2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
for higher-class pay, the employee must work a minimum of four (4) hours, meet the minimum qualifications, and perform the duties of the higher class. Employees meeting these requirements will be compensated at the lowest step of the higher classification which provides at least a five percent (5%) differential. The journey level employees will rotate the assignment on a monthly basis and perform the necessary duties. In the event the offer of higher class is declined by the journey level employee assigned for that month, volunteers will be asked according to the rotation list. If there are no volunteers, the journey-level employee assigned for that month will be required to perform the necessary duties.
11.9 Temporary Appointment
When a temporary vacancy is to be filled in a classification for which there is an existing eligibility list, the City shall attempt to make the temporary appointment from that list.
11.10 Step Increases for Provisional Employees
An employee who holds a provisional appointment in a classification shall receive step increases in such classification as if the employee held a permanent appointment thereto.
11.11 End of Year Pay Period
For all salary and benefit purposes, the parties agree that the last day of the last pay period ending in the calendar year shall be the end of the year. For excess leave only, the end of the year shall be treated as the last day of the pay period nearest March 31st.
11.12 Overtime Underpayment
The City will include any payment of overtime, which was inadvertently omitted or miscalculated, in the following pay period's check.
11.13 Equity Studies
A list of comparison jurisdictions is established for the purpose of salary equity studies:
Alameda County, Contra Costa County, Oakland, Palo Alto, Richmond, San Francisco, San Jose, San Leandro, Santa Clara, and Vallejo. Other jurisdictions may be added as required by agreement between the parties. Job classifications which fall below the median for these jurisdictions may be reviewed. It is the policy of the City that within available funding limits, equity adjustments which are in the interests of the service will be considered.
11.14 Step Increase
Step increases shall be effective for payroll purposes only on the first day of the pay period nearest to the actual anniversary date. Personnel records will maintain actual dates and will be used to resolve any discrepancies or questions that may arise.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
11.15 Effective Date of Salary Adjustment
Any general future salary adjustments will be set to become effective on the first day of the pay period.
11.16 Reclassification
In the event the City reclassifies a position based on an employee initiated review from a lower level classification to a higher level classification, an incumbent occupying such position shall be reclassified without competitive examination provided he or she has performed the duties of the new classification for one (1) year and has not received an unsatisfactory evaluation during that period. All other employees shall be required to pass an examination for the higher classification and shall serve the normal probationary period. If a position is reclassified, the employee shall receive salary compensation retroactive to the date the position description questionnaire is submitted and verified as having been received by the department head.
Position description questionnaires will be provided by the City. Employees may request one (1) job audit one (1) year after an initial job audit has been completed on their position. Thereafter one (1) job audit will be permitted every two (2) years.
Reclassification or reallocation of positions shall not be used as a mechanism, the sole purpose of which is to improperly circumvent the provisions of this Agreement, including provisions relating to layoff, transfer, demotion or promotion.
11.17 Premium Pay Differential - Working at Heights of 60 Feet or More Assignments for working at heights of 60 feet or more will be on a voluntary basis.
However, if all qualified employees decline the assignment, the City will be free to contract the work out to an outside service provider.
Employees who work at heights of 60 feet or more, including but not limited to performing maintenance of lights at San Pablo Park, shall receive Height Premium Pay Differential of one and one-half times (1½) times the normal hourly rate for all time performing such work. The Height Premium Pay Differential shall be reported to CalPERS as Height Premium Special Assignment Pay. However, any hours worked on overtime are excluded from CalPERS reported “compensation earnable” in California Government Code Section 20635.
11.18 Commercial Driver’s License Premium
Employees required to possess and maintain a valid California Class A or Class B Commercial Driver’s License as a condition of employment shall receive three percent (3%) differential to hourly rate. This differential shall be reported to CalPERS as Special Class Driver’s License Pay. However, any hours worked on overtime are excluded from CalPERS reported “Compensation earnable” in California Government Code Section20636.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
11.19 Longevity Pay
Effective the first full pay period after Council approval on its Regular Agenda, employees completing nineteen (19) years of service shall receive a three percent (3.0%) differential beginning with the anniversary date of beginning of the twentieth (20th) year of service and shall apply to all hours in a paid status. This Longevity Pay shall be reported to CalPERS as Longevity Pay Incentive Pay.
11.20 State Certification Premium
An employee who possesses and maintains a “General Electrician” state certification from the Department of Industrial Relations shall receive an additional three percent (3%) to their base rate of pay. The City shall retain the right to add the general electrician state certification as a minimum qualification for the Electrician and Lead Electrician classifications. If the certification is made a minimum qualification, active employees, employed in classifications within this unit at the time of implementation, shall be exempt from this qualification for the remainder of their employment.
SECTION 12: HOURS AND DAYS OF WORK
12.1 Hours and Days of Work
Hours and days of work shall be governed by rules established by the City Manager. (At the present time, the hours and days of work are as shown in Exhibit E (Hours and Days of Work)
12.2 Sunday and Graveyard Shifts
Regularly scheduled Sunday shifts and "graveyard" shifts, as defined in Section 14 (Shift Differential), shall be for eight (8) consecutive hours, including up to one-half (½) hour for lunch.
12.3 Shift Assignment
Within a given classification, shift assignments shall first be offered to employees by classification seniority on a voluntary basis. In the event shift assignments are not filled voluntarily, such assignments will be made on the basis of inverse classification seniority.
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City of Berkeley IBEW Local 1245
12.3.1 Types of Shifts:
a. Swing shift means authorized work schedules regularly assigned in which at least four (4) hours worked are between the hours of 5:00 p.m. and 12:00 midnight of each workday.
b. Night shift means authorized work schedules regularly assigned in which at least four (4) hours worked are between the hours of 12:00 midnight and 7:00 a.m. of each workday.
c. Day shift means any authorized work schedules between the hours of 7:00 a.m. and 5:00 p.m.
12.4 Classes during Shift Assignments
If an employee assigned to the swing or graveyard shift wishes to attend classes during the day, the employee shall notify the first non-bargaining supervisor of his or her intention to enroll in classes during the day and the completion date of the classes.
The City will review the work program and advise the employee within 14 days whether or not the day classes will interfere with the shift assignments. If no conflict exists, the City will not change the shift assignment until after the semester ends provided that the employee continues to be actively enrolled in the class.
12.5 Rest Period
Each employee shall be entitled to a rest period of fifteen (15) minutes during each one- half (½) shift worked.
12.6 Daylight Saving Time
12.6.1 Spring: In the Spring when transitioning to Daylight Saving Time (DST), employees working during the one (1) hour transition from Standard Time to DST will be paid only for actual hours worked. Employees working on a shift which includes the one (1) hour transition may be granted an option by the Department Head or his or her designee, to work an additional hour or use compensatory time, floating holiday, or vacation to make up the lost work hour.
12.6.2 Fall: In the Fall when transitioning from DST, employees working during the one (1) hour transition will be paid for all hours worked including overtime at one and one-half (1½) times the straight-time rate of pay for hours worked in excess of the regular workweek as set forth in Section 13 (Overtime) of this Agreement.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
SECTION 13: OVERTIME
Employees required to work in excess of their basic work week or in excess of 8 hours in one day (excepting voluntary regular schedules of 9 or 10 hours) during any one week shall be compensated for such overtime services as follows:
13.1 Rate
The overtime rate shall be one and one-half (1½) times the regular hourly salary for the first four (4) hours of such excess and at two (2) times the regular hourly salary for the balance of such excess.
13.2 Department Head Discretion
Whether an employee shall be compensated for overtime by compensatory time off or by payment shall be at the sole discretion of the employee's department head.
13.2.1 Compensatory Time Off: Compensatory time off may be earned in lieu of overtime pay at the rate of one and one-half (1½) hours for each overtime hour worked up to a maximum of sixty (60) hours of such compensatory time. Accumulation of compensatory time off in excess of sixty (60) hours may be allowed at the discretion of the department head. Utilization of compensatory time shall be at the discretion of the employee's department head. The times during the calendar year at which an employee shall take his or her compensatory time off shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. As used herein, sixty (60) hours is equivalent to ninety (90) hours of time off work.
13.3 Payoff of Overtime
In the event that an employee resigns or is terminated, he or she shall be entitled to compensation for his or her accumulated overtime.
13.4 FLSA Workweek
For the purpose of computing overtime, the work week shall be defined as beginning at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday. Any applied benefited leave shall be included in the calculation of overtime.
13.5 Emergency Overtime
Employees who are called from their living quarters for emergency work or duty on days other than normal workdays, or on normal workdays outside of their regular work hours, shall be paid emergency overtime compensation for actual time worked;
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
provided, however, that in any case of emergency overtime as herein provided the minimum time for which such overtime compensation shall be paid shall be four (4) hours; and provided further that if such overtime work is performed prior to the beginning of the regularly scheduled work period and such overtime continues into such regularly scheduled work period without a break in service, compensation shall be paid only for the actual time worked.
13.5.1 Overtime Earned Rest Period
If an employee has worked four (4) hours or more of overtime between the hours of 10:30 p.m. and 6:30 a.m. preceding the beginning of his/her regular work hours on a workday, he/she shall be entitled, except in an emergency, to a rest period to include two (2) hours of his/her workday without loss of his/her regular straight- time pay. If the overtime work period extends for six (6) hours or more of overtime between the hours of 10:30 p.m. and 6:30 a.m. preceding the beginning of his/her regular work hours on a workday, he/she shall be entitled, except in an emergency, to a rest period to include five (5) hours of his/her workday without loss of his/her regular straight-time pay. In the event that an employee, due to operational need, is required to work during an earned rest period during regular work hours, the employee will be paid for the earned rest period in addition to wages earned for hours worked.
13.6 Meals
The City will provide meals to employees during emergency assignments and when the employees work continuously for two (2) or more hours immediately before or after their regular shift of eight (8) or nine (9) hours for a total of ten (10) or eleven (11) hours. The employee shall earn an additional meal for every four (4) hours of continuous work after the first meal is earned or taken.
The City will reimburse the employees for the costs of the meal up to twenty five dollars ($25) if no meals are provided.
13.7 Standby Pay
An employee assigned to standby shall receive ten (10) hours of overtime compensation in addition to any overtime worked while on standby.
13.7.1 Standby Week: For the purpose of this Section 13.7.1 (Standby Week), a week shall mean the seven (7) consecutive calendar days following assignment to standby service. In the case of emergencies, the Senior Supervisor or Superintendent may assign another employee to complete the standby week for the originally assigned employee. In that case, the ten (10) hours standby compensation will be pro-rated between the employees.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
13.7.2 Missed Assignment while on Standby: If an employee misses an overtime assignment while on standby duty, he or she will not receive the standby pay for that day. If he or she misses a second call during the same standby period, he or she will forfeit all the standby pay for that period.
13.7.3 Consequences: If an employee develops a pattern of failing to perform the service when called, they will be subject to disciplinary action and the Union reserves the right to appeal any action.
13.7.4 Standby Vehicle: The City will provide the employee on standby duty with a vehicle. Said employee shall be responsible for taking all reasonable steps to insure the safety of the tools and equipment on that vehicle.
13.8 Emergency Overtime Assignments
All emergency overtime assignments including calling an employee other than the employee on scheduled standby status will be paid the minimum overtime compensation as defined in Section 13.5 (Emergency Overtime). In the event that the employee on scheduled standby is not called, and another employee has been called to perform the emergency overtime assignment, both the employee who performed the assignment and the employee on scheduled standby status will receive the minimum overtime compensation.
13.8.1 Scheduled Overtime during Standby: The employee who is on scheduled standby status may perform scheduled overtime tasks on a voluntary basis. The standby premium shall not be pro-rated. If an emergency call occurs during the time that the employee is performing scheduled overtime tasks that call shall be paid at the time and one-half rate and not at the call back rate set forth in Section 13.5 (Emergency Overtime).
If other City electrical employees are concurrently performing scheduled overtime tasks, the Senior Electrical Supervisor may, at his or her discretion, assign the work to electrical employees present within the City performing the scheduled overtime tasks at the regular overtime rate of pay. The employee who is on scheduled standby status who chooses to perform scheduled overtime shall defer to other employees who choose schedule overtime assignments pursuant to Section 13.9 (Overtime Offers).
13.9 Overtime Offers
The Department will offer Scheduled Overtime on a voluntary basis to employees with the least amount of overtime worked in accordance with the following provisions:
13.9.1 Posting of Overtime: The Department will post a Scheduled Overtime Sign-up List on the Division's bulletin board once every two weeks.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
Employees who wish to be considered for scheduled overtime during that time period must sign the list.
13.9.2 Scheduled Overtime Definition: Scheduled Overtime shall be defined as an overtime assignment scheduled at least 24 hours in advance.
13.9.3 Overtime Report: The Department will prepare and post a Report of Overtime Worked for employees on a calendar year basis beginning with a zero balance on January 1. The report will be updated after each pay period.
13.9.4 Overtime Assignments: As scheduled overtime assignments occur, the Department will offer the assignment to individuals on the list for the applicable time period beginning with the person on the sign-up list with the least amount of overtime worked during the calendar year.
Notification of scheduled overtime assignments shall be made during work hours at the work place, and employees must be present at the work place to receive the overtime work assignment.
13.9.5 Overtime Assignment Tie Breaker: If employees have equal amounts of overtime, the scheduled overtime assignment shall be offered to employees in the same order as their names appear on the sign-up list.
SECTION 14: SHIFT DIFFERENTIAL
14.1 Swing Shift
Employees who regularly work a full shift of seven and a half (7½) hours or more on swing shift as defined in Section 12.3.1 (Types of Shifts), which includes more than four (4) hours between the hours of 5:00 p.m. and 12:00 midnight, shall be paid their regular salary plus seven and a half percent (7½%) of their regular monthly salary per month.
14.2 Night Shift
Employees who regularly work a full shift of seven and a half (7½) hours or more on night shift as defined in Section 12.3.1 (Types of Shifts), which includes more than four (4) hours between the hours of 12:00 midnight and 7:00 a.m. (night shift), shall be paid their regular salary plus ten percent (10%) of their regular monthly salary per month; provided, however, that in the case of any such employee who is regularly assigned to such night-shift work for less than an entire work week, the additional payment shall be made only for the portion of the work week worked on the night- shift assignment.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
SECTION 15: NATURAL DISASTER/DECLARED EMERGENCY
If an emergency is formally declared by the City, county, state or national authority:
15.1 Call Outside Normal Working Hours
If an employee is called outside of normal working hours, the employee gets time and one-half (1½) the normal rate of pay for the first whole shift regardless of the number of hours worked. If the employee is not called from home the regular rules apply (i.e., overtime for hours worked above eight in a day).
15.2 Shift Differential
Thereafter, the first eight hours at regular rate and 7½% for hours worked between 5:00 p.m. and midnight; 10% for hours worked from midnight to 7:00 a.m. For hours greater than eight in a shift, the employee gets time and one-half (1½) the normal rate of pay but no shift differential on those hours above eight.
15.3 Reduction in Hours
There will be no reduction in the number of hours in the regular work week schedule.
15.4 Change in Assignments
If an employee is at work during the day when an emergency is declared and is assigned to work a night shift and is sent home, the employee will be compensated as follows:
15.4.1 If an employee has been at work for up to but not more than two (2) hours the employee will be paid for two (2) hours at the straight time rate.
15.4.2 If an employee has been at work for more than two (2) hours but not more than four (4) hours the employee will be paid for four (4) hours at the straight time rate.
15.4.3 If an employee has been at work for more than four (4) hours the employee will be paid for eight (8) hours at the straight time rate.
15.5 Hours Worked in Excess of 12-hours
An employee working more than twelve (12) hours in one continuous shift will be compensated at two (2) times the normal hourly rate.
ARTICLE 3 - LEAVES
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
SECTION 16: VACATION
16.2 Vacation Approval
The times during the calendar year at which an employee shall take his or her vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. Wherever practical, employees working in the same classifications within a division shall be given preference of vacation time by seniority. If the requirements of the service are such that a department head cannot permit an employee within his or her department to take an annual vacation leave or any part of such leave within a particular calendar year, the City Manager may permit such employee to take the deferred vacation during the following year.
16.3 Use of Incremental Vacation
Employees may, with advance supervisory approval, use vacation leave in increments of one hour.
16.4 Accrual Rate as of December 8, 1987
Effective December 8, 1987, the vacation accrual rate shall be modified as follows:
Vacation Accrual Schedule
Authorized
Annual
Workweeks of
Vacation
Vacation Leave
Credits in Work
Days per Month
of Service
Vacation Leave
Credits in Hours
Earned per
Month of Service
Through the first three (3) calendar
years of service (except as provided in
Section 16.4 (Accrual Rates as of
December 8, 1987) and 16.5
2 work
weeks 0.833 6.667
Fourth (4 th) through eleventh (11 th)
calendar years of service (except as
provided in Section 16.5 below)
3 work
weeks 1.25 10.00
Twelfth (12 th) through seventeenth
(17th) calendar years (except as
provided in Section 16.5
4 work
weeks 1.667 13.33
Eighteenth (18th) through twenty-fourth
(24th) calendar years (except as
provided in Section 16.5
5 work
weeks 2.083 16.667
Twenty-fifth (25 th) and subsequent
calendar years (except as provided in
Section 16.5
6 work
weeks 2.5 20.00
The authorized annual vacation leave for prior years is set forth in Exhibit D attached hereto and made a part hereof.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
16.5 Accrual, Use, and Limitation for Employees with Less than 6-Months of Service Each employee, during that portion of the calendar year in which he or she is originally appointed and during the next succeeding year, shall be entitled to vacation leave credits at the rate of 0.833 work days for each calendar month of service. Each such employee shall be entitled to take during these two (2) calendar years only such annual vacation leave as he or she earns.
16.6 Vacation Eligibility for Part-time, Intermittent, Leave Without Pay or Reemployed Employees
For an employee who has worked on a part-time or intermittent basis or who has been on leave of absence without pay for a total of six (6) months or more or who has been terminated and subsequently reemployed, the actual years of service with the City shall be used for the purpose of computing length of service in determining eligibility for vacation at the three (3), four (4), five (5) and six (6) weeks' rate.
16.6.1 Prorated Vacation for Intermittent or Part-Time Employees: Employees working on an intermittent or part-time basis who have worked half-time or more in the preceding calendar year without termination of employment shall be entitled to a prorated vacation leave based upon the actual years of service with the City and upon the actual amount of time worked in the preceding calendar year.
16.6.2 Effect of Military Leave on Vacation Eligibility: For the purpose of computing length of service in determining eligibility for vacation at the three (3), four (4), five (5) or six (6) weeks' rate, time spent on extended military leave shall be counted as time spent in the service of the City.
16.7 Maximum Vacation Accumulation
Employees may accrue vacation earned up to a maximum cumulative total of 320 hours.
Once an employee accrues 320 hours vacation, the employee shall not accrue any additional vacation leave hours until his or her vacation leave balance is below the maximum 320 hours. Under no circumstances will an employee be allowed to accrue more than 320 hours vacation leave. As provided below, the City will advise employees and their supervisors when the employee has attained an accumulation of 280 hours. Supervisors should be flexible in granting vacation requests from employees who reach 280 hours. Provided further that with regard to employees who have reached 280 hours, no vacation request by such employee shall be unreasonably denied. No employee shall be denied vacation leave such that it causes him or her to reach the 320 hour limit.
Notification: To assist employees to remain below the 320 hours vacation leave maximum accumulation, the parties agree that no later than October 1 of each
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
year of this Agreement, the City will provide the Union and Department Heads with a report identifying accumulated vacation hours of all employees. The City also agrees to notify all employees who have accrued 280 hours of vacation leave, as of this date, that they must take vacation leave to reduce their vacation leave to avoid reaching the 320 hour maximum accrual.
16.8 Prorated Vacation due to Extended Absence,
Reemployment or Reinstatement
An employee who has returned from extended military leave or any other extended leave of absence without pay or who has been reemployed or reinstated shall be entitled, during the calendar year in which he or she returns to the City service, to a prorated vacation based upon the total years of service with the City and upon the total number of months of actual service with the City during the said calendar year. For succeeding calendar years, his or her vacation leave shall be as provided elsewhere in this Section 16 (Vacation).
An employee who is granted a leave of absence without pay and who is off the payroll for less than one hundred sixty (160) consecutive hours shall be entitled to a full vacation. If such an employee is off the payroll for one hundred sixty (160) consecutive hours, his or her vacation shall be as provided in the preceding paragraph of this Section 16.8 (Prorated Vacation due to Extended Absence, Reemployment or Reinstatement) or Section 16.9 (Payment of Vacation upon Termination or Extended Leave after Six Months of Service).
16.9 Payment of Vacation upon Termination or Extended Leave after Six Months of Service
If an employee, is terminated, or is granted an extended military leave or other extended leave of absence without pay, such employee, or his or her estate, shall be paid for vacation credits in excess of the actual amount of vacation leave taken or such employee, or his or her estate, shall reimburse the City for the actual amount of vacation leave taken in excess of vacation leave credits, as the case may be.
16.10 Calculation and Payment or Reimbursement of Vacation Credits upon Termination or Extended Leave
Upon termination, extended military leave, or other extended leave of absence without pay, vacation leave credits shall be totaled, and the actual amount of vacation leave taken, including any that may have been taken during the year in which the termination, extended military leave, or other extended leave of absence without pay occurs, shall be deducted from the total credits. If the credits exceed the actual amount of vacation leave taken, such employee, or his or her estate, shall be paid for the excess of credits on the basis hereinafter set forth. If the actual amount of vacation leave taken exceeds the credits, such employee, or his or her estate, shall reimburse the City on the same basis.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
The basis for such payment by the City or for such reimbursement to the City shall be as follows:
The employee's hourly pay rate at date of termination, extended military leave, or other extended leave of absence without pay, multiplied by the excess of credits over vacation leave actually taken or excess of vacation leave actually taken over credits, as the case may be.
16.11 Lump Sum Payment of Vacation
Upon termination, extended military leave or other extended leave of absence without pay, payment for excess of vacation leave credits shall be made in one lump sum at time of termination, extended military leave, or other extended leave of absence without pay, or as soon thereafter as possible; provided, however, that an employee may elect to use excess vacation leave credits prior to termination, extended military leave, or other extended leave of absence without pay, to the extent permitted by this Section 16 (Vacation), and receive a lump sum payment for the balance of leave credits, if any. An employee, or his or her estate, shall not be paid for vacation leave credits in excess of eight (8) calendar weeks.
Notwithstanding the foregoing, accumulated but unearned vacation credit at the time of retirement shall be paid off in a lump sum.
16.12 Calculation of Vacation Based on Actual Paid Hours All vacation benefits shall be calculated upon actual paid hours of work. This provision shall go into effect immediately upon implementation of necessary data processing and programming changes.
16.13 Vacation Accounting Procedures
The City may revise vacation accumulation provisions in order to standardize accounting procedures without effect on the amount of employees' vacation, subject to review and approval by the union.
16.14 Voluntary Time Off
The City will implement a voluntary time off (VTO) program, which may include a year- end holiday closure. It is understood by the parties that employee participation is completely voluntary and that employees who wish to work during such periods will be permitted to do so.
SECTION 17: HOLIDAYS
17.1 Holidays
Recognized holidays for employees in Representation Unit C shall be:
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
17.1.1 New Year's Day
17.1.2 Martin Luther King's Birthday (3rd Monday of January)
17.1.3 Lincoln's Birthday
17.1.4 Washington's Birthday (observed on the third Monday in February)
17.1.5 Malcolm X's Birthday (observed on Monday or Friday nearest May 19th)
17.1.6 Memorial Day (observed on the last Monday in May)
17.1.7 Juneteenth National Independence Day – observed on the Monday or Friday nearest June 19
17.1.8 Independence Day
17.1.9 Labor Day (observed on the first Monday in September)
17.1.10 Indigenous Peoples' Day (observed on the second Monday in October)
17.1.11 Veteran's Day
17.1.12 Thanksgiving Day
17.1.13 Day after Thanksgiving Day
17.1.14 Christmas Day
17.1.15 Effective January 9, 2000, each employee shall be granted three (3) floating holidays each calendar year.
17.2 Floating Holidays
Any employee shall be granted three (3) floating holidays each calendar year. The days selected shall be by mutual agreement between the employee and the department head (or his or her designee). In the event mutual agreement cannot be reached on the selection of floating holidays, the employee shall have the three (3) days added to his or her accrued vacation time. Employees may take Floating Holidays in one (1) hour increments.
17.2.1 Additional Floating Holidays
For employees who were required to remain in the workplace from March 17, 2020 - June 1, 2020, the City will provide 8 hours of floating holidays for every 40 hours of regularly scheduled hours worked in the workplace up to a maximum of 32 hours of floating holiday. The City will credit these floating holiday hours in the first full pay period after adoption of the MOU.
City will use a specific pay code for the additional floating holiday, hours will be available June 30, 2021. These additional 32 hours of floating holiday shall have no cash value and may not roll over to vacation if not used by June 30, 2021.
17.3 Floating Holiday Accrual upon Employment
In the first calendar year of employment, an employee hired before May 1 shall be entitled to three (3) floating holidays; and an employee hired on or after May 1, but before September 1, shall be entitled to two (2) floating holidays; and an employee hired
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
on or after September 1, shall be entitled to one (1) floating holiday in that first calendar year.
17.4 Limitations
No monetary award shall be authorized for unused accumulated Floating Holidays for employees who terminate employment prior to the completion of six (6) months of continuous City service.
17.5 Holidays for Employees whose Work Week is Other than Monday through Friday
Employees whose work week is Monday through Friday shall be allowed all holidays with pay which fall within such work week. Those employees whose work week is other than Monday through Friday shall be entitled to the same number of holidays, with pay, during each calendar year as are allowed to employees whose work week is Monday through Friday. The procedure for allowing holidays for employees whose workweek is other than Monday through Friday shall be established by the City Manager. The provisions of this Section 17.5 (Holidays for Employees whose Work Week is Other than Monday through Friday) are not applicable to intermittent employees.
17.6 Work during a Holiday
An employee required to work on any day which is a holiday for employees whose work week is Monday through Friday shall be paid for the number of hours worked during such day at the rate of one and one-half (1½) times the straight-time rate, based upon his or her regular monthly salary, or shall be granted compensatory time off in an amount equal to one and one-half (1½) times the number of hours worked on such holiday. Any employee who works on Christmas day or Thanksgiving Day shall be paid double time for that day. The hours worked on such holiday and paid at the rate herein provided shall not be credited in computing the hours worked in the week for overtime purposes.
The holiday pay provided for shall be in addition to an employee's regular salary. In the event that the time worked on such a holiday is also overtime, as provided in Section 13 (Overtime) of this Memorandum Agreement, payment will be made for the hours worked either as overtime under said Section 13 (Overtime), or as holiday pay under this Section 17 (Holidays), but will not be made under both Sections.
17.7 Holidays for Part-Time Employees
Regularly scheduled part-time employees 1) who are assigned to a regular schedule of twenty (20) or more hours per week; 2) who have worked for the City as regular or part-time employees for one (1) or more years; and 3) who during such period of time have worked a minimum of 1,000 hours shall be entitled to the holiday pay for the number of hours which such employee would have worked had the holiday not
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City of Berkeley IBEW Local 1245
occurred, provided such holiday occurs on a day which such employee is regularly scheduled to work.
SECTION 18: SICK LEAVE
18.1 Eligibility
Any employee shall be entitled to take sick leave with full pay in case of sickness, disability, or serious illness within the immediate family of the employee in accordance with the provisions of Sections 18.2 (Sick Leave Accrual) to 18.12 (Cessation of Accrual).
18.2 Sick Leave Accrual
Each employee shall be credited with one (1) working day of sick leave with full pay for each month of service.
For the purposes of this Section 18 (Sick Leave), a month of service shall mean thirty (30) consecutive calendar days in the case of employees working on a fulltime or part-time basis, and shall mean 163 hours of work in the case of employees working on an intermittent basis.
18.3 Pro-rated Sick Leave for Part-Time Employees
An employee working on a part-time basis shall be entitled to use earned sick leave only on a pro rata basis; for example if an employee works half-time, he or she shall be paid for time off on sick leave on a half-time basis.
18.4 Sick Leave for Intermittent Employees
An employee who works on an intermittent basis shall be entitled to use earned sick leave only for those days on which he or she would have worked if he or she had not been sick; provided, however, that an employee working on an intermittent basis who works only when called shall be entitled to use earned sick leave only when he or she becomes sick after reporting to work in response to such call.
18.5 Maximum Accumulation
Such sick leave as provided in Section 18.2 (Sick Leave Accrual), when not used, shall be cumulative; but the accumulated unused period of sick leave shall not exceed two hundred (200) working days, regardless of the length of service. When the maximum of two hundred (200) working days has been reached, and thereafter part of said maximum has been used, the used part of said maximum may subsequently be replenished at the applicable rate provided in Section 18.2 (Sick Leave Accrual).
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18.6 Payment upon Retirement/Termination
All accumulated sick leave shall be canceled when an employee terminates or is terminated, except as provided below for employees hired on or before June 30, 2013.
18.6.1 Employees Hired on or Before June 30, 2013: For employees hired on or before June 30, 2013 who retire or voluntarily terminate with a vested pension, and with between twenty (20) years and twenty-eight (28) years of benefited service shall be entitled to receive payment in an amount equal to thirty eight percent (38%) of their accrued sick leave days up to a maximum of the two hundred (200) day maximum accumulation.
Provided further that any employee retiring on permanent disability arising out of and incurred in the course and scope of his employment with the City shall be entitled to receive payment at
retirement for thirty eight percent (38%) of accumulated unused sick leave days but not, in any event, more than thirty eight percent (38%) of the two hundred (200) day maximum accumulation.
18.6.2 Payment After 28 Years of Service for Employees Hired on or Before June 30, 2013: Employees who were hired on or before June 30, 2013, who terminate with at least twenty-eight (28) years of benefited City of Berkeley service or employees retiring on permanent disability arising out of and incurred in the course and scope of their employment with the City with at least twenty-eight (28) years of benefited service shall be entitled to receive payment in an amount equal to fifty percent (50%) of their accrued sick leave days up to a maximum of two hundred (200) unused sick leave days.
18.6.3 Sick Leave Payout to 401(a) Plan for Employees Hired on or Before June 30, 2013: The City and the Union have met and conferred on an Internal Revenue Code Section 401(a) plan and trust agreement to address the liquidation of sick leave at time of retirement. This plan and trust agreement was originally negotiated with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 and has been submitted to the Internal Revenue Service for a Determination Letter and a Private Letter Ruling which are pending. If the City receives a positive response from the Internal Revenue Service, the plan and trust agreement will be extended to the employees in the bargaining unit. This will provide the employees with an irrevocable option to defer accrued but unused sick leave at time of retirement into a 401(a) plan or be paid out the balance of the accrued but unused sick leave less withholding of applicable federal and state taxes.
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18.7 Annual Payment for Hours in Excess of Maximum for Employees Working Half- Time or More for Employees Hired on or Before June 30, 2013 Employees who regularly work one-half (½) time or more and who have attained the one hundred fifty (150) day maximum sick leave accumulation shall be entitled to receive payment for one-third (1/3) of the first twelve (12) days of sick leave for which they become eligible but do not use and would otherwise forfeit because of the one hundred fifty (150) day maximum limitation. Determination of eligibility for such payment shall be made on an annual calendar year basis, and payment for such sick leave for any calendar year shall be made not later than January 22 of the following year. Such payment shall be made at the employee's salary rate in effect on the preceding December 31 and shall be made only in units of whole days and not for any fraction of a day.
18.8 Restoration of Sick Leave if Reemployed within Two Years Accumulated sick leave, which has been canceled by reason of an employee's termination, shall be credited back to such employee if the employee returns to City employment within two (2) years of such termination.
18.9 Sick Leave Use/Family Illness
Sick leave shall not be considered as a privilege which an employee may use at his or her discretion but shall be allowed only in case of his or her sickness or disability or in the case of serious illness within the immediate family of the employee. Not more than fifteen (15) working days in any calendar year may be taken as sick leave because of the illness of a member of the employee's immediate family, except for serious medical conditions covered under the provisions of Administrative Regulation 2.4 (Family Care Leave). The immediate family of an employee, for the purpose of this Section, shall be defined as: spouse, domestic partner, son, daughter, parent or dependent.
18.10 Prohibition for Use with Outside Employment
No sick leave shall be allowed for time off for an injury incurred while working for another employer, provided that such injury is covered by the Workers' Compensation laws of the State of California, or other provision for payment for time off because of such injury is made by such other employer. In the event such injury is not covered by the Workers' Compensation laws of the State of California and no other provision for payment for time off because of injury is made by such other employer, sick leave in accordance with the provisions of this Section shall be allowed only if such outside employment has been approved by the City.
18.11 Notification Requirement
In order to receive compensation while absent on sick leave, the employee shall notify his department head prior to or within four (4) hours after the time set for beginning his or her daily duties, or as may be approved by the head of his or her department.
The Union and the City recognize it is advantageous to both parties that calls should normally be made prior to the beginning of the work shift. Leave for non-
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emergency doctors' appointments shall be requested in advance. In specific instances the City may by written notice require an employee (s) to call in prior to the beginning of their shift in order to be eligible for sick leave.
18.12 Cessation of Accrual
An employee who is granted a leave of absence without pay and who is off the payroll for less than one hundred-sixty consecutive hours shall receive his or her earned sick leave credit. If the employee is off the payroll for one hundred-sixty (160) consecutive hours or more, he or she shall not earn sick leave credit for each two successive pay periods that he or she is off the payroll.
18.13 Workers' Compensation
All probationary and permanent employees of the City and provisional employees who have worked a total of four (4) months or more for the City, who have suffered any disability arising out of and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California, and who are receiving or shall receive compensation from the insurance carrier for such disability, and during the first seven (7) days after such disability when compensation is not paid by the insurance carrier shall be entitled to remain absent from duty with pay until such time as they are able to return to duty or some other final disposition is made of their case; provided, however, that provisional employees who have worked a total of four (4) months or more for the City shall be entitled to remain absent from duty with pay for the period they would have been permitted to remain provisional employees under their employment at the time of injury.
All employees, other than probationary and permanent employees and provisional employees who have worked a total of four (4) months or more, shall be entitled to such compensation as may be allowed them by the Workers' Compensation Insurance and Safety Act of the State of California.
18.13.1 Workers' Compensation Payments: Payments from the insurance carrier for disability arising out of and in the course of employment shall be paid to the employee. The amount of such payment or payments shall be deducted from the monies, which the employee received from the City. Payments from the insurance carrier, plus the monies paid to the employee by the City, shall be equivalent to the employee's regular full pay.
18.13.2 Workers’ Compensation Leave and Salary Continuation: Payments under the Workers' Compensation law for temporary disability, or a recurrence thereof, arising out of and in the course of employment shall be paid for a period not to exceed 365 days at a maximum payment of the employee's pre-disability net pay but shall not exclude any salary
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adjustments to which the employee is entitled. Thereafter, the employee will continue to receive only the temporary disability payments provided under state law, and the City will cease to pay the difference. However, salary continuation payments above the statutorily required temporary disability payments shall not be reported by the City to CalPERS as compensation. No time worked shall be part of the 365 calendar days of salary supplement paid by the City. This change shall not affect employees who are currently off the job with a work-related injury which occurred prior to July 1, 1979.
18.13.3 Calculation: The City shall continue to calculate salary continuation at pre-disability gross pay. The City may calculate salary continuation payments at pre-disability net pay at such time when they develop the capacity to administer it equitably. Any change in calculation shall not reduce employees' combination of disability payments and salary continuation payments below employees' pre-disability net pay.
The change in calculation shall not affect employees who are off the job with a work-related injury prior to the new calculation method being implemented.
18.13.4 Workers' Compensation Related Absence of Less than Four (4) Hours: An employee who is absent from work for a medical appointment or physical therapy for less than four (4) hours will have ½ day charged against his or her 365 day maximum period for receipt of salary continuation pre-disability net pay.
18.13.5 Workers' Compensation Related Absence of Four (4) Hours or More:
An employee who is absent from work for a medical appointment or physical therapy for 4 hours or more will have 1 day charged against his or her 365 day maximum period for receipt of salary continuation predisability net pay.
18.13.6 Calculation Based on Actual Paid Hours: All sick leave benefits shall be calculated upon actual paid hours.
18.14 Light Duty
Assignments for temporarily disabled employees.
An employee who is absent by reason of industrial disability may be returned to work and given temporary light duties within his or her ability to perform. The duration of any such period of temporary work should be determined by the City. Employees should be compensated at the rate of pay of their regular classification while
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engaged in such temporary duties, and such work assignments are to incorporate the following provisions:
18.14.1 Modified Duty Accommodation: The City shall accommodate, when feasible, employees covered by this memorandum under the provisions of workers' compensation, and such work assignments are to incorporate the following provision:
18.14.1.1 The assignment shall be consistent with medical limitations as determined by the physician of record.
18.14.1.2 The Assignment shall be within the City of Berkeley and may include hours and days of work other than the employee’s regular assignment.
18.14.2 Modified Duty Accommodation for Non-Industrial Disabilities: The City may accommodate an employee disabled with a non-industrial disability by providing a modified work assignment in that employee's classification. To be eligible for such a modified assignment, the employee must provide the Human Resources Department with a medical statement from his or her treating physician that clearly states the medical limitations and abilities of the employee. If modification of that position does not serve the best interests of the City, other classifications may be considered, subject to the approval of the Human Resources Director. Compensation will be provided at the level of the classification in which the temporarily disabled employee works during the disability. The employee must meet standards of satisfactory performance for the duration of the work assignment.
18.14.3 Modified Duty for Pregnancy-Related Disability: In the case of a medically certified, pregnancy-related disability, in which the normal duties clearly threaten the health and safety of the employee or the unborn child, the Human Resources Department will endeavor to place the employee in a position which best serves the interest of the City with no loss of pay, but in no event will such placement exceed 5 months in duration.
18.14.4 Light Duty Assignments: Availability of light duty job assignments shall be discussed upon request at the monthly Labor-Management Meetings.
18.15 Control Program for Sick Leave Use
The City may establish a reasonable program for the control of abuse of sick leave and absenteeism, subject to Union review and comment.
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18.16 Bonus Time for Unused Sick Leave
For every six (6) months of perfect sick leave attendance the employee will receive eight (8) hours of bonus time. A leave of absence from work pursuant to workers’ compensation is counted as an absence from work in the same manner as sick leave for the purpose of this bonus. This bonus time will be prorated for part-time employees. Such bonus time can be used for any leave purpose covered by this Memorandum Agreement. Such bonus time shall be counted as vacation leave credits for purposes of determining eligibility for carry-over and cash payment.
18.17 State Disability Insurance
Except as provided in 18.17.1.3 below, any employee who is absent due to personal illness for more than 7 calendar days (or for any period of time if hospitalized) may apply for State Disability Insurance Benefits.
18.17.1 State Disability Integration: After such employee has been absent from work due to personal illness for six (6) consecutive work days, if the employee applies and is eligible for State Disability Insurance, the City shall integrate the employee's pay with the employee's State Disability benefits in the following way:
18.17.1.1 The City will determine the weekly SDI benefit amount based on the amount of wages earned with the City of Berkeley in the SDI base period.
18.17.1.2 The weekly SDI benefit will be subtracted from the employee's normal weekly wages and the amount necessary to bring the total of State Disability plus wages to 100% will be deducted from any accumulated sick leave, vacation leave and
compensatory time available to the employee. The integration with vacation leave and compensatory time is optional but will be automatically implemented after sick leave has expired unless written notification is received from the employee, as discussed below.
18.17.1.3 The employee must notify the payroll clerk, in writing, to stop integration of State Disability Insurance payments with vacation leave or compensatory time. Upon receipt of
notification, the payroll clerk will cease integration of any future leave for that incident of illness.
18.17.1.4 The employee must show the State of California form (Disability Insurance Notice of Computation) to his or her payroll clerk to verify dates covered by SDI and the amount to
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be paid. The employee must inform their payroll clerk of all SDI payments. Any employee entitled to State Disability Insurance shall receive in addition thereto such portion of his or her accumulated leave as will meet, but not exceed, the standard earnings of the employee for his or her normal workweek, up to a maximum of five (5) days.
SECTION 19: FUNERAL LEAVE
In the case of death within the immediate family of an employee (who is not excluded from such benefit pursuant to Chapter 4.04.120 of the Berkeley Municipal Code (Personnel Ordinance) which is attached hereto as Exhibit C (City of Berkeley Municipal Code Chapter 4.04.120) and made a part hereof, such employee shall be entitled to remain absent from duty with pay in order to attend the funeral or memorial service for a period not exceeding three (3) working days or, in the case of a funeral or memorial service conducted out of the State of California, for a period not exceeding five (5) working days. For the purpose of this Section, the immediate family of an employee shall be defined as: husband, wife, domestic partner, mother, father, sister, brother, child, grandmother, grandfather, grandchildren, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-inlaw, and daughter-in-law, step-parent, step-sibling, step-child, aunts and uncles, nieces and nephews.
Leave of absence with pay because of death in an employee's immediate family is allowed for the purpose of attending the funeral or memorial services, and such leave shall not be charged against vacation or sick leave that an employee may be entitled to but shall be in addition thereto. Employees may request, and the City will make reasonable efforts to accommodate requests, for employees to supplement bereavement leave by using accrued vacation, compensatory time, or floating holiday. All accrued leave (and/or sick leave, if applicable) shall be utilized prior to taking a leave of absence without pay.
Funeral Leave for Persons Other than Immediate Family: In special cases, with the approval of the department head, the City Manager may grant a death leave to allow an employee to attend funeral or memorial services because of a death of a person not included within the definition of the immediate family.
SECTION 20: MILITARY AND MARITIME LEAVE
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Military and Maritime Leave shall be governed by the provisions of the Federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and any regulations promulgated to implement the Act and the California Military and Veteran’s Code.
If an employee voluntarily extends his or her military leave in excess of two (2) weeks, the amount of pay received by the employee for his or her military duty shall be deducted from his or her regular pay for such period.
SECTION 21: PARENTAL LEAVE
21.1 Eligibility:
Employees with one (1) or more years of employment with the City (or equivalent in the case of part-time employees) shall be entitled to parental leave as follows:
A continuous parental leave of up to one year will be granted to any employee with one year (full-time) or more years of employment with the City (or equivalent in the case of part-time employees) upon the birth of a child or the legal adoption of a child who is five years or younger, provided that:
21.1.1 Commencement of Parental Leave: The one year parental leave must commence no later than 13 months from the date of birth or adoption and must expire no later than 25 months from the date of birth or adoption, and.
21.1.2 Notice Requirement: Employees exercising their rights under this provision must provide the City at least 45 calendar days notice prior to the anticipated commencement date of the parental leave, unless a shorter notice is approved for good cause.
21.1.3 Use of Sick Leave: The employee, at his or her option, may request that all or any portion of sick leave (up to a maximum of two hundred (200) days) or vacation leave that he or she has accumulated be paid in the same manner as it would if he or she had been absent due to illness or on vacation during the leave. In the event both parents are employed by the City, nothing in the Personnel Rules and Regulations shall prohibit both employees from taking simultaneous parental leave.
21.1.4 Verification Requirement: The foregoing leave shall be granted upon medical certification of pregnancy or the presentation of legal evidence of adoption.
21.1.5 Life and Health Insurance Coverage Upon Exhaustion of Leave:
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During approved parental leave, after all earned leaves are exhausted, (except sick leave) the City agrees to maintain life and health insurance coverage for duration of the approved leave subject to any regular participation requirement of the employee. Thereafter the City agrees to continue coverage for the employee at the employee's expense.
SECTION 22: LEAVE OF ABSENCE WITHOUT PAY
22.1 Department Head Authority
Upon the request of the employee, a department head may grant a leave of absence to an employee within his or her department without pay for a period not to exceed fifteen (15) working days. No leave without pay shall be granted for more than fifteen (15) working days except upon the written request of an employee and approval of the City Manager. Failure on the part of an employee on leave to report promptly at its expiration shall be cause for discharge.
22.2 Union Sponsored Training
A leave of absence without pay shall be granted at the request of an employee and the Union for the purpose of the employee's attending a training course sponsored by the Union. The maximum duration of such leave shall not exceed two (2) consecutive payroll periods in a calendar year.
22.3 Exhaustion of Accrued Time
Leaves of absence without pay shall be granted only after the employee has utilized all accrued vacation and any other time owed to the employee, except sick leave.
SECTION 23: JURY DUTY LEAVE
An employee who is called or required to serve as a trial juror shall be entitled to be absent from work with pay during the period of jury service or while required to be present in court as a result of a call to jury duty. An employee is required to be present at work when not serving as a trial juror or as a member of a jury selection panel. An employee will notify his or her supervisor of any unusual constraints (e.g., time to call in, time to report for jury service) made by the court that affect the employee’s ability to simultaneously fulfill his or her jury duty service and employment obligations; and the supervisor will attempt to accommodate the employee based on the operational needs of the department. Absence from work to perform jury duty service shall apply to employees who work swing and graveyard shifts for those days on jury duty. An employee who serves jury duty on his or her day off shall be granted an equivalent number of days off during his or her normal workweek. Employees are required to submit a written proof of jury duty service issued
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by the court in order to receive payment for Jury Duty Leave. The employee will keep any payment received for jury service including mileage reimbursement.
23.1 Court Time
The City will guarantee a minimum of three (3) hours pay for every court appearance required by an employee in the conduct of official City of Berkeley job duties on the employee’s scheduled day off and three (3) hours minimum if on a workday but outside scheduled working hours. In addition, employees assigned to court phone standby in the conduct of official City of Berkeley job duties will be compensated by earning compensatory time as follows: Duty day, outside of scheduled working hours, one hour minimum compensatory time and hour for hour thereafter. Day off, two-hour minimum compensatory time and hour for hour thereafter.
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ARTICLE 4 - HEALTH AND WELFARE BENEFITS
SECTION 24: HOSPITAL-MEDICAL, DENTAL, AND VISION
COVERAGE
24.1 Medical Coverage
The City shall pay the cost of health insurance coverage for employees who are not excluded from such benefit pursuant to Chapter 4.04.120 of the Berkeley Municipal Code (Personnel Ordinance) which is attached hereto as Exhibit C (City of Berkeley Municipal Code Chapter 4.04.120) and made a part hereof, and who have such coverage under any group health insurance plan authorized by the City Council. The present level of benefits under the Kaiser Plan shall be maintained at City expense for the duration of this Memorandum Agreement. Medical benefits are extended to full-time employees, spouse of the employee or domestic partner, and IRS dependent up to age 26.
The City is committed to providing at least one fully paid employer provided health insurance option for employees and eligible dependents. The Union acknowledges the City's policies as stated above.
24.2 Maximum Medical Premium Payments
24.2.1 Effective January 1, 2003, the City will transfer employees who chose to maintain Kaiser medical plan coverage from the Kaiser V-5 Plan into the Kaiser S-1 Plan. Effective January 1, 2003, the City will transfer employees who chose to maintain Health Net HMO coverage from the Health Net W-2 Plan to the Health net C9A Plan.
24.2.2 For employees hired on or after January 1, 2003, the maximum amount the City shall be required to pay for medical insurance premiums shall be the applicable Kaiser rate (i.e., single party, two-party, or family) regardless of the City sponsored health plan selected by the employee.
24.2.3 For employees in a probationary or career benefited status as of January 1, 2003, the City will continue to pay 100% of the health care premium costs (employee and any dependents) for the health plan the employee is enrolled in as of this date as long as the employee remains employed in the bargaining unit. After January 1, 2003, if the employee transfers health coverage to a different health plan, the employee will assume responsibility for paying the difference, if any, between the Kaiser monthly premium rate (i.e., single-party, two-party, or family) and the plan chosen by the employee from that date forward.
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24.2.4 Effective January 1, 2009, the amount the City contributes each calendar year toward the payment of health insurance premiums, in accordance with Section 24.2 (Maximum Medical Premium Payment), will increase by the lesser of twenty percent (20%) (single, two-party, family) or the amount of the Kaiser HMO premium amount (single, twoparty, family) in effect on that date.
24.2.5 Effective January 1, 2014, for those employees who are enrolled on October 31, 2012 in the Health Net Point of Service (POS) health plan (Payroll Benefit Code Description HJ, HK, and HL) the City shall pay medical insurance premiums at the applicable rate for the Health Net HMO plan (i.e., single; 2-party, or family). If the employee chooses to remain enrolled in the Health Net POS Plan on or after January 1, 2014, the employee will assume responsibility for paying the difference between the Health Net POS and the Health Net HMO monthly premium rate (single; 2-party, or family). Provided further that if at any time after January 1, 2014 the employee transfers health coverage from Health Net POS to the Kaiser health plan, the maximum amount the City shall be required to pay for medical insurance premiums shall be the applicable Kaiser rate (i.e., single 2-party; or family) even if the employee subsequently enrolls in a different City sponsored health plan.
24.2.6 Meet & Confer: The Parties agree to meet and confer with the City, commencing no sooner than January 1, 2017. The negotiations shall be on developing comparable and less expensive health plan options as a means of reducing or ensuring that the City shall not be required to pay any penalties associated with the Excise Tax. This meet and confer process will be subject to normal rules of collective bargaining, including applicable impasse, strike or lock-out procedures.
Any changes resulting from a review of employee health insurance or other health related benefits will be subject to meet and confer between the Union and the City, except as otherwise provided in Section 24.5 (Change in Insurance Carrier).
24.3 Dental Coverage
The City shall provide a dental care program for employees who are not excluded from such benefit by Chapter 4.04.120 of the Berkeley Municipal Code (Personnel Ordinance) which is attached hereto as Exhibit C (City of Berkeley Municipal Code Chapter 4.04.120) and made a part hereof. The present level of benefits under the Dental Program shall be maintained at City expense for the duration of this Memorandum. Dental benefits are extended to full-time employees, spouse of the employee or domestic partner, and IRS dependents up to age 26.
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24.3.1 Effective January 1, 2000, the dental plan is improved from 90% coverage to 100% coverage.
24.3.2 Effective January 1, 2003, the annual maximum dental benefit will be increased to $4000 per year, the lifetime maximum orthodontia benefit will be increased to $4000, and the annual cleanings will be increased from two (2) to four (4). Effective January 1, 2016, the number of annual cleanings will be decreased from four (4) to three (3).
24.4 Vision Coverage
Effective January 1, 2003, the City shall provide a Vision Care Program for employees covered by this Agreement. The annual maximums for this benefit are as follows:
Benefit Benefit Frequency
Exam 12-Months
Lenses 12-Months
Frames 24-Months
Contact Lenses** 12-Months
**Note: Benefits for Contact Lenses are in lieu of benefits for lenses and frames.
The maximum amount the City shall be required to pay for the Vision Care Program shall be the applicable Vision Services Plan ($25 Plan B) rate (i.e., employee only, employee plus spouse, employee plus one (1) child; employee plus family).
If during the term of this Agreement the premiums for such Vision Care Program are increased, the amount the City contributes shall increase no more than five percent (5%) above the previous calendar year’s contribution amount towards the payment of the monthly premium.
Recognizing that the “vision exam” portion of the Vision Care Program duplicates existing benefit provided under Medical Coverage Section 24.1 (Medical Coverage) and
24.2 (Maximum Medical Premium Payments), the Union and the City agree to revisit the Vision Care Program during the term of this Agreement with the expectation that it may be possible to identify a plan that provides a “Hardware Only” benefit (Lenses every 12-months; Frames every 24-months). Such “Hardware Only” plan shall be at a lower City and employee cost than the present Vision Services Plan ($25 Plan B).
24.5 Change in Insurance Carrier
Before the City acts to change an insurance carrier during the term of this Agreement, the City shall give the Union thirty (30) days notice of its intention to change carriers and shall, upon written request, meet with the Union to discuss the reasons for
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such change. The final determination of insurance carriers shall be at the sole discretion of the City.
24.6 Domestic Partner Coverage
If an employee chooses to complete and submit an Affidavit of Domestic partnership and sign up for medical and/or dental benefits for his or her domestic partner, the employee shall be subject to federal and state income tax withholding.
24.7 Part-Time Employees and Prorated Benefits
All career and grant-funded, benefited employees working less than full time shall receive prorated rather than full fringe benefits and shall pay, by payroll deduction, a pro rata portion of the health and dental insurance premiums.
24.8 Commencement of Medical, Dental, and Vision Benefits Medical, dental, and vision benefits shall begin the first day of the calendar month following the date of hire, and end the last day of the month an employee is in pay status.
24.9 Health Insurance In-Lieu Payments
Effective January 1, 2019, for employees who show proof of alternate medical coverage, the City will compensate the employee $576.00 per month, prorated for less than full-time employees, as provided in Section 24.7 (Part-Time Employees and Prorated Benefits). In order to include in-lieu payments in the regular rate of pay for the correct overtime calculation, the City must provide in-lieu payments on the bi-weekly payroll cycle. This benefit shall be frozen at this amount for the term of this agreement.
24.10 Group Life Insurance
Effective January 1, 2016, the City shall provide group life insurance, by a carrier of the City's choice, in the amount of $100,000 which shall include a standard accidental death and dismemberment provision of a like amount. In addition, the employee may purchase additional life insurance up to a maximum of $300,000 at a rate offered by the City’s insurance carrier and subject to any medical exam as required by the insurance carrier. Life insurance shall become effective the first day of the calendar month following the date of hire, and shall continue until the last day of the calendar month in a pay status.
24.11 Pre-Tax Status
When employees are required to contribute to the cost for medical, dental, or vision insurance, those contributions will continue to qualify as pre-tax expenses under the provisions of IRS Section 125.
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SECTION 25: RETIREE MEDICAL COVERAGE
The City and Union have agreed that the City will make available retiree health insurance coverage under certain terms and conditions described below. The retiree medical benefit described below is the plan tentatively agreed to during multi-union bargaining during the summer of 1998. The terms and conditions of this benefit shall be set forth in a separate document which shall contain a full plan description and shall control the administration of the retiree medical plan.
The City will begin to provide the retiree medical coverage set forth in this Section on July 1, 1998. An employee’s entitlement to any and all benefits provided by the City under this retiree medical cover plan are subject to the funding limitations set forth in sub-Section 25.8 (City Funding of Retiree Health Benefit).
25.1 Amendment of Retiree Health Premium Assistance Plan III, effective January 23, 1998, Restated and Amended effective March 22, 2011 Employees who retire on or after June 21, 2015, shall be permitted, at their discretion, to enroll in non-City sponsored health plans. After Council approval of the successor Memorandum of Understanding, the City shall amend the Retiree Health Premium Assistance Plan III as soon as practicable to allow enrollment in non-City sponsored health plans. In the event a retiree elects to enroll in a nonCity sponsored health plan, the City shall make medical insurance premium payments directly to the health insurance provider in an amount equal to what the City would contribute to the City sponsored health plan. Retiree shall be solely responsible for all aspects of the requirements to enroll in a non-City sponsored health plan and maintain eligibility for such a plan; the City’s sole obligation is to pay the medical insurance premium contribution required under this Section, as directed by the retiree to a non-City sponsored health plan. The City shall not be responsible for any excess cost differentials associated with the direct payment of premiums to non-City sponsored plans. The City will only make payments through its third party administrator to provide medical insurance premium payments for an individual plan and will not make payments for a group plan. The retiree and/or surviving spouse or domestic partner that enroll in non-City sponsored health plans shall be solely responsible for paying the administrative set up fee, the monthly administrative fee, and/or any other fees established by the third party administrator, and said fees will be deducted directly from the retiree’s monthly contribution. No cash payments will be paid directly to the retiree and/or the retiree’s spouse/domestic partner. There shall be no cash in lieu payments made under this benefit.
The City and the Union agree that the City will also amend the Retiree Premium Assistance Plan III to allow eligible retirees who retired prior to June 21, 2015 to enroll in a non-City sponsored health plan.
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City of Berkeley IBEW Local 1245
25.2 Eligibility
An employee is eligible for the retiree health insurance coverage set forth in subSection
26.2 (Provisional Appointments to a Higher Classification) below if he or she meets all the following criteria:
25.2.1 retires on or after July 1, 1998,
25.2.2 is vested with CalPERS,
25.2.3 has at least eight (8) years of CalPERS qualifying service with the City,
25.2.4 is at least age 55.
25.3 Pre Age 65 Retiree Health Insurance
25.3.1 Beginning July 1, 1998: The City shall make available health insurance coverage to the employee and his or her spouse or domestic partner. The City will pay on the employee’s behalf no more than $166.26 per month for an employee electing single party health coverage and no more than $332.52 per month for an employee electing two party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the following chart:
Years of CalPERS Qualifying Service Percent of City Contribution 8 30%
9 40%
10 50%
11 58%
12 66%
11 58%
12 66%
13 74%
14 82%
15 90%
16 92%
17 94%
18 96%
19 98%
20 100%
The employee will pay the difference between the City’s monthly contribution and the actual monthly insurance premium charged by the health plan he or she has elected for retiree medical coverage. If during the term of this Agreement, the premiums for such health insurance are increased, the
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amount the City contributes shall increase no more than 4.5% above the previous year’s contribution. No increases in the amount the City contributes shall occur before July 1, 1999. Thereafter, any increase in the amount contributed by the City will occur on July 1 each year thereafter.
25.3.2 Effective June 28, 2009: For employees who retire on or after June 28, 2009, the City will pay on the employee’s behalf no more than $358.19 per month for an employee electing single party health coverage and no more than $716.38 per month for an employee electing two party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the above-referenced chart.
25.3.3 Effective June 27, 2010: For employees who retire on or after June 27, 2010, the City will pay on the employee’s behalf no more than $424.31 per month for an employee electing single party health coverage and no more than $848.61 per month for an employee electing two party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the above-referenced chart.
25.3.4 Effective June 26, 2011: For employees who retire on or after June 26, 2011, the City will pay on the employee’s behalf no more than $468.40 per month for an employee electing single party health coverage and no more than $936.80 per month for an employee electing two party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the above-referenced chart.
25.3.5 Effective June 24, 2012: For employees who retire on or after June 24, 2012, the City will pay on the employee’s behalf no more than $589.48 per month for an employee electing single party health coverage and no more than $1,178.96 per month for an employee electing two-party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the above-referenced chart.
25.3.6 Effective June 23, 2013: For employees who retire on or after June 23, 2013, the City will pay on the employee’s behalf no more than $666.00 per month for an employee electing single party health coverage and no more than $1,332.01 per month for an employee electing two-party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the above-referenced chart.
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25.3.7 Effective June 22, 2014: For employees who retire on or after June 22, 2014, the City will pay on the employee’s behalf no more than $720.97 per month for an employee electing single party health coverage and no more than $1441.94 per month for an employee electing two-party coverage. The actual monthly amount of money the City will contribute on the employee’s behalf will be based on the employee’s total years of CalPERS service as provided in the above-referenced chart.
25.3.7.1 Retiree Health Premium Assistance Plan Benefit as of June 30, 2017:
As of June 30, 2017, the maximum amount the City will pay the health care service provider, which were increased in accordance with Section
25.3 (Pre Age 65 Retiree Health Insurance), total $1,517.40 for two party coverage for the retiree and spouse or domestic partner or $758.70 for single party coverage.
25.4 Retiree Benefits for Employees Age 65 and Over
Once an employee or retiree reaches age 65, he or she is eligible for Medicare.
As a result his or her eligibility for the retiree medical benefits set forth in subsection
25.3 (Pre Age 65 Retiree Health Insurance) ceases. On reaching age 65, the City will make available health insurance coverage in addition to Medicare. When an employee or retiree reaches age 65, the City will contribute no more than $50.00 per month on the employee’s behalf for single party health insurance coverage and no more than $100.00 per month for two party health coverage. If during the term of this Agreement, the premiums for such health insurance are increased, the amount the City contributes shall increase no more than 4.5% above the previous year’s contribution.
The City will take such actions under the provisions of Section 218(g) of the Social Security Act to permit employees who are not currently paying employee portion of the Medicare Tax with a one-time opportunity to choose to be covered by the Medicare Tax. If the employee chooses to be covered by the Medicare Tax the choice cannot be revoked at a later date.
The City shall include in its next actuarial request, the impact on the City if the City were to amend its Retiree Health Premium Assistance Plan III to provide the following benefit levels:
Single Party Health: $200.00
Two Party Health: $400.00
25.4.1 Retiree Health Premium Assistance Plan Benefit as of June 30, 2017:
As of June 30, 2017, the maximum amount the City will pay the health care service provider, which were increased in accordance with Section 25.4
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(Retiree Benefits for Employees Age 65 and Over), total $62.59 for two party coverage for the retiree and spouse or domestic partner or $31.30 for single party coverage.
25.5 Termination by City of Retiree Medical Benefit
Failure of the retiree or surviving spouse to pay their monthly share of the health insurance premium will result in termination of the retiree medical benefit and relieve the City of any further obligation to provide any further benefits under this Section.
25.6 Retiree Medical Benefit for Employees Retiring Between the Ages of 50 and 55 An employee who is at least 50 years of age, but less than 55, and has at least eight years of CalPERS qualifying employment with the City will retain eligibility for the retiree medical benefits provided in sub-Section 25.3 (Pre Age 65 Retiree Health Insurance) when the employee reaches age 55 if the employee is enrolled in a group health plan coverage from the date of his or her termination from City employment until the employee’s 55th birthday. If for any reason the employee has a lapse in group health care coverage the employee forfeits his or her eligibility for the retiree health plan benefits upon reaching age 55 and the City has no further obligation to provide any benefits under this Section to the employee and/or his spouse or domestic partner.
25.7 Employees Retiring with a CalPERS Approved Disability Retirement If an employee retires from the City before age 55 with a CalPERS approved disability retirement, the employee will retain eligibility for the retiree medical benefits provided in sub-Section 25.3 (Pre Age 65 Retiree Health Insurance) when the employee reaches age 55 if the employee is enrolled in a group health plan coverage from the date of his or her termination from City employment until the employee’s 55th birthday. If for any reason the employee has a lapse in health care coverage the employee forfeits his or her eligibility for the retiree health plan benefits upon reaching age 55 and the City has no further obligation to provide any benefits under this Section to the employee and/or his spouse or domestic partner.
25.8 City Funding of Retiree Health Benefit
City contributions to the retiree medical benefit will begin on July 1, 1998. Funding of this benefit will be set aside in a trust to be established by the City.
The retiree medical benefit will be funded by a charge of 0.25% of payroll in each year of this Agreement, so that contributions are at 1% of the payroll in the fourth year of the Agreement. The City will fund the benefit at approximately 1% of the payroll for every year thereafter with the intent of achieving a funding level of 70% after 30 years. The funding will be ongoing to maintain a 70% funding level thereafter.
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Effective June 28, 2009, a total charge of twenty six thousand, six hundred and forty ($26,640) of employee payroll will be charged in the final three years of the Agreement so that contributions are at 1.764% in the final year of the Agreement.
The purpose of the 0.764% increase in payroll contributions is to fund Pre Age 65 Retiree Health Insurance.
25.9 Actuarial Study
The Union understands and acknowledges that the City conducted an actuarial study to determine the percentage of payroll it needed to set aside each year and the rate of return of 7% it must achieve to fund the retiree health benefit provided in this Section. The City will conduct an actuarial study by an outside actuary of the retiree medical plan prior to June 30, 2002. After that time, the City will conduct an actuarial study by the outside actuary of the retiree medical plan every two to three years to review the funding status of the program. The outside actuary will be selected by mutual agreement of the parties. The Union and City agree that if the Actuary concludes that the City’s funding of this benefit by contribution of 1% of the payroll for all miscellaneous employees is insufficient to fully fund the retiree medical benefits, the City shall not be required to increase its funding for this benefit to more than 1% of the payroll for miscellaneous employees. In the event that there are insufficient funds in the trust to cover all retirees’ monthly health premiums, the City and the Union agree to meet and confer regarding the City’s distribution of its 1% contribution.
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ARTICLE 5 – TERMS AND CONDITIONS OF EMPLOYMENT
SECTION 26: PROBATIONARY PERIOD
26.1 Duration and Effect of Military Leave on Probationary Period Original and promotional appointments from employment lists shall be tentative and subject to a probationary period of: one (1) year (full time equivalent exclusive of all leave and light duty completed within 18 months) upon original appointment to the unit; employees promoted within the unit are subject to a probationary period of six (6) months (half time equivalent exclusive of all leave and light duty completed within one year); in addition, employees in trainee programs with specified training, evaluation or probation periods shall be governed by the applicable provisions of such program. Probationary employees who are granted military leaves of absence shall complete the balance of their probationary period within a period of six (6) months following their return to City service. No provision of this Section shall be interpreted to preclude the City from establishing new classifications, which may require a probationary period of more than six (6) months.
26.2 Provisional Appointments to a Higher Classification If, before completing the required probationary period, an employee is provisionally appointed to a higher class in the same or a related series of classes, the time served in such higher class shall be counted toward completion of the probationary period in the lower class.
26.3 Report Requirement
If the service of the probationary employee has been satisfactory to the department head, the department head shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such probationer in the service is desired. If such service has been unsatisfactory, the department head shall file with the Director of Human Resources such a statement in writing with the recommendation to the City Manager that the employee be rejected.
26.4 Rejection during Probationary Period
During the probationary period, an employee may be rejected at any time without right of appeal or hearing in any manner. An employee rejected from a position to which he has been promoted shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged as provided in Section 31 (Discharge). Career City employees who are rejected during their probationary period in a promotional position or fail to complete the training requirements of a training program (academics or OJT) shall revert to their prior classification.
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26.5 Rejections Subject to Disciplinary Appeal
A promoted employee may not grieve his or her rejection from probationary period/training. However, an employee disciplined for cause while on promotional probationary period shall have access to the disciplinary appeal procedure.
26.6 Probationary or Temporary Employee Assignments
No probationary or temporary employee will be assigned as the only ground worker with an Electrician until such employee has completed one (1) month of familiarization with aerial truck equipment.
SECTION 27: TRANSFER
A transfer may be made at any time by the City Manager. Transfer shall not be used to effect a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided elsewhere in this Memorandum Agreement. No person shall be transferred to a position for which he or she does not possess the minimum qualifications. An employee with permanent status who is transferred from one class to another class shall assume permanent status in the class to which the employee is transferred.
SECTION 28: PROMOTION
Insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion from within the competitive service after a promotional examination has been given and a promotional list established.
If, in the opinion of the City Manager, the best interests of the service can be served by an open, competitive examination instead of a closed, promotional examination, and if there is not already a promotional list for the higher position, which list has not been abolished and from which the vacancy could be filled, then the City Manager may instruct the Director of Human Resources to call for applications for the vacancy and arrange for an open, competitive examination and for the preparation and publication of an eligibility list.
Interview of Employees: A City employee who is on a closed promotional or open competitive list shall have the option to interview for the vacancy. A City employee who is unsuccessful and who so requests shall be advised of steps he or she may take to increase his or her competitive standing for future promotional opportunities.
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Employees who have qualified for promotional lists shall be considered for promotion based on the following factors: previous work performance, previous training and experience, merit, ability, and seniority.
SECTION 29: DEMOTION
The City Manager may demote an employee who so requests it, or whose ability to perform his or her required duties falls below standard, or for disciplinary purposes. No employee shall be demoted to a class for which he does not possess the minimum qualifications as determined by the Director of Human Resources.
Notice of the demotion shall be given the employee not later than four (4) weeks prior to the effective date of demotion and a copy of said notice filed with the Director of Human Resources. Any employee who has been demoted shall be entitled to receive a written statement of the reasons for such action.
An employee with permanent status who is demoted shall assume permanent status in the class to which he or she is demoted.
Upon request of the employee, demotion may be made to a vacant position as a substitution for layoff. In such cases, the employee shall be restored to his or her former position without further examination whenever such position is again to be filled.
SECTION 30: SUSPENSION
The City Manager may suspend an employee from his position at any time for the good of the service, for a disciplinary purpose, or for other just cause. Suspension without pay shall not exceed twenty (20) working days, nor shall any employee be penalized by suspension for more than twenty (20) days in any fiscal year. Any employee who has been suspended shall be entitled to receive a written statement of the reasons for such action.
For the good of the service, a department head may suspend an employee for not more than three (3) working days for any one offense. Such suspension shall be reported immediately to the City Manager.
SECTION 31: DISCHARGE
An employee may be discharged at any time by the City Manager, but if the probationary period has been completed then such discharge must be for just cause. Any employee
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who has been discharged shall be entitled to receive a written statement of the reasons for such action.
SECTION 32: RESIGNATION
An employee wishing to leave the competitive service in good standing shall file with the department head, at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Director of Human Resources with a statement by the department head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Failure of the employee to give the notice required shall be entered on the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give notice shall be reported by the department head immediately.
SECTION 33: REINSTATEMENT
A permanent or probationary employee who has resigned with a good record may be reinstated within two (2) years to his or her former position, if vacant, or to a vacant position in the same or comparable class without further competitive examination. This Section shall not be interpreted as a guarantee of reinstatement to an employee who has resigned with a good record and requests reinstatement within two (2) years.
SECTION 34: NOTICE OF TERMINATION
Department head shall notify the Director of Human Resources of all terminations of employment before or within two (2) days after the termination has taken place. Such notice shall be on forms provided by the Director of Human Resources and shall indicate the effective date and reasons for termination and a statement certifying whether or not the employee's services have been satisfactory.
ARTICLE 6 - GRIEVANCE AND DISCIPLINARY APPEAL
PROCEDURE
SECTION 35: GRIEVANCES
35.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been or may hereafter be adopted by the
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City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by the City Council to effect memorandum agreements which result from the meeting and conferring process.
A grievant may be any member of the bargaining unit covered by the terms of this Agreement, or the grievant may designate the Union to act on his or her behalf, or the Union itself may file a grievance on behalf of a member or group of members.
Grievances must be filed in a timely manner. Grievances that are filed by the Union on behalf of a member or group of members, or when a grievant designates the Union to act on his or her behalf, are subject to settlement at any step of the grievance procedure at the Union’s sole discretion.
A member of the bargaining unit that files a grievance where the Union is not representing or acting on the grievant’s behalf, may only utilize this grievance procedure through step 3. The Union retains the sole discretion to refer which, if any, grievances to move to arbitration.
The parties agree that disclosure to the other party of all relevant information available to them is critical to the successful resolution of grievances at the lowest possible step of the grievance procedure. The parties therefore agree to disclose to each other the relevant information in their possession related to the grievance. Further, the parties agree to comply with reasonable grievance related information requests from the other party in a timely manner.
35.2 Procedure
Grievances shall be processed in the following manner:
35.2.1 Informal Step: An employee who believes that he or she has a grievance (and / or the employee's steward or Union representative) may discuss the complaint with the Deputy Director of Public Works, or with such subordinate management official as the Deputy Director may designate.
If the issue is not resolved informally, the formal procedures hereinafter specified may be invoked.
35.2.2 First Formal Step: Any informal grievance which has not been resolved by the Deputy Director of Public Works or his or her designee, must be filed in writing to the Deputy Director of Public Works within thirty (30) days from the date the informal discussion was initiated. The written grievance must state specific issues involved, the decision rendered at the informal step, and the remedy sought. The Deputy Director or his or her designee shall have five (5) days to respond in writing to the formal, written grievance.
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35.2.3 Second Formal Step: Any formal grievance which has not been resolved by the Deputy Director of Public Works or his or her designee, may be referred to the Director of Public Works or his or her designee within thirty (30) days from the date of the Deputy Director's formal written response, or if more than five (5) days have elapsed since the grievance was presented at the Deputy Director's level.
35.2.3.1 Referral to Department Director: The grievance may be referred to the Director's level and shall include a copy of the original grievance, the decision rendered at the Deputy Director's level, and a clear, concise statement of the reasons for the referral.
The Director of Public Works may designate a personnel
representative to investigate the merits of the complaint, to meet with the complaining employee (and/or the employee's steward or Union representative); if the grievant is not the Union itself, to meet with the officials of the Union; and to settle such grievance or to make recommendations thereon to the City Manager in his or her capacity as an employee relations officer. The Director of Public Works shall issue a formal written decision within five (5) days of receipt of the grievance or if a meeting is held with the employee and his or her Union, the meeting must be held within ten (10) days of receiving the referral. The Director of Public Works or his or her designee shall issue a written decision within five (5) days from his or her meeting with the complaining employee and/or Union representative. If the issue is not resolved the
grievance may be referred to the Third Formal Step within thirty (30) days of receipt of the response from the Director of Public Works.
35.2.4 Third Formal Step: Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the grievant, the Union, or the Director of Public Works. Any such referral shall be in writing including a copy of the original grievance, the decision rendered at the Director's level, and a clear, concise statement of the reasons for the referral. The City Manager shall designate a Human Resources representative to investigate the merits of the complaint, and upon request from the employee or the union, that representative to meet with the complaining employee (and/or the employee's steward or Union representative), if the grievant is not the Union itself, to meet also with the officials of the Union, and to settle such
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grievance or to make recommendations thereon to the City Manager in his or her capacity as an employee relations officer.
The City Manager shall issue a decision within ten (10) days of receipt of the grievance referral or within ten (10) days of the meeting, or if a meeting is held with the employee and/or the Union, the meeting must be held within ten (10) days of the referral. Grievances filed by a bargaining member where the Union is not representing or acting on the grievant’s behalf, shall end at this step and no further right of appeal exists. The City Manager’s decision shall be final.
Union controlled grievances: If the issue is not resolved, the grievance may be referred to Arbitration by the Union pursuant to Section 35.2.5 (Arbitration: The Union retains the sole discretion to move a grievance to arbitration) below within thirty (30) days of receipt of the City Manager's response.
Provided further that the Union shall forward to the City the Union’s portion of the State Mediation and Conciliation Services (SMCS) fee within sixty (60) days of receipt of the City Manager’s response. Failure by the Union to meet this sixty (60) days deadline for both referral to Arbitration and payment of the SMCS fee shall be deemed as a full and complete waiver by the Union to appeal the City Manager decision to Arbitration and the City Manager decision shall be final and binding on all parties.
35.2.5 Arbitration: The Union retains the sole discretion to move a grievance to arbitration. Any grievance which has not been resolved by the procedures hereinabove set forth may be referred by the Union, or the City to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City, using the State Mediation and Conciliation Services (SMCS) to provide a list of five (5) arbitrators.
The City and the Union will alternately strike a name until one remains.
The remaining name will be the arbitrator. The fees and expenses of the arbitrator, the State Mediation and Conciliation Services (SMCS) and of the court reporter shall be shared equally by the Union and the City.
Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Arbitrator decisions on matters properly before them shall be final and binding on both parties.
The arbitrator may hear testimony, receive written briefs, interview witnesses, and conduct any investigation she or he deems appropriate, and shall render a final and binding decision to the parties which will end the formal grievance process.
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35.2.5.1 Arbitrator Jurisdiction: No arbitrator shall entertain, hear, decide, or make recommendations on any dispute involving a position over which a formally recognized employee
organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in Section 35 (Grievances).
35.2.5.2 No Modifications: Proposals to add to or change this Memorandum Agreement or written agreements or addenda
supplementary hereto shall not be arbitrable, and no proposal to modify, amend, or terminate this Memorandum Agreement, nor any matter arising out of or in connection with such proposal, may be referred for arbitration under this Section; and no arbitrator shall have the power to amend or modify or recommend amendment or modification of this Memorandum
Agreement or any written agreements or addenda
supplementary hereto or to establish or recommend
establishment of any new terms and conditions of
employment.
35.2.5.3 Timeliness of Award: No arbitrator will be selected hereunder who does not agree to render an award not later than thirty (30) calendar days after the close of the hearing. By mutual agreement between the City and the Union, the arbitrator may render an award immediately upon the conclusion of the
presentation of evidence.
35.3 EEO Complaints
Any grievance which in any way affects the implementation of the City's Equal Employment Opportunity Policy shall not be subject to arbitration. The decision as to whether or not implementation of the Equal Employment Opportunity Policy is in any way involved shall be made by the City Manager in his or her sole discretion.
If, in his or her judgment, any grievance which involves the Equal Employment Opportunity Policy, the Equal Employment Opportunity and Diversity Officer shall notify the Union to that effect in writing within seven (7) days of the date upon which the grievance is received in the Human Resources Department and, in such notification, refer to that Section of the Equal Employment Opportunity Complaint Investigation & Resolution Procedure which is involved; provided, however, that such notice may come at any time prior to arbitration if additional factors come to the attention of the Equal Employment Opportunity and Diversity Officer on the basis of which he or she considers it appropriate to change his or her original determination.
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35.4 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources. In such cases, no adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed or thirty (30) days from the date when an employee may reasonably be expected to have learned of said claimed violation. Only grievants which allege that employees are not being compensated in accordance with the rules, regulations, and resolutions of the City Council or in accordance with the understanding contained in any Memorandum Agreement which has resulted from the meeting and conferring process shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and, if not detailed in the memorandum agreement which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next open for such discussion.
35.4.1 Response Time Limits: The Director of Human Resources or his or her designee shall issue a decision in writing within twenty (20) days from the time he or she received the compensation grievance in writing. The grievant or the Union may refer the decision to the Third Formal Step (Section
35.2.4 - Third Formal Step) of this Memorandum Agreement) within twenty (20) days of receipt of the written decision.
35.5 Changes or Interpretations
No changes in this Memorandum Agreement or interpretation thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.
35.6 Extension of Timelines
Timelines noted in this Section may be extended for cause upon mutual agreement between the City and the Union.
35.7 Days
All references in this Section 35 (Grievances) to "days" shall mean normal working days except as otherwise noted.
35.8 Grievances Challenging Disciplinary Action
35.8.1 Any grievance involving any disciplinary action up to as three (3) day suspension will be filed at the Director level.
35.8.2 All grievances involving demotion, discharge, or suspension of greater than three (3) days will be filed at the City Manager's level of the grievance
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procedure. If the issue is not resolved within fifteen (15) days of referral to this step, the procedures hereinafter specified may be invoked.
35.8.3 No grievance involving the suspension or discharge of an employee will be entertained unless it is filed in writing with the City Manager within five (5) working days of the time at which the affected employee was notified of such action in writing. If the City Manager, in pursuance of the procedures outlined in Section 35.2.4 (Third Formal Step) above, resolves a grievance which involves suspension or discharge, he or she may agree to payment for lost time or to reinstatement with or without payment for lost time.
35.8.4 Arbitrator decisions on matters properly before them which pertain to the suspension or discharge of an employee shall be final and binding on both parties, to the extent permitted by the Charter of the City.
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ARTICLE 7 – GENERAL PROVISIONS
SECTION 36: GENERAL PROVISIONS
36.1 Personal Conduct
36.1.1 No employee shall accept appointment to the deputyship or assistantship of any county or state office or position, or otherwise incur an obligation of civil public service outside his or her regular municipal employment without first obtaining the recommendation of the head of his or her department and of the City Manager.
36.1.2 No employee shall be disciplined for off-the-job activities which do not affect his or her job performance.
36.1.3 Employees shall so arrange their personal financial affairs so that the demands of creditors and collection agencies shall not impose a recurring burden upon the offices of the City Manager, the department head, or the Director of Human Resources for the purpose of making collections.
36.1.4 Full-time City employees may not carry on concurrently with their public service any private business or undertaking, attention to which affects the time or quality of their work or which casts discredit upon or creates embarrassment for the City government.
36.1.5 No official or employee who wears a badge or other official insignia as evidence of his or her authority and identity shall permit such badge or insignia to be used or worn by any other person of the same or another department or otherwise to leave his possession without approval by the head of this department. The department head shall not grant such approval except as to persons regularly and formally appointed by the City Manager to the position designated by the badge or insignia.
36.2 Rain Gear
The City will provide rain gear for employees in Representation Unit C assigned to work in inclement weather.
36.3 Tools
Each employee shall continue to be responsible for providing tools of the trade or other equipment, but shall receive a flat annual tool replacement allowance each July 1.
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New employees hired before or after July 1 will be entitled to a prorated tool replacement allowance payable the following July 1 after employment.
36.3.1 Allowance: Effective July 1, 2015, the tool replacement is five hundred dollars ($500). Tool allowances shall be paid at the end of the fiscal year in which they are earned.
36.4 Shoes
Effective June 18, 2017, all classifications covered by this MA shall be eligible for reimbursement of up to two hundred dollars ($200.00) per fiscal year for the cost of safety shoes. Employees receiving this reimbursement must wear safety shoes on duty.
36.4.1 Reimbursement: Employees shall be required to submit a reimbursement request, along with receipts verifying the purchase of safety shoes within sixty (60) days of purchase. Reimbursements will be paid within forty-five (45) days of complete reimbursement requests.
36.5 Training
36.5.1 Responsibility: Responsibility for developing training programs for employees shall be assumed by the City Manager. Such training programs may include lecture courses, demonstrations, assignment of reading matter, or such other devices as may be available for the purpose of improving the efficiency and broadening the knowledge of municipal employees in the performance of their duties. The City shall endeavor to provide training for all new technology purchased by the City and maintained by members of this Agreement.
36.5.2 Advancement/Promotional Consideration for Special Training Courses: Participation in and successful completion of special training courses may be considered in making advancements and promotions.
Evidence of such activity shall be filed with the Director of Human Resources by the department head.
36.5.3 Mileage and Tuition Reimbursement: The City shall reimburse all employees for mileage and tuition expenses related for attendance at job-related courses. Provided that the employee must have prior authorization from his or her department head and the course has been approved by the City.
36.5.4 Education Leave: The City shall allow up to forty (40) hours off with pay per year to employees:
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36.5.4.1 Who are required to obtain a license (excluding Class C driver's licenses) issued by the State of California and, in order to do so, must take courses which were not offered as a part of their basic curriculum or,
36.5.4.2 Who are required to obtain continuing education as a condition of license renewal; provided the license is required by the City for the employment or continued employment of the employee and that no more hours than are required by the State shall be granted. Employees seeking time off to take courses for an initial license must provide verification that the course was not offered as a part of their basic curriculum.
Employees who take classes during non-scheduled work hours in order to retain a job required license or to meet continuing education requirements shall be allowed time off from work on an hour-for-hour basis without loss of compensation or other benefits.
36.5.4.3 To obtain education and training related to job skills to enhance performance, or to qualify for promotion, at the discretion of the department head.
36.5.5 Management/Union Meetings: The City and Union agree that it is beneficial to both parties to discuss and develop training for all classifications. The Director of Public Works and the Union shall meet on a quarterly basis to discuss and review progress made in addressing initial employee orientation, new equipment training, and vendor training.
36.5.6 Commercial Driver’s License: The City shall provide the necessary training for employees to obtain a California Class B driver’s license when such license is a requirement of their job classification and a condition of employment. Employees who fail to obtain the required California Class B driver’s license after training will be subject to rejection from the probationary period pursuant to Section 26.4 (Rejection during Probationary Period) of this Memorandum Agreement.
36.6 Use of Automobiles
The City Manager shall govern the use of City-owned automotive equipment and privately-owned automotive equipment by such rules and regulations as he or she may establish. Compensation shall be given in the form of a cash allowance for the use of private-owned automobiles on City business if such use has been
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authorized in advance by the City Manager. The cash allowance will be equal to the amount established by the Internal Revenue Service, and will change as necessary to comply with IRS Standard Mileage Rate.
36.7 Safety
36.7.1 Safety Committee: The City and the Union will make every effort to maintain excellent health and safety standards. No employee shall be required to perform work with unsafe equipment or in situations which are injurious to his or her health or safety. To further these purposes, the City shall maintain an ongoing safety program which shall include committees comprised of representatives from the Union and appropriate supervisory personnel.
36.7.2 Rainy Weather Assignments: The City shall endeavor to avoid assigning non-emergency, routine work in rainy weather, which would constitute a safety hazard.
36.8 YMCA Group Membership
The City shall offer employees a low or no-cost group membership in the Berkeley Central YMCA. As of July 1, 1999, the City will pay 75% of the membership fee.
If the monthly fee is increased to more than $60, the employee share will be capped at $30 per month; the City will pay the balance. The amount the City contributes toward the employee's monthly membership fee is subject to federal and state income tax withholding.
Use of the YMCA membership by a City of Berkeley employee, as provided for in this Agreement, is non-compensable, is not a part of the employee's work-related duties, is not required for employment and is not condoned as part of a physical fitness program, or required to remain top physical conditioning for the employee's job performance.
The City of Berkeley or its Claims Administrator may not be liable for any injury that arises out of a City of Berkeley employee's participation in and use of a YMCA membership.
36.9 Annual Performance Evaluation
The City may implement a program of annual performance evaluation. Such evaluations shall be conducted by the employee's immediate supervisor and reviewed by additional levels of supervision. Each employee may make written comments on the evaluation, which shall be made a part of the employee's personnel records.
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ARTICLE 8 - PUBLIC EMPLOYEES RETIREMENT SYSTEM
SECTION 37: PAYMENT OF EMPLOYEES' PERS CONTRIBUTIONS
37.1 Miscellaneous Designation
The City shall continue participation under the Miscellaneous Employees Plan of the California Public Employees' Retirement System, (CalPERS).
37.2 “Classic Employees” Definition
Classic Employees are defined as current employees and future employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA).
37.3 “New Member” Definition
“New Members are as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA), Government Code Section 7522.04(f).
37.4 CalPERS Retirement Formula for “New Members” as Defined Under the Public Employees’ Pension Reform Act of 2013 (PEPRA)
“New Members” as defined by PEPRA who are hired by the City on or after January 1, 2013 shall be entitled to the retirement formula set forth in PEPRA.
37.5 CalPERS Retirement Formula and Employer Paid Member Contribution for Classic Employees (i.e. current employees and employees who do not qualify as “New Members” under PEPRA)
Current employees and other employees who do not qualify as “New Members” under PEPRA shall continue to be entitled to the 2.7% at age 55 retirement formula benefit, and the City shall continue the contribution of eight percent (8%) to CalPERS on behalf of the employee.
37.6 CalPERS New Members Normal Share of Cost
New Members as defined by PEPRA who are hired on or after January 1, 2013 shall pay 50% of the normal share of cost required by PEPRA. New Members shall receive any other additional optional CalPERS benefits that the City provides to Classic Employees as allowed by PEPRA.
37.7 Reporting of Contributions
Effective July 3, 1994, contributions made pursuant to Section 37.5 above have been reported to CalPERS as "special compensation" as provided in Government Code Section 20636(c)(4) pursuant to Section 20691. Said contributions shall not apply in the case of temporary or provisional employees.
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The member contributions made by the City shall not be considered as a part of an employee's salary for the purpose of computing straight time earnings, compensation for overtime worked, or education incentive pay; nor shall such contribution be taken into account in determining the level of any other benefit which is a function of or percentage of salary. Pursuant to California Government Code Section 20691, the City shall not increase, reduce or eliminate payments of the normal contributions on behalf of the employee without engaging in the meet and confer process with the Union.
The City will not treat these contributions as compensation subject to income tax withholding unless the Internal Revenue Service or Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state or local tax liability of the employee that may arise out of the implementation of this Section or any penalty that may be imposed therefore.
37.8 City Contracts with CalPERS
The City’s contract with CalPERS includes the following optional benefits:
37.8.1 Classic Employees – One Year of Final Compensation: Classic Employees as defined in Section 37.2 (“Classic Employees” Definition) above and as provided in Government Code Section 20042 (July 9, 1978).
37.8.2 New Members – Three Years Final Compensation: Provided further that New Members as defined by PEPRA hired on or after January 1, 2013 shall be eligible to receive retirement allowance based on three (3) highest consecutive years of compensation under the plan as provided under the California Public Employees’ Pension Reform Act of 2013, or as subsequently amended.
37.8.3 Post Retirement Survivor Allowance as provided in Sections 21624, 21626 and 21628 (December 16, 1973).
37.8.4 Post Retirement Survivor Allowance to Continue after Remarriage as provided in Section 21635 (July 18, 1986).
37.8.5 Credit for Unused Sick Leave as provided in Section 20965 (June 26, 1988).
37.8.6 1959 Survivor Benefits to Surviving Spouse at Age 60 as provided in Section 21580 (December 16, 1973).
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37.8.7 Third Level of 1959 Survivor Benefits as provided in Section 21573 (November 28, 1996).
37.8.8 2% @ 55 for Local Miscellaneous Members as provided in Section 21354 (June 30, 1992).
37.8.9 Military Service Credit as Public Service as provided in Section 21024 (April 9, 1999).
37.8.10 Public Service Credit for Peace Corps or AmeriCorps/VISTA Service as Provided in Section 21023.5 (April 14, 2000).
37.9 Index Level 1959 Survivor Benefit
The City intends to amend its contract with CalPERS to provide the Indexed Level of the 1959 Survivor Benefit as provided in Section 21574.5 when administratively feasible.
37.10 Classic Members’ Pension Contribution through 20516 a Contract Amendment
37.10.1 July 3, 2016: Effective July 3, 2016, employees will contribute one and one-quarter percent (1.25%) toward the City’s CalPERS employer share of pension through a 20516 CalPERS amendment that allows such contributions via automatic payroll deduction on a pre-tax basis, in exchange for the City granting the salary increase set forth in Section
11.1.5 (July 3, 2016 - Salary/PERS Exchange) of this MA. Such employee deductions by the City shall be used towards the City’s CalPERS required contributions.
37.11 New Members’ Pension Contributions through 20516 a Contract Amendment
37.11.1 July 3, 2016: Effective July 3, 2016, in addition to the contributions in Section 37.4 (CalPERS Retirement Formula for “New Members” as Defined Under the Public Employees’ Pension Reform Act of 2013 (PEPRA)), New Members will contribute one and one-quarter percent (1.25%) towards the City’s CalPERS employer share of pension through a 20516 CalPERS amendment that allows such contributions as pre-tax via automatic payroll deduction, in exchange for the City granting the salary increase set forth in Section 11.1.5 (July 3, 2016 - Salary/PERS Exchange) of this MA. Such employee deductions by the City shall be used towards the City’s CalPERS required contributions.
37.11.2 The parties recognize that the CalPERS 20516 amendment that allows employee contributions toward the employer rate is in addition to the
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required 50% of the normal cost of “New Members” benefits and made in consideration of additional salary increases in Section 11.1.5 (July 3, 2016 - Salary/PERS Exchange) above (a total of 1% salary increases in exchange for employees paying a total of 1.25% towards CalPERS pension cost).
As soon as administratively possible, following council approval of this agreement, the additional contribution of 1.25%, as indicated in Section
37.11.1, shall be eliminated through a contract amendment with CalPERS. The start of the first full pay period following completion of the contract amendment shall be the effective date of the reduction.
SECTION 38: SUPPLEMENTAL RETIREMENT/DISABILITY
INSURANCE PLAN
Effective January 1, 1983, the majority of miscellaneous employees under the City's contract with the State of California Public Employees Retirement System who were covered by the integrated Social Security Program voted to withdraw from participation in the Federal Social Security Program. In lieu of Social Security payments, the City has agreed to pay an amount equal to that percent of individual pay (6.7% payable on the first $32,400 of salary paid in the calendar year) which had been paid by the City to Social Security as of December 31, 1982 to a Supplemental Retirement and Income and Long Term Disability Insurance Plan for those employees previously covered under the integrated PERS/Social Security Plan. Provisions of this plan are described in Berkeley Municipal Code Chapter 04.36.101 (Supplemental Retirement and Income Plan I) as amended and Berkeley Municipal Code Chapter 04.38.101 (Supplemental Retirement and Income Plan II) as amended. All employees hired after July 22, 1988 are in SRIP II.
All employees hired prior to July 22, 1988 are in SRIP I unless they chose to enroll in SRIP II prior to December 17, 1988.
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ARTICLE 9 - LAYOFF PROCEDURE
SECTION 39: LAYOFF
The layoff policy for the City of Berkeley is intended to provide the maximum employment protection of the City staff should a layoff become necessary. The policy also aims to minimize the impact such a layoff might have on the City's affirmative action accomplishments.
39.1 Announcement of Layoff
39.1.1 Notification: The City Council, City Manager, and department head shall make every reasonable effort to manage and budget the City's resources effectively and to plan for the delivery of City services in a manner which will avoid the necessity of laying off career City employees. If a reduction in the work force for more than thirty (30) calendar days is necessitated by, but not limited to, the following: a material change in duties and organization, adverse working conditions, return of employee from leave of absence, or shortage of work or funds, the City Manager shall notify the Director of Human Resources of the intended action and the reason for the layoff.
39.1.2 Freezing of Vacancies: Immediately following a decision which may involve the potential layoff of career City employees, the City Manager shall freeze all current City vacancies in the competitive service in similar and related classifications to those likely to be targeted for layoff, as well as all related full-time, benefited, temporary positions which are expected to last six (6) months or more, and notify all department heads that such current and anticipated vacancies will be frozen until further notice in order to implement the provisions of Section 39.6 (Flexible Placement Program).
39.2 Seniority Service Date
39.2.1 All service in the employ of the City shall be counted toward the establishment of an employee's seniority service date, including, for example, permanent, probationary, provisional, temporary (full-time and intermittent), seasonal, and exempt employment, as well as leaves of absence for obligatory military service while an employee of the City.
Less than full-time service will be consolidated in equivalences of full- time service for the purpose of establishing the seniority service date.
Time off as a result of formal disciplinary action will be subtracted from the seniority service date.
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39.2.2 The auditor's office will maintain up-to-date and current seniority dates for all City employees holding probationary and permanent appointments.
39.3 Establishment of Seniority Lists
39.3.1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification seniority lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate probationary and permanent seniority lists for each classification targeted for layoff.
39.3.2 The names of all City employees holding permanent and probationary appointments in a given classification will be listed on the appropriate list in descending order by seniority service date. Employees on both lists shall be laid off on the basis of their seniority service date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the probationary seniority list for a specific classification will be laid off prior to employees on the permanent seniority list for that classification.
39.3.3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will only be listed on a seniority list of the classification in which they hold permanent or probationary status targeted for layoff.
39.3.4 If two (2) or more employees on a seniority list have an identical seniority service date, the tie shall be broken in the following order:
39.3.4.1 Time in classification - the employee having least time in the classification shall be released first;
39.3.4.2 By lot.
39.4 Employee Retreat Rights
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39.4.1 Before an employee with permanent or probationary status may be released from employment with the City of Berkeley, the Human Resources Department must consider the employee's right to retreat to lower level classifications through which he or she was originally promoted or any subsequently created intermediate level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted through a classification but for whom the classification is a natural progression or beginning in the classification series.
39.4.2 In the process of retreating, the same rules concerning the length of service, classification seniority lists, etc., apply as in the first stage of the layoff process. In order to retreat, the targeted employee must be higher on the seniority list for the classification into which he or she is retreating than at least one of the incumbents on the probationary or permanent seniority list for that classification.
39.4.3 If an employee is qualified for retreat into more than one classification with comparable salary ranges, or if a vacancy exists in a classification to which an employee is entitled to retreat, the options shall be discussed with the employee and due consideration shall be given to the employee's preferences. However, it is the prerogative of the City Manager to determine the final placement offer to the employee.
39.4.4 The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his or her present salary range. An employee involved in layoff does not have a right of mandatory placement to positions with a higher salary range, i.e., promotion.
39.5 Employee Notification
39.5.1 Emergency, temporary, intermittent, seasonal, etc., employees shall be notified individually, in writing, of pending layoff as soon as possible, but no definite time period is required. However, at least two (2) weeks notification is desirable if possible.
39.5.2 Provisional employees shall be notified individually, in writing, of pending layoff as soon as possible, with no less than fifteen (15) calendar days notification if targeted for release or reassignment.
39.5.3 Permanent, probationary, and career-exempt employees should be notified individually in writing of pending layoffs as soon as possible, with no less
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than thirty (30) calendar days notification if targeted for release or reassignment.
If an employee fails to accept a bona fide offer of reassignment within ten (10) calendar days after the offer has been made, he or she forfeits further right to employment retention. Acceptance of a reassignment does not remove the right of appeal under Section 39.9 (Appeal Procedure).
35.5.4 An employee who is transferred in lieu of layoff when his or her position has been eliminated shall have automatic return rights to the previous position if it is restored within one (1) year of the date of the transfer. If an employee with a full time position is offered a reduction in hours in that position or in a lower classification, the employee may elect to be targeted for layoff for purpose of consideration under Section 39.6 (Flexible Placement Program.) If there is no flexible placement available for the employee, the employee may accept the reduction in hours, in lieu of layoff.
39.6 Flexible Placement Program
39.6.1 In order to minimize the negative impact of layoff, the City Manager will, as previously stated in Section 39.1.2 (Freezing of Vacancies), impose a citywide freeze on all appropriate vacancies as soon as it has been determined that a layoff of career City employees may be necessary.
39.6.2 Following the release of all emergency, temporary, and provisional employees in classes similar to those targeted for layoff, and as soon as employees targeted for layoff have been identified and the provisions under Sections 39.4 (Employee Retreat Rights) have been carried out, the Human Resources Department will review and identify the frozen vacant classifications into which employees ultimately targeted for layoff may be placed on the basis of total experience and education. In making this decision, a waiver of minimum qualification standards, and/or the substitution of related experience and education may be made, with an understanding on the part of management and supervisory personnel that adequate on-the-job training, which can be completed within no more than six (6) months, will be provided to facilitate job adjustment and to compensate for the waiver of qualification standards if that has occurred.
This shall be called the qualification period. The employee shall be advised of their progress after two months and four and six months in the new classification. If at the end of the qualification period the department head notifies the Human Resources Department that the employee is
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unable to adequately perform the assignment or fails a test for the position administered by Human Resources then the employee shall be subject to the layoff process.
39.6.3 Assignments under the Flexible Placement Program shall be limited to positions in the same or lesser salary range as the classification from which the employee is to be laid off, except that the City Manager may authorize the offer of a flexible placement to position with a maximum salary of no more than five (5) percent above the salary range as the classification from which layoff is targeted, when it is in the best interest of the City service to do so. Whenever flexible placement is made to a classification with a greater salary range, the appointment shall be probationary, in accordance with the terms of that classification.
39.6.4 Offers to positions under the Flexible Placement Program shall be made according to seniority service date and in accordance with the probationary and permanent seniority list certification process outlined in Section 39.3 (Establishment of Seniority Lists). All offers and placements made under this provision of the layoff policy shall be documented in detail, with records available for audit and review at all times.
39.6.5 If an employee fails to accept a bona fide written offer of an alternative job within ten (10) calendar days after the offer has been made, he or she forfeits further rights to employment retention. Acceptance of an alternative job under the Flexible Placement Program in no way jeopardizes an employee's standing on the reemployment priority lists on which his or her name has been placed in accordance with Section 39.7 (Reemployment Lists).
39.7 Reemployment Lists
39.7.1 The names of all probationary and permanent employees released from positions in the competitive service as a result of layoff must be placed on reemployment priority lists for those classifications from which they were separated, as well as all other classifications to which they have retreat rights in accordance with Section 39.4 (Employee Retreat Rights).
39.7.2 A reemployment priority list shall remain in effect for three (3) years.
39.7.3 Departments with vacancies in any classification for which there is an active reemployment priority list must use the reemployment priority list to fill their positions and may not use any other recruitment or appointment
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method to fill a vacancy until appropriate reemployment lists have been exhausted.
39.7.4 When a vacancy occurs in a class for which there is a reemployment priority list, the name of the employee on the appropriate reemployment priority list with the highest seniority date shall be certified to the selecting official. Employees so certified from the reemployment priority list must be appointed to the existing vacancy.
39.7.5 If a former employee fails to accept a bona fide written offer of reemployment within fifteen (15) calendar days, his or her name will be removed permanently from the reemployment priority list from which the offer was made. Failure to accept an offer of reemployment to the classification with the highest salary range for which the employee is eligible for reemployment will result in automatic removal from all reemployment priority lists. However, the employee may decline (or accept) reemployment to lower salary range classifications without jeopardizing his or her standing on the reemployment priority list for the classification from which he or she was originally terminated.
39.7.6 Upon reappointment to the classification from which the employee was originally separated or demoted, the employee has the right to be placed at the step of the salary range which the employee held at the time of layoff or demotion.
39.8 Career Exempt Employees
Only those employees holding full-time, benefited, exempt positions, who in the past have achieved permanent status and have been continuously employed without a break in service between their career and exempt appointment, have the right to retreat to previously held career classifications, placement on the reemployment priority lists, and all other provisions governing layoff procedures. For the purpose of layoff, such employees shall be referred to as "career-exempt."
39.9 Appeal Procedures
Any permanent, probationary, or career-exempt employee who is laid off, demoted, or reassigned as a result of layoff who believes that the layoff procedure has been improperly administered as it pertains to the employee's case may appeal the action under Section 35 (Grievances). In addition, employees may, at all times before, during, and subsequent to layoff, review all records, including seniority lists, reemployment priority lists, documentation pertaining to appointments under the Flexible Placement Program, etc., which pertain to their classification and their rights under the provisions of the layoff policy.
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39.10 Reemployment Priority Rights
If it is determined that a vacancy has been filled by a non-reemployment priority list eligible in a classification for which a reemployment priority list existed and which included available applicants at the time, the former employee with reemployment rights shall be hired and given retroactive pay from the date that the vacancy occurred. The employee who was originally hired to fill the vacancy shall continue to be retained in City employment, provided he or she has completed the probationary period.
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SIGNATURE PAGE
Executed this ___ day of _______, 2022, by the Employer and Employee representatives whose signatures appear below for their respective organizations.
FOR INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL 1245 FOR THE CITY OF BERKELEY Bob Dean, Business Manager Dee Williams-Ridley, City Manager Charley Souders, Business Representative
(Chief Negotiator)
Donald Ellison, Interim Director of
Human Resources
Greg Marwick, Steward Dawud Brewer, Employee Relations Manager (Chief Negotiator)
Ryan Schaffler, Negotiation Committee Joy Brown, Operations Manager Public Works
Amani Manning, Assistant Human
Resources Analyst
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EXHIBIT A - Hourly Salary Schedule
As of August 7, 2022 (3.0% Salary Increase)
Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 32020 C COMMUNICATIONS TECHNICIAN N 0 0 48.2945 50.6173 52.9270 52180 C ELECTRICAL PARTS TECHNICIAN N 0 35.3125 37.5934 39.5648 40.5647 51030 C ELECTRICIAN N 0 0 48.2945 50.6173 52.9270
51100 C LEAD COMMUNICATION TECHNICIAN N 0 0 51.6314 53.9685 56.5598 51080 C LEAD ELECTRICIAN N 0 0 51.6314 53.9685 56.5598
As of July 7, 2023 (3.0% Salary Increase)
Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 32020 C COMMUNICATIONS TECHNICIAN N 0 0 49.74.33 52.1358 54.5148 52180 C ELECTRICAL PARTS TECHNICIAN N 0 36.3719 38.7212 40.7517 41.7816 51030 C ELECTRICIAN N 0 0 49.7433 52.1358 54.5148
51100 C LEAD COMMUNICATION TECHNICIAN N 0 0 53.1803 55.5876 58.2566 51080 C LEAD ELECTRICIAN N 0 0 53.1803 55.5876 58.2566
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As of July 9, 2024 (1.0% Salary Increase)
Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 32020 C COMMUNICATIONS TECHNICIAN N 0 0 50.2407 52.6572 55.0599 52180 C ELECTRICAL PARTS TECHNICIAN N 0 36.7356 39.1084 41.1592 42.1994 51030 C ELECTRICIAN N 0 0 50.2407 52.6572 55.0599
51100 C LEAD COMMUNICATION TECHNICIAN N 0 0 53.7121 56.1435 58.8392 51080 C LEAD ELECTRICIAN N 0 0 53.7121 56.1435 58.8392
Note: Employee's monthly salary will depend upon the number of hours worked. Employees hired before January 9, 2000, have an option (discussed in detail in Exhibit E (Hours and Days of Work) to work either a 37.5-hour work week or a 40-hour work week. Employees hired after January 9, 2000 work a 40-hour per week schedule.
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EXHIBIT C
CITY OF BERKELEY
MUNICIPAL CODE CHAPTER 4.04.120
4.04.120 Exemption from Career Service (At-Will Employees).
The provisions of this chapter shall apply to all positions in the service of the city except:
A. The city manager, assistant city manager, deputy city manager, assistant to the city manager, police review commission officer, police review commission investigator, and assistant to the mayor;
B. Assistant, associate and senior management analyst when appointed to the city manager's department or to the Budget Unit of the Management and Administrative Services Agency; and secretary to the mayor, administrative secretary and secretary when appointed to the mayor's office;
C. All department heads, health officer, and supervising psychiatrist;
D. Persons employed seasonally in the summer camps;
E. Persons employed as reserve or emergency employees during the period of national emergency as provided in the ordinance creating such employment;
F. All persons who are paid at an hourly rate with the exception of library aides. Persons appointed as hourly Library Aides shall be part of the career service with the exception of those hired to fill temporary positions of six months or less.
Persons appointed to these positions which are exempt from the career service shall serve at the pleasure of the appointing authority and may be demoted, suspended, or otherwise rejected at any time without cause and without right of appeal or hearing in any manner. Except that, any employee in the career service promoted or transferred to a position not included in the career service and made exempt from the career service shall be reinstated to his or her career appointment from which he or she was promoted or transferred if within six months of appointment to a position not included in the career service, action is taken to dismiss him or her, unless charges are filed and the employee is discharged in accordance with this chapter and the rules established hereunder for positions in
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the career service. All employments designated in this Section shall be entitled to only those benefits provided for at-will employees in the personnel rules and regulations or in applicable memoranda agreements.
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EXHIBIT D – Service Vacation Leave
Years During Which
Service Rendered Number of Years of Service
AUTHORIZED
ANNUAL VACATION
LEAVE (IN
CALENDAR WEEKS)
All years prior to
01/01/1950
2 01/01/1950 through
12/31/1956
First 10 years of service
Years of service in excess of 10
2 3
01/01/1957 through
12/31/1961
First 5 years of service
6 through 25 years of service
Years in excess of 25
2 3
4 01/01/1962 through
12/31/1965
First 5 years of service
6 through 20 years of service
Years of service in excess of 20
2 3
4 01/01/1966 through
06/30/1970
First 5 years of service
6 through 20 years of service
21 through 25 years of service
Years of service in excess of 25
2 3
4 5
Subsequent to 06/30/1970
First 5 years of service
6 through 15 years of service
16 through 25 years of service
Years of service in excess of 25
2 3
4 5
Effective 01/01/1981
First 4 years of service
5 through 12 years of service
13 through 20 years of service
2 3
4 Effective 07/01/1984
First 3 years of service
4 through 11 years of service
12 through 17 years of service 18
and subsequent years of service
2 3
4 5
Effective 12/08/1987
First 3 years of service
4 through 11 years of service
12 through 17 years of service
18 through 24 years of service 25
and subsequent years of service
2 3
4 5
6
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EXHIBIT E - HOURS AND DAYS OF WORK
The hours and days of work applicable to employees in Representation Unit C, as set by the City Manager, are presently as follows:
1. Hours per Day
Field Operations: Working arrangements may vary as to daily schedules under the reduced workweek.
Flexible Hours: On a job-by-job basis, with prior approval of the Senior Electrical Supervisor, a crew may schedule a workday, or workdays, other than the normal workday schedule of 7:00 a.m. to 3:30 p.m.
2. Hours per Week (Basic)
Field Operations: 40 hours. However, employees in Representation Unit C as of January 9, 2000 have the option of retaining a 37.5-hour per week work schedule. An employee will have an option to change his work schedule to 40 hour per week at the beginning of a payroll period.
An employee will have a one-time option to revert to a 37.5 hour per week work schedule at the beginning of a payroll period. After exercising this one time option, if the employee chooses to change his work schedule to 40 hours per week, the employee must maintain this work schedule for the balance of his career in this Representation Unit. All persons hired on or after January 9, 2000 will work a 40- hour per week schedule and will not be permitted to change his or her work schedule to 37.5 hours per week.
The parties may agree in writing to alternative work schedules other than those set forth in this Agreement, such as a 9-80 work schedule which produces an 80-hour pay period with the hours worked in nine work days. The City will take into consideration its operational needs, including the impact of potential overtime, in deciding whether to approve an alternate work schedule. However, such alternate work schedule will not be unreasonably denied.
3. Work Week
The work week will begin at 12:01 a.m., Sunday and end at Saturday midnight.
Regular days off will be considered to be Saturday and Sunday.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
EXHIBIT F - IMPLEMENTING THE REDUCED WORK
SCHEDULE
NOTE: This Exhibit F applies only to employees hired before January 9, 2000 who are permitted to work a 37.5 hour per week work schedule subject to the conditions set forth in Exhibit E (Hours and Days of Work).
The City and the Union agree that the implementation of the reduced work schedule which is to be effective June 29, 1986 will be as follows:
That one-fourth of the Electrical Division employees will be off every fourth Monday on a staggered basis. This time would be treated as a scheduled day off and could not be adjusted or moved. A yearly schedule would be set up at the beginning of the year so that each employee would know what days he would have off. Since the agreed upon reduced work schedule does not calculate evenly into one day off every four weeks, it is proposed that an additional day off (Friday) be given once every 16 weeks. This agreement very closely approximates the reduced work schedule. Any discrepancies would be credited to the employee’s vacation at the end of the contract year.
For Fair Labor Standards Act purposes, the workweek is defined as 40 hours.
Sick leave, vacation, and other compensable leaves of absences shall be based on the 40 hour work week.
When a scheduled day off falls on a holiday, the next regularly scheduled work day shall be observed as the scheduled day off.
2022-2025 Memorandum Agreement
City of Berkeley IBEW Local 1245
EXHIBIT G
DIRECTIVE PROHIBITING UNAUTHORIZED CONSTRUCTION
RESOLUTION NO. ##,###-N.S.
APPROVING A NEW CLASSIFICATION AND SALARY RESOLUTION FOR INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 AND RESCINDING RESOLUTION NO. 69,962-N.S.
WHEREAS, the City Council has approved a new three-year Memorandum Agreement with International Brotherhood of Electrical Workers, Local 1245 which includes salary increases; and
WHEREAS, it is necessary for the City Council to adopt a new Classification and Salary Resolution to reflect the salary adjustments reflected in the new Memorandum Agreement.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley adopts a new Classification and Salary Resolution for employees in Representation Unit C (Electrical Occupations) effective July 1, 2022 through June 30, 2025 to incorporate changes to the salary schedule as shown in Exhibit A (August 7, 2022) attached hereto and made a part thereof.
BE IT FURTHER RESOLVED that Resolution No. 69,962-N.S. is hereby rescinded.
Exhibit
A: International Brotherhood of Electrical Workers, Local 1245 Classification/Salary Resolution Period: August 7, 2022 through June 30, 2025
EXHIBIT A - Hourly Salary Schedule
As of August 7, 2022 (3.0% Salary Increase)
Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 32020 C COMMUNICATIONS TECHNICIAN N 0 0 48.2945 50.6173 52.9270 52180 C ELECTRICAL PARTS TECHNICIAN N 0 35.3125 37.5934 39.5648 40.5647 51030 C ELECTRICIAN N 0 0 48.2945 50.6173 52.9270
51100 C LEAD COMMUNICATION TECHNICIAN N 0 0 51.6314 53.9685 56.5598 51080 C LEAD ELECTRICIAN N 0 0 51.6314 53.9685 56.5598
As of July 7, 2023 (3.0% Salary Increase)
Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 32020 C COMMUNICATIONS TECHNICIAN N 0 0 49.7433 52.1358 54.5148 52180 C ELECTRICAL PARTS TECHNICIAN N 0 36.3719 38.7212 40.7517 41.7816 51030 C ELECTRICIAN N 0 0 49.7433 52.1358 54.5148
51100 C LEAD COMMUNICATION TECHNICIAN N 0 0 53.1803 55.5876 58.2566 51080 C LEAD ELECTRICIAN N 0 0 53.1803 55.5876 58.2566
As of July 9, 2024 (1.0% Salary Increase)
Job
Code
Rep
Unit
Classification Title FLSA Step 1 Step 2 Step 3 Step 4 Step 5 32020 C COMMUNICATIONS TECHNICIAN N 0 0 50.2407 52.6572 55.0599 52180 C ELECTRICAL PARTS TECHNICIAN N 0 36.7356 39.1084 41.1592 42.1994 51030 C ELECTRICIAN N 0 0 50.2407 52.6572 55.0599
51100 C LEAD COMMUNICATION TECHNICIAN N 0 0 53.7121 56.1435 58.8392 51080 C LEAD ELECTRICIAN N 0 0 53.7121 56.1435 58.8392
CITY OF BERKELEY / IBEW, Local 1245
2022 MOU NEGOTIATIONS
CITY COMPREHENSIVE PROPOSAL #1 – July 13, 2022
The Parties have reached a Tentative Agreement on the terms below and agree that all other MOU provisions will remain the same. This Tentative Agreement is subject to the ratification of the IBEW, Local 1245 membership and adoption by the City Council.
I. SALARIES
11.1 Salary Rates
Salary rates for the period of June 30, 2022 July 1, 2022 through June 30, 20252 , for all classes of positions in Representation Unit C shall be set according to the classifications and salary ranges assigned to those classifications listed in Exhibit “A” and attached hereto and made part hereof.
11.1.1 Salary Increase upon Coun cil Approval: Effective July 1, 2022 , t The salary ranges for theose classification covered by this Agreement as listed in Exhibit A will receive a salary increase of eight percent (8.0%) and shall be show in Exhibit A.as follows:
Effective the first full pay period following council approval , the salary ranges for the classification covered by this Agreement as listed in Exhibit A will receive a sa lary increase of three percent (3.0%).
Effective July 9, 2023, the salary ranges for the classification covered by this Agreement as listed in Exhibit A will receive a salary increase of three percent (3.0%).
Effective July 7, 2024, the salary ranges for the classification covered by this Agreement as listed in Exhibit A will receive a salary increase of one percent (1.0%).
11.1.2 One-Time Payment : A one -time non -pensionable lump sum payment of $1,000.001000.00 for each career bargaining unit employee in this unit shall be conferred and paid the first full pay period after council approval [TBD]on July 13, 2022. Eligible employees must be current City employees in paid status for the full pay period this lump sum is conferred and shall not apply to unit members who are in unpaid status. Such payment shall be subject to required payroll tax deductions. The parties agree that tThis lump sum provision does not create or bind the City to any precedent or past practice.
If during any fiscal year during the term of this agreement, the City reaches agreement with the largest bargaining unit or extends the unrepresented employees an across the board Cost of Living Adjustment (COLA) increase, wage increase, lump sum payment, or other benefit increase the City agrees to apply these same increases to the salary ranges and/or benefits for those classifications covered by this MA as listed in Exhibit B.
DocuSign Envelope ID: 56C1B0AA-F09F-4304-A5F7-7269E0A355D5
II. State Electrician Certification Premium
11.20 State Certification Premium (New Section)
An employee who possesses and maintains a “General Electrician” state certification from the Department of Industrial Relations shall receive an additional three percent (3%) to their base rate of pay. The City shall retain the right to add the general electrician state certification as a minimum qualification for the Electrician and Lead Electrician classifications. If the certification is made a minimum qualification, active employees, employed in classifications within this unit at the time of implementation, shall be exempt from this qualification for the remainder of their employment.
III. 37.11 New Members’ Pension Contributions through 20516 a Contract Amendment
37.11.1 July 3, 2016: Effective July 3, 2016, in addition to the contributions in Section 37.4 (CalPERS Retirement Formula for “New Members” as Defined Under the Public Employees’ Pension Reform Act of 2013 (PEPRA)), New Members will contribute one and on e-quarter percent (1.25%) towards the City’s CalPERS employer share of pension through a 20516 CalPERS amendment that allows such contributions as pre -tax via automatic payroll deduction, in exchange for the City granting the salary increase set forth in S ection 11.1.5 (July 3, 2016 - Salary/PERS Exchange) of this MA. Such employee deductions by the City shall be used towards the City’s CalPERS required contributions.
37.11.2 The parties recognize that the CalPERS 20516 amendment that allows employee cont ributions toward the employer rate is in addition to the required 50% of the normal cost of “New Members” benefits and made in consideration of additional salary increases in Section 11.1.5 (July 3, 2016 - Salary/PERS Exchange) above (a total of 1% salary increases in exchange for employees paying a total of 1.25% towards CalPERS pension cost).
As soon as administratively possible, following council approval of this agreement, the additional contribution of 1.25%, as indicated in Section 37.11.1, shall be eliminated through a contract amendment with CalPERS. The start of the first full pay period following completion of the contract amendment shall be the effective date of the reduction.
For the City of Berkeley For IBEW, Local 1245
____________________________ _____________________________ Dawud Brewer Date Charley Souders Date
Employee Relations Manager Business Representative
DocuSign Envelope ID: 56C1B0AA-F09F-4304-A5F7-7269E0A355D5 7/20/20227/20/2022
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, Interim City Manager
Submitted by: Don E. Ellison, Interim Director of Human Resources Subject: Side Letter of Agreement – SEIU Local 1021 Maintenance and Clerical Chapters
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters to modify Section 31.3 of the Memorandum Agreement regarding the Pre-Age 65 Retiree Health Insurance. Effective 7/1/2022 through 6/30/2023, the City shall contribute an additional $200.00 toward both single and two-party rate for active employees who retire from city service and file such retirement within thirty (30) days of separation from the city with CalPERS. This enhanced retiree incentive shall continue until Section 31.4 become applicable.
FISCAL IMPACTS OF RECOMMENDATION
The Side Letter of Agreement will result in an expenditure of approximately $139,294.
The cost of the additional contribution can be absorbed in the current general fund.
CURRENT SITUATION AND ITS EFFECTS
As of July 19, 2022, there were approximately 447 employees in the SEIU Local 1021MC chapters in four (4) separate representational units (Unit D-Manual Operations; Unit J- Para-professional Employees – Police Department; Unit K1-Career Non-confidential Office and Clerical Employees; and K2-Supervisory Clerical Employees).
The SEIU Local 1021 MC Memorandum Agreement includes a provision that requires the City to pay on the employee’s behalf no more than $181.56 per month for an employee electing single party health coverage and no more than $363.12 per month for an employee electing two-party coverage.
BACKGROUND
On July 21, 2021, Council approved Resolution No. 69,963-N.S. authorizing the City Manager to execute a new Memorandum Agreement for the period June 27, 2021 through June 26, 2024 with the SEIU Local 1021MC. The current Memorandum of Understanding SEIU Local 1021MC and the City of Berkeley includes a reopener stating the parties
Side Letter of Agreement – SEIU Local 1021MC CONSENT CALENDAR July 26, 2022
agree that within 45 days of the implementation of the successor MOU, the City will request an actuarial analysis proposal as follows on July 1, 2022:
Effective 7/1/2022 through the end of the contract, the City shall contribute an additional $200.00 toward both single and two-party rate. This enhanced incentive shall continue until Section 31.4 become applicable.
Upon receipt of the actuary, the parties agree to meet and confer over the Unions proposal to impasse.
The City met with representatives of the Union and reached tentative agreement on a Side Letter of Agreement.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
The City and the Union have developed a good working relationship over the years and both parties strive to resolve issues fairly and amicably to meet each other’s mutual interest. The modifications set forth in this Side Letter of Agreement resolve issues important to the Union and the City, including treating employees fairly and equitably.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Don E. Ellison, Interim Director of Human Resources, 510-981-6807 Dawud Brewer, Employee Relations Manager, 510-981-6821
Attachments:
1: Resolution
Exhibit A: Side Letter of Agreement between the City of Berkeley and Service Employees International Union Local 1021 Maintenance and Clerical Chapters
RESOLUTION NO. ##,###-N.S.
SIDE LETTER OF AGREEMENT – SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021 MAINTENANCE AND CLERICAL CHAPTERS
WHEREAS, on July 26, 2022, the City Council adopted Resolution No. 69,963-N.S. that authorized the City Manager to execute and implement a three-year Memorandum Agreement with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters that set forth the wages, hours and other terms and conditions of employment for employees represented by the Union; and
WHEREAS, Section 31.3.1 Effective 7/1/2022 through 6/30/2023, the City shall contribute an additional $200.00 toward both single and two-party rate for active employees who retire from city service and file such retirement within thirty (30) days of separation from the city with CalPERS; and
WHEREAS, representatives of the City and representative of SEIU Local 1021 Maintenance and Clerical Chapters have met and conferred in good faith and have reached a tentative agreement on a Side Letter of Agreement to the Memorandum Agreement attached hereto as Exhibit A and made a part hereof.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute and implement the Side Letter of Agreement (Exhibit A), which is attached hereto and made a part of hereof with the SEIU Local 1021 Maintenance and Clerical Chapters pertaining to the specific sections set forth in the Side Letter of Agreement.
BE IT FURTHER RESOLVED that a copy of the executed Side Letter of Agreement will be filed in the Office of the City Clerk.
Exhibit A: Side Letter of Agreement between the City of Berkeley and SEIU Local 1021 Maintenance and Clerical Chapters
Human Resources Dept.
2180 Milvia Street Berkeley CA 94704 TEL: (510) 981-6800 TTY: (510) 981-6830 FAX: (510) 981-6860 WEB: www.CityofBerkeley.info/hr E-MAIL: [email protected] July 8, 2022
Sandra Lewis
Vice President of Representation
SEIU Local 1021
100 Oak Street
Oakland, CA 94607
Re: Letter of Understanding – Pre-65 Retiree Healthcare Contribution Dear Ms. Lewis:
This is to confirm the agreement reached between the City of Berkeley (the “City”) and Service Employees International Union, Local 1021 Maintenance & Clerical Chapters (the “Union”), regarding the above referenced matter. In accordance with Section 31.3.1 of the current memorandum of understanding (MOU) the parties met and conferred concerning the union’s proposal as follows:
SEIU Local 1021 Maintenance and Clerical Chapters Effective 7/1/2022 through the end of the contract, the City shall contribute an additional $200.00 toward both single and two-party rate. This enhanced retiree incentive shall continue until Section 31.4 become applicable.
Upon receipt of the actuary, the parties agree to meet and confer over the Union’s proposal to impasse.
The City and Union agrees as follows:
1. Effective 7/1/2022 through 6/30/2023, the City shall contribute an additional $200.00 toward both single and two-party rate for active employees who retire from city service, and file such retirement within thirty (30) days of separation from the city with CalPERS. This enhanced retiree incentive shall continue for those who retired in accordance with this enhanced benefit until Section 31.4 becomes applicable for that individual.
This Agreement does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of City departments or the City of Berkeley, except as expressly stated herein.
This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.
If this is your understanding of the agreement reached, please sign as indicated below.
Sincerely,
Dawud Brewer
Employee Relations Manager
Re: Letter of Understanding – Pre-65 Retiree Healthcare Contribution WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement.
AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Dee Williams-Ridley Sandra Lewis
City Manager Vice President of Representation
__________________________ __________________________
Dawud Brewer Peter Masiak
Employee Relations Manager East Bay Field Director
__________________________
APPROVED AS TO FORM: Jenny Seay
Clerical Chapter President
________________________
James Chang __________________________
Deputy City Attorney Danny Walker
Maintenance Chapter President
Susan Wengraf
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]
ACTION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Wengraf, Councilmember Kesarwani, Mayor Arreguin (Authors), Councilmember Taplin (Co-Sponsor)
Subject: Establishing Policy for Adequate Annual General Fund Contribution for Street Maintenance to Prevent Deterioration of Pavement Condition
RECOMMENDATION
Adopt a Resolution establishing a Council fiscal policy to allocate $8 million annually in General Fund monies for street maintenance, adjusted annually for inflation. The allocation will augment the existing General Fund street paving budget of $7.3 million, for a total of $15.3 million annually, adjusted for inflation. The policy allows for suspension in any year in which there is a budget deficit or emergency under two circumstances (1) the City Council draws upon $1 million (or more) from its Stabilization Reserve in order to adopt a final budget; or (2) a two-thirds vote of the City Council.
This policy is needed to ensure that deferred street maintenance is supported by an ongoing adequate General Fund contribution. Without adequate ongoing street maintenance funding, analysis shows that a one-time infusion of resources will only lead to a temporary improvement in the pavement condition.
FINANCIAL IMPLICATIONS
$8 million in General Fund revenues annually, adjusted annually for inflation using the greater of the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor statistics. Additional funding for street repaving should come from Excess Property Transfer Tax revenues above the baseline established in the City Council’s Fiscal Policies.
BACKGROUND
On May 10, 2022, The City Council approved the Strategic Asset Management Plan (SAMP) and the Asset Management Policy (AMP). The SAMP and AMP build on the recommendations of the Vision 2050 Task Force Report, Sustainable and Resilient Infrastructure, Creating a Better Future for Berkeley that City Council adopted on September 29, 2020. An important concept highlighted in the Vision 2050 report is that infrastructure, including streets, needs to be properly maintained.
Establishing Policy for Adequate Annual General Fund Contribution for Street ACTION CALENDAR Maintenance to Prevent Deterioration of Pavement Condition July 26, 2022
On May 24, 2022, City Council approved Councilmember Kesarwani’s Budget Referral for Street Maintenance for the biennial FY 2022-24 budget to fund an adequate allocation from the General Fund to prevent further deterioration of the City’s streets.
Studies show that $1 invested in pavement treatment early in the pavement’s useful life can save $8 spent on more expensive repairs later.1 Yet the City’s annual paving funding is far short of the needed amount to maintain our streets. To keep City streets at the current pavement condition index (PCI) requires increasing annual funding from approximately $7.3 million to $15 million.2 With the current level of annual funding, Berkeley’s PCI is expected to decline by 6 points (to a PCI of 51) in the next five years.3 The City dedicates approximately $7.3million annually to the maintenance of the City’s streets, or 92% of the replacement value. This is at the very low end of the maintenance funding benchmark. Given street condition is “at risk” and declining even more in the next five years, it is clear that the current level of maintenance funding is far short of what is required. Boosting annual funding to $15 million would result in a maintenance over replacement value of 1.84%, which is the mid-range of the benchmark for maintenance funding.4
The Metropolitan Transportation Commission rates Berkeley’s PCI as the 15th worst out of 101 cities in the nine counties MTC covers. These pavement conditions put pedestrians and bicyclists at risk and are estimated to cost drivers over a thousand dollars annually in repair costs, disproportionately affecting lower-income residents who spend a greater percentage of their income on vehicle repairs.
Deferred street paving and repair is eight times more expensive than doing it on time.
The City’s deferred street maintenance is estimated at roughly $268 million. Without the $8 million annual increase, that deferred street maintenance is estimated to increase to $396 million in five years; $503 million in 10 years; and to a total of $1.1 billion by 2050.
The chart below demonstrates life cycle costs of pavement deterioration. 1 Garland, Liam, Strategic Asset Management Plan, April 2022, Vision 2050: Strategic Asset Management Plan and Asset Management Policy, (p.23 {28 of 56}) Council Meeting Item 31, May 10, 2022
2 ibid
3 ibid
4 ibid
Establishing Policy for Adequate Annual General Fund Contribution for Street ACTION CALENDAR Maintenance to Prevent Deterioration of Pavement Condition July 26, 2022
Pavement Deterioration and Life Cycle Costs
ENVIRONMENTAL SUSTAINABILITY
Good street conditions will improve safety for pedestrians, cyclists, users of micro- mobility devices, and public transit.
CONTACT PERSON
Councilmember Wengraf Council District 6 510-981-7160
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
ESTABLISHING A FISCAL POLICY FOR A STREET MAINTENANCE ALLOCATION
FROM THE GENERAL FUND
WHEREAS, the City of Berkeley’s pavement condition index (PCI) is the 15th worst among its surrounding 101 cities; and
WHEREAS, inadequate street paving funding has led to $268 million in deferred needs and is on track to increase to $396 million in five years and to $1.1 billion by 2050; and WHEREAS, without increasing the City’s annual street maintenance budget to at least $15.3 million annually, our streets will continue to deteriorate; and WHEREAS, unmaintained streets put all street users at risk and are estimated to cost Berkeley drivers an estimated thousand dollars of vehicle damage annually – hurting lower income residents disproportionally as their vehicle expenses comprise a larger proportion of their overall budget; and
WHEREAS, good roads support alternative modes of transportation which reduces greenhouse gases and supports Berkeley’s Strategic Plan Priorities.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a fiscal policy is hereby established requiring the allocation of $8 million dollars annually from the General Fund to the Street Maintenance Fund, in addition to the existing baseline $7.3 million allocation, for a total amount of $15.3 million to be adjusted annually for inflation using the greater of the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor statistics.
BE IT FURTHER RESOLVED that this fiscal policy to fund street maintenance at a level of $15.3 million (as adjusted for inflation) may be suspended in any year in which the City Council draws upon $1 million (or more) from the Stabilization Reserve in order to adopt a final budget or a two-thirds vote of the City Council.
BE IT FURTHER RESOLVED that upon replenishment of the Stabilization Reserve or fiscal recovery, it is strongly recommended that the City Council seek to make up any funding differential between the $15.3 million target level (as adjusted for inflation) and the actual street maintenance budget for the year(s) that this policy is suspended.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
ACTION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Placing a General Obligation Bond Measure on the November 8, 2022 Ballot for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and Other Public Infrastructure Improvements
RECOMMENDATION
1) Adopt a Resolution determining public interest and necessity for issuing a general obligation bond in the amount of $300 million for affordable housing, climate change resiliency, wildfire protection, and other public infrastructure improvements, submitting to the Berkeley electorate on the November 8, 2022 ballot a measure to authorize a general obligation bond in that amount, and finding that the proposed measure is not a project under the California Environmental Quality Act.
2) Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts related to the recommended action. Election services have seen a steep increase since 2018, with the City’s first million-dollar election in 2020. It is uncertain at this time how recent state mandates and the pandemic will affect election costs in an ongoing basis. In addition, the number of measures placed on the ballot, and the length of the measures, are the primary driving factors in the fluctuation of election costs.
CURRENT SITUATION AND ITS EFFECTS
On April 27, 2021, City Council approved a referral to the City Manager to “explore various options for a future city bond measure in November 2022 to support the growing need for infrastructure investment, including street repaving, Complete Streets infrastructure that promotes bike and pedestrian safety, restoration of public buildings and facilities, and affordable housing citywide.” On June 30, 2021, City Council adopted a budget that included Vision 2050 implementation and exploration of revenue measures for the November 2022 ballot. In partnership with dedicated Vision 2050 volunteers, staff completed meetings with 25+ City Commissions and community
Placing a General Obligation Bond Measure on the November 8, 2022 Ballot ACTION CALENDAR for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and July 26, 2022 Other Public Infrastructure Improvements
organizations; conducted a scientific survey on infrastructure priorities in October 2021; updated City Council on progress on November 16, 2021; updated and gained City Council’s direction at the January 20, 2022 work session; sent an informational brochure to all Berkeley residents inviting them to one of four large area public meetings; held those public meetings on March 30, April 6, April 13, and April 20; conducted this project’s second scientific survey of Berkeley voters in late April; reported to City Council on the City’s bond capacity on April 26, 2022; drafted a Vision 2050 Program Plan and incorporated public comments received between May 2 and May 12, 2022; submitted to City Council a Strategic Asset Management Plan and gained adoption of an Asset Management Policy on May 10, 2022; issued off agenda memos related to this project on October 4, 2021, December 13, 2021, March 28, 2022, and May 3, 2022; provided direction to staff at the May 31, 2022 City Council meeting; and had an in-depth discussion of the revenue measure at the June 21, 2022 City Council meeting.
At the June 21 meeting, City Council requested more details on the affordable housing component of the bond. While there are many variables to consider, staff estimate between 500-1,000 units can be produced with this level of investment. This range considers the City’s experience creating new affordable housing units. For construction of new affordable housing units, the City has historically averaged loans between $150,000-$200,000 per unit over the past five years. For acquisition and rehabilitation (i.e., Small Sites), it has been approximately $284,000 per unit, albeit from a sample of two projects.
Affordable housing units developed from bond funding would follow the City’s Housing Trust Fund (HTF) Guidelines. The HTF Guidelines require eligible developers to designate at least 20% of new construction units for Extremely Low-Income households, which are 30% of area median income (AMI) and 40% to at least Low-Income Households (60% AMI). Projects leveraging tax credits (the most common funding source for affordable projects) must also average 60% AMI.
Historically, local new construction projects leverage additional subsidies to support Extremely-Low and Very-Low Income households, including Section 8 Project-Based Vouchers, Permanent Supportive Housing funding, and other population-specific subsidies for Transition-Aged Youth and people with disabilities. With dedicated local funding from sources such as the GO Bond, the City of Berkeley is at an advantage in competing for affordable housing funding.
While the Finance Department advises on a bond’s specific disbursement schedule, staff anticipates that a bond approved in November could be allocated to support affordable housing at both the North Berkeley and Ashby BART given the current development timelines of between 10 to 15 years projected at both BART sites. The bond could also support other sites throughout the City over the course of the next ten years as the City’s pipeline continues to grow.
Placing a General Obligation Bond Measure on the November 8, 2022 Ballot ACTION CALENDAR for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and July 26, 2022 Other Public Infrastructure Improvements
Staff are confident there is sufficient demand for the bond. Measure O was completely allocated within three years of its adoption. In 2015, the City had eight projects in predevelopment or development. There are currently 20 projects in predevelopment or development at least in part due to Measure O.
Staff anticipates this bond will mirror the requirements of the Measure O Bond, which appropriated funding for the construction and acquisition of new construction affordable housing. The HTF Guidelines also establish standards for sustainability, accessibility, and labor in addition to the affordability requirements.
As to the question of affirmatively furthering fair housing and equitably locating projects in higher income and resource neighborhoods, it is often too difficult to control project locations as so much is reflective of the housing market. However, the scoring for competitive tax credit financing, the primary driver of new construction affordable projects, incentivizes development in high resourced areas. City Council may consider adopting a priority or tiebreaker for site locations according to such criteria. Staff also consider other factors in determining site locations including proximity to transit and other amenities including schools, community centers, and grocery stores.
As to the detail regarding the climate change resiliency, wildfire protection, and other public infrastructure improvements, staff updated the Vision 2050 Program Plan to include the detail provided by staff at the June 21 City Council meeting.
If this bond measure were placed on the ballot and approved by two-thirds of the voters, additional funds would be generated for affordable housing and climate change resiliency, wildfire protection, and other public infrastructure improvements. The average annual amount collected over the projected period the bonds are outstanding would be approximately $130 for a home with the City’s mean assessed valuation of $647,972.
The measure permits the City to issue general obligation bonds to finance the acquisition and improvement of real property for affordable housing, including by the City directly, or indirectly through third parties, and to reimburse City funds for the prior acquisition and improvement of property to be used for affordable housing.
With respect to who can author arguments for measures placed on the ballot by the Council, Elections Code Section 9282(b) provides that the legislative body may submit an argument in favor of the measure. The City Council may authorize the Council as a whole, or certain members of the Council, to submit an argument in favor of the measure.
Staff recommends that the City Council make a finding that the proposed bond measure is not a project under the California Environmental Quality Act (California Public Resources Code, Sections 21000 et seq.) (“CEQA”) or the related CEQA Guidelines (15 Cal. Code Regs. Title 14, Sections 15000 et seq.) (“CEQA Guidelines) because, as
Placing a General Obligation Bond Measure on the November 8, 2022 Ballot ACTION CALENDAR for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and July 26, 2022 Other Public Infrastructure Improvements
contemplated by Section 15378(b)(4) of the CEQA Guidelines, the proposed bond measure involves the creation of a government funding mechanism and does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The use of bond proceeds to finance any project or portion of any project will be subject to approval of the applicable decision-making body at that time, upon completion of planning and any further required environmental review under CEQA.
BACKGROUND
The City Manager is presenting this measure for addition to the November 8, 2022 ballot pursuant to the direction provided by the City Council at the May 31 and June 21, 2022 City Council meetings.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Implementing Vision 2050 would result in more resilient public infrastructure that creates fewer greenhouse gases, and reduces conflict between our built and natural environment. More affordable housing in Berkeley would reduce greenhouse gas emissions caused by employees finding lower cost housing farther away from employment centers and requiring longer commutes.
RATIONALE FOR RECOMMENDATION
The City Clerk is presenting this action in accordance with the direction given by the City Council at the May 31 and June 21, 2022 meetings.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: Text of Measure
Exhibit B: Tax Rate Statement
RESOLUTION NO. -N.S.
DETERMINING THAT PUBLIC INTEREST AND NECESSITY DEMAND THE
ISSUANCE OF GENERAL OBLIGATION BONDS TO FINANCE THE ACQUISITION OR
IMPROVEMENT OF REAL PROPERTY FOR AFFORDABLE HOUSING, AND CLIMATE
CHANGE RESILIENCY, WILDFIRE PROTECTION, AND OTHER PUBLIC
INFRASTRUCTURE AND FACILITIES, AND SUBMITTING TO THE BERKELEY ELECTORATE ON THE NOVEMBER 8, 2022 BALLOT A MEASURE TO AUTHORIZE
GENERAL OBLIGATION BONDS FOR SUCH PROJECTS
WHEREAS, the accelerating impacts of climate change and growing need for affordable housing create new challenges for safety, resiliency, and sustainability within the City; and
WHEREAS, the City has identified over $1 billion in infrastructure needs, including to reduce the City’s environmental footprint, adapt to climate change, reduce the risk of flooding and wildfires, and better withstand the consequences of flooding and fires when they do occur; make the City’s public spaces more attractive, vibrant, and green; and otherwise improve the City’s infrastructure and make it more sustainable and resilient; and
WHEREAS, the Vision 2050 Framework and Program Plan are long-term plans to build, upgrade and repair Berkeley’s aging infrastructure to be more sustainable and resilient in order to meet the serious challenges of the future, including climate change, and, to these ends, the City Council has determined that affordable housing and infrastructure are connected; and
WHEREAS, a regional housing needs assessment showed the City needed an additional 3,854 affordable housing units, a crisis affecting unhoused, low-income and working families and individuals, including, but not limited to, teachers, seniors, veterans, the homeless, students, people with disabilities, and other vulnerable populations; and WHEREAS, the size and scale of local infrastructure need and affordable housing need show the challenge ahead despite the proactive steps taken to address these issues over the last decade; and
WHEREAS, existing funds and funding sources are inadequate for these infrastructure and affordable housing needs; and
WHEREAS, the City is authorized to issue general obligation bonds to finance municipal improvements pursuant to certain provisions of the California Government Code, including Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 (each, the “Bond Law”); and
WHEREAS, the City is authorized to issue general obligation bonds for the acquisition or
improvement of affordable housing projects, pursuant to the provisions of Section
7.64 of the Berkeley Municipal Code; and
WHEREAS, under the Bond Law and Chapter 7.64, the City intends to issue general obligation bonds (the “Bonds”) to finance the acquisition or improvement of real property for affordable housing (“Affordable Housing Improvements”), including the application of bond proceeds by the City directly, or indirectly through third parties as loans, grants, or other disbursements to qualified individuals, not-for-profit entities acting alone or together with tax credit investors, not-for-profit corporations, partnerships, associations, and government agencies, to acquire real property for the purpose of constructing, rehabilitating or preserving affordable housing, or to construct, rehabilitate or preserve affordable housing; including but not limited to supportive housing, nonprofit rental housing, and limited-equity housing cooperatives affiliated with community land trusts; and
WHEREAS, under the Bond Law and Chapter 7.64, the City further intends to issue the Bonds to finance the acquisition or improvement of real property for public infrastructure and facilities (“Infrastructure Improvements”; together with Affordable Housing Improvements, “Improvements”), including the City’s storm drains; above or on ground utilities, especially those that can be undergrounded; green infrastructure; retaining walls; park, recreation, and senior facilities; parks, natural areas, waterfront, marina, and other open space; public buildings; and other public infrastructure, including repair, renovation, replacement, or reconstruction so that the public can continue to benefit from Infrastructure Improvements as they become more resilient and sustainable, and the Infrastructure Improvements will include any public art integrated into the Infrastructure Improvements consistent with Berkeley Municipal Code Chapter 6.13; and WHEREAS, the City may have the opportunity to leverage State and County of Alameda (“County”) funds allocated for these affordable housing and infrastructure needs if it issues the Bonds to address these needs; and
WHEREAS, fiscal accountability protections including public disclosure of all spending, annual audits and independent oversight help ensure funds will be spent as promised; and
WHEREAS, funding from the Bonds should be guided by the City’s adopted plans and policies, including the Vision 2050 Framework and Program Plan; and WHEREAS, funding from the Bonds should be attentive to creating attractive, green spaces that invite walking and biking, and support community gathering; and WHEREAS, by law, all funds must remain under local control in the City and cannot be taken away by the State or the County or used for other purposes; and WHEREAS, the City Council recognizes the importance of ensuring adequate maintenance funding from existing sources for Infrastructure Improvements financed by
the Bonds and not supplanting existing City infrastructure funding with proceeds of the Bonds; and
WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure; and
WHEREAS, it is in the public interest and for the public benefit that the City declares its official intent to reimburse certain of the proposed expenditures referenced herein; and WHEREAS, proceeds from the sale of the Bonds will be used to finance the Improvements, and all expenditures will be subject to annual independent financial audits and oversight by multiple City commissions; and
WHEREAS, the Council desires to submit the measure described herein to be placed upon the ballot at the November 8, 2022 Statewide General Election, consistent with the Council’s Resolution No. 70,336-N.S., adopted on May 10, 2022, calling for a General Municipal Election to be consolidated with said statewide election; and WHEREAS, the Council’s Resolution No. 70,336-N.S., adopted on May 10, 2022, adopted the provisions of Elections Code Section 9285(a) providing for the filing of rebuttal arguments for city ballot measures, pursuant to Elections Code Section 9285(b).
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the public interest and necessity require the issuance of one or more series of general obligation bonds in the amount of $300,000,000 to fund the Improvements, subject to completion of the proceedings required by the Bond Law.
BE IT FURTHER RESOLVED that this resolution is adopted pursuant to and in conformance with Chapter 7.64 of the Berkeley Municipal Code.
BE IT FURTHER RESOLVED that:
A. A ballot measure authorizing the City to issue general obligation bonds to finance the acquisition and improvement of real property for the Improvements (the “Measure”), a copy of which is attached hereto as Exhibit A, shall be placed before the voters at the election on November 8, 2022.
B. The estimated cost of the Affordable Housing Improvements to be funded by the Bonds is $150,000,0000, and the estimated cost for the Infrastructure Improvements to be funded by the Bonds is an additional $150,000,000.
C. The maximum rate of interest on the indebtedness shall not exceed twelve percent (12%) in accordance with Government Code Section 53531.
D. The estimated cost of the Improvements may include legal and other fees, and the cost of printing the Bonds, and other costs and expenses incidental to or connected with the issuance and sale of the Bonds.
E. Proceeds of the Bonds shall be used to finance the acquisition and construction of real property for the Improvements, and to pay any fees and costs in connection with issuance of the Bonds, including but not limited to, legal fees and bond printing costs.
F. The Improvements will be completed as needed, and each is assumed to include its share of costs, including planning, program management and construction costs. The final cost of each Improvement will be determined as real property is purchased, plans are finalized, construction bids are awarded, or projects are completed. In addition, certain acquisition or improvement funds are expected from non-bond sources, including funds which have not yet been secured. Therefore, the City Council cannot guarantee that the Bonds will provide sufficient funds to allow completion of all needed Improvements.
G. For the Affordable Housing Improvements, proceeds of the Bonds shall be used to finance the acquisition or improvement of real property for affordable housing, including the application of bond proceeds for the City directly, or indirectly through third parties as loans, grants, or other disbursements to qualified individuals, not- for-profit entities acting alone or together with tax credit investors, not-for-profit corporations, partnerships, associations and government agencies, to acquire real property for the purpose of constructing, rehabilitating or preserving affordable housing, or to construct, rehabilitate or preserve affordable housing; including but not limited to supportive housing, nonprofit rental housing, and limited-equity housing cooperatives affiliated with community land trusts.
H. As part of the process to adopt a budget, the City Manager shall provide to the City Council a comprehensive report of funds received from any Bonds authorized by this Measure.
I. The following commissions or their successors shall provide oversight by reporting to the City Council on an annual basis regarding projects funded by the Bonds and the expenditure of proceeds of the Bonds, whether those expenditures are consistent with the purposes of the Bonds set forth in this Resolution, and recommendations on projects proposed to be funded by the Bonds and proposed expenditures of the proceeds of the Bonds:
1. The Parks, Recreation, and Waterfront Commission shall provide oversight on Infrastructure Improvements related to properties and facilities identified in Municipal Code Section 3.26.040.A, including all parks, recreation, and waterfront improvements.
2. The Transportation and Infrastructure Commission shall provide oversight on the Infrastructure Improvements related to transportation and other public infrastructure.
3. The Housing Advisory Commission shall provide oversight on the Affordable Housing Improvements.
J. All expenditures will be subject to an annual independent financial audit to confirm that expenditures of proceeds of the Bonds are consistent with the intent of this Resolution.
BE IT FURTHER RESOLVED that the City hereby declares that it reasonably expects (i) to pay certain costs of the acquisition and improvement of real property for the Improvements prior to the date of execution, delivery or issuance of the Bonds, and (ii) to use a portion of the proceeds of the Bonds for reimbursement of such expenditures that are paid before the date of execution, delivery or issuance of the Bonds.
BE IT FURTHER RESOLVED that, pursuant to California Elections Code sections 10002 and 10403, this City Council does hereby call an election on Tuesday, November 8, 2022, and requests that the Alameda County Board of Supervisors consolidate said election with the Statewide General Election on that same date in the manner and schedule established by Resolution No. 70,336-N.S., adopted on May 10, 2022, and submit to the qualified voters of the City, at said consolidated election, the Measure, such approval to constitute the authorization to issue the Bonds.
BE IT FURTHER RESOLVED that the City of Berkeley hereby requests that the Alameda County Board of Supervisors permit the Registrar of Voters of Alameda County to perform services in connection with said election at the request of the City Clerk. These services to include all necessary services related to official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, polling places, poll workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the consolidated election.
BE IT FURTHER RESOLVED that the City proposes to issue and sell general obligation bonds of the City, in one or more series, in the maximum amount and for the objects and purposes set forth above, payable from and secured by ad valorem taxes levied and collected in the manner prescribed by laws of the State of California, all equally and ratably secured, without priority, by the taxing power of the City, if two-thirds of all qualified voters voting on the Measure vote in favor thereof.
BE IT FURTHER RESOLVED that said proposed Measure shall be placed on the ballot for the November 8, 2022 election with the statement of the Measure to be printed in the ballot in the following form:
CITY OF BERKELEY GENERAL OBLIGATION BOND MEASURE
BONDS
YES
Shall the measure authorizing the City of Berkeley to issue $300 million in general obligation bonds to fund affordable housing and improvements to public infrastructure, including utilities, parks, waterfront, marina, public buildings, and other improvements to increase sustainability and climate change resiliency, subject to oversight by City commissions and independent audits, be adopted?
Projected levy over expected 45-year period bonds are outstanding is approximately $0.02 per $100 of assessed value; raising approximately $11,600,000 annually.
BONDS
NO
BE IT FURTHER RESOLVED that at this time, the best estimate of the average and highest tax rates expected to be levied for debt service on the Bonds is set forth in the Tax Rate Statement attached hereto as Exhibit B.
BE IT FURTHER RESOLVED that the Board of Supervisors of Alameda County is hereby requested to include on the ballots and sample ballots the Measure enumerated above to be voted on by the voters of the qualified electors of the City of Berkeley, and that ballots for the election shall be provided in the form and in the number provided by law.
Voters shall be provided an opportunity to vote for or against the Measure on the ballot, in accordance with procedures to be adopted by the authorized officers of the County.
BE IT FURTHER RESOLVED that the full text of the Measure shall be printed in the Voter Information Pamphlet mailed to all voters in the City of Berkeley.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause the posting, publication and printing of notices, pursuant to the requirements of the Charter of the City of Berkeley, the Government Code and the Elections Code of the State of California, and to file a certified copy of this Resolution, including all exhibits, no later than the close of business on August 12, 2022, with the County Registrar of Voters and the Clerk of the County Board of Supervisors.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to obtain printing, supplies and services as required.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the
statutes of the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.
BE IT FURTHER RESOLVED that the City will reimburse the Registrar of Voters for the costs associated with placing the Measure on the ballot.
BE IT FURTHER RESOLVED that the Mayor, the City Manager, the Finance Director, the City Attorney and the City Clerk, and any of their designees, are hereby authorized to execute any documents and to perform all acts necessary to place the Measure on the ballot, and to make any changes to the text of the Measure, the statement of the measure or the Tax Rate Statement to conform to any legal requirements of the County Registrar, in order to cause the election to be held and conducted in the City.
BE IT FURTHER RESOLVED that the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, who shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
BE IT FURTHER RESOLVED that the filing of ballot arguments shall conform to the manner and schedule established by Resolution No. 70,336-N.S., adopted on May 10, 2022.
BE IT FURTHER RESOLVED that the City Council, having reviewed the Measure, hereby finds that this action is not subject to the California Environmental Quality Act ("CEQA") because it involves the establishment of a government financing mechanism that does not involve any commitment to specific projects to be constructed with proceeds of the Bonds. The use of the proceeds of the Bonds to finance any project or portion of any project will be subject to approval of the applicable decision-making body at that time, upon completion of planning and any further required environmental review under CEQA.
BE IT FURTHER RESOLVED that this Resolution shall take effect from and after the date of its passage and adoption.
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption thereof.
Exhibits
A: Text of Measure
B: Tax Rate Statement
EXHIBIT A
MEASURE TO BE SUBMITTED TO THE VOTERS AUTHORIZING THE CITY
OF BERKELEY TO ISSUE GENERAL OBLIGATION BONDS TO FINANCE
THE ACQUISITION OR IMPROVEMENT OF REAL PROPERTY FOR
AFFORDABLE HOUSING, AND CLIMATE CHANGE RESILIENCY, WILDFIRE
PROTECTION, AND OTHER PUBLIC INFRASTRUCTURE IMPROVEMENTS
AND FACILITIES
Section 1. Findings.
WHEREAS, the accelerating impacts of climate change and growing need for affordable housing create new challenges for safety, resiliency, and sustainability within the City; and
WHEREAS, the City has identified over $1 billion in infrastructure needs, including to reduce the City’s environmental footprint, adapt to climate change, reduce the risk of flooding and wildfires, and better withstand the consequences of flooding and fires when they do occur; make the City’s public spaces more attractive, vibrant, and green; and otherwise improve the City’s infrastructure and make it more sustainable and resilient; and
WHEREAS, the Vision 2050 Framework and Program Plan are long-term plans to build, upgrade and repair Berkeley’s aging infrastructure to be more sustainable and resilient in order to meet the serious challenges of the future, including climate change, and, to these ends, the City Council has determined that affordable housing and infrastructure are connected; and
WHEREAS, the City Council recognizes the importance of ensuring adequate maintenance funding from existing sources for infrastructure improvements financed by the bonds and not supplanting existing City infrastructure funding with proceeds of the bonds; and
WHEREAS, a regional housing needs assessment showed the City needed an additional 3,854 affordable housing units, a crisis affecting the unhoused, low-income and working families and individuals, including, but not limited to, teachers, seniors, veterans, the homeless, students, people with disabilities, and other vulnerable populations; and WHEREAS, the size and scale of local infrastructure need and affordable housing need show the challenge ahead despite the proactive steps taken to address these issues over the last decade; and
WHEREAS, existing funds and funding sources are inadequate for these infrastructure and affordable housing needs; and
WHEREAS, the City is authorized to issue general obligation bonds to finance municipal improvements pursuant to certain provisions of the California Government Code, including Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 (each, the “Bond Law”); and
WHEREAS, the City is authorized to issue general obligation bonds for the acquisition or improvement of affordable housing projects, pursuant to the provisions of Section
7.64 of the Berkeley Municipal Code; and
WHEREAS, under the Bond Law and Chapter 7.64, the City intends to issue general obligation bonds (the “Bonds”) to finance the acquisition or improvement of real property for affordable housing (“Affordable Housing Improvements”), including the application of bond proceeds by the City directly, or indirectly through third parties as loans, grants, or other disbursements to qualified individuals, not-for-profit entities acting alone or together with tax credit investors, not-for-profit corporations, partnerships, associations, and government agencies, to acquire real property for the purpose of constructing, rehabilitating or preserving affordable housing, or to construct, rehabilitate or preserve affordable housing; including but not limited to supportive housing, nonprofit rental housing, and limited-equity housing cooperatives affiliated with community land trusts; WHEREAS, under the Bond Law and Chapter 7.64, the City further intends to issue the Bonds to finance the acquisition or improvement of real property for public infrastructure and facilities (“Infrastructure Improvements”; together with Affordable Housing Improvements, “Improvements”), including the City’s storm drains; above or on ground utilities, especially those that can be undergrounded; green infrastructure; retaining walls; park, recreation, and senior facilities; parks, natural areas, waterfront, marina, and other open space; public buildings; and other public infrastructure, including repair, renovation, replacement, or reconstruction so that the public can continue to benefit from Infrastructure Improvements as they become more resilient and sustainable, and the Infrastructure Improvements will include any public art integrated into the Infrastructure Improvements consistent with Berkeley Municipal Code Chapter 6.13; and WHEREAS, the City may have the opportunity to leverage State and County of Alameda (“County”) funds allocated for these affordable housing and infrastructure needs if it issues the Bonds to address these needs; and
WHEREAS, fiscal accountability protections including public disclosure of all spending, annual audits and independent oversight help ensure funds will be spent as promised; and
WHEREAS, by law, all funds must remain under local control in the City and cannot be taken away by the State or the County or used for other purposes; and WHEREAS, this resolution is adopted pursuant to and in conformance with Chapter 7.64 of the Berkeley Municipal Code; and
WHEREAS, the City Council has therefore determined that the public interest requires additional funding for the Improvements; and
WHEREAS, the People of the City of Berkeley find that the public interest requires the issuance of the Bonds in the amount of $300,000,000 to fund the Improvements.
Section 2. Object and Purpose of Bonds.
This measure (the “Measure”) authorizes the issuance of general obligation bonds (the “Bonds”), the object and purpose of which is to finance, by the City of Berkeley or a third party, as applicable, the acquisition or improvement of real property for the Improvements.
The Improvements will be completed as needed, and each is assumed to include its share of costs, including planning, program management and construction costs. The final cost of each Improvement will be determined as real property is purchased, plans are finalized, construction bids are awarded, or projects are completed. In addition, certain acquisition or improvement funds are expected from non-bond sources, including funds which have not yet been secured. Therefore, the City Council cannot guarantee that the Bonds will provide sufficient funds to allow completion of all needed Improvements.
For the Affordable Housing Improvements, proceeds of the Bonds shall be used to finance the acquisition or improvement of real property for affordable housing, including the application of bond proceeds for the City directly, or indirectly through third parties as loans, grants, or other disbursements to qualified individuals, not-for-profit entities acting alone or together with tax credit investors, not-for-profit corporations, partnerships, associations and government agencies, to acquire real property for the purpose of constructing, rehabilitating or preserving affordable housing, or to construct, rehabilitate or preserve affordable housing; including but not limited to supportive housing, nonprofit rental housing, and limited-equity housing cooperatives affiliated with community land trusts.
Proceeds of the Bonds may be used to reimburse the City for expenditures on the Improvements that are paid before the date of execution, delivery or issuance of the Bonds.
Section 3. Estimated Cost of Improvements.
The estimated cost of the Affordable Housing Improvements to be funded by the Bonds is $150,000,0000, and the estimated cost for the Infrastructure Improvements to be funded by the Bonds is an additional $150,000,000.
The estimated cost includes legal and other fees and the cost of printing the Bonds and other costs and expenses incidental to or connected with the authorization, issuance or sale of the Bonds. The cost of the Improvements include planning, programs management and construction costs.
Section 4. Principal Amount of Bonds.
The aggregate principal amount of Bonds to be issued shall not exceed $300,000,000.
Section 5. Maximum Interest Rate.
The maximum rate of interest to be paid on the Bonds shall not exceed twelve percent (12%) per annum.
Section 5. Accountability Requirements.
The following accountability measures apply to the issuance of Bonds pursuant to this Measure:
A. The specific purpose of the Bonds is to finance the acquisition or improvement of real property for the Improvements; and
B. The proceeds from the sale of the Bonds will be used only for the purposes specified in this Measure, and not for any other purpose; and C. The proceeds of the Bonds will be deposited into an account to be created and held by the City; and
D. The proceeds from the sale of the Bonds may be used to reimburse the City for amounts advanced from the general fund or other funds or accounts to acquire real property for Improvements, when such purchases are made prior to the availability of Bond proceeds; and
E. As part of the process to adopt a budget, the City Manager shall provide to the City Council a comprehensive annual report of funds received from any bonded indebtedness authorized by this Measure, funds expended, and the status of the Improvements.
F. The following commissions or their successors shall provide oversight by reporting to the City Council on an annual basis regarding projects funded by the bond and bond expenditures, whether those bond expenditures are consistent with the purposes of the bond, and recommendations on projects proposed to be funded by the bond and bond expenditures:
1. The Parks, Recreation, and Waterfront Commission shall provide oversight on Infrastructure Improvements related to properties and facilities identified in Municipal Code Section 3.26.040.A, including all parks, recreation, and waterfront improvements.
2. The Transportation and Infrastructure Commission shall provide oversight on the Infrastructure Improvements related to transportation and other public infrastructure.
3. The Housing Advisory Commission shall provide oversight on the Affordable Housing Improvements.
G.All expenditures will be subject to an annual independent financial audit to confirm that Bond expenditures are consistent with the intent of this Measure.
EXHIBIT B
TAX RATE STATEMENT
An election will be held in the City of Berkeley (the “City”) on November 8, 2022, to authorize the sale of up to $300 million in bonds of the City to finance the specific projects listed in the measure. If such bonds are authorized, the City expects to sell the bonds in one or more series. Principal and interest on the bonds will be payable solely from the proceeds of ad valorem tax levies made upon the taxable property in the City. The following information is provided in compliance with Sections 9400-9404 of the California Elections Code. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the City, and other demonstrable factors.
Based upon the foregoing and projections of the City’s assessed valuation:
1. The best estimate of the average annual tax rate that would be required to be levied to fund the bond issue over the entire duration of the bond debt service, based on a projection of assessed valuations available at the time of filing of this statement is 2.00 cents per $100 (or $20.00 per $100,000) of assessed valuation of all property to be taxed. The best estimate of the final fiscal year in which the tax is anticipated to be collected is 2067/68.
2. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, based on a projection of assessed valuations available at the time of filing this statement is 3.68 cents per $100 (or $36.77 per $100,000) of assessed valuation of all property to be taxed. The best estimate of the first year in which the highest tax rate will apply is 2038/39.
3. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold is $520,000,000.
Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the City or any other overlapping public agency.
Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on Alameda County’s official tax rolls, not on the property’s market value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner’s exemption, will be taxed at a lower effective tax rate than described above. Property owners should consult their own property tax bills to determine their property’s assessed value and any applicable tax exemptions.
Attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which amounts are not maximum amounts or durations and are not binding upon the City. The actual debt service amounts, tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the City based on need for funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the City as determined by the Alameda County assessor in the annual assessment and the equalization process.
Dated: July __, 2022
/s/ DEE WILLIAMS-RIDLEY
City Manager, City of Berkeley
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
ACTION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Placing a Special Tax Measure on the November 8, 2022 Ballot to Fund Street Repairs, Sidewalk Repairs, and Traffic Safety Improvements; and Adopting the Vision 2050 Program Plan
RECOMMENDATION
1. Adopt a Resolution submitting a ballot measure to fund street repairs, sidewalk repairs, and traffic safety improvements to a vote of the electors at the November 8, 2022 General Municipal Election.
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
3. Adopt a Resolution adopting the Vision 2050 Program Plan.
FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts related to the recommended action. Election services have seen a steep increase since 2018, with the City’s first million-dollar election in 2020. It is uncertain at this time how recent state mandates and the pandemic will affect election costs in an ongoing basis. In addition, the number of measures placed on the ballot, and the length of the measures, are the primary driving factors in the fluctuation of election costs.
CURRENT SITUATION AND ITS EFFECTS
The City Manager is presenting this measure for addition to the November 8, 2022 ballot pursuant to the direction provided by the City Council at the May 31 and June 21, 2022 City Council meetings.
Adoption of the resolution attached to this item will place the measure on the ballot. In addition, with respect to who can author arguments for measures placed on the ballot by the Council, Elections Code Section 9282(b) provides that the legislative body may submit an argument in favor of the measure. The City Council may authorize the Council as a whole, or certain members of the Council, to submit an argument in favor of the measure.
Placing a Special Tax Measure on the November 8, 2022 Ballot to Fund ACTION CALENDAR Street Repairs, Sidewalk Repairs, and Traffic Safety Improvements July 26, 2022
BACKGROUND
On April 27, 2021, City Council approved a referral to the City Manager to “explore various options for a future city bond measure in November 2022 to support the growing need for infrastructure investment, including street repaving, Complete Streets infrastructure that promotes bike and pedestrian safety, restoration of public buildings and facilities, and affordable housing citywide.” On June 30, 2021, City Council adopted a budget that included Vision 2050 implementation and exploration of revenue measures for the November 2022 ballot. In partnership with dedicated Vision 2050 volunteers, staff completed meetings with 25+ City Commissions and community organizations; conducted a scientific survey on infrastructure priorities in October 2021; updated City Council on progress on November 16, 2021; updated and gained City Council’s direction at the January 20, 2022 work session; sent an informational brochure to all Berkeley residents inviting them to one of four large area public meetings; held those public meetings on March 30, April 6, April 13, and April 20; conducted this project’s second scientific survey of Berkeley voters in late April; reported to City Council on the City’s bond capacity on April 26, 2022; drafted a Vision 2050 Program Plan and incorporated public comments received between May 2 and May 12, 2022; submitted to City Council a Strategic Asset Management Plan and gained adoption of an Asset Management Policy on May 10, 2022; issued off agenda memos related to this project on October 4, 2021, December 13, 2021, March 28, 2022, and May 3, 2022; gained City Council direction at the May 31, 2022 City Council meeting; and had an in-depth discussion of the revenue measure at the June 21, 2022 City Council meeting.
At the June 21 meeting, City Council requested more information on several aspects of the parcel tax.
As to taxes paid by residential parcels for the parcel tax at 30 cents per square foot, the mean tax would be $570 and the median tax would be $579. The latter is based on a median parcel size of 1930 building square feet. If City Council chose a split roll parcel tax with a rate of $0.26787 for residential parcels, the mean residential parcel would pay a tax of $509 and the median residential parcel would pay a tax of $517.
If City Council wished to keep the mean residential parcel’s tax under $500 annually in the context of a split roll parcel tax, the residential parcel’s rate would be $0.26315 per building square foot. To generate $25M annually, commercial parcels’ tax rate would be $0.42065 per building square foot.
As to application of the tax to parcels exclusively used for commercial parking, staff have compiled additional data. Staff estimate that between 30 and 98 parcels would be subject to the tax, although this is uncertain given the data has not been field verified.
The proposed ordinance includes a per parcel tax of $3,144 for parcels used exclusively for commercial parking. This $3,144 amount is equal to the amount paid by the mean commercial parcel at 30 cents per building square foot. If the median commercial parcel
Placing a Special Tax Measure on the November 8, 2022 Ballot to Fund ACTION CALENDAR Street Repairs, Sidewalk Repairs, and Traffic Safety Improvements July 26, 2022 amount is preferred, that amount would be $1,344 per parcel used exclusively for commercial parking. Projected revenue from the mean amount of $3,144 is between $94,000 and $308,000, and from the median amount of $1,344 is between $40,000 and $132,000.
As to more detail on the parcel tax spending and results, the Vision 2050 Program Plan has been updated to reflect the additional detail provided at the June 21 City Council meeting. It includes that street pavement condition will be increased to “good”, a pavement condition index between 70 and 79, and 97% of the City’s street miles paved.
As to whether a percent could be applied to ensure paving had a minimum investment level, the Program Plan at page 34 has been revised to refer to a “roughly two-thirds [distribution] to paving condition and one-third to traffic safety and sidewalks.” While this is not a binding statement, it is consistent with City Council’s discussion and the public’s priorities revealed in this project’s extensive public process. The Program Plan at pages 34 and 48 also address the issue of General Fund support for infrastructure maintenance, including street maintenance.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Implementing Vision 2050 would result in more resilient public infrastructure that creates fewer greenhouse gases, and reduces conflict between our built and natural environment.
RATIONALE FOR RECOMMENDATION
The City Clerk is presenting this action in accordance with the direction given by the City Council at the May 31 and June 21, 2022 meetings.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: Text of Measure
2: Resolution
Exhibit A: Vision 2050 Program Plan
RESOLUTION NO. ##,### –N.S.
SUBMITTING TO THE BERKELEY ELECTORATE ON THE NOVEMBER 8, 2022
GENERAL ELECTION BALLOT A MEASURE TO IMPOSE A SPECIAL PARCEL TAX
TO PAY FOR STREET, SIDEWALK AND TRAFFIC SAFETY MAINTENANCE,
UPGRADES AND REPAIRS
WHEREAS, the Berkeley City Council has elected to submit to the voters at the November 8, 2022 General Municipal Election, a special tax measure at a rate of [OPTION 1 – SINGLE RATE]
[0.0300¢ per square foot of improvements, with a flat rate of [$1,3441 or $3,1442] instead imposed on standalone non-residential parking facilities.] or
[OPTION 2 – SPLIT RATE ALTERNATIVE]
[$0.26787 per square foot of improvements for dwelling units, a flat rate of [$1,344 or $3,144] instead for standalone non-residential parking facilities and $0.40504 per square foot for all other improvements.]
WHEREAS, in accordance with the provisions of Section 10002 and 10403 of the Elections Code of the State of California, the Alameda County Board of Supervisors is requested to consolidate the City of Berkeley General Municipal Election with the Statewide General Election to be held November 8, 2022; and WHEREAS, the City of Berkeley hereby requests that the Alameda County Board of Supervisors permit the Registrar of Voters of Alameda County to perform services in connection with said election at the request of the City Clerk. These services are to include all necessary services related to official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, polling places, poll workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the consolidated election; and WHEREAS, the Council desires to submit all measures to be placed upon the ballot at said consolidated election.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Board of Supervisors of Alameda County is hereby requested to include on the ballots and sample ballots the measure enumerated above to be voted on by the voters of the qualified electors of the City of Berkeley.
1 If based on the median commercial parcel size.
2 If based on the mean commercial parcel size.
BE IT FURTHER RESOLVED that the full text of the measure shall be printed in the Voter Information Pamphlet mailed to all voters in the City of Berkeley.
BE IT FURTHER RESOLVED that the above enumerated measure requires a two-thirds vote threshold for passage.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause the posting, publication and printing of notices, pursuant to the requirements of the Charter of the City of Berkeley, the Government Code, and the Elections Code of the State of California.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to obtain printing, supplies and services as required.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the statutes of the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.
BE IT FURTHER RESOLVED that pursuant to Elections Code Section 9285 (b), the City Council hereby adopts the provisions of Elections Code Section 9285 (a) providing for the filing of rebuttal arguments for city ballot measures.
BE IT FURTHER RESOLVED that the City will reimburse the Registrar of Voters for the costs associated with placing the measure on the ballot.
BE IT FURTHER RESOLVED that said proposed Ordinance measure shall appear and be printed upon the ballots to be used at said election as follows:
CITY OF BERKELEY SPECIAL TAX ORDINANCE MEASURE
YES
[OPTION 1 – SINGLE RATE]
Shall the City of Berkeley’s measure to fund local street, sidewalk and traffic safety maintenance, upgrades and repairs by imposing a parcel tax on property improvements of 0.0300¢ per square foot, with a flat rate of [$1,344 or $3,144] instead imposed on standalone non-residential parking facilities, with exemptions, expected to generate $25,000,000 annually, from January 1, 2023 to December 31, 2036, and increasing the City’s appropriations limit accordingly, be adopted?
[OPTION 2 – SPLIT ROLL ALTERNATIVE]
Shall the City of Berkeley’s measure to fund local street, sidewalk and traffic safety maintenance, upgrades and repairs by imposing a parcel tax on property improvements of $0.26787 per square foot for dwelling units, a flat rate of [$1,344 or $3,144] instead imposed on standalone non-residential parking facilities, and $0.40504 per square foot for all other improvements, with exemptions, expected to generate $25,000,000 annually, from January 1, 2023 to December 31, 2036, and increasing the City’s appropriations limit accordingly, be adopted?
NO
BE IT FURTHER RESOLVED that the text of the measure be shown as Exhibit A, attached hereto and made a part hereof.
1 ORDINANCE NO. #,###-N.S.
IMPOSING A SPECIAL TAX TO FUND STREET REPAIRS,
SIDEWALK REPAIRS, AND TRAFFIC SAFETY IMPROVEMENTS
The people of the City of Berkeley do ordain as follows:
Section 1. Findings and declarations.
The People of the City of Berkeley find and declare as follows:
A. Much of Berkeley’s public infrastructure was built over 75 years ago and is in need of repair.
B. The City has identified $248 million in deferred street repairs and Berkeley’s pavement is currently in an “at risk” condition as identified by the Metropolitan Transportation Commission. Failure to make timely street repairs only leads to costlier repairs later.
C. The City has identified an additional $122 million in unfunded traffic safety improvements from adopted plans, including improvements to help keep pedestrians, bicyclists, transit users, and drivers safe and eliminate the deaths or serious injuries associated with the City’s transportation network.
D. The Vision 2050 Framework and Program Plan are long-term plans to build, upgrade and repair Berkeley’s aging infrastructure to be more sustainable and resilient in order to meet the serious challenges of the future.
E. The Vision 2050 Framework and Program Plan focus on building safe, attractive, green, and sustainable streets; improved streetscapes including maintenance, rehabilitation and resurfacing of failed streets; improvements for pedestrian, bicycle, and transit users; and streetscape/landscape improvements associated with paving projects and unassociated with paving projects.
F. The City Council has committed to providing sufficient annual funding of street maintenance from the General Fund and revenue sources other than this special tax so that the improved pavement condition resulting from this special tax will be maintained.
G. A stable and consistent source of funding for street repairs and traffic safety is needed, and the City’s adopted plans and policies, including the Vision 2050 Program Plan; pavement management system; and adopted transportation, bicycle, and pedestrian plans will guide how special tax funds are spent.
H. A special parcel tax within the City provides an equitable mechanism for funding capital investments and ongoing maintenance of streets, sidewalks, bike and pedestrian infrastructure, transit infrastructure, streetscapes and landscapes, and traffic safety features.
2 I. An exemption from the tax for low-income homeowners will help ensure the cost of the measure is not a burden for residents on fixed or limited incomes.
J. Fiscal accountability protections including public disclosure of all spending, annual audits and independent oversight help ensure funds will be spent as promised.
K. By law, all funds must remain under local control in Berkeley and cannot be taken away by the State or County or used for other purposes.
L. The City Council has therefore determined that the public interest requires additional funding for the improvements.
Section 2. Municipal Code Amendment.
A new Chapter 7.86 is hereby added to the Berkeley Municipal Code to read as follows:
Chapter 7.86
Street Repair and Traffic Safety Tax
7.86.010 Special Tax.
7.86.020 Tax Authorized – Tax rate – Adjustments for Inflation.
7.86.030 Definitions.
7.86.040 Exemptions.
7.86.050 Duties and Authority of the City Manager.
7.86.060 Collection with Property Tax – Penalties and Interest.
7.86.070 Collection.
7.86.080 Refunds.
7.86.090 Savings clause – Severability.
7.86.100 Violation – Penalty.
7.86.110 Oversight.
7.86.010 Special Tax.
A. A special tax for the purpose of funding street repairs, sidewalk repairs, and traffic safety, including, but not limited to, maintaining and upgrading the City’s streets, sidewalks, and traffic safety features is hereby authorized to be imposed on all Parcels of real property in the City of Berkeley containing Improvements, including Parking Facilities, as set forth in this Chapter.
B. The City Council may impose the tax authorized by this Chapter at the rate and subject to the inflation adjustments set forth in Section 7.86.020.
C. This special tax is imposed under Article XIIIA, Section 4, of the California Constitution and the City’s constitutional authority as a charter city under Article XI, Section 5 of the California Constitution.
D. The proceeds of the tax imposed by this Chapter shall be placed in a special fund to be used only for the purpose of maintaining, upgrading, and improving streets,
3 sidewalks, streetscapes, and traffic safety features by funding the following throughout the City of Berkeley:
1. Installation, upgrade, maintenance and improvement of paving, sidewalks, streets, streetscapes, associated support structures, including retaining walls, and associated landscaping;
2. Installation, upgrade, maintenance and improvement of traffic safety features, including those improving the safety of and ease of use for pedestrians, bicyclists, transit, and other street users.
E. The proceeds of the tax imposed by this Chapter may be used for public art pursuant to Chapter 6.13, as may be later amended by the City Council, provided such public art is affixed to or otherwise constructed or displayed on or in conjunction with projects funded by the proceeds of this tax under Section
7.86.010(D).
7.86.020 Tax Authorized – Tax rate – Adjustments for Inflation. [OPTION 1 – SINGLE RATE]
A. The City Council is hereby authorized to impose a special tax annually on the Square Footage of all Improvements in the City of Berkeley as follows:
1. For all Parcels with Improvements, the tax shall be imposed at the rate of
0.0300¢ per Square Foot of Improvements.
a. For the sake of this subsection 1, Improvements shall not include Parking Facilities other than New Construction Parking Facilities.
2. For Parcels used exclusively for Parking Facilities, the tax shall be imposed at the rate of [$1,344 or $3,144] per Parcel.
4 [OPTION 2 – SPLIT ROLL ALTERNATIVE]
A. The City Council is hereby authorized to impose a special tax annually on the Square Footage of all Improvements in the City of Berkeley as follows:
1. For all Dwelling Units, the tax shall be imposed at the rate of $0.26787 per Square Foot of Improvements.
2. For Parcels used exclusively for Parking Facilities, the tax shall be imposed at the rate of [$1,344 or $3,144] per Parcel.
3. For all other Improvements, the tax shall be imposed at the rate of $0.40504 per Square Foot of Improvements.
a. For the sake of this subsection 3, Improvements shall not include Parking Facilities other than New Construction Parking Facilities.
B. Annually in May, the City Council may increase the previous year’s tax by up to the greater of the cost of living in the immediate San Francisco Bay Area, as verified by the California Department of Finance, or per capita personal income growth in the State of California, as verified by the United States Bureau of Labor Statistics. If either index referred to above is discontinued, the City shall use any successor index specified by the applicable agency, or if there is none, the most similar existing index then in existence.
7.86.030 Definitions.
For purposes of this chapter, the following terms shall be defined as set forth below:
A. “Building” shall mean any Structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, chattel or property of any kind. The word “Structure” includes the word “Building.” B. “Dwelling Unit” shall mean a building or potion of a building designed for or occupied by persons living as one Family.
C. "Family" shall mean one or more persons, whether related or unrelated, who are living together in a single Dwelling Unit and maintaining a common household.
D. “Improvements” shall mean all Buildings or Structures erected or affixed to the land.
E. “New Construction” shall, for the sake of this Chapter alone, mean any construction for which a permit or other entitlement was issued on or after January 1, 2023.
5 F. “Parcel” shall mean a unit of real estate in one ownership as shown on the most current official assessment roll of the Alameda County Assessor G. “Parking Facility” shall mean any Building or Structure, or any outdoor space, plot, place, lot, Parcel, yard, enclosure, or any portion thereof, where motor vehicles may be parked, stored, housed or kept.
1. “Parking Facility” shall not include any such facilities on Parcels for which the only other Improvements are Dwelling Units, or Parking Facilities on separate parcels whose sole purpose is to provide parking for Dwelling Units.
H. “Square Footage” shall mean the total gross horizontal areas of all floors, including usable basement and cellars, below the roof and within the outer surface of the main walls of Buildings (or the center lines of party walls separating such Buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any Building or portion thereof without walls (which includes, notwithstanding paragraph 3 below, the Square Footage of all porches), and including pedestrian access walkways or corridors, but excluding the following:
1. Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto, except to the extent such areas are included in New Construction Parking Facilities.
2. Areas which are outdoor or semi-outdoor areas included as part of the Building to provide a pleasant and healthful environment for the occupants thereof and the neighborhood in which the building is located. This exempted area is limited to stoops, balconies and to natural ground areas, terraces, pools, and patios which are landscaped and developed for active or passive recreational use, and which are accessible for use by occupants of the building.
3. Arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display storage, service, or production areas.
I. “Structure” shall mean anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
7.86.040 Exemptions.
A. The following Parcels and Improvements shall be exempt from the tax imposed by this Chapter:
1. Parcels and Improvements owned by federal or state governmental agencies;
2. Parcels and Improvements owned by local governmental agencies; and
6 3. Parcels and Improvements exempt from taxation by the City pursuant to the laws or constitutions of the United States and the State of California.
B. The tax imposed by this Chapter shall not apply to any property owned and occupied by any person whose total personal income, from all sources, for the previous calendar year, does not exceed that level which shall constitute "very low- income," as may be established by resolution of the City Council. Any taxpayer claiming the exemption under this section shall be required to demonstrate their entitlement thereto annually by submitting an application and supporting documentation to the City Manager or their designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion. Such applications shall be on forms provided by the City Manager, or their designee, and shall provide and/or be accompanied by such information as the City Manager shall require, including but not limited to, federal income tax returns and W-2 forms.
C. Any person or entity claiming an exemption from the tax imposed by this Chapter shall file a verified statement of exemption on a form prescribed by the City Manager prior to June 30th of the first fiscal year for which the exemption is sought
7.86.050 Duties and Authority of the City Manager.
It shall be the duty of the City Manager to collect and receive all taxes imposed by this Chapter and to keep an accurate record thereof. The City Manager is charged with the enforcement of this Chapter, except as otherwise provided herein, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter, including provisions for the re-examination and correction of returns and payments.
7.86.060 Collection with Property Tax – Penalties and Interest.
The special tax imposed by this Chapter shall be due in the same manner, on the same dates, and subject to the same penalties and interest as established by law for other charges and taxes fixed and collected by the County of Alameda on behalf of the City of Berkeley. The special tax imposed by this Chapter, together with all penalties and interest thereon, shall constitute a lien upon the Parcel upon which it is levied until it has been paid, and shall constitute a personal obligation of the owners of the Parcel on the date the tax is due.
7.86.070 Collection.
The amount of any tax, penalty, or interest imposed under the provisions of this chapter shall be deemed a debt to the City. Any person owing money under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. The City shall be entitled to reasonable attorneys’ fees and its costs of suit in any such action.
7.86.080 Refunds.
Whenever the amount of any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the City under this
7 chapter, it may be refunded as provided in Chapter 7.20 of the Berkeley Municipal Code or any such successor chapter.
7.86.090 Savings clause – Severability.
The provisions of this chapter shall not apply to any person, association, corporation, entity, or property as to whom or which it is beyond the power of the City of Berkeley to impose the tax herein provided. If any sentence, clause, section, or part of this chapter, or any tax against any individual or any of the several groups specified herein is found to be unconstitutional, illegal, or invalid, such sentence, clause, section or part shall be severable and such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section, or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or other parts of this chapter. It is hereby declared to be the intention of the City Council and the People of the City of Berkeley that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
7.86.100 Violation – Penalty.
Any person who fails to perform any duty or obligation imposed by this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code.
The penalties provided in this section are in addition to the several remedies provided in this chapter.
7.86.110 Oversight.
F. The Transportation and Infrastructure Commission, or its successor, shall function as the oversight committee for expenditures of the proceeds from this tax. For this purpose, and in addition to its other powers, the Commission may:
1. Request and review expenditure plans for tax proceeds to ensure consistency with this special tax’s purpose;
2. Make recommendations to the City Council on how tax proceeds should be spent; and
3. Obtain reports on actual expenditures.
G. The City Manager shall cooperate with the Transportation and Infrastructure Commission in its oversight capacity.
H. The City Manager shall ensure annual independent audits to ensure funds are spent consistent with the purposes of the measure; and shall report to the City Council regarding the amount of funds collected and expended, and the status of any project funded pursuant to this Chapter.
Section 3. Increase appropriations limit. Pursuant to California Constitution Article XIIIB, the appropriation limit for the City of Berkeley is hereby increased by the aggregate sum authorized to be levied by this special tax for each of the four fiscal years from 2023- 24 through 2026-27.
Section 4. Duration and Renewal of Tax. The tax imposed by this Chapter shall be operative from January 1, 2023 through December 31, 2036 unless reauthorized or extended by the voters.
8 Section 5. Amendment, repeal, and reenactment. The City Council may repeal this ordinance, or amend it in any manner that does not result in an increase in the tax imposed herein, or add or modify exemptions, without further voter approval. If the City Council repeals this ordinance, it may subsequently reenact it without voter approval, as long as the reenacted ordinance does not result in an increase in the tax imposed herein.
Section 6. California Environmental Quality Act Requirements. This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065 and CEQA Guidelines sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080, subdivision (b)(8), and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.
Section 7. Special Tax; Two Thirds Vote Requirement. This Ordinance imposes a special tax for restricted general revenue purposes and shall be effective only if approved by two-thirds of the voters voting thereon.
RESOLUTION NO. ##,###-N.S.
VISION 2050 PROGRAM PLAN
WHEREAS, in November 2018, Berkeley voters overwhelmingly approved Measure R asking for the development of Vision 2050, a 30-year plan to identify and guide implementation of climate smart, technologically-advanced, integrated and efficient infrastructure to support a safe, vibrant and resilient future; WHEREAS, the City Council approved the Vision 2050 Framework on September 29, 2020, which recommended the development of a Program Plan; WHEREAS, the Vision 2050 Program Plan is a long-term plan to build, upgrade and repair Berkeley’s aging infrastructure to be more sustainable and resilient, reduce the City’s environmental footprint, adapt to climate change, reduce the risk of flooding and wildfires, better withstand the consequences of flooding and fires when they do occur, make the City’s public spaces more attractive, vibrant, and green, and otherwise improve the City’s infrastructure to meet the serious challenges of the future; and WHEREAS, the Program Plan provides a high-level funding approach, outcomes, program elements and measures, an approach to implementation, and oversight and reporting; and
WHEREAS, the Program Plan was developed after incorporating input from 25+ meetings with Commissions and community organizations; two scientific community surveys on infrastructure priorities; four public meetings held after an informational brochure and invitation to the meetings was mailed to all Berkeley residents; and City Council discussion and direction on January 20, May 31, and June 21, 2022; and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley adopts the Vision 2050 Program Plan.
1 Vision 2050 Program Plan
JULY 2022
VISION 2050
PROGRAM PLAN
2 July 2022
INFRASTRUCTURE PROGRAM PLAN
TABLE OF CONTENTS
01 02
03 04
05 06
07 THE INFRASTRUCTURE PROGRAM PLAN: OVERVIEW 4
1 .1 The Vision 2050 Initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.2 What is an Infrastructure Program Plan? . . . . . . . . . . . . . . . . . . . . . . . 7
1.3 Core Values and Principles Guide our Planning . . . . . . . . . . . . . . . . . . . . 7 IN
FRASTRUCTURE NEEDS AND COMMUNITY PRIORITIES 10
2 .1 Infrastructure Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.2 C
ommunity Input and Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . 13 IN
TRODUCING THE 30-YEAR PROGRAM PLAN . . . . . . . . . . . . . . . 16
3.1 O
utcomes of the Program Plan
. . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3. 2 Work Prioritization and Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . 27 TH
E PLAN’S FUNDING, RESULTS, AND TAX IMPACT 30
4.1 F
unding Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4. 2 Funding Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4. 3 Review of Tax Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
4. 4 Other Benefits of Infrastructure Spending . . . . . . . . . . . . . . . . . . . . . 37 PR
OGRAM DELIVERY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5.1 C
urrent Organization and Measure T1 Implementation 39
5. 2 Research on Other Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5.3 R
ecommendations for Vision 2050 Implementation . . . . . . . . . . . . . . . . 42 SUP
PORTING STRATEGIES . . . . . . . . . . . . . . . . . . . . . . . . . . 44
6.1 P
erformance Indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
6. 2 Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
6 .3 Reporting and Oversight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
6. 4 Lifecycle Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
6. 5 General Fund Support for Infrastructure Maintenance 48 A
PPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 A
ppendix A: Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 App
endix B: Glossary of Terms and Abbreviations . . . . . . . . . . . . . . . . . . 50 Ap
pendix C: Reference Documents . . . . . . . . . . . . . . . . . . . . . . . . . . 51
3 Vision 2050 Program Plan
Table 1: Updated Infrastructure Funding Needs . . . . . . . . . . . . . . . . . . . . 12 T
able 2: Prioritization Score Card . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Ta
ble 3: Summary of Priority Scoring . . . . . . . . . . . . . . . . . . . . . . . . . 28 Tab
le 4: Funding Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Tab
le 5: Existing Debt Service and Tax Impact . . . . . . . . . . . . . . . . . . . . 35 Ta
ble 6: Debt Service Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Ta
ble 7: Summary of Tax Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Tab
le 8: Cities Interviewed and Their Capital Programs . . . . . . . . . . . . . . . . 40 Ta
ble 9: Vision 2050 Key Program Performance Indicators 45 F
igure 1: Street Corner View from Vision 2050 . . . . . . . . . . . . . . . . . . . . . 5 Fi
gure 2: Vision 2050 Principles, Strategies and Recommended Actions 6,8 F
igure 3: Timeline for Vision 2050 initiative . . . . . . . . . . . . . . . . . . . . . . . 6 Fi
gure 4: Example Infrastructure Needs . . . . . . . . . . . . . . . . . . . . . . . . . 8 Fi
gure 5: Vision 2050 Core Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Fi
gure 6: Infrastructure Funding Needs by Vision 2050 Outcome Objective 13 F
igure 7: Outcomes of the Program Plan . . . . . . . . . . . . . . . . . . . . . . . 17 Fi
gure 8: Vision 2050 Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Fi
gure 9: Marina Community Vision . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Fig
ure 10: Project Approval Process . . . . . . . . . . . . . . . . . . . . . . . . . 29 Fi
gure 11: Vision 2050 Funding Sources . . . . . . . . . . . . . . . . . . . . . . . . 31 Fi
gure 12: Historical & Projected Property Tax . . . . . . . . . . . . . . . . . . . . 36 Fi
gure 13: Public Art in Berkeley . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Tables
Figures
4 July 2022
01 THE INFRASTRUCTURE
PROGRAM PLAN: OVERVIEW
This section provides an overview of the Vision 2050 Initiative and describes the Program Plan.
4 July 2022
5 Vision 2050 Program Plan
1.1 The Vision 2050 Initiative
The Vision 2050 initiative was introduced by Mayor
Arreguin at his 2017 State of the City address. He
described a complex network of pipes, streets,
utility wires, bikeways, and transportation systems
that are old and have suffered from historic
disinvestment, neglect, and poor maintenance. As
our infrastructure ages, we need a plan to make
sure our systems are resilient to handle a growing
population and climate change, including sea-level
rise, more flooding, and wildfires. As technological
innovations emerge and the condition of our
infrastructure declines, we have an enormous and
exciting opportunity to reimagine our streets and
public spaces. This initiative is about building a
future for Berkeley that provides essential services
for future generations.
In November 2018, Berkeley voters approved
Measure R. The Measure asked: “Shall the measure,
advising the Mayor to engage citizens and experts
in the development of Vision 2050, a 30-year plan
to identify and guide implementation of climate-
smart, technologically-advanced, integrated and
efficient infrastructure to support a safe, vibrant
and resilient future for Berkeley, be adopted?” The
response was a resounding yes.
A 40-member residents’ task force was formed and
the team analyzed quality of life, environmental
and technology trends, and funding issues. To help
keep focus on the future, the team imagined being
on a street corner in Berkeley in the year 2050.
What will Berkeley be like then? Figure 1 shows a
street corner view from 2050.
The task force worked diligently for 18 months
and developed the principles, strategies and
recommended actions shown on Figure 2.
Community engagement was at the center of
Vision 2050. Outreach began early in 2018 with
four information nights across Berkeley. Outreach
continued in an effort to reach people where they
already congregate, including neighborhood and
faith-based groups and community organizations.
From September 2018 to July 2019, the
Mayor’s Office presented at thirteen community
organization meetings in conversations that ranged
from a handful to one hundred people. Community
feedback was used to develop the principles,
strategies, and recommended actions.
Figure 1: Street Corner View from Vision 2050 report
6 July 2022
PRINCIPLES, STRATEGIES
AND RECOMMENDED ACTIONS
STATEGY ONE Use Integrated and Balanced Planning
Use multi-criteria decision-making
Use adaptive planning
Institute structured master planning
Develop an Asset Management Program
Prepare and implement a Dig Once policy
Accelerate the transition to clean energy and electrification Implement Complete Streets to provide sustainable
and healthy transportation
Develop natural streetscapes that provide ecosystem services Use sensors, data, and advanced technologies
Take advantage of a strong financial position to address infrastructure needs and commit to reducing large unfunded infrastructure liability by doubling capital expenditures Prepare a wildfire mitigation and safety plan
STATEGY THREE Adopt Sustainable and Safe Technologies
Develop an organization that is integrated and has
capacity to deliver
Prepare a program approach with management tools
Provide independent oversight and reporting
Prepare the City’s Organization to Implement
a Major Capital Program
STATEGY FOUR Invest in Our Future
STATEGY FIVE
STATEGY TWO Manage Infrastructure from Cradle to Grave
1 2
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VISION 2050
The Vision 2050 Framework
focused on better coordination,
integrated project delivery,
utilizing new financing
mechanisms, and broad principles
and strategies for our infrastructure
needs. The Framework was
approved by Berkeley’s City
Council in September 2020. The
City Manager then turned to
implement the recommendations
and assigned the Public Works
Department to lead the effort.
A timeline for the Vision 2050
initiative is shown below.
2017
Mayor Arreguin announces
Vision 2050 Initiative
November 2018
Measure R approved
by voters
2018-2019
Residents task force
conducted analysis
September 2020
City Council approves
Vision 2050 Framework
Current
Implementation led by
City Manager
Figure 2: Vision 2050 Principles, Strategies, and Recommended Actions Figure 3: Timeline for Vision
2050 Initiative
7 Vision 2050 Program Plan
1.2 What is an Infrastructure Program Plan?
This Infrastructure Program Plan (Plan) is the
City of Berkeley’s roadmap to rebuild our public
infrastructure over the next 30 years. This Plan
supports the Vision 2050 principles and provides
information on outcome objectives, program
elements, community input, the funding plan,
program implementation, and program oversight
and reporting. The Plan serves as a roadmap to
guide the many infrastructure decisions that will
be required throughout the next three decades.
The Plan is flexible and adaptable, so the City can
anticipate and address new challenges that we
will face in the future. Why prepare a Plan now?
Improving the City’s infrastructure requires new
funding and a revenue measure or measures, which
voters may consider on the November 2022 ballot.
This Plan is prepared to provide the public with
an understanding of the “big picture” for Vision
2050 in advance of voting for new funding. This
approach is an advancement from prior measures.
The Plan describes the work at the asset category
level—streets, stormwater, parks, waterfront, etc. It
is not a project-by-project prioritization. That will
happen if voters approve funding, after which a
project and program team will be formed and an
oversight committee designated.
1.3 Core Values and Principles Guide our Planning
Berkeley’s streets, storm drains, sewers, and water
lines date back to the early decades of the 20th
century. Critical systems are simply wearing out.
Recent budgets have been insufficient to address
these infrastructure needs, let alone modernize
our systems or improve their resilience. As defined
in the City’s resilience strategy, resilience is the
capacity of individuals, communities, institutions,
businesses, and systems within a city to survive,
adapt, and grow no matter what kinds of chronic
stresses and acute shocks they experience.
The growing backlog of aging infrastructure leaves
the community vulnerable to unplanned failure and
service interruptions. For residents, workers, and
businesses, this can translate to unsafe conditions,
increased cost, and impediments to quality of life.
Examples of infrastructure needs are shown in
Figure 4.
As we begin to grapple with Berkeley’s unfunded
infrastructure needs, new challenges are emerging.
The local impacts of the global climate crisis
pose a major threat to our aging infrastructure.
Extreme storm events, wildfires, heat waves,
drought, groundwater, and sea level rise will
challenge streets, pipes, and open spaces that were
designed for a more benign environment. These
vulnerabilities are layered upon other acute risks
such as a major earthquake, and chronic challenges
such as inequity. If our city is to survive and thrive, we must increase our resilience to these challenges.
8 July 2022
Street Pavement Damage
Sidewalk Repair
Deteriorated Marina Dock
As we rebuild our infrastructure and, at the same
time, reimagine a landscape for a changing future,
our infrastructure decisions must remain flexible,
yet grounded in a set of clear values. For this
reason, the Vision 2050 Framework identified four
core values as shown in Figure 5. These values will
guide implementation of Vision 2050.
Figure 4: Example Infrastructure Needs
Figure 2: Vision 2050 Principles
9 Vision 2050 Program Plan
Figure 5: Vision 2050 Core Values
10 July 2022
02 INFRASTRUCTURE NEEDS
AND COMMUNITY PRIORITIES
This section provides an update on the City’s infrastructure funding needs and the community’s infrastructure priorities.
10 July 2022
11 Vision 2050 Program Plan
2.1 Infrastructure Needs
The City has an extensive portfolio of capital assets
and infrastructure, including 216 miles of streets,
more than 300 miles of sidewalks, 255 miles of
sewers, 78 miles of underground storm drains, 95
public buildings, 52 parks, 2 pools, and 3 camps.
In addition, the City operates and maintains the
Berkeley Waterfront and its related facilities,
including the pier, docks, pilings, channel, streets,
pathways, parking lots, buildings, trails, Adventure
Playground, and 1,000 berth marina.
A City budget is prepared every two years and it
includes a Capital Improvement Program (CIP).
The City’s ability to fund its CIP is limited by the
total available resources that are competing with
other community priorities. CIP funding resources
include the General Fund, a number of special
revenue funds, grants, and loans. The CIP attempts
to identify all known CIP projects, categorizing them
as baseline (annual, recurring program), one-time
(special allocations, grants, loans), and unfunded
(funding source has yet to be identified).
The FY2022 CIP identified an infrastructure capital
funding need of more than $1 billion in Berkeley.
However, these infrastructure needs are constantly
changing due to increased construction costs
and new planning studies that result in updated
cost estimates. Past estimates also focused
primarily on “fix it first” type repairs rather than the transformational infrastructure sought by the Vision
2050 Framework.
For this reason, Table 1 provides an updated list
of infrastructure needs. This list includes updates
from prior estimates and advances Vision 2050 in
several significant ways. It adds asset categories
that are more than simply fixing or repairing an
asset and are about the ultimate use and safety of
the asset. For example, instead of solely identifying
the deferred maintenance in our pavement, the list
includes the cost of fully implementing our adopted
Bicycle and Pedestrian Plans, which would keep
our streets safe for all users, especially bicyclists
and pedestrians. Instead of focusing solely on
traditional infrastructure, it includes trees as an
important infrastructure category and begins to
address the climate crises by building in the cost of
undergrounding the City’s evacuation routes.
Some of these categories have existing, dedicated
funding for which an increase is necessary to cover
these needs. Others categories may require multiple
revenue sources, such as the General Fund, grants,
State and Federal funding, developer contributions,
user rates, and new revenue sources. An estimate
of potential revenue from these funding sources is
provided in Section 4.
Figure 6 summarizes these same needs, grouped by
asset category within each of the four Vision 2050
Program outcomes discussed in Section 3. If these
needs are addressed, then Vision 2050’s goal of
resilient and sustainable infrastructure will
be reached.
12 July 2022
TABLE 1
INFRASTRUCTURE FUNDING NEEDS
(These are updated on an ongoing basis)
Asset Category Infrastructure Funding
Needs, in 2022 dollars
More immediate needs
Parks, camps, and pools $116,000,000
Watefront $131,000,000
Public buildings $288,000,000
Sidewalks $60,000,000
Streets $248,000,000
Sewers $194,000,000
Stormwater $259,500,000
Traffic Controls, Streetlights, and Parking $26,000,000 Longer-term needs
Bike and Pedestrian plan projects $122,500,000
Maudelle Shirek Building (Old City Hall),
Veterans Memorial Building, Civic Center Park
$110,000,000
Transfer station and recycling center $76,000,000
Transit projects $45,000,000
Trees $21,000,000
Utility Undergrounding $105,000,000
Total Average $1,802,000,000
Table 1’s cost estimates are largely work that would
be capital funded. In some cases, such as with
streets and roads, the estimate includes recurring
annual costs to keep the asset performing at the
expected level and without deterioration. The
requirement to fund the annual maintenance of
assets is addressed in the Asset Management
Program discussed in Section 6.
13 Vision 2050 Program Plan
2.2 Community Input and Priorities
To better understand the community’s infrastructure
priorities, the following was completed in winter
2021 through spring 2022:
› Two statistically-reliable surveys of a
representative sample of 500 Berkeley voters
› Meetings with over 25 commissions and local
community organizations
› An online public survey that received over
1,000 responses
› An informational mailer to all Berkeley residents
› Development of a Vision 2050 website
BerkeleyVision2050.org
› Four virtual large area public meetings
All of these efforts have been instrumental in sharing
information and gaining input in the development of
this Program Plan.
A survey in October 2021 of a random,
representative sample of 500 Berkeley voters
elicited respondents’ infrastructure priorities and
found that voters’ top priorities included:
› Increasing affordable housing for
low-income and homeless residents
(79% rated as“important”)
› Upgrading storm drains, green infrastructure,
and watersheds to keep pollution from the Bay
(79% important)
› Developing climate change resiliency, including
protecting against sea level rise, wildfires and
drought (78% important)
› Undergrounding utilities to reduce the risk of
wildfire (73% important)
› Repairing deteriorating streets (73% important)
Figure 6: Infrastructure Funding Needs by Vision 2050 Outcome Objective
14 July 2022
An online survey was also conducted and a total
of 1,024 responses were received. For the most
part, the results from the online survey aligned with
the scientific survey. More so than the scientific
survey, street repair stood out as a clear top priority followed by affordable housing. The top five
ranked priorities are listed below, with percentages
indicating the number of respondents who ranked
the particular item as top priority:
› 28.5% – Street repair
› 19.2% – Affordable housing
› 8.3% – Bike lanes/safety
› 7.5% – Climate change resiliency
› 6.8% – Pedestrian safety
Input on this Program Plan was gained from four
large area public meetings held on March 30,
April 6, April 13, and April 20 and the following
Commissions: Environment and Climate, Disaster
and Fire Safety, Disabilities, Parks and Waterfront,
Public Works, and Transportation. Berkeley residents
brought their questions, input, and comments, a
summary of which can be found at
BerkeleyVision2050.org.
This program plan reflects input gathered from these
meetings and City Council meetings on May 31 and
June 21, 2022:
› More detail on possible climate and
street investments
› Adding regular five-year updates
› Address overall vision
› Incorporate trees as public infrastructure assets
› Include indicator on tree canopy and diversity
› Address sidewalks
› Address equity and reference existing
equity-based plans
› Include transit
› Explain why affordable housing is being
considered for the revenue measure(s)
› Include developers’ fees as source of revenue
› Address General Fund commitments to
maintaining public infrastructure
› Include public art
› Revise indicators on EVs, sidewalks,
and micromobility
› Revise Program Delivery section to
address paving, traffic safety, and a multi-
benefit approach
› Include more on climate change, e.g.,
resilience and electrification in buildings
› Include reference to the San Pablo Park pool
› Include coordination of programs/projects for
multiple benefits
15 Vision 2050 Program Plan
16 July 2022
03 INTRODUCING THE
30-YEAR PROGRAM PLAN
16 July 2022
17 Vision 2050 Program Plan
3.1 Outcomes of the Program Plan
This Plan includes visible outcomes. Four major
outcomes have been identified that incorporate and
advance Vision 2050 principles and core values, and
incorporate community input received to date.
The outcomes are shown in Figure 7 and the related
infrastructure components are described below.
Figure 7: Outcomes of the Program Plan
The City’s infrastructure systems are very complex,
are in daily use, and can’t be improved all at once.
This Plan proposes making the improvements over
a 30-year planning period in order to achieve a
sustainable and resilient infrastructure. This is a
reasonable time frame given the need to balance
the work priority, the funding required, tax impacts,
and the ability to deliver the projects. This also
allows time for incorporating new technologies as
they develop.
This 30-year Program Plan provides the
following information:
› The major outcomes from implementing
the Plan
› Implementing the Plan over 30 years
in phases
› Possible results from the first phase
18 July 2022
Having streets and streetscapes that are safer,
greener, vibrant and enjoyable, use sustainable
technologies, and are in “good” or better condition
is a top priority from the community input, has
been a subject of City audits, and is a priority of
the Council. The asset categories to achieve this
outcome are described below.
Asset Category 1 – Street Surface
The poor condition of Berkeley’s streets has been
documented by the City Auditor’s report Rocky
Road: Berkeley Streets at Risk and Significantly
Underfunded, by residents’ complaints, and by an
overall low Pavement Condition Index (PCI). On a
scale of 0 to 100, streets in a “good” condition have
a PCI between 70 – 79. Berkeley’s streets are “at
risk” with an overall average PCI of 57 and, without
more funding, will continue to deteriorate. From a
community survey conducted in the fall of 2021,
improving the condition of Berkeley’s streets is one
of the community’s highest infrastructure priorities.
The target is to improve Berkeley’s streets to a PCI
of more than 70.
Berkeley’s streets in 2050 will look much different
than today. Personal automobiles will be rarer,
and public transit, ride sharing services, bicycling,
and walking more common. Streets will better
serve all users, and include visible engineering
improvements that make bicycling and walking
safer. These streets will make transit easier, safer,
faster, and more reliable to access and use. Work in
our streets will also require a coordinated approach
to the infrastructure above, both at and below the
street surface. This will require planning that is
integrated and uses concepts such as “Dig Once” .
We also will use other street surface technologies
that are long lasting, help absorb stormwater and
reduce pollution, reduce surface temperatures
and the “urban heat island” effect, and reduce our
dependence on asphalt paving, the production of
which generates greenhouse gas emissions.
The expected outcome is for Berkeley’s street
surface to be in an overall “good” condition, to
move toward using sustainable technologies, and
to have Vision Zero and Dig Once policies fully
implemented.
Asset Category 2 - Sidewalks
Most Berkeley residents use a sidewalk daily, and
many of us much more. Sidewalks in 2050 will be
an even more important part of the transportation
network. They will accommodate and promote the
City’s trees and healthy urban forest, serve users
Outcome 1 – Have Safe and Good Quality Streets
Streets are Safer, More Sustainable, Improved to a Good Condition, and Maintained
Figure 8: Vision 2050 Streets
Reimagine Streets:
› Implement Multi modal Streets with
Protected Sidewalks and Bike Lanes
› Introduce Pervious and/or
Cool Pavement
› Reclaim Street Parking for Trees
and Vegetation
› Promote transit use