Berkeley City Council
December 2, 2025

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

SECTION 2: PARTIES TO THE AGREEMENT

2.1 Exclusive Representation
The Union is the exclusive representative of all employees within Representation Unit C (Electrical Occupations) and shall continue to be recognized as such unless, in accordance with the provisions of Resolution No. 43,397-N.S. or said Resolution may be amended, the Union is no longer certified as the Recognized Employee Organization for employees in Representation Unit C.

2.2 Management Rights
The Union recognizes that the management of the City and its business and the direction of its working forces are vested exclusively in the City, and this includes, but it not limited to, the following: to direct and supervise the work of its employees, to hire, promote, demote, transfer, suspend, and discipline or discharge employees for just cause; to plan, direct, and control operations; to lay off employees because of lack of work or for other legitimate reasons; to introduce new or improved methods or facilities, provided, however, that all of the foregoing shall be subject to the provisions of this Agreement, arbitration decisions, or letters of agreement, or memorandums of understanding clarifying or interpreting this Agreement.

The City shall not by reason of the execution of this Agreement (a) abrogate or reduce the scope of any present plan or rule beneficial to employees, such as its vacation and sick leave policies or its retirement plan, or (b) reduce the wage rate of any employee covered hereby, or change the conditions of employment of any such employee to his disadvantage. The foregoing limitation shall not limit City in making a change in a condition of employment if such change has been negotiated and agreed to by City and Union.

SECTION 3: NO DISCRIMINATION
The City and Union agree that they will not discriminate against employees covered by this Agreement in a manner which would violate any applicable laws due to any status protected by applicable state or federal law, or protected Union activity. Furthermore, the City and Union agree to comply with all applicable federal, state and local laws pertaining to nondiscrimination and equal employment opportunity.

The City of Berkeley Harassment Prevention Policy and Sexual Harassment Policy, as may be amended from time to time to comply with applicable state or federal law, is available on-line on the City’s IntraWeb at CITY OF BERKELEY (berkeleyca.gov), in the Department of Human Resources, or by contacting the City’s Equal Employment Opportunity and Diversity Officer.

The Union agrees that it will support programs for making members of minority groups

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

and women aware of employment opportunities within the City’s jurisdiction, and that it will work with the City to increase recruitment efforts of such minorities and women into City service. The Union recognizes and supports the City of Berkeley's commitment to equal employment opportunity.

SECTION 4:

UNION SECURITY

4.1 Union Security

4.1.1 An employee included in Unit C, may become and remain a member in good standing of the Union; or pay to the Union an initial fee equal to the regular initiation fee and, thereafter, a monthly fair share service fee equal to the regular monthly union dues and general assessments.

4.1.2 Contracting Out
The City will not hire any contractors, firm or individual which will result in the layoff of any employees covered under this Agreement.

4.1.3 Subcontracting
If the City intends to subcontract any electrical or communication work, the City will notify the Union in advance of any bid solicitation whose value is estimated to be $25,000 or more. The City will notify the Union in advance by mailing a copy of the City Council Bid Notifications Report to the Union Stewards.

Information will be sent to the Union at the same time it is forwarded to the City Council and will include nature of project, the name of department requesting the work, and the budget code. Upon written request from the Union, the City will provide a copy of the actual bid specifications.

For electrical or communication work estimated to cost less than $25,000, the City will provide the Union Stewards a copy of the Council Awarded Contracts Report on a monthly basis.

4.2 Indemnification and Union Reports

4.2.3 Indemnification
The Union shall indemnify and save harmless the City, its officers and employees, from and against any and all loss, damages, costs, expenses, claims, attorneys’ fees, demands, actions, suits, judgments and other proceedings arising out of any claims made by Unit C employees for deductions made in reliance on information provided by the Union.

4.2.4 Union Reports
The City shall furnish the Union, on a monthly basis, the name, date of hire, salary, classification and work location of all newly-hired employees subject

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to this Agreement.

4.3 New Employee Orientation
This provision shall apply to new hire employees appointed to classifications covered by this Agreement.

4.3.1 Onboarding
The parties acknowledge that the City provides a new employee orientation (onboarding) to each new employee hired by the City. As such, the Union will be provided with not less than 10 calendar days’ advanced notice of the time, date, and location of the onboarding of any new employee represented by the Union. The Union will be given 30- minutes at the start of the new employee onboarding in a room designated by the City for no more than one (1) representative to present Union membership information. The City representative will excuse him or herself during the Union portion of the onboarding. The Union agrees in its portion of the onboarding not to engage in speech that could cause disruption or material interference with City activities.

The City will provide 30 minutes of Union Release Time to the Union representative presenting the Union membership information during the scheduled onboarding. The Union shall provide the Union representative’s immediate supervisor with the Union representative’s name at least five (5) days prior to the onboarding. The Union representative shall be released for this purpose unless unusual operation needs interfere with such release in which case the Union representative’s immediate supervisor will provide a written explanation of why release could not be approved. If the Union representative is not released due to department operational needs, the Union representative may arrange an alternative date and time to meet with the newly hired employee within the first two (2) weeks of employment, subject to the 30-minutes onboarding and Union Release Time requirements as stipulated above.

4.3.2 Information Provided
On a quarterly basis (March, June, September, and December), the City will provide the Union with a digital file via email to the email address designated by the Union. The Union acknowledges and understands that the City is working diligently and in good faith to update its contact information database functionality to incorporate all the fields of contact information listed below.

As a result, the City may not initially be able to provide the employee’s work telephone number, personal phone number, and personal email address until the completion and implementation of the City’s new Enterprise Resource Management Application (ERMA) system.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

The City will provide the Union with the following information on file, to the extent the City has it on file:
• Name.
• Job Title.
• Department.
• Work Location.
• Home telephone number.
• Home address.
• Personal cellular telephone number (new hires hired on or after October 1, 2017).
• Work telephone number (upon implementing ERMA ).
• Personal email addresses on file with the City (upon implementing ERMA).

Notwithstanding the foregoing, limited to the express purpose of the requirements of Government Code section 3558 only, an employee may opt out via written request to the City (copy to the Union) to direct the City to withhold disclosure of the employee's: Home address; home telephone number; personal cellular telephone number; personal email address; and date of birth.

SECTION 5: DEDUCTION OF UNION DUES

5.1 Deductions
The City shall deduct, once monthly, the amount of Union regular and periodic dues, service fees, or insurance premiums as may be specified by the Union under the authority of written notification by the Union certifying that the employee has provided written affirmed consent for deduction of union membership dues or fair share service fees.

Such deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Union office.

5.2 Revocation
Upon receipt of a written notice from the Union to the Human Resources Department, the City shall cease deducting membership dues or fair share service fees from the designated employee.

5.3 Authorization Forms
The City may request verification of employee’s authorization form giving affirmed consent to deduct dues or fees only if a legitimate dispute arises about the existence or term of the authorization.

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City of Berkeley IBEW Local 1245

5.4 Notice
Union agrees to give reasonable notice of dues change.

SECTION 6: UNION REPRESENTATIVES

6.1 Number of Representatives
The City shall allow two (2) representatives of the Union reasonable time off from work, without loss of compensation or other benefits, to represent its members in disputes which involve the interpretation or application of those rules, regulations, and resolutions which have been or may hereafter be adopted by the 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 memoranda of understanding which may result from the meeting and conferring process, and to represent its members in meeting and conferring in good faith for amendments to this Memorandum Agreement in the future, subject to the conditions set forth in Sections 6.2 (Maximum Representatives) and 6.3 (Notification).

All release time shall be recorded on time sheets and time cards with appropriate codes.

6.2 Maximum Representatives
Two (2) Union representatives shall be the maximum number who will be allowed concurrent time off.

6.3 Notification
The representatives shall notify the first non-bargaining supervisor a minimum of one workday in advance before leaving their work assignments except for emergency situations which require the immediate attention of said representatives (an emergency is defined as a safety problem or hazardous condition), but in no case shall an employee leave his or her job without notification of the first non-bargaining supervisor. Such request shall include the location, and area of activity, the approximate time needed and the general nature of the union business involved. Such request shall not be unreasonably denied. Failure to comply with notification and time recording rules may be grounds for denial of leave.

6.4 Union/Management Meetings
Quarterly meetings shall be held between the union and management. Release time shall be granted for up to two union representatives. Agendas for such meetings shall be set one week in advance between the Business Representative of the Union and the City Manager or their designees. Meetings within department

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City of Berkeley IBEW Local 1245

may be held at the discretion of the department head.

6.5 Union Training
Conditional upon prior approval of the course content and upon receipt of certification of completion, if the employee is an elected official or steward of the Union, the City shall reimburse the employee for up to one-half of his or her regular work time spent in such training at the employee's permanent rate of pay, not to exceed twenty (20) hours of paid leave in a calendar year.

SECTION 7: SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum Agreement are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of this Memorandum Agreement shall be null and void, but such nullification shall not affect any other provisions of this Memorandum Agreement, all of which other provisions shall remain in full force and effect.

SECTION 8:

EXISTING MEMORANDUM AGREEMENT
Pursuant to Section A of the Memorandum of Understanding dated August 9, 1972 by and between the City and the Union, this Memorandum Agreement shall supersede all existing Memoranda of Understanding between the City and the Union. There is no guarantee that working conditions and practices will be continued if they are not included in this Memorandum Agreement or have not been or are not hereafter specifically authorized by ordinance or by resolution or the City Council.

SECTION 9:

FINALITY OF RECOMMENDATIONS
The recommendations set forth herein are final. No changes or modifications shall be offered, urged, or otherwise presented by the Union, or the City Manager prior to October 20, 2018; provided, however, that nothing herein shall prevent the parties to this Memorandum Agreement from meeting and conferring and making modifications herein by mutual consent.

SECTION 10: DURATION
This Memorandum Agreement shall be effective upon ratification by the City Council except for those provisions which have been assigned other effective dates as herein set forth, and shall remain in full force and effect up to and including June 30, 2028. This Memorandum Agreement and all its rights, obligations, terms and provisions shall expire and otherwise be fully terminated at midnight June 30, 2028.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

ARTICLE 2 - SALARIES, HOURS OF WORK AND

COMPENSATION ISSUES
SECTION 11: SALARIES

11.1 Salary Rates
Salary rates for the period of July 1, 2025 through June 30, 2028, 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 Council Approval
The salary ranges for the classification covered by this Agreement as listed in Exhibit A will receive a salary increase 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 salary increase of four percent (4.0%).

Effective the first full pay period in July 2026, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to two and a half percent (2.5%).

Effective the first full pay period in January 2027, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to two percent (2.0%).

If during any fiscal year during the term of this agreement, the City executes an agreement with the largest miscellaneous bargaining unit or extends the unrepresented employees an across the board Cost of Living Adjustment (COLA) increase, an across the board wage increase, an across the board 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 A. For purposes of this provision, “across the board” means that the wage COLA, or lump sum increase applies equally to all qualifying members in the largest miscellaneous bargaining unit or all unrepresented employees.

11.2 Step Placement
Employees occupying a position in the competitive service shall be paid a salary or wage within the range established for that position's class as set forth in Exhibit “A”.

The minimum rate for the class shall apply to employees upon original appointment

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City of Berkeley IBEW Local 1245

to the position except as may be determined by the City Manager within the negotiated wage ranges. Employees who have been laid-off and are rehired to the same classification shall be placed on the same wage step they were in when laid- off. Transfers shall not affect an employee's salary rate. Employees appointed to any of the positions set forth in Exhibit “A” and employed or working on a part-time basis shall be paid in proportion to the time worked and described in their appointment.

11.3 Maximum Salary Rate
No salary advancement shall be made so as to exceed the maximum rate established for the class to which the advanced employee's position is allocated.

Advancement shall be in accordance with the compensation plan of the City and shall depend upon increased service value of an employee to the City as exemplified by recommendations of the department head, performance record, special training, length of service, and other pertinent evidence.

11.4 Effect of Leaves
An employee's pay increase shall not be affected by any leave of absence without pay if the employee is off the payroll for less than one hundred sixty (160) consecutive hours. If the employee is off the payroll for more than one hundred sixty (160) consecutive hours, the total amount of time off shall be made up before the employee shall be entitled to such pay increase.

11.5 Y-Rate
Any employee occupying a position which is reallocated to a class, the maximum salary for which is less than the incumbent's present salary, or occupying a position in a class, the salary rate or range for which is reduced, shall continue to receive his present salary. Such salary shall be designated as a Y rate. When an employee on a Y rate vacates his or her position, subsequent appointments to that position shall be made in accordance with Section 11.1 (Salary Rates).

11.6 Pay Frequency
Payment of salaries shall be made bi-weekly. Each pay period shall begin at 12:01 a.m. Sunday up to and including 12:00 midnight Saturday two weeks following. Each payment shall be made not later than the Friday following the end of each payroll period and shall include payment for all earnings during the previous payroll period.

11.6.1 Full-Time
Bi-weekly payment to full-time employees shall be made on the basis of the hourly rate, as set forth in Exhibit A, multiplied by the number of hours worked during the pay period.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

11.6.1.1 40 Hour Week
For employees on a forty (40) hour week schedule, the annual salary shall be the product of the hourly salary times 2,080 hours.

11.6.1.2 37.5 Hour Week
For employees on a thirty-seven and one-half (37.5) hour work week schedule, the annual salary shall be the product of the hourly salary times 1,950 hours.

11.6.1.3 Monthly Salary
The monthly salary shall be the quotient of the annual salary divided by

12. 11.6.2 Part-Time
Bi-weekly payment to part-time employees in a class for which a monthly salary rate has been herein established shall be made on the basis of the hourly rate multiplied by the number of hours worked during the pay period.

The hourly rate for such part-time employees shall be computed in the same manner as for full-time employees.

11.6.3 Intermittent
Bi-weekly payment to intermittent employees in a class for which a monthly salary rate has been established shall be made on the basis of the hourly rate multiplied by the number of hours worked during the pay period. The hourly rate for such intermittent employees shall be computed in the same manner as for full-time employees.

11.6.4 Bi-Weekly Daily Rate
Bi-weekly payment to employees in a class for which a daily rate rather than a monthly rate has been herein established shall be made on the basis of the actual days worked during the biweekly pay period multiplied by the daily rate.

11.6.5 Bi-Weekly Hourly Rate
Bi-weekly payment to employees in a class for which an hourly rate rather than a monthly rate has been herein established shall be made on the basis of the hourly rate multiplied by the number of hours worked during the pay period.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

11.7 Higher Classification
The Department Head will work all employees within their career classifications. The departments may specifically assign an employee to work in a higher class. Such assignments shall be in writing and shall indicate the reasons, length and duties of the assignment. Assignments over one (1) week shall be approved in advance by the City Manager or his or her designee. Blanket authorizations for department will be issued on a yearly basis for applicable positions. To be eligible 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.

11.8 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.

11.9 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.

11.10 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.

11.11 Overtime Underpayment
The City will include any payment of overtime, which was inadvertently omitted or miscalculated, in the following pay period's check.

11.12 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 Concord. Other

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

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.

Whenever a cost of living increase and equity increase take effect on the same day, the increases will be added together rather than compounded.

11.13 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.

11.14 Effective Date of Salary Adjustment
Any general future salary adjustments will be set to become effective on the first day of the pay period.

11.15 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.

11.16 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

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City of Berkeley IBEW Local 1245

performing maintenance of lights at San Pablo Park, shall receive Height Premium Pay Differential of one and one-half times (1 ½) 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.

11.17 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.

11.18 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. This provision shall expire effective the first full pay period of July 2026.

Effective the first full pay period in July 2026, employees completing fourteen (14) years of service shall receive a three percent (3%) differential beginning with the anniversary date of beginning the fifteenth (15th) 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.

11.19 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.

11.20 Notification of New Classification
The City shall notify the Union and upon written request discuss in advance the establishment of new career classifications if the work is related to work performed by classifications covered in this agreement. This procedure shall also be applicable

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to the reclassification of positions presently in this MOU.

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 D (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.

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.

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12.5 Rest Period
Each employee shall be entitled to a rest period of fifteen (15) minutes during each one-half (1/2) 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.

12.7 Family Friendly and Environment Friendly Workplace The City shall comply with the applicable provisions of the Berkeley Family Friendly and Environment Friendly Workplace Ordinance 13.101 to members of this bargaining unit. As such, employees may request variable working hours such as, but not limited to, 10 hours a day, four (4) days a week, flexing start and end times, and working under a flexible arrangement. Management may approve, in advance, an employees’ request to temporarily flex their work schedule between the hours of 6:00 a.m. and 8:00 p.m. on a particular day, or over a specific period of time, by adjustment to the employee’s start time and end time, or lunch break. Any denial of an employee’s request for flexible scheduling shall explain the denial in a written response that sets out a business reason for the denial.

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

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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; 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.

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13.5.1 Overtime Earned Rest Period
If an employee has worked four (4) hours or more of overtime between the hours of 8:30 p.m. and 4:30 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 8:30 p.m. and 4:30 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.

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.

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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. Employees who wish to be considered for scheduled overtime during that time period must sign the list.

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City of Berkeley IBEW Local 1245

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-

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shift assignment.

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 (1 ½) 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.

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City of Berkeley IBEW Local 1245

ARTICLE 3 - LEAVES
SECTION 16: VACATION

16.1 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.

16.2 Use of Incremental Vacation
Employees may, with advance supervisory approval, use vacation leave in increments of one hour.

16.3 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

16.3 (Accrual Rates as of
December 8, 1987) and 16.4
2 work
weeks 0.833 6.667
Fourth (4 th) through eleventh (11 th)
calendar years of service (except as
provided in Section 16.4 below)
3 work
weeks 1.25 10.00
Twelfth (12 th) through seventeenth
(17th) calendar years (except as
provided in Section 16.4)
4 work
weeks 1.667 13.33
Eighteenth (18th) through twenty-fourth
(24th) calendar years (except as
provided in Section 16.4)
5 work
weeks 2.083 16.667
Twenty-fifth (25 th) and subsequent
calendar years (except as provided in
Section 16.4)
6 work
weeks 2.5 20.00

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City of Berkeley IBEW Local 1245

The authorized annual vacation leave for prior years is set forth in Exhibit C attached hereto and made a part hereof.

16.4 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.

16.5 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.

16.5.1 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.

16.5.2 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.

16.6 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

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City of Berkeley IBEW Local 1245

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 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.

16.7 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 16.7 (Prorated Vacation due to Extended Absence, Reemployment or Reinstatement) or Section 16.8 (Payment of Vacation upon Termination or Extended Leave after Six Months of Service).

16.8 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.

16.9 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

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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.

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.

16.10 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.

16.11 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.

16.12 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.

16.13 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.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

SECTION 17: HOLIDAYS

17.1 Holidays
Recognized holidays for employees in Representation Unit C shall be:

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 Cesar Chavez Day (observed on the last Monday in March)

17.1.6 Malcolm X's Birthday (observed on Monday or Friday nearest May 19th)

17.1.7 Memorial Day (observed on the last Monday in May)

17.1.8 Juneteenth National Independence Day (observed on the Monday or Friday nearest June 19th)

17.1.9 Independence Day

17.1.10 Labor Day (observed on the first Monday in September)

17.1.11 Indigenous Peoples' Day (observed on the second Monday in October)

17.1.12 Veteran's Day

17.1.13 Thanksgiving Day

17.1.14 Day after Thanksgiving Day

17.1.15 Christmas Day

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.

17.3 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 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.

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City of Berkeley IBEW Local 1245

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 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

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City of Berkeley IBEW Local 1245

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).

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

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City of Berkeley IBEW Local 1245

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.

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

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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-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.

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City of Berkeley IBEW Local 1245

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 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,

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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 pre- disability 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

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while 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.

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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.

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.

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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 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: BEREAVEMENT LEAVE
In the case of death within the immediate family of an employee the employee shall be entitled to remain absent from duty with pay in order to attend the funeral or memorial service, and grieving for a period not exceeding five (5) working days. Three (3) working days shall be with pay. Two (2) working days shall be unpaid except that an employee may use available, accrued sick leave, vacation, or compensatory time, for two (2) working days or, in the case of a funeral or memorial service conducted out of the State of California, all five (5) working days shall be with pay. Bereavement leave is not required to be taken in consecutive days but shall be taken within three (3) months of the death of the family member. For the purpose of this Section, the immediate family of an employee shall be defined as: parent, parent-in-law, or parent of the domestic partner, grandparent, grandparent-in-law, or grandparent of the domestic partner, spouse, domestic partner, child, child-in-law, step-child, child of the domestic partner, foster child, sibling, step- sibling, sibling-in-law, aunt or uncle of the employee, nieces and nephews, grandchild, any relative living in the immediate household of the employee, or any other person sharing the relationship of in loco parentis.

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
Military and Maritime Leave shall be governed by the provisions of the Federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and any regulations

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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 During approved parental leave, after all earned leaves are exhausted,

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(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 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.

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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 B (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.

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

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lesser of twenty percent (20%) (single, two-party, family) or the amount of the Kaiser HMO premium amount (single, two-party, 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.

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 B (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.

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

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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 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.

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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.

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).

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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 non-City 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.

25.2 Eligibility
An employee is eligible for the retiree health insurance coverage set forth in sub- Section 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

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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 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.

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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.

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

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the employee’s total years of CalPERS service as provided in the above- referenced chart.

25.3.7.1Retiree 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. On reaching age 65, the City will make available health insurance coverage in addition to Medicare. For employees in the bargaining unit retiring after November 30, 2025, the following shall apply: when an employee or retiree with an effective retirement date after November 30, 2025 reaches age 65, the City will contribute no more than $300.00 per month on the employee’s behalf for single party health insurance coverage and no more than $600.00 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.

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

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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.

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

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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.

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.

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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 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

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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.

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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 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

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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.

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.

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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 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

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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.

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,

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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.

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.

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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 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 of Seven Hundred and Fifty dollars ($750) each July 1. New employees hired before or after July 1 will be entitled to a prorated tool replacement allowance payable the following July 1 after employment.

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36.4 Shoes
Effective the first full pay period in July 2025, an annual allowance of three hundred dollars ($300) shall be paid to Classifications covered in this MA toward the purchase of safety shoes.

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:

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

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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 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

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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

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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.

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

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Section 21580 (December 16, 1973).

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

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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 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

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

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

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 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

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

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 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

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

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 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

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

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.

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.

2025-2028 Memorandum Agreement
IBEW Local 1245City of Berkeley

SIGNATURE PAGE
Executed 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 Sheila Lawton, Asst. Business Manager
(Chief Negotiator)
Casey Salkauskas, Asst. Business Manager
Greg Marwick, Steward
Ryan Schaeffler, Negotiation Committee
Paul Buddenhagen, City Manager
Janelle Rodrigues, Director of Human
Resources
Chaka Young, Employee Relations
Manager
Terrance Davis, Director of Public Works

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

EXHIBIT A - Hourly Salary Schedule
Salary Ranges as of Ratification (4% Cost of Living Adjustment) JOB

CLASS CLASSIFICATION TITLE FLSA PAY
GRADE
STEP
1 STEP 2 STEP 3 STEP 4 STEP 5
9028 COMMUNICATIONS SUPERVISOR N C007 69.3250 71.3751 73.4250 3016 COMMUNICATIONS TECHNICIAN N C001 54.8370 57.4745 60.0971 5020 ELECTRICAL PARTS TECHNICIAN N C002 40.0964 42.6863 44.9247 46.0600 9027 ELECTRICAL SUPERVISOR N C006 69.3250 71.3751 73.4250 5021 ELECTRICIAN N C003 54.8370 57.4745 60.0971
5032 LEAD COMMUNICATIONS TECH N C004 58.6259 61.2798 64.2221 5033 LEAD ELECTRICIAN N C005 58.6259 61.2798 64.2221
Salary Ranges as of July 5, 2026 (2.5% Cost of Living Adjustment) JOB

CLASS CLASSIFICATION TITLE FLSA PAY
GRADE
STEP
1 STEP 2 STEP 3 STEP 4 STEP 5
9028 COMMUNICATIONS SUPERVISOR E C007 71.0581 73.1595 75.2606 3016 COMMUNICATIONS TECHNICIAN N C001 56.2079 58.9114 61.5995 5020 ELECTRICAL PARTS TECHNICIAN N C002 41.0988 43.7535 46.0478 47.2115 9027 ELECTRICAL SUPERVISOR E C006 71.0581 73.1595 75.2606 5021 ELECTRICIAN N C003 56.2079 58.9114 61.5995
5032 LEAD COMMUNICATIONS TECH N C004 60.0915 62.8118 65.8277 5033 LEAD ELECTRICIAN N C005 60.0915 62.8118 65.8277
Salary Ranges as of January 3, 2027 (2% Cost of Living Adjustment) JOB

CLASS CLASSIFICATION TITLE FLSA PAY
GRADE
STEP
1 STEP 2 STEP 3 STEP 4 STEP 5
9028 COMMUNICATIONS SUPERVISOR E C007 72.4793 74.6227 76.7658 3016 COMMUNICATIONS TECHNICIAN N C001 57.3321 60.0896 62.8315 5020 ELECTRICAL PARTS TECHNICIAN N C002 41.9208 44.6286 46.9688 48.1557 9027 ELECTRICAL SUPERVISOR E C006 72.4793 74.6227 76.7658 5021 ELECTRICIAN N C003 57.3321 60.0896 62.8315
5032 LEAD COMMUNICATIONS TECH N C004 61.2933 64.0680 67.1443 5033 LEAD ELECTRICIAN N C005 61.2933 64.0680 67.1443

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

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 D (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.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

EXHIBIT B

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

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

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 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.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

EXHIBIT C – 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

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

EXHIBIT D - 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.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

EXHIBIT E - IMPLEMENTING THE REDUCED WORK SCHEDULE
NOTE:

This Exhibit E 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 D (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.

2025-2028 Memorandum Agreement
City of Berkeley IBEW Local 1245

EXHIBIT F

DIRECTIVE PROHIBITING UNAUTHORIZED CONSTRUCTION

RESOLUTION NO. ##,###-N.S.

ADOPTING A NEW CLASSIFICATION AND SALARY RESOLUTION FOR INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 AND RESCINDING RESOLUTION NO. 70,453-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, 2025 through June 30, 2028 to incorporate changes to the salary schedule as shown in Exhibit A attached hereto and made a part thereof.

BE IT FURTHER RESOLVED that Resolution No. 70,453-N.S. is hereby rescinded.

Exhibits
A: International Brotherhood of Electrical Workers, Local 1245 Classification/Salary Schedule Period: December 7, 2025 through June 30, 2028.

EFFECTIVE DATE CLASSIFICATION STEP HOURLY RATE
12/07/2025 COMMUNICATIONS SUPERVISOR 3 69.3250
12/07/2025 COMMUNICATIONS SUPERVISOR 4 71.3751
12/07/2025 COMMUNICATIONS SUPERVISOR 5 73.4250
12/07/2025 COMMUNICATIONS TECHNICIAN 3 54.8370
12/07/2025 COMMUNICATIONS TECHNICIAN 4 57.4745
12/07/2025 COMMUNICATIONS TECHNICIAN 5 60.0971
12/07/2025 ELECTRICAL PARTS TECHNICIAN 2 40.0964
12/07/2025 ELECTRICAL PARTS TECHNICIAN 3 42.6863
12/07/2025 ELECTRICAL PARTS TECHNICIAN 4 44.9247
12/07/2025 ELECTRICAL PARTS TECHNICIAN 5 46.0600
12/07/2025 ELECTRICAL SUPERVISOR 3 69.3250
12/07/2025 ELECTRICAL SUPERVISOR 4 71.3751
12/07/2025 ELECTRICAL SUPERVISOR 5 73.4250
12/07/2025 ELECTRICIAN 3 54.8370
12/07/2025 ELECTRICIAN 4 57.4745
12/07/2025 ELECTRICIAN 5 60.0971
12/07/2025 LEAD COMMUNICATIONS TECHNICIAN 3 58.6259
12/07/2025 LEAD COMMUNICATIONS TECHNICIAN 4 61.2798
12/07/2025 LEAD COMMUNICATIONS TECHNICIAN 5 64.2221
12/07/2025 LEAD ELECTRICIAN 3 58.6259
12/07/2025 LEAD ELECTRICIAN 4 61.2798
12/07/2025 LEAD ELECTRICIAN 5 64.2221
07/05/2026 COMMUNICATIONS SUPERVISOR 3 71.0581
07/05/2026 COMMUNICATIONS SUPERVISOR 4 73.1595
07/05/2026 COMMUNICATIONS SUPERVISOR 5 75.2606
07/05/2026 COMMUNICATIONS TECHNICIAN 3 56.2079
07/05/2026 COMMUNICATIONS TECHNICIAN 4 58.9114
07/05/2026 COMMUNICATIONS TECHNICIAN 5 61.5995
07/05/2026 ELECTRICAL PARTS TECHNICIAN 2 41.0988
07/05/2026 ELECTRICAL PARTS TECHNICIAN 3 43.7535
07/05/2026 ELECTRICAL PARTS TECHNICIAN 4 46.0478
07/05/2026 ELECTRICAL PARTS TECHNICIAN 5 47.2115
07/05/2026 ELECTRICAL SUPERVISOR 3 71.0581
07/05/2026 ELECTRICAL SUPERVISOR 4 73.1595
07/05/2026 ELECTRICAL SUPERVISOR 5 75.2606
07/05/2026 ELECTRICIAN 3 56.2079
07/05/2026 ELECTRICIAN 4 58.9114
07/05/2026 ELECTRICIAN 5 61.5995
07/05/2026 LEAD COMMUNICATIONS TECHNICIAN 3 60.0915
07/05/2026 LEAD COMMUNICATIONS TECHNICIAN 4 62.8118
07/05/2026 LEAD COMMUNICATIONS TECHNICIAN 5 65.8277
07/05/2026 LEAD ELECTRICIAN 3 60.0915
07/05/2026 LEAD ELECTRICIAN 4 62.8118
07/05/2026 LEAD ELECTRICIAN 5 65.8277
01/03/2027 COMMUNICATIONS SUPERVISOR 3 72.4793
01/03/2027 COMMUNICATIONS SUPERVISOR 4 74.6227
01/03/2027 COMMUNICATIONS SUPERVISOR 5 76.7658
01/03/2027 COMMUNICATIONS TECHNICIAN 3 57.3321
01/03/2027 COMMUNICATIONS TECHNICIAN 4 60.0896
01/03/2027 COMMUNICATIONS TECHNICIAN 5 62.8315
01/03/2027 ELECTRICAL PARTS TECHNICIAN 2 41.9208
01/03/2027 ELECTRICAL PARTS TECHNICIAN 3 44.6286
01/03/2027 ELECTRICAL PARTS TECHNICIAN 4 46.9688
01/03/2027 ELECTRICAL PARTS TECHNICIAN 5 48.1557
01/03/2027 ELECTRICAL SUPERVISOR 3 72.4793
01/03/2027 ELECTRICAL SUPERVISOR 4 74.6227
01/03/2027 ELECTRICAL SUPERVISOR 5 76.7658
01/03/2027 ELECTRICIAN 3 57.3321
01/03/2027 ELECTRICIAN 4 60.0896
01/03/2027 ELECTRICIAN 5 62.8315
01/03/2027 LEAD COMMUNICATIONS TECHNICIAN 3 61.2933
01/03/2027 LEAD COMMUNICATIONS TECHNICIAN 4 64.0680
01/03/2027 LEAD COMMUNICATIONS TECHNICIAN 5 67.1443
01/03/2027 LEAD ELECTRICIAN 3 61.2933
01/03/2027 LEAD ELECTRICIAN 4 64.0680
01/03/2027 LEAD ELECTRICIAN 5 67.1443

City Comprehensive Package Proposal for
IBEW
October 3, 2025

COMPREHENSIVE PACKAGE PROPOSAL
The below set of proposals is a package proposal from the City of Berkeley (“C
ity”) to IBEW (“Union”) with respect to the parties’ successor MOU negotiations. The proposals below are contingent upon the parties reaching tentative agreement on the entire package set forth below and on the entire successor MOU. The City will con
sider a rejection of any portion a general
rejection of the entire package. In the event of a rejection, the City’s position on all items at the table shall revert to the most recent position adopted prior to passing this package proposal. Acceptance of this package proposal resolves all issues between the City and the Union regarding the successor MOU. The City reserves the right to amend, revise, supplement, or withdraw this package proposal, or any part of thereof, at any time.

The following is a summary of the City’s proposals and responses to Union proposals that constitute this comprehensive package proposal. The proposals summarized below are enclosed with this cover sheet.

A. City Proposals:

1. CP 8 – Me Too (9/30/2025 Revision, Attached)

B. City Counters to Union Proposals:

1. UP 16 – Retiree Benefits for Employees Age 65 and Over (9/30/2025 Revision, Attached)

2. UP 21 – Salaries (9/30/2025 Revision, Attached)

C. All prior tentative agreements will be included in the successor MOU:

1. CP 1 – Additional Floating Holidays (TA’d 6/26/2025)

2. CP 2 – Health and Welfare Benefits Meet & Confer (Union Counter 7/1/2025, TA’d 7/17/2025)

3. CP 3 – Funeral Leave (7/22/2025 Revision, TA’d 7/22)

4. CP 4 – No Discrimination (TA’d 6/26/2025)

5. UP 1 – Family Friendly and Environment Friendly Workplace (5/6/2025, TA’d 7/17/2025)

6. UP 2 – Holidays (City Counter 5/28/2025, TA’d 6/26/2025)

7. UP 6 – Tool Allowance (Passed 5/6/2025, TA’d 7/17/2025)

8. UP 7 – Shoe Allowance (Passed 5/6/2025, TA’d 7/17/2025)

9. UP 9 – Rest Period (Passed 5/6/2025, TA’d 7/17/2025)

10. UP 10 – Notification of New Classification (Passed 5/6/2025, TA’d 7/22/2025)

11. UP 18 – Longevity Pay (as proposed 7/9/2025, TA’d 7/17/2025)

12. UP 22 – Equity Studies (as proposed 7/22/2025, TA’d 7/31/2025) Any and all City proposals not specifically referenced herein are hereby withdrawn. Any and all Union proposals not specifically referenced herein are hereby withdrawn.
_______________________________ 10/17/2025
Date Sheila Lawton
Chief Negotiator
IBEW Local 1245
_____________ _______________________________
Date Janelle Rodrigues
Human Resources Director/ Chief Negotiator
City of Berkeley
10/20/2025

TEXT OF MODIFIED AND NEW CITY COUNTER-PROPOSALS

City of Berkeley Proposal to IBEW
Updated on 10/3/2025
City Proposal #8

SECTION 11: SALARIES

11.1.2 One-Time Payment
A onetime non-pensionable lump sum payment of $1,000.00 for each career employee in this unit shall be paid the first full pay period after council approval. 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. This 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 executes an agreement with the largest miscellaneous bargaining unit or extends the unrepresented employees an across the board Cost of Living Adjustment (COLA) increase, an across the board wage increase, an across the board 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 A. For purposes of this provision, “across the board” means that the wage , COLA, or lump sum increase applies equally to all members in the larges t miscellaneous bargaining unit or all unrepresented employees.

City of Berkeley Proposal to IBEW
Distributed on 10/3/2025
Counter to Union Proposal 16

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. For employees in the bargaining unit retiring after November 30, 2025, the following shall apply: When an employee or retiree with an effective retirement date after November 30, 2025, reaches age 65, the City will contribute no more than $50.00 $300.00 per month on the employee’s behalf for single party health insurance coverage and no more than $100.00 $600.00 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:

Two 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 (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.

City of Berkeley Proposal to IBEW
Distributed on 10/3/2025
Counter to Union Proposal 21

Section 11: SALARIES

11.1 Salary Rates Salary rates for the period of July 1, 2022 2025 through June 30, 2025 2028, 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 Council Approval The salary ranges for the classification covered by this Agreement as listed in Exhibit A will receive a salary increase 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 salary increase of three five percent (3.0%) (5.0%) four percent (4.0%).

Effective July 1, 2026, the salary ranges for the classifications covered by this Agreement as listed in Exhibit A will receive a salary increase of five percent (5.0%).

Effective July 1, 2027, the salary ranges for the classifications covered by this Agreement as listed in Exhibit A will receive a salary increase of five percent (5.0%).

Effective the first full pay period in July 2026, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to two and a half percent (2.5%).

Effective the first full pay period in January 2027, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to two percent (2.0%).

Restricted
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: mailto:[email protected] Website: https://www.berkeleyca.gov/manager

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract: Plante Moran for Professional Services and Licensing of Informatica Integration Platform as a Service (iPaaS)

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Plante Moran for professional services and software licensing of the Informatica Integration Platform as a Service (iPaaS) in an amount not to exceed $700,000 from December 3, 2025 through Dec 31, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Total project funding of $700,000 has been allocated from Fund 680, IT Cost Allocation.

For Fiscal Year 2026, the Department of Information Technology has designated $400,000 for one-time implementation services and $150,000 for software licensing. For Fiscal Year 2027, an additional $150,000 has been allocated for software licensing.

Ongoing software licensing costs will be incorporated into the Department of Information Technology’s annual software maintenance budget and will be subject to City Council approval through the Citywide Budget and Annual Appropriation Ordinance process.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley currently operates multiple enterprise systems that function independently but increasingly require the ability to exchange information to support cross-departmental business processes. At present, staff must manually transfer data between applications, which is time-consuming, prone to error, and can result in inconsistent or incomplete information across departments.

To address these challenges, the City selected Plante Moran through a competitive RFP process, initiated in April 2025, to implement the Informatica Integration Platform as a Service (iPaaS) solution. This platform will enable secure, automated, and seamless data exchange between key systems such as Tyler Munis, Accela, CivicRec, Passport, NeoGov, and other departmental applications. Informatica will serve as a sustainable, centralized integration hub, ensuring that information flows accurately and efficiently across the organization.

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New Contract: Plante Moran for Integration Platform (iPaaS) CONSENT CALENDAR December 2, 2025

The adoption of an iPaaS solution will provide several key benefits, including improved operational efficiency through automation, enhanced data accuracy and consistency, faster access to real-time information, and greater flexibility to integrate future systems as the City’s needs evolve. This initiative advances the City’s Strategic Plan priority to “provide state-of-the-art, well-maintained infrastructure, amenities, and facilities”.

BACKGROUND
Over the past several years, the City’s departments have increasingly adopted cloud- based systems to enhance service delivery and operational efficiency. However, the City’s existing on-premise integration platform solution has become outdated, requiring specialized technical expertise and complex, time-consuming processes to build and maintain system connections. As newer applications are deployed in the cloud, the limitations of the current platform have made it increasingly difficult to support modern integration needs in a timely and cost-effective manner.

To address this need, the Department of Information Technology released a Request for Proposal, RFP # 25-11704-C, in April 2025 to procure a modern Integration Platform as a Service (iPaaS) capable of securely and efficiently connecting multiple cloud and on- premise applications. An evaluation committee reviewed eight proposals, conducting detailed technical evaluations, vendor interviews, product demonstrations, and reference checks.

Following this comprehensive review, Plante Moran was selected as the recommended implementation partner. Staff chose the Informatica iPaaS platform for its scalability, strong security framework, and robust integration. Informatica’s cloud-based solution provides the City with a more flexible, reliable, and future-ready integration environment that simplifies data exchange and supports future technological efforts.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
As this is a cloud-based implementation, most deployment and management activities will be conducted remotely, minimizing the need for on-site work and reducing associated greenhouse gas emissions. By automating data exchanges and data validation between systems, the platform will lessen reliance on paper-based processes and further support the City’s sustainability and climate action goals.

RATIONALE FOR RECOMMENDATION
The Informatica iPaaS solution provides a sustainable, scalable, and secure integration architecture that will enable the City to modernize operations, sunset obsolete processes, and enhance data-driven decision-making. Plante Moran brings extensive experience implementing Informatica for government agencies and will provide comprehensive support throughout implementation and post-deployment maintenance periods.

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New Contract: Plante Moran for Integration Platform (iPaaS) CONSENT CALENDAR December 2, 2025

ALTERNATIVE ACTIONS CONSIDERED
Staff considered developing integrations in-house or using existing application vendor interfaces like IBM Webmethods. However, these options were deemed inefficient and costly over time due to the requirement of deep technical expertise, maintenance complexity, and lack of scalability.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT: PLANTE MORAN FOR IMPLEMENTATION AND LICENSING OF

INFORMATICA INTEGRATION PLATFORM AS A SERVICE (IPAAS)
WHEREAS, the City of Berkeley currently operates multiple enterprise systems that function independently but increasingly require the capability to exchange information in order to support cross-departmental business processes; and WHEREAS, the lack of integration among these systems requires staff to manually transfer data between applications, a process that is time-consuming, prone to error, and may result in inconsistent or incomplete information across departments; and WHEREAS, the City of Berkeley requires a secure and scalable data integration platform to improve system interoperability and operational efficiency; and WHEREAS, the City released a Request for Proposal, RFP # 25-11704-C, and Plante Moran was selected as the top-ranked vendor to implement and manage the Informatica Integration Platform as a Service (iPaaS); and
WHEREAS, funding for this project is available in the Department of Information Technology’s Fiscal Year 2026-2027 Cost Allocation Fund, and ongoing costs will be subject to Council approval of the Citywide Budget and Annual Appropriation Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or delegate is authorized to execute a contract with Plante Moran for professional services and licensing of the Informatica Integration Platform as a Service (iPaaS) in an amount not to exceed $700,000 for the period December 3, 2025 through December 31, 2027.

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: https://berkeleyca.gov/

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 32400019 Amendment: Berkeley Community Media for Public Access Television

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32400019 with Berkeley Community Media (“BCM”) for Public, Educational, and Governmental (“PEG”) access services for an additional $150,000 for a total not to exceed amount of $1,004,130.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $150,000 is available in the Fiscal Year 2026 PEG Access Fund.

Spending for hardware, software and services in future years is subject to Council approval of the proposed citywide budget and annual appropriations ordinances.

CURRENT SITUATION AND ITS EFFECTS
The additional $150,000 for this contract is solely for capital and infrastructure upgrades at BCM. The additional funds are covered by existing monies in the PEG Fund. PEG money is an essential tool for funding public access media services that provide a platform for community expression, civic engagement, and local government transparency. These funds, collected from cable providers as part of their franchise agreements (as stipulated in the Digital Infrastructure and Video Competition Act of 2006), ensure that community members have access to non-commercial media outlets for educational and informational programming. Without this funding, BCM would be unable to provide the necessary services and infrastructure for community members to create and distribute local content.

BACKGROUND
BCM has relied on PEG funding for many years to operate and maintain its studios, equipment, and training programs, serving as a vital resource for Berkeley community members. BCM provides the public with the tools and skills needed to produce their own television and web content, covering a wide range of topics from local politics and community events to arts and culture. This funding has historically enabled BCM to offer a public forum for diverse voices and perspectives that may not be featured on commercial media.

PEG Funding for Berkeley Community Media (BCM) CONSENT CALENDAR December 2, 2025

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The use of digital media platforms and local broadcasting for community information reduces the need for physical materials and travel to distribute information, contributing to a more sustainable and environmentally friendly form of communication. This supports the City’s environmental goals by lowering waste and reducing the carbon footprint associated with paper and physical document handling.

RATIONALE FOR RECOMMENDATION
PEG is an essential mechanism for strengthening our community through increasing and enhancing communication among our community members. By funding BCM, the City ensures that the community continues to have a dedicated and accessible platform for sharing information and fostering a sense of local identity and civic participation. The recommended funding level will allow BCM to sustain its current operations and continue to provide valuable media services to the public.

ALTERNATIVE ACTIONS CONSIDERED
There were no alternative actions considered, as the use of PEG funds is specifically designated for public access media services and BCM is the designated provider for these services in Berkeley.

CONTACT PERSON
Kevin Fong, Director, Information Technology, (510) 981-6500 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32400019 AMENDMENT: BERKELEY COMMUNITY MEDIA (“BCM”) FOR PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (“PEG”) ACCESS SERVICES WHEