premium payments shall be made on behalf of employees only who retire from the City of San Ramon based on the following formula:

Upon completion of 5 years of service 25% of the cost of the premiums After 5 years Additional 5% for each year of
Service so that at the end of 20
years of service 100% of the cost
of premiums
c. For employees hired after July 1, 2014, the City will contribute an amount equal to 3% of the employee’s salary to a Retirement Health Savings Plan with ICMA while

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employed with the City to be used to purchase a medical, dental, and/or vision plan.

This will replace participation in the defined benefit retiree health plan. d. Retiree Medical Insurance – Early Retirees
Under CalPERS rules, the City will directly contribute the “employer minimum share” toward the cost of retiree medical coverage through CalPERS and make such payment on behalf of the retiree directly to CalPERS each month. Additional City contribution will be made to eligible retirees each month based on the applicable schedule provided in Section 15.18 (a) and 15.18 (b).
e. Medicare Eligible Retirees
CalPERS rules provide for the continued enrollment in the CalPERS medical insurance plan when a retiree reaches Medicare eligibility and requires the City to continue to pay the “employer minimum share” payment for the retiree who continues enrollment in a CalPERS Medical plan. Upon reaching Medicare eligibility, CalPERS rules require the retiree to enroll in a CalPERS Supplement/Managed Medicare Plan. San Ramon City Council Resolution 2007 – 189 provides that retirees may receive a reimbursement of up to $461.51 (2022 rate) per month adjusted annually by 2% (in some cases an additional $461.51 per month for a spouse) to purchase a Medicare supplemental insurance policy and to pay for dental and vision coverage.

Upon reaching Medicare eligibility, and contingent upon continued enrollment in the CalPERS Medical Insurance program, the City will reimburse the eligible retiree the difference between the amount the retiree is eligible to receive to purchase a Medicare Supplement and other available health benefits, pursuant to the San Ramon City Council Resolution 2007 -189, for the purchase of a Medicare supplement and the “employer minimum share.” For example, if the Medicareeligible retiree receives $461.51 (2022 rate) per month (and meets the remaining eligibility requirements for receiving a City payment), the retiree will receive $461.51 per month less the “employer minimum share” (which will be paid by the City directly to CalPERS on behalf of the retiree) resulting in no net reduction in the payments made by the City of San Ramon, provided the retiree provides evidence of coverage for other benefits such as dental, vision, etc. f. Method of Payment for Coverage
The current system of retiree payment and any City reimbursement to the retiree shall be made through a Health Reimbursement Arrangement (HRA). Eligible retirees shall be required to provide the City of San Ramon with the appropriate authorization form upon retirement from the City and at other times after retirement if required to administer the retiree medical benefit.

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Section 16 UNIFORMS

16.1 Uniforms
The City shall pay the full cost of employee uniforms and safety equipment. Each employee shall receive uniforms consisting of eight (8) shirts, eight (8) pairs of pants/shorts, hat and jacket upon initial employment. In the event these uniforms are damaged in the course of work or are worn out as a result of normal wear, the uniforms shall be replaced at no cost to the employee.

16.2 Safety Shoes
Annually each employee shall be provided with two (2) pairs of safety shoes through a selected vendor that meets the specifications and requirements designated for their duties and work assignments and the cost shall be borne by the City. The employee may be provided the option to have the shoe re-soled at the expense of the City. Safety shoes purchased by the City shall be worn in accordance with the Department Rules and Regulations. The safety shoe allowance shall be reviewed on an annual basis, any changes to the allowance shall be agreed upon by both parties.

Section 17 DISCIPLINARY PROCEEDINGS

17.1 Causes for Disciplinary Action
Employees may be disciplined for just cause including but not limited to the following:
a. Fraud in securing appointment or making a false statement on an application for employment.
b. Incompetence, inefficiency or neglect of duty.
c. Insubordination, willful disobedience.
d. Dishonesty.
e. Being under the influence of drugs or alcohol while on duty. f. Illegal possession or use of narcotics or controlled substances. g. Unauthorized leave of absence.
h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Discourteous treatment of the public or other employees. j. Illegal political activity in violation of the California Government Code. k. Abuse or misuse, or appropriation for personal use, of City property.

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l. Violation of any of the provisions of the Personnel Rules and Regulations, Departmental Rules and Regulations, and/or this Memorandum of Understanding. m. Any willful act of conduct undertaken in bad faith, either during or outside of duty hours, which is of such a nature that it causes discredit to the agency, the employee's department or division.
n. Outside employment not specifically authorized by the appointing authority or its designee.

17.2 Types of Disciplinary Action
Types of disciplinary action, which may be taken, in order of severity, are: dismissal, disciplinary demotion, disciplinary suspension, written reprimand, or an appropriate combination of these disciplinary actions. The aforementioned types of disciplinary action are defined as follows:
a. Dismissal
The discharge of an employee from City service.
b. Disciplinary Demotion
A permanent change in classification of an employee to a position of lower responsibility and pay for unsatisfactory performance or disciplinary reasons. c. Disciplinary Suspension
The temporary suspension of an employee from City service, without compensation, for a period not to exceed thirty (30) calendar days in any one (1) calendar year.
d. Written Reprimand
Notification in writing to the employee that there is a cause for dissatisfaction with the employee's services and that further disciplinary measures may be taken if the cause is not corrected.

17.3 Persons by Whom Disciplinary Action May Be Taken
The City Manager, Department Head, or designee may take disciplinary action against an employee under their control for one or more of the causes for discipline specified in Section 17.1. The employee shall be informed of the disciplinary action to be taken within two weeks after the completion of the City's investigation.

17.4 Disciplinary Action Procedure
a. Pre-Disciplinary Action Procedure

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Disciplinary action, which would result in loss of employee salary, shall conform to the following procedural safeguards prior to imposition of disciplinary action:

1. Notice
Written notice of the proposed disciplinary action shall be served upon the employee.

2. Reasons
Reasons shall be cited for the proposed disciplinary action.

3. Charge and Material
A copy of the charges and access to material upon which the action is based shall be included.

4. Employee Response
The employee shall have the right to respond, either orally or in writing, to the authority initially imposing the disciplinary action.

The above stated notice and charges shall be served upon the employee either personally or by certified mail. The charges shall be detailed so as to give the employee fair opportunity to review and respond to the charges.

Upon receipt of the notice and charges, the employee shall have not less than three (3) working days within which to respond in writing or to request an informal non-evidentiary hearing before the person by whom disciplinary action was taken and/or the Department Head. The purpose of this hearing is to allow the employee's representative and/or the employee to make any representations believed relevant to the case. The hearing shall be held as expeditiously as possible but not more than three (3) working days after the request for hearing unless there is an agreement to extend by both parties. The hearing shall be subject to taping or transcription.

An employee may be relieved from duty and placed on paid leave pending the final decision of the proposed action if such leave is necessary to protect the public service or public interest.
b. Final Disciplinary Action Procedure
Disciplinary action causing loss of employee salary and any other form of discipline shall be imposed in accordance with the following procedure: A written notice shall be served on the employee and filed with the City Manager with a copy to Human Resources as soon as reasonably possible, but not later than five (5) working days after the date discipline is imposed. The notice shall be served on the employee either personally or by certified mail and shall include:

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1. A statement of the nature of the disciplinary action;

2. The effective date of the action;

3. A statement of the cause for the discipline and citing the rule(s) violated; and

4. A copy of Section 17.5 of this Article.

5. Said notice may include conditions or future actions to be taken.

17.5 Right of Appeal - Procedure
An employee shall have the right of appeal from any disciplinary action taken under this article. Such appeal must be filed in writing with the Department Head with a copy to Human Resources within ten (10) calendar days after receipt of written notice of such disciplinary action. The appeal must state specifically the issue(s) in controversy and the facts upon which the issue(s) is based. The Department Head will respond within ten (10) days of receipt of the appeal. If the employee is not satisfied with the Department Head's review, the employee may appeal to the City Manager.

Such appeal must be filed in writing with the City Manager with a copy to Human Resources and the Department Head within ten (10) calendar days of receipt of the Department Head's response. In the case of suspensions of three (3) days or more, the City Manager may conduct, upon the employee's request, an independent review of the discipline imposed for the purpose of affirming, modifying or reversing the discipline. The City Manager will respond within ten (10) calendar days of receipt of the appeal.

If the employee is not satisfied with the City Manager's review, the employee may appeal the matter to the City Council. The appeal shall be made in writing to Human Resources within fourteen (14) calendar days of receipt of the City Manager's decision. The City Council shall assign the appeal to an impartial fact finder who shall be selected by mutual agreement between the City Manager and the Union.

The fees and expenses of the fact finder and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation.

The fact finder shall conduct a hearing and identify the facts in the case. The fact finder shall present a summary of the facts to the Union and the City Council. The City Council shall review the summary and make a final decision on the matter. The City Council shall take such action within thirty (30) days of receipt of the fact finder’s presentation. The decision of the City Council shall be binding upon both parties.

17.6 Waivers/Withdrawal of Appeal
Notwithstanding any provisions in this article, any time limit or stage of procedure herein provided may be waived upon consent of both parties involved.

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At any time after an appeal has been filed, an employee shall have the right to withdraw their appeal by written notification to the City Manager.

Failure of the employee to file an appeal within the period specified constitutes a waiver of appeal.

Failure of the employee to appear at the hearing shall be deemed a withdrawal of their appeal and the action of the Department Head shall be final.

17.7 Effect of Certain Disciplinary Action Interpretive a. Suspension
An employee suspended from the City service shall forfeit all rights, privileges, and salary, except that the employee shall not forfeit their health plan, pension, longterm disability, nor life insurance while on suspension.

Suspension without pay shall not exceed thirty (30) calendar days, nor shall any employee be penalized by suspension for disciplinary reasons for more than thirty (30) calendar days in any fiscal year.
b. Discharge
An employee who has been discharged from City service shall be paid salary accumulated to the effective date of termination, and any accrued compensatory time or vacation leave.
c. Demotion
An employee who has been demoted shall be reduced from a position in one classification to a position in a lower classification having lesser duties and responsibilities and a lower maximum rate of pay for disciplinary purposes. d. Official Reprimand
An employee who has been issued an official reprimand shall be given a written notice, and a copy shall be placed in the employee's personnel file. The employee shall sign an acknowledgment that they have received a copy of the written notice.

Section 18 GRIEVANCE PROCEDURE

18.1 Definition
A grievance is a complaint or problem, which arises from the application and/or interpretation of this Memorandum of Understanding.

18.2 Procedural Steps
Any grievance arising from the application and/or interpretation of this Memorandum of

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Understanding, wherever possible, should be considered within the Department.

Step 1
When a grievance, as defined in this Section, arises, it shall be submitted in writing to the immediate supervisor by the employee or the employee’s representative or steward within ten (10) working days of when the employee had knowledge or should have had knowledge of the action or incident causing the grievance. Should the employee fail to submit their grievance to the attention of the supervisor within ten (10) working days of when the employee had knowledge or should have had knowledge of the action or incident causing their grievance, it shall be considered as a waiver by the employee of their right to submit the grievance.

The written statement of the grievance shall contain the following information:
a. A description of the specific grounds of the grievance, including but not limited to facts necessary to support the grievance, name(s), date(s) and place(s) necessary for a complete understanding of the grievance;
b. A listing of the provisions of the Memorandum of Understanding which are alleged to have been violated; and
c. A listing of the specific relief, remedy or action requested of the City to resolve the grievance.

The supervisor must take action on the grievance and notify the grievant or the grievant’ s representative of their action or decision in writing within ten (10) working days from the date the grievance was submitted.

If the matter is one, which can be adjusted by the immediate supervisor to the satisfaction of the employee, this shall terminate the grievance.

Step 2
If the matter cannot be adjusted or settled by the immediate supervisor within ten (10) working days from the date of the Step 1 submission, or if the grievant is still dissatisfied after the decision of the immediate supervisor, they may submit their grievance in writing to the Department Head. The grievance must be submitted to the Department Head within ten (10) working days from the date of the supervisor's decision or the grievance shall be terminated.

The Step 2 grievance shall contain a concise statement concerning the basis for the appeal and shall include a copy of the original grievance.

The Department Head shall confer with the grievant, the supervisor and such other persons as may be necessary to gather all the facts and to find a solution. The Department Head must take action and notify the grievant of their action or decision in writing within ten (10) working days from the date the grievance was submitted.

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Step 3
If the grievant is not satisfied after the Step 2 Department Head's decision, within ten (10) working days of the date of the Department Head's decision the grievant may file an appeal in writing with the City Manager. Failure of the grievant to file such an appeal within the ten (10) day period shall terminate the grievance.

The appeal to the City Manager shall contain a concise statement concerning the basis for the appeal and shall include a copy of the original grievance and the appeals.

Upon receiving the written request, within ten (10) working days the City Manager shall discuss the grievance with the grievant, their representative, if any, and all principals involved for the purpose of resolving the grievance. The City Manager must take action and notify the grievant of their action or decision within ten (10) working days from the date of the Step 3 meeting.

Step 4
In the event the parties hereto are unable to reach a mutually satisfactory accord on any grievance which arises during the term of this agreement, such grievance shall be submitted to an impartial arbitrator.

A request for arbitration shall be submitted in writing to Human Resources within ten (10) working days of the City Manager's decision.

The impartial arbitrator shall be designated by mutual agreement between the Union and the City Manager.

The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation.

Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto.

Proposals to add or change this agreement shall not be arbitrable and no proposal to modify, amend or terminate this agreement, nor any matter or subject arising out of or in connection with such proposal, may be referred for arbitration under this section. No arbitrator shall have the power to amend or modify this agreement or to establish any new terms or conditions of employment.

18.3 Other Provisions
All grievances involving or concerning the payment of compensation shall be initially filed in writing with Human Resources. The written grievance shall contain the same information as required at Step 1. In the case of grievances involving compensation, only grievances which allege that employees are not being compensated in accordance with the provisions of this agreement shall be considered as grievances. Such grievance shall be filed within ten (10) working days of when the employee had knowledge or should have

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had knowledge of the incident causing their grievance. Failure to file the grievance within this ten (10) working day period shall be considered as a waiver by the employee of their right to submit the grievance.

If an employee receives an overpayment by the City, the City may obtain reimbursement by payroll deduction(s). Typically, such repayment shall occur over a schedule equal to the amount of time over which the overpayment occurred. However, at the employee’s request, the City may extend such repayment over a longer period of time, to be determined by the mutual agreement of the employee and the Administrative Services Director.

Section 19 SAFETY

19.1 Safety Committee Appointment
The Union may appoint one (1) employee representative to the Department Safety Committee.

19.2 Injury and Illness Prevention Program
The City will provide a comprehensive Injury and Illness Prevention Program (IIPP) which is designed to prevent workplace accidents, injuries and illnesses.

Section 20 ALCOHOL AND DRUG TESTING REQUIREMENTS FOR

COMMERCIAL MOTOR VEHICLE DRIVERS
The City and the Union have agreed on implementation of “Alcohol and Drug Testing Requirements for Commercial Motor Vehicle Drivers” as provided in the City Policy and Procedures as of September 5, 1996.

The City shall provide written notice to the Union of the names of those individuals who are subject to the Alcohol and Drug Testing Policy and will update such notice if changes in assignment add and/or remove employees from coverage under this Policy.

For purposes of the random selection requirements of this Policy, it is the City's intention to test the number of employees necessary to meet the minimum requirements of the law.

Section 21 SEPARABILITY AND SAVINGS
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.

Section 22 REOPENER
Changes in state or federal law that impact the terms of this Agreement shall be grounds for re-opening the specific section(s) impacted.

At any time during the term of this Memorandum of Understanding, the Union may reopen

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negotiations on the subject of disciplinary appeals.

Section 23 TERM AND EFFECT
This Memorandum of Understanding shall remain in full force and effect from July 1, 2022 to June 30, 2026.

Dated: ____________________________
City of San Ramon Service Employees International Union, Local 1021 ____________________________
Joe Gorton, City Manager Saad Muhammad, SEIU Local 1021 Field Representative

Attest:

Kevin Wenzel, Chapter President
____________________________ ____________________________________ Christina Franco, City Clerk Peter Masiak, SEIU Local 1021 East Bay Director

_____________________________________
David Canham, SEIU Local 1021
Executive Director of Field and Programs

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CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Kelly Sessions, Administrative Services Director
SUBJECT: RESOLUTION NO. 2022-111 - Authorizing Execution of the Salary and Benefit Resolution Covering the City of San Ramon Unrepresented Miscellaneous Employees

RECOMMENDED ACTION
Staff recommends approval of the Resolution authorizing execution of the Salary and Benefit Resolution for the City of San Ramon Unrepresented Employees effective July 1, 2022.

BACKGROUND/DISCUSSION
On September 11, 2018, Resolution No. 2018-102, approved a Salary and Benefit Resolution covering the City of San Ramon Unrepresented Miscellaneous Employees for a term of July 1, 2018 through June 30, 2021. On July 27, 2021, Resolution No. 2021-096, approved Amendment No. 1 and extended the Salary and Benefit Resolution by one (1) year. On August 24, 2021, Resolution No. 2021-105 approved Amendment No. 2 to the Salary and Benefit Resolution; on September 28, 2021, Resolution No. 2021-111 approved Amendment No. 3 to the Salary and Benefit Resolution; and on November 9, 2021, Resolution 2021-128 approved Amendment No. 4 to the Salary and Benefit Resolution.

The Salary and Benefit Resolution specifies terms of compensation, benefits, work hours, and other employment conditions affecting unrepresented employees. Due to the expiration of the current Resolution, a new resolution has been established. The Resolution, which identifies range and salary increases for the period of July 1, 2022 through June 30, 2025, is in effect until amended by City Council.

Effective July 1, 2022, the new agreement will adjust most unrepresented classification ranges to market based on a total compensation survey of the City’s comparator agencies; the minimum adjustment will be 1% (one percent) and the maximum adjustment will be 3.5% (three and onehalf percent), with the exception of the salary range adjustments for Police Captain, Police Lieutenant, and Deputy City Manager (the salary range for Police Lieutenant will not be adjusted, and the salary ranges for Police Captain and Deputy City Manager will be adjusted to market only). Previously, the salary surveys the City conducted compared the City’s salaries based on a 37.5-hour workweek with the salaries of comparator agencies operating on 40-hour workweeks. Moving forward and beginning with the salary adjustment effective July 1, 2022, the

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City will conduct surveys to include an adjustment to salaries for comparator agencies to account for the difference in standard work hours and reflect the salary for a 37.5-hour workweek. This adjustment will ensure that salary surveys for the City’s job classifications demonstrate a true comparison, rather than an inflated one.

Effective July 1, 2023 and July 1, 2025, salary ranges (top and bottom) for most classifications will be adjusted based on changes in the Consumer Price Index (CPI) from April 2022 through April 2023 and April 2024 through April 2025, respectively, using the San Francisco-OaklandSan Jose region (Urban Wage Earners and Clerical Workers) as published in the Bureau of Labor Statistics; for both years, the maximum adjustment shall be no greater than 3.5% (three and onehalf percent). Effective July 1, 2024, ranges will be adjusted, as needed, based on the results of a total compensation salary survey.

The new agreement also includes an additional discretionary holiday in recognition of Juneteenth, effective January 1, 2023. Further, the new MOU clarifies the definition of a workweek for employees working a 9/75 schedule, as defined by the Fair Labor Standards Act (FLSA). The MOU also includes:
 Updated rates for the City’s “employer minimum share” per employee per month toward the health plan to 2022 levels in accordance with CalPERS  Increased opt-out rates for healthcare benefits effective January 1, 2023  Increased annual cap for dental benefits effective January 1, 2023 Finally, the new Resolution incorporates the language listed in previous Amendments No. 2, No. 3 and No. 4 of the Unrepresented Employees Salary and Benefits Resolution.

This new agreement continues to strike a delicate balance of continuing to offer a competitive compensation package while securing structural changes to the City’s compensation package for years to come.

FISCAL ANALYSIS
There is no additional budgetary impact as all items covered in the Resolution are included in the FY 2023/24 operating budget.

STEPS FOLLOWING APPROVAL
This action will ratify the agreement and execute the Unrepresented Salary and Benefits Resolution. The executed Resolution will be distributed to affected parties and Human Resources staff will work with Payroll staff to implement the above changes. The Resolution will also be posted on the City’s Intranet and on the City’s web page for access by others.

ATTACHMENT
A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022

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RESOLUTION NO. 2022-111

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

AUTHORIZING EXECUTION OF THE SALARY AND BENEFIT RESOLUTION

COVERING THE CITY OF SAN RAMON UNREPRESENTED MISCELLANEOUS

EMPLOYEES
WHEREAS, a Salary and Benefits Resolution covering the City of San Ramon Unrepresented Miscellaneous Employees is in effect beginning July 1, 2022; and WHEREAS, effective July 1, 2022, the City of San Ramon has determined the terms and conditions of the Salary and Benefits Resolution, regarding compensation, benefits, work hours, and other terms and conditions of employment for Unrepresented Miscellaneous Employees; and WHEREAS, this new Salary and Benefit Resolution shall remain in full force and effect beginning July 1, 2022, until amended or modified by City Council.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the execution of the Salary and Benefit Resolution covering the City of San Ramon Unrepresented Miscellaneous Employees.

PASSED, APPROVED AND ADOPTED at the meeting of July 12, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk

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i

CITY OF SAN RAMON

UNREPRESENTED MISCELLANEOUS

EMPLOYEES

SALARY AND BENEFITS RESOLUTION
Effective July 1, 2022

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Table of Contents
Section 1 RECOGNITION ..................................................................................................... 2

1.1 Unrepresented Recognition.................................................................................. 2

1.2 City Recognition ................................................................................................... 2 Section 2 NO DISCRIMINATION ........................................................................................ 2 Section 3 CITY RIGHTS........................................................................................................ 3 Section 4 PROBATIONARY PERIOD................................................................................. 3

4.1 Probationary Period.............................................................................................. 3

4.2 Employee Performance Report ............................................................................ 4

4.3 Dismissal of Newly Hired Employees ................................................................... 4

4.4 Demotion of Promoted Employees....................................................................... 4 Section 5 COMPENSATION ................................................................................................. 4

5.1 Merit System......................................................................................................... 4

5.2 Salary and Wage Plan.......................................................................................... 4

5.3 Salary Ranges...................................................................................................... 5

5.4 Merit-Based Salary Adjustments .......................................................................... 6

5.5 Salary Following Promotion.................................................................................. 6

5.6 Salary for Work Performed in a Higher Classification – Temporary Upgrade and Special Assignment Pay .............................................................................................. 7

5.7 POST Pay............................................................................................................. 8

5.8 City Engineer and District Engineer Pay............................................................... 8

5.9 Professional Engineering License Pay ................................................................. 8

5.10 Management Incentive Pay ............................................................................ 8 Section 6 HOURS OF WORK AND OVERTIME COMPENSATION............................. 8

6.1 Hours Worked....................................................................................................... 8

6.2 Work Week........................................................................................................... 9

6.3 Overtime Policy .................................................................................................... 9

6.4 Overtime Compensation and Computation Policy ................................................ 9

6.5 Overtime - Conditions of Civil Disaster or Local Peril ........................................... 9

6.6 Pay Periods .......................................................................................................... 9

6.7 Compressed Work Week.................................................................................... 10 Section 7 HOLIDAYS ........................................................................................................... 10 Section 8 VACATION........................................................................................................... 10

8.1 Eligibility ............................................................................................................. 10

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8.2 Vacation Accrual................................................................................................. 10 Section 9 SICK LEAVE........................................................................................................ 11 Section 10 OTHER LEAVES OF ABSENCE....................................................................... 11 Section 11 LAYOFFS............................................................................................................. 12

11.1City Council Action ............................................................................................. 12

11.2Order of Layoffs.................................................................................................. 12 Section 12 EMPLOYEE BENEFITS..................................................................................... 12

12.1Retirement Plan.................................................................................................. 12

12.2Disability Insurance ............................................................................................ 14

12.3Health/Life Insurance Program........................................................................... 15

12.4Opt-Out of Medical and/or Dental Plan............................................................... 16

12.5Opt-Out Rates .................................................................................................... 16

12.6Dental Care ........................................................................................................ 16

12.7Vision Plan.......................................................................................................... 16

12.8Life Insurance..................................................................................................... 16

12.9COBRA - Continuation of Health Coverage........................................................ 17

12.10 Deferred Compensation................................................................................ 17

12.11 Flexible Spending Program - Section 125..................................................... 17

12.12 Mileage Reimbursement/Allowance.............................................................. 17

12.13 Adoption Benefit............................................................................................ 17

12.14 Retiree Medical............................................................................................. 17 Section 13 DISCIPLINARY AND NON DISCIPLINARY PROCEEDINGS................... 19 Section 14 SAFETY................................................................................................................. 19

14.1Safety Committee Appointment.......................................................................... 19

14.2Injury and Illness Prevention Program................................................................ 19 Section 15 SEPARABILITY AND SAVINGS ...................................................................... 19 Section 16 TERM AND EFFECT.......................................................................................... 20

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Regular Full-Time Employee
Regular Full-Time Employee shall mean a person employed by the City in a full-time capacity, who has successfully completed a probationary period, and has been retained according to the provisions of the Personnel Rules and Regulations.

Regular Part-Time Employee
Regular Part-Time Employee shall mean a person employed in a regularly budgeted class of position to which a regular employee may be appointed and whose normal work schedule is less than the standard hours of work, but at least 20 hours per workweek.

Newly Hired Employee
Newly Hired Employee shall mean a person who has not completed a probationary period in any position within the organization or a person who has previously completed a probationary period but has had more than a three month break in service from the City.

Probationary Employee
Probationary Employee shall mean an employee working a test period during which they are required to demonstrate their fitness to perform the duties of the class of position to which they are appointed by actual performance of those duties.

Immediate Family of an Employee shall mean the following:
(a) Sick Leave Usage shall include spouse, or registered domestic partner, and the following relatives: children of either spouse, parent of either spouse or relative that the employee has primary care giver responsibilities for.
(b) Bereavement Leave shall include spouse, or registered domestic partner, and the following relatives of their spouse: children of either spouse, stepchildren, parent of either spouse, sibling of either spouse, half-sibling of either spouse, either grandparent and grandchildren. (c) Employment shall mean spouse, spousal equivalent, registered domestic partner, parents, children, siblings, grandparents or other dependents living in the home, as well as the family of the spouse or spousal equivalent.
(d) With respect to use of FMLA leave, immediate family shall include spouse, registered domestic partner, child or parent.

Appointing Authority
Appointing Authority shall mean the City Manager or their designee.

5.9.a
Packet Pg. 149 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 2 SALARY AND BENEFIT RESOLUTION FOR

CITY OF SAN RAMON

UNREPRESENTED MISCELLANEOUS EMPLOYEES
This Resolution is entered into pursuant to the provisions of Section 3500, et. seq., of the Government Code of the State of California. The Resolution shall be presented to the City Council and shall remain in full force and effect from July 1, 2022 and until this Resolution is thereafter amended or rescinded by the City Council.

Section 1 RECOGNITION

1.1 Unrepresented Recognition
The City of San Ramon hereby identifies Unrepresented Miscellaneous Employees as the following class specifications: Director, Deputy City Manager, Division Manager, Program Manager, Senior Administrative Analyst, Administrative Analyst, Executive Assistant, Administrative Coordinator, Information Technology Network Analyst, Information Technology Specialist, Information Technology Technician, Senior Civil Engineer, Associate Engineer, Assistant Engineer, Engineering Specialist, Supervising Inspector, Senior Inspector, Inspector, Office Specialist, Office Technician I/II, Senior Planner, Associate Planner, Assistant Planner, Planning Specialist, Plans Examiner, Maintenance Supervisor, Recreation Supervisor, Recreation Coordinator, Recreation Technician, City Clerk, Deputy City Clerk, Assistant City Attorney, Deputy City Attorney , Paralegal, Accountant, Police Captain, Police Lieutenant, Police Records Supervisor, Police Services Technician I/II and any other classification of employment which may hereafter be assigned by the City Manager in accordance with the provisions of the City of San Ramon Personnel Rules. Excluded employees includes: Temporary employees, as well as all employees represented by SEIU Local 1021 and San Ramon Police Officer’s Association.

1.2 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of San Ramon, hereinafter referred to as the "City" in employer-employee relations.

Section 2 NO DISCRIMINATION
Discrimination or harassment based on an individual’s protected classification is prohibited. “Protected Classifications” include, age, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), religion, color, disability, genetic characteristics or information, race, national origin, ancestry, citizenship status, marital status, military or veteran status, medical condition, or sexual orientation (including homosexuality, bisexuality, or heterosexuality) or any other protected classification as defined by law.

5.9.a
Packet Pg. 150 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 3 Section 3 CITY RIGHTS
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services.

The following rights shall remain solely a function of management except as may be limited by this agreement and/or by applicable state and federal law:

1. Determine and modify the organization of City government and its constituent work units.

2. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.

3. Determine the methods, means, and the number and kinds of personnel by which services are to be provided.

4. Determine whether goods or services shall be made or provided by the City, or shall be purchased or contracted for.

5. Direct employees, including scheduling and assigning work, work hours, and overtime.

6. Establish employee performance standards and to require compliance therewith.

7. Discharge, suspend, demote, reduce in pay, reprimand, and withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law.

8. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.

9. Implement rules, regulations, and directives consistent with law and the specific provisions of this Resolution.

10. Take all necessary actions to protect the public and carry out its mission in emergencies.

Section 4 PROBATIONARY PERIOD

4.1 Probationary Period
All new appointments and reappointments shall be tentative and subject to a probationary period dated from the time of appointment to a regular full-time or regular part-time position. The probationary period for new appointments and reappointments shall be for a twelve (12) month period of actual service. The City Manager, upon written request of the Department Head, may grant an extension of the probationary period up to a maximum of

5.9.a
Packet Pg. 151 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 4 six (6) months beyond the end of such probationary period, for a maximum total probation of eighteen (18) months. The probationary period for promotional appointments shall be for a six (6) month period of actual service. The City Manager, upon written request of the Department head may grant an extension of the probationary period up to a maximum of six (6) months beyond the end of such probationary period, for a maximum total probation of twelve (12) months.

4.2 Employee Performance Report
Each probationary employee shall have their performance evaluated at the end of the first twelve (12) months of service or at more frequent intervals when deemed necessary by the appointing authority. Such evaluations shall be reported in writing and in a form approved by the City Manager.

4.3 Dismissal of Newly Hired Employees
During the probationary period, a newly hired employee may be suspended, demoted or dismissed at any time by the appointing authority without the right of appeal. Notification of dismissal in writing shall be served on the newly hired employee and a copy filed with Human Resources.

4.4 Demotion of Promoted Employees
An employee who is promoted to a new position in a higher classification may be demoted to their previous position at any time during the probationary period without recourse to right of appeal. Upon such demotion, the employee shall be returned to the position which they held prior to the promotion and shall be placed at the salary level held prior to the promotion.

Section 5 COMPENSATION

5.1 Merit System
In order to properly compensate an employee, adjustments in salary shall be based on a merit system. Adjustments shall not be automatic, but shall depend upon performance evaluation. All merit adjustments are recommended by the Department Head and approved by the City Manager.

5.2 Salary and Wage Plan
The City Manager shall administer the Compensation Plan for employees. 1 All initial employment shall be at a salary level which is within the salary range for the classification for which the employee is hired. 2 New employees who are hired shall be placed on the salary scale. All initial employment shall be at a salary level which is within the salary range for the

5.9.a
Packet Pg. 152 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 5 classification for which the employee is hired. No employee shall be hired at or promoted to a level below the salary range minimum.
3 Effective dates for the purpose of performance review and merit adjustments will be on the anniversary of the date of hire or, if applicable, the anniversary date of the most recent promotion.
4 Employees will be evaluated for performance-based merit adjustments thirty (30) days prior to their anniversary date.
5 All pay for performance bonuses will be paid on a one-time non-cumulative basis.

5.3 Salary Ranges
Beginning August 30, 2021, the City agrees to maintain a minimum twenty percent (20%) salary differential between the top of the range of Police Lieutenant and the top of the salary range of Police Sergeant.

Effective July 1, 2022, salary ranges (top and bottom) shall be adjusted to market based on a total compensation survey of the City’s comparator cities; the minimum adjustment will be 1% (one percent) and the maximum adjustment will be 3.5% (three and one-half percent), with the exception of the salary range adjustments for Police Captain, Police Lieutenant, and Deputy City Manager. The salary range for Police Lieutenant will not be adjusted, and the salary ranges for Police Captain and Deputy City Manager will be adjusted to market only. Moving forward and beginning with the salary adjustment effective July 1, 2022, the City will conduct surveys to include an adjustment to salaries for comparator agencies to account for the difference in standard work hours and reflect the salary for a 37.5-hour workweek, with the exception of the surveys for Police Lieutenant and Police Captain, as employees in those classifications have a standard 40- hour workweek.

Effective July 1, 2023, salary ranges (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from April 2022 through April 2023 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. The maximum adjustment shall be no greater than three and one-half percent (3.5%).

Effective July 1, 2024, ranges will be adjusted, as needed, based on the results of a total compensation salary survey.

Effective July 1, 2025, salary ranges (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from April 2024 through April 2025 using the San Francisco-Oakland-San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. The maximum adjustment shall be no greater than three and one-half percent (3.5%).

5.9.a
Packet Pg. 153 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 6 5.4 Merit-Based Salary Adjustments
a. Annual adjustments in salary (based on the anniversary of the employee’s date of hire or if applicable, the anniversary date of the most recent promotion) shall be based upon employee performance as determined by the performance evaluation.

It is the duty of the supervisor and Department Head to give a fair and unbiased evaluation based on job performance of the employee.
b. Employees who receive a “Does Not Meet Standards” (less than 3.00 score) evaluation are ineligible for any adjustment.
c. For the period of July 1, 2020 through June 30, 2022, employees who receive “Meets Standards” or higher evaluation shall receive an increase in pay based on their rating as follows:

Rating Score on
Evaluation Raise
Exemplary 4.50 to 5.00 6% + three (3) performance days
Exceeds Standards 4.00 to 4.49 6%
Meets Standards 3.50 to 3.99 5%

3.00 to 3.49 4%
Does Not Meet Standards Less than 3.00 No raise
d. In no event shall any salary adjustment result in an employee earning salary in excess of the top of the range of their classification. e. A performance day is equal to seven and one-half (7.5) hours of leave. Performance days do not have cash value at separation.

5.5 Salary Following Promotion

1. When an employee is promoted to a position allocated to a classification with a higher salary range, such employee shall be placed in the new salary range 5.0% above the previous salary level.

2. Upon recommendation of the Department Director, the City Manager may approve assignment to any other salary within the higher salary range.

3. Assignment shall not be made outside the salary range.

4. A performance evaluation shall be completed prior to the completion of a six (6) month probationary period in the promoted classification to determine regular status.

5. The employee's annual performance review schedule shall change to the effective

5.9.a
Packet Pg. 154 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 7 date of the promotion.

5.6 Salary for Work Performed in a Higher Classification – Temporary Upgrade and Special Assignment Pay
a. Temporary Upgrade Pay
On occasion an employee may be temporarily required to perform duties of another classification with a higher salary range due to illness, vacation, leave of absence, etc. In such cases, the employee's salary will be adjusted to compensate for the higher level of duties.

In order to receive adjusted compensation for working in a higher classification the employee must be assigned, assume and perform substantially all the duties and responsibilities of the position, and perform them for at least one week (five consecutive working days, without regard to the calendar week).

Adjusted compensation for working in a higher classification shall consist of a flat five percent (5%) increase above the employee's current salary or the lowest salary within the higher salary range, whichever is greater, but not to exceed the maximum of the range established for the higher classification.

Each case will be evaluated on an individual basis and recommendation for compensation for work in a higher classification will be made by the Department Director and approved by the City Manager. Such approval should be made in advance whenever possible.

Temporary Upgrade Pay will be limited to 960 hours a fiscal year for assignments in vacant positions qualifying for temporary upgrade pay. Temporary Upgrade Pay is reportable to the California Public Employee Retirement System (CalPERS), as defined by CCR 571(a)(3) for classic CalPERS members, to the extent allowed by law.
b. Special Assignment Pay
An employee who is temporarily assigned for a minimum of one (1) work week to perform significant additional duties outside the scope of the job specification of the employee’s classification, in addition to the employee’s regular job duties, will receive Special Assignment Pay at a rate of five percent (5%) above the employee’s base salary.

Merit increases in salary that occur, as provided in Section 5, while an employee is assigned Special Assignment or Temporary Upgrade Pay shall be applied to the employee’s base salary in their base classification. When an employee in a Special or Temporary Upgrade assignment is promoted, the salary increase shall be calculated from base salary from the position the employee is promoted from.

5.9.a
Packet Pg. 155 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 8 5.7 POST Pay
Lieutenants, Captains and the Chief will be eligible for the following POST Certification Pay upon proof of application of such certificate:
a. Intermediate POST Certificate = two and one-half percent (2.5%) of base pay paid with regular payroll.
b. Advanced POST Certificate = an additional five percent (5%) of base pay paid with regular payroll, for a total of seven and one-half percent (7.5%) of base pay. c. Management POST Certificate = an additional five percent (5%) of base pay paid with regular payroll, for a total of twelve and one-half percent (12.5%) of base pay.

Continued certificate pay is contingent upon the employee actually receiving the certification within eight (8) months of the date the application was sent to POST. If the certificate is not issued by POST and provided to Human Resources, then the employee will be required to pay back the certification pay in full to the City.

5.8 City Engineer and District Engineer Pay
Employees in the classification of Department Director and Division Manager, who are designated by the City as either a City Engineer or District Engineer, are eligible for an additional five percent (5%) of base pay.

5.9 Professional Engineering License Pay
Employees in the classification of Associate Engineer, upon attainment of a registered Professional Civil or Traffic Engineer license in the State of California, are eligible for an additional five percent (5%) of base pay.

5.10 Management Incentive Pay
At the discretion of the City Manager, Department Directors and management classified employees may receive management incentive pay at a rate not to exceed two-hundred and fifty dollars ($250.00) per pay period.

Section 6 HOURS OF WORK AND OVERTIME COMPENSATION

6.1 Hours Worked
Work hours will be determined on the basis of operational efficiency. The normal work days and hours for unrepresented miscellaneous employees shall be Monday through Friday, 7.5 hours per day. Management reserves the right to determine work days and hours based on the operational needs of the City.

5.9.a
Packet Pg. 156 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 9 In an effort to align the work period of all sworn classifications, effective August 30, 2021, all unrepresented sworn classifications (i.e. Police Chief, Police Captain, and Police Lieutenant) will transition from a thirty- seven and one- half (37.5) hour work week to a forty (40) hour work week. Captains and Lieutenants, who as a result of this change, have a calculated rate of pay that is above the established range for their classification, will keep their current rate and be ineligible for an increase until the range catches up to their current rate of pay (Y-Rated).

6.2 Work Week
The workweek for employees as defined by the Fair Labor Standards Act is a regular recurring period of 168 hours in the form of seven consecutive 24 hour periods. The workweek is not necessarily the same as the calendar week. The typical workweek for all City of San Ramon unrepresented miscellaneous employees begins at 12:00 a.m. Monday and ends at 11:59 p.m. Sunday, except that the work week for employees on an Alternative Work Schedule may be modified based on individual schedules to accommodate thirtyseven and one-half (37.5) hours in a seven (7) day work period. For employees assigned to the 9/75 work schedule, each employee’s designated FLSA work week (168 hours in length) shall begin exactly three and one-half (3.5) hours after the start of the employee’s seven (7) hour shift on the day of the week that corresponds to the employee’s alternating regular day off. The same day of the week shall be permanently designated as the employee’s alternating regular day off.

6.3 Overtime Policy
It is the policy of the City to avoid the necessity for overtime work. When overtime work is necessary, such overtime shall be authorized in advance by the Department Head or their designated representative, but shall be kept at a minimum.

Overtime work for employees, except as otherwise provided, shall be defined as any time worked beyond 37.5 hours in any work week.

6.4 Overtime Compensation and Computation Policy
Please reference Section 421 of the City’s Personnel Rules & Regulations regarding overtime compensation and computation.

6.5 Overtime - Conditions of Civil Disaster or Local Peril In case of civil disaster, state of extreme emergency or local peril, the procedure for payment of overtime may be suspended temporarily by the City Manager for the period of the emergency. During such period, the City Manager shall determine the compensation procedure. However, such procedure shall not change the rate of overtime compensation.

6.6 Pay Periods

5.9.a
Packet Pg. 157 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 10 Payday shall be every other Friday (bi-weekly) for the two (2) week period ending two (2) Sundays prior to the payday.

6.7 Compressed Work Week
The regular work hours for unrepresented miscellaneous employees on a compressed work week schedule shall be nine (9) shifts of eight and one third (8.33) hours in a fourteen (14) day work period. Overtime shall be computed after the regular weekly hours have been exceeded.

Section 7 HOLIDAYS
The City recognizes ten and a half (10.5) federal holidays and two (2) discretionary holidays for pay purposes. Effective January 1, 2023, the City will recognize one (1) additional discretionary holiday in recognition of Juneteenth.

Please reference Sections 424 through 426 of the City’s Personnel Rules & Regulations regarding holidays, employees eligible for holiday pay and employees required to work on a holiday.

Section 8 VACATION

8.1 Eligibility
Regular full-time and regular part-time employees having completed six (6) months of continuous service shall be eligible for paid vacation at their current rate of pay.

Please reference Sections 901 through 906 of the City’s Personnel Rules & Regulations regarding vacation eligibility, vacation accrual, use of vacation, maximum accumulation, vacation at termination and holidays falling during vacation.

8.2 Vacation Accrual

Vacation accruals for miscellaneous (non-safety) employees are calculated based on a seven and one-half (7.5) hour working day. As a result of transitioning to a forty (40) hour work week, for the purposes of accruing/earning leave, all leave for unrepresented sworn classifications (i.e. Police Chief, Police Captain, and Police Lieutenant) will be calculated based on an eight (8) hour day.

Each regular full-time and probationary employee shall accrue vacation at the following rate for continuous service performed as follows:

1. 1st through 4th year of service:

Twelve (12) working days of vacation during each complete year of service. (1 [7.5 hours] day per month)

5.9.a
Packet Pg. 158 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 11 2. Beginning the 5th year through 9th year of service:

Fifteen (15) working days of vacation during each complete year of service. (1.25 days [9.375 hours] per month)

3. Beginning the 10th through 14th year of service:

Twenty (20) working days of vacation during each complete year of service. (1.66 days [12.5 hours] per month)

4. Beginning the 15th year through the 19th year of services:

Twenty-two (22) working days of vacation during each complete year of service. (1.83 days [13.75 hours] per month)

5. Beginning the 20th year of service:

Twenty-five (25) working days of vacation during each complete year of service. (2.083 days [15.625 hours] per month)
Regular part-time and probationary part-time employees shall accrue vacation in an amount proportionate to the ratio of scheduled hours of work per week to the standard work week but in no case shall the number of days of vacation accrued per year exceed those days allowed by the appropriate subsection above. Employees must be in a paid status to accrue vacation leave. Temporary employees are not eligible to accrue vacation leave. Vacation accrual shall begin with the date of employment and shall accrue bi-weekly for each employee based on their date of employment.

Section 9 SICK LEAVE
Paid sick leave is an employee benefit of time off granted to an employee in cases of personal illness or accident, medical or dental treatment.

Please reference Sections 802 through 815 of the City’s Personnel Rules & Regulations regarding sick leave eligibility, sick leave accrual, accruals during illness or injury, sick leave accumulation, sick leave conversion, abuse of sick leave, use of sick leave, holidays during sick leave, depletion of sick leave, leave chargeable to sick leave, workers’ compensation disability payments, on the job injury, long term disability and off the job injury.

Effective August 30, 2021, in an effort to align the benefits of all sworn classifications, unrepresented sworn classifications will not be eligible to cash out a portion of their unused sick leave at retirement or termination of employment. Upon retirement, 100% of their unused sick leave will be automatically applied to Ca1PERS service credit.

Section 10 OTHER LEAVES OF ABSENCE

5.9.a
Packet Pg. 159 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 12 Please reference Sections 1001 through 1012 of the City’s Personnel Rules & Regulations regarding authorized leave of absence without pay, Death in Immediate Family, Military Leave of Absence, Military Reserve Training, Pregnancy Disability Leave of Absence, Subpoena, Jury Duty, Unauthorized Leave of Absence, FMLA, School Visit Leave, Voting Leave and Domestic Violence Leave.

Section 11 LAYOFFS

11.1 City Council Action
The City Council shall determine which position(s) shall be eliminated within the organization. Human Resources shall determine and notify the employee(s) to be laid off as a result of the eliminated position(s).

11.2 Order of Layoffs
To determine which employee is to be laid off as a result of an eliminated position, Human Resources shall use the procedure outlined in the City’s Personnel Rules & Regulations.

Section 12 EMPLOYEE BENEFITS

12.1 Retirement Plan
a. Tier I: Employees hired before July 1, 2012 shall participate in the California Public Employees Retirement System (CalPERS), 2.7% at age 55, calculated based on single highest year compensation. The plan includes the 4th Level 1959 Survivor’s Benefit.
• Employer-Paid Member Contributions (“EPMC”): Effective July 1, 2006, the City shall pay the full cost of the employee’s eight percent (8%) normal member contribution towards CalPERS and shall report the same percentage (8%) to CalPERS as “special compensation” for purposes of calculating as employee’s “final compensation” in accordance with Government Code Section 20042.
• Cost-Sharing: Employees shall share in the City’s CalPERS costs by contributing eight percent (8%) of the employee’s compensation reportable to CalPERS (i.e. “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code section 20516(f). • In addition, employees shall contribute three percent (3%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of eleven percent (11%).
b. Tier 2: Employees hired on or after July 1, 2012 and who are “classic members” (i.e. those employees not meeting the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) shall

5.9.a
Packet Pg. 160 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 13 participate in the CalPERS two percent (2%) at age 60 formula, with final compensation earnable calculated based on highest three-year average compensation. The Plan includes the 4th Level 1959 Survivor’s Benefit. • Employer-Paid Member Contributions (“EPMC”): Effective September 11, 2012, the City shall pay the full cost of the employee’s seven percent (7%) normal member contribution towards CalPERS and shall report the same percentage (7%) to CalPERS as “special compensation” for purposes of calculating as employee’s “final compensation” in accordance with Government Code Section 20042.
• Cost-Sharing: Employees shall share in the City’s CalPERS costs by contributing seven percent (7%) of the employee’s compensation reportable to CalPERS (i.e. “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code section 20516(f). • In addition, employees shall contribute three percent (3%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of ten percent (10%).
c. PEPRA: Employees hired on or after January 1, 2013 and classified as a “new member” of CalPERS as defined in PEPRA are responsible for paying one-half of the normal cost of the retirement plan and subject to the reportable annual compensation limit per Government Code Section 7522.10. • Employees will pay three percent (3%) toward the employer’s pension contributions, above the rate determined by CalPERS.
d. Tier 1 Sworn: Sworn police employees not represented by the Police Officers Association (“POA”) (Lieutenant, Captain and Chief) and hired before July 1, 2012, shall participate in the CalPERS three percent (3.0%) at age 50 formula, calculated based on single highest year compensation. The plan includes the 4th Level 1959 Survivor’s Benefit.
• Employer-Paid Member Contributions (“EPMC”): Effective November 14, 2006, the City shall pay the full cost of the employee’s nine percent (9%) normal member contribution towards CalPERS and shall report the same percentage (9%) to CalPERS as “special compensation” for purposes of calculating as employee’s “final compensation” in accordance with Government Code Section 20042.
• Cost-Sharing: Employees shall share in the City’s CalPERS costs by contributing nine percent (9%) of the employee’s compensation reportable to CalPERS (i.e. “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code section 20516(f).

5.9.a
Packet Pg. 161 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 14 • In addition, employees shall contribute three percent (3%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of twelve percent (12%).
e. Tier 2 Sworn: Sworn police employees not represented by POA (Lieutenant, Captain and Chief) and who are hired on or after July 1, 2012 and who are “classic members” under PEPRA shall participate in the CalPERS three percent (3.0%) at age 55 formula, calculated based on highest three-year average compensation. The Plan includes the 4th Level 1959 Survivor’s Benefit.
• Employer-Paid Member Contributions (“EPMC”): Effective November 14, 2021, the City shall pay the full cost of the employee’s nine percent (9%) normal member contribution towards CalPERS and shall report the same percentage (9%) to CalPERS as “special compensation” for purposes of calculating as employee’s “final compensation” in accordance with Government Code Section 20042.
• Cost-Sharing: Employees shall share in the City’s CalPERS costs by contributing nine percent (9%) of the employee’s compensation reportable to CalPERS (i.e. “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code section 20516(f). • In addition, employees shall contribute three percent (3%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of twelve percent (12%).
f. PEPRA Sworn: Sworn police employees not represented by POA (Lieutenant, Captain and Chief) and who are hired on or after January 1, 2013 and classified as “new member” of CalPERS as defined by PEPRA are responsible for paying onehalf of the normal cost of the retirement plan and subject to the reportable annual compensation limit her Government Code Section 7522.10. g. Pursuant to IRS Code Section 414 (h) (2), these contribution payments shall be made on a pre-income tax basis.
h. The City does not participate in the Social Security Plan with the exception of the mandatory Medicare (FICA) deduction.

12.2 Disability Insurance
During the term of this agreement, the City shall provide major long-term disability insurance for employees. The cost for this insurance shall be paid for by the City.

Please reference Section 1102 of the City’s Personnel Rules and Regulations regarding disability insurance.

5.9.a
Packet Pg. 162 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 15 12.3 Health/Life Insurance Program
The City of San Ramon shall continue to contract with California Public Employees Retirement to make available to eligible City of San Ramon employees the CalPERS Medical Insurance Program, subject to the provisions below:
a. Core-Flex Benefit Plan – Active Employees
The City of San Ramon will establish and maintain a “core-flex” benefit plan. The “core” shall consist of the CalPERS Medical Plan (Bay Area Rates) and the existing dental plan.
b. Employer Minimum Share
Under CalPERS rules, the City will contribute the following amounts as the “employer minimum share” per employee per month toward the health plan:
2022 $149
Subsequent years As determined by CalPERS
c. City Monthly Contribution Amounts – Active Employees For calendar year 2022, the City will contribute the following monthly amounts, including the CalPERS Medical Plan “employer minimum share” (as noted in Section 12.3(b) contribution towards the election of medical and dental benefits in the plan, or the actual premiums whichever is less.

Coverage Level Dental Plan Medical Plan Total City
Contribution
Employee Only $60.80 $857.06 $917.86
Employee + 1 $105.70 $1,714.12 $1,819.82
Employee + 2 or more $175.60 $2,228.36 $2,403.86
The above monthly amounts are based on the 2022 premium rates for the City’s dental plan and the Kaiser CalPERS premium rates. Employees electing enrollment in a CalPERS medical plan with premium rates greater than the 2022 Kaiser CalPERS premium rates shall contribute the difference between the 2022 Kaiser CalPERS plan for the coverage level elected and the actual premium cost of the medical plan selected for the coverage level elected
d. Future Increase or Decrease in Kaiser CalPERS and City Dental Plan Premium – Active Employee
For the term of this agreement, the City shall increase or decrease its monthly contribution by an amount equal to the increase or decrease in the Kaiser CalPERS premium rates. Employees electing to enroll in a medical plan with premium rates higher than the CalPERS Kaiser Plan shall be required to pay the difference in premium rates between the Kaiser Medical Plan and the plan selected by the employee.

5.9.a
Packet Pg. 163 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 16 12.4 Opt-Out of Medical and/or Dental Plan
Employees electing not to enroll in the “Core-Flex” plan (i.e., who wish to waive enrollment in the medical and/or dental plan) and demonstrate annually to the satisfaction of the City their enrollment in another medical and/or dental plan, shall receive opt-out premiums as set forth in Section 12.5 below. In the event both spouses are employed by the City and are eligible for enrollment in the Core-Flex plan, one employee may elect not to enroll in the medical and dental plan and will receive the employee only opt-out rate if enrolled under the spouses medical and dental coverage.

12.5 Opt-Out Rates
Effective January 1, 2023, the opt-out rates will be as follows, based on the employee’s status and eligibility during the active benefit plan year, in accordance with Internal Revenue Code timelines and qualifying events:

Employee Rate: Medical $300+/- dental $50 =$350/monthly maximum Two-party Rate: Medical $400+/- dental $75 = $475/monthly maximum Family Rate: Medical $500+/- dental $100 = $600/monthly maximum Re-enrollment in the medical and/or dental plan shall only be allowed based on a qualifying event as defined by the IRS Codes or during an open enrollment period. Employees electing to opt-out of the medical or dental plan may do so only during an open enrollment period and must annually provide proof of alternative coverage which meets the ACA definition of minimally essential coverage to maintain their opt-out status.

Unrepresented sworn employees shall receive opt-out rates consistent with represented sworn employees.

12.6 Dental Care
Effective January 1, 2023, the City shall provide employees and eligible dependents with a dental insurance plan with an annual benefit cap of $2,500 and the level of benefits in effect as of January 1, 2012. The City shall pay the full premium cost of the plan for the employee and eligible dependents.

12.7 Vision Plan
The City shall provide employees with a vision insurance plan with the level of benefits in effect as of January 1, 2022. The City shall pay the full premium cost of this plan for the employee and eligible dependents.

12.8 Life Insurance
The City shall provide to each employee an employer-paid life insurance policy with maintenance of the same levels of coverage as currently exist, which is two (2) times

5.9.a
Packet Pg. 164 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 17 employee’s base annual salary. Employees shall be eligible for coverage upon their first day of employment as a regular employee.

12.9 COBRA - Continuation of Health Coverage
As required by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) the City's health insurance plans provide for continuation of group health coverage to employees and eligible family members, upon a qualifying event, at the employee or family member’s expense according to the provisions set forth in COBRA.

12.10 Deferred Compensation
Employees may participate in the deferred compensation plan in accordance with the guidelines of that plan as long as such a plan is offered to any employees through the City.

12.11 Flexible Spending Program - Section 125
The City shall make an annual contribution (first pay period of each calendar year) of $500 to the flexible medical spending account for each employee. Any employee hired after January 1 shall have a prorated amount contributed into the flexible medical spending account in the employee’s name.

12.12 Mileage Reimbursement/Allowance
Whenever an employee is required to use a private vehicle in the conduct of City business, such employee is entitled to reimbursement for actual mileage. Mileage is reimbursed at the rates prescribed by the IRS. Also, in the event of an accident while using a private vehicle on City business, the employee's insurance will be primary; however, the City may cover the employee's deductible cost.

12.13 Adoption Benefit
Adoption benefits will be provided to all employees. An employee who adopts a child will be eligible to receive reimbursement from the City for fifty percent (50%) of the costs related to the adoption up to a maximum reimbursement of five thousand dollars ($5,000).

12.14 Retiree Medical
Employees are eligible for retiree health benefits if they retire from the City on or after age 50, which is the first eligibility date for a CalPERS pension, and have met the minimum vesting period required to receive the benefit.

Please reference the Retiree Health Benefits Administrative Regulations, Resolution No. 2007-189 for details of the retiree medical benefits.
a. For miscellaneous (non-safety) employees hired before July 1, 2006 and for safety employees hired on, or before July 1, 2007, medical, dental and vision premium

5.9.a
Packet Pg. 165 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 18 payments shall be made on behalf of employees + spouse/domestic partner who retire from the City of San Ramon based on the following formula:
0 to 3 years of service No payment
4 to 7 years of service 50% of the cost of premiums
8 to 11 years of service 75% of the cost of premiums
12 years of more of service 100% of the cost of premiums For the safety employees hired on, or before July 1, 2007, the City will grant vesting credit for service to be used in computing the years of service requirements for retiree health coverage to those with prior San Ramon experience under the Sheriff Contract, shall be the same as other represented sworn employees.
b. For miscellaneous (non-safety) employees hired after July 1, 2006 and for safety employees hired after July 1, 2007, but before July 1, 2014, medical, dental and vision premium payments shall be made on behalf of employees only who retire from the City of San Ramon based on the following formula:

Upon completion of 5 years of service 25% of the cost of the premiums After 5 years Additional 5% for each year of
service so that at the end of 20 years
of service 100% of the cost of
premium
c. For employees hired after July 1, 2014, the City will contribute an amount equal to 3% of the employee’s salary to a Retirement Health Savings Plan with MissionSquare Retirement (formerly known as ICMA-RC), while employed with the City to be used to purchase a medical, dental, and/or vision plan. This will replace participation in the defined benefit retiree health plan. For unrepresented sworn employees hired after July 1, 2014, the City contribution shall be the same as other represented sworn employees.
d. Retiree Medical Insurance – Early Retirees
Under CalPERS rules, the City will directly contribute the “employer minimum share” toward the cost of retiree medical coverage through CalPERS and make such payment on behalf of the retiree directly to CalPERS each month. Additional City contribution will be made to eligible retirees each month based on the applicable schedule provided in Section 12.14(a) and 12.14(b).
e. Medicare Eligible Retirees
CalPERS rules provide for the continued enrollment in the CalPERS medical insurance plan when a retiree reaches Medicare eligibility and requires the City to continue to pay the “employer minimum share” payment for the retiree who continues enrollment in a CalPERS Medical plan. Upon reaching Medicare eligibility, CalPERS rules require the retiree to enroll in a CalPERS

5.9.a
Packet Pg. 166 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 19 Supplement/Managed Medicare Plan. San Ramon City Council Resolution 2007 – 189 provides that retirees may receive a reimbursement of up to $461.51 (2022 rate) per month adjusted annually by 2% (in some cases an additional $461.51 per month for a spouse) to purchase a Medicare supplemental insurance policy and to pay for dental and vision coverage.

Upon reaching Medicare eligibility, and contingent upon continued enrollment in the CalPERS Medical Insurance program, the City will reimburse the eligible retiree the difference between the amount the retiree is eligible to receive to purchase a Medicare Supplement and other available health benefits, pursuant to the San Ramon City Council Resolution 2007 -189, for the purchase of a Medicare supplement and the “employer minimum share.” For example, if the Medicareeligible retiree receives $461.51 (2022 rate) per month (and meets the remaining eligibility requirements for receiving a City payment), the retiree will receive $461.51 per month less the “employer minimum share” (which will be paid by the City directly to CalPERS on behalf of the retiree) resulting in no net reduction in the payments made by the City of San Ramon, provided the retiree provides evidence of coverage for other benefits such as dental, vision, etc. f. Method of Payment for Coverage
The current system of retiree payment and any City reimbursement to the retiree shall be made through a Health Reimbursement Arrangement (HRA). Eligible retirees shall be required to provide the City of San Ramon with the appropriate authorization form upon retirement from the City and at other times after retirement if required to administer the retiree medical benefit.

Section 13 DISCIPLINARY AND NON DISCIPLINARY PROCEEDINGS Please reference Sections 1301 through 1307 and Sections 1401 through 1404 of the City’s Personnel Rules & Regulations.

Section 14 SAFETY

14.1 Safety Committee Appointment
Employees will be appointed by department to be a representative of the Safety Committee.

14.2 Injury and Illness Prevention Program
The City will provide a comprehensive Injury and Illness Prevention Program (IIPP) which is designed to prevent workplace accidents, injuries and illnesses.

Section 15 SEPARABILITY AND SAVINGS

5.9.a
Packet Pg. 167 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and 20 If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.

Section 16 TERM AND EFFECT
This Resolution is intended to provide authorization for salaries, benefits and other terms and conditions of employment for the period beginning July 1, 2022 and until this Resolution is thereafter amended or rescinded by the City Council.

Dated: __________________, 2022
City of San Ramon

___________________________
Joe Gorton, City Manager
Attest:

Christina Franco, City Clerk

5.9.a
Packet Pg. 168 Attachment: A- Unpresented Misc EEs Salary & Benefits Resolution Effective 7.1.2022 (2022-111 : Authorizing Execution of the Salary and

CITY COUNCIL STAFF REPORT
DATE: July 12, 2022
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Lauren Barr, Division Manager
SUBJECT: Planning Commission Year in Review and Project Updates

RECOMMENDED ACTION
Informational Item- Receive the presentation

BACKGROUND/DISCUSSION
Staff will provide an overview of the projects and activities that came before the Planning Commission for FY 21-22, as well as status updates for a few key projects.

ATTACHMENT
Planning Commission Year in Review and Project Updates

10.2 Packet Pg. 169
Planning Commission
Year in Review 2021-2022 TermProject UpdatesCity Council Meeting July 12, 2022 1 10.2.a
Packet Pg. 170
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission TTLC Townhomes in SRVSP
500 Deerwood Rd. (SB 330 Project)
• 2.47
‐acre lot
• 57 units for
‐sale multi
‐family units (15% affordable)
•
3 or
4 ‐stories
‐ up to 45 feet tall
• Density Bonus – Concession and Waivers• Approved by Planning Commission September 2021 2 10.2.a
Packet Pg. 171
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission SandBox VR
• Land Use Permit to establish a Commercial Recreation
Facility – Indoor Land Use (Sandbox VR).
• Located on the 2nd floor of City Center Bishop Ranch at 6000 Bollinger Canyon Rd, Suite 2401.
• Project was appealed, the appeal was denied. The Land Use Permit was approved by City Council October, 2021.
3 10.2.a
Packet Pg. 172
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission City Village BR 6
4 • 404
‐unit for
‐sale, residential infill development
proposal on 31
‐acres within the North Camino Ramon
Specific Plan area.
• Approved by Planning Commission
‐ November 2021

10.2.a
Packet Pg. 173
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission 2481 Deerwood Dr. Townhomes
Concept Review • Development Plan Proposal for
a 61
‐unit townhome
development on an existing 4.4
‐acre parcel.
• GPA and Rezone to change existing Office use to
a Residential
and Open Space use.
• 10 Three
‐story buildings up to 35 feet tall.
• 15% of the total units available to Low, Very Low and Moderate income households.
• Planning Commission comments provided
5 10.2.a
Packet Pg. 174
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Morgan’s Masonry Townhomes
Concept Review
• 72
‐unit townhome development proposal on an existing

2.97 acre project site locate at 2233 San Ramon Valley Blvd. • Inclusion of Live/Work units along Omega Rd. and
Deerwood Rd.
• Planning Commission comments provided
6 10.2.a
Packet Pg. 175
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Belmont Village-Senior Care
• 177 unit Residential Care for the Elderly Facility•
6 story building, 176,373 gross sf.
• Shared Parking concept with adjacent BR
‐
1 office
buildings
• Approved by Planning Commission
‐November 2021
7 10.2.a
Packet Pg. 176
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Windflower Townhomes (CCSP)
(SB 330 Project)
• 47 units for
‐sale multi
‐family units located at 2701 Hooper Dr.
•
7 Junior Accessory Dwelling Units as BMR
+ In
‐Lieu Fee
•
8 three
‐story buildings up to 38 feet tall
• Approved by Planning Commission December 2021
8 10.2.a
Packet Pg. 177
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission ROEM Townhome Concept
Review
• 60
‐unit townhome development proposal featuring
9 units for Below Market Rate (BMR).
• Located on
a 2.55 acre property with approx. 3,000 sq. ft.
of retail uses at the street corner of 2251 San RamonValley Blvd. • Planning Commission comment provided
9 10.2.a
Packet Pg. 178
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Walking District
• Long
‐Term vision for pedestrian
‐oriented access and
connectivity within the City Core
• Promotes healthy community initiatives, connectivity to other community trails ( Iron Horse Trail, Bicycle Master Plan, etc.), amenities, points of interest and connections to schools and neighborhoods.
• Recommended by Planning Commission and approved by
City Council
‐February 2022
10 10.2.a
Packet Pg. 179
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission CityWalk BR 1A Concept Review
6131 Bollinger Canyon Rd.
• Proposed 406
‐unit multifamily residential development,
located within BR 1A Neighborhood of the CityWalk Master Plan.
•
7 ‐Story building up to 85 feet in height with
a
6 ‐story parking
garage “wrapped” with units along the perimeter.
• Required to provide 15% of units for low and very low income households
• Planning Commission comments provided
11 10.2.a
Packet Pg. 180
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission General Plan Annual Report
• General Plan Implementation Status Report
• Housing Element Annual Progress Report• Climate Action Plan Report 12 10.2.a
Packet Pg. 181
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Hampton Inn RevisionsConcept Review 2231 Omega Rd.
•
4 ‐story hotel with 90 guest rooms and
4 ‐level parking
structure for 164 spaces approved
• Concept Review for feedback on parking reduction
and replacing the parking structure with surface and
subterranean parking
• Planning Commission comment provide
13 10.2.a
Packet Pg. 182
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission General Plan Update/ Ad hoc
• General Plan Implementation Status Report
• Housing Element Annual Progress Report• Climate Action Plan Report 14 10.2.a
Packet Pg. 183
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Chang Residential Development
Extension (Northwest Specific Plan, Bollinger Canyon Rd.) • 43 single
‐family homes,
18 accessory dwelling
units
• LAFCO annexation
extension granted to
December 2022.
• Resource Agency permit
application in progress
• Approved by Planning
Commission
‐ May 2022
15 10.2.a
Packet Pg. 184
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission City Village BR 6 Map Revisions
16 • 404
‐unit for
‐sale, residential infill development
proposal on 31
‐acres within the North Camino
Ramon Specific Plan area.
• Approved by Planning Commission
‐May 2022

10.2.a
Packet Pg. 185
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission El Nido Assisted Living
19251 San Ramon Valley Blvd.
• 84 bed Residential Care Facility on 0.7 acre parcel.
• Integration of the El Nido House into the Project• Approved by Planning Commission ‐ May 2022
17 10.2.a
Packet Pg. 186
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Primrose Day Care Center
• Proposal to establish
a 13,534 sq. ft. Day Care in an
existing retail space at 18080 San Ramon Valley Blvd.
• Approved by Planning Commission
‐ May 2022

10.2.a
Packet Pg. 187
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission 2481 Deerwood Dr. Townhomes
GPA, Rezone- Hearing 1
• General Plan Amendment
to amend the land use
designation from Office toMultiple Family
‐High
Density Residential andOpen Space.
19 • Rezoning the property from
Administrative Office (OA)
to Medium
‐High Density
Residential (RMH) andOpen Space
2 (OS
‐2)

10.2.a
Packet Pg. 188
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Anton Apartments Concept
Review 2233 San Ramon Valley Blvd.
• 162
‐unit, 100% affordable development proposal.
• workforce units that will be made available to individuals and families making 80% of the Area Median Income or less.
• Proposed buildings up to 50 feet tall.
•
4 ‐
5 story buildings and
a
4 ‐story 256 parking space parking garage.
• Planning Commission comments provided
20 10.2.a
Packet Pg. 189
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Projects Under Review —
21 10.2.a
Packet Pg. 190
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission CityWalk BR-1A Apartments
6131 Bollinger Canyon Road
• Proposed 381
‐unit multifamily residential development, located
within BR 1A Neighborhood of the CityWalk Master Plan.
• 85 foot tall
7 story building.
•
6 ‐Story parking structure with 663 parking stalls.
• Incorporated as part of BR
‐1A neighborhood alongside Belmont
Senior Housing and South Parkway Green.
22 10.2.a
Packet Pg. 191
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Iron Horse Village (SB 330)
• Proposed to demolish
2 ‐story office buildings to
develop
a 117
‐unit housing development
• Mix of detached, attached and live/work units.• 9.5 acre lot located at the corner of Alcosta Blvd. and Crow Canyon Rd.
23 10.2.a
Packet Pg. 192
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Marketplace (SB 330)
• Submitted May 27, 2022• Demolish approx. 55,600 sq.
ft. of existing commercial
space
• Construct 40 SF detached
condo units (4 JADUs)
• Renovate an existing 1,869
sq. ft. building for an existing
Eating
& Drinking Est.
(Starbucks)
• Parking/Landscape/Subdivisi
on
• Based upon previously
accepted PreliminaryHousing Developmentapplication (SB 330) • Project applications remain
incomplete
• Public review process by
Planning Commissionpending (subject to SB 330
limitations)
24 10.2.a
Packet Pg. 193
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Approved Under Construction—
25 10.2.a
Packet Pg. 194
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission City Village BR 6
26 10.2.a
Packet Pg. 195
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission EOC Building
2401 Crow Canyon Rd.
27 10.2.a
Packet Pg. 196
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Camp Bow Wow Development
2040 Faria Preserve Pkwy.
28 10.2.a
Packet Pg. 197
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Promenade at The Preserve
(Neighborhood 5)
29 10.2.a
Packet Pg. 198
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission 30 The Preserve (aka Faria Preserve)(Northwest Specific Plan, Purdue Rd.)

10.2.a
Packet Pg. 199
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Approved
Construction to be Determined
31 10.2.a
Packet Pg. 200
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Aspen Wood Senior Apartments
9000 Alcosta Blvd.
32 10.2.a
Packet Pg. 201
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission TTLC Townhomes in SRVSP
500 Deerwood Rd. (SB 330 Project)
33 10.2.a
Packet Pg. 202
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Belmont Village34

10.2.a
Packet Pg. 203
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission Windflower Townhomes in CCSP
2701 Hooper Dr. (SB 330 Project)
35 10.2.a
Packet Pg. 204
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission San Ramon Valley Apartments
2251 San Ramon Valley Blvd.
36 10.2.a
Packet Pg. 205
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission City Center Hotel
37 10.2.a
Packet Pg. 206
Attachment: Planning Commission Year in Review and Project Updates (2022-31 : Planning Commission

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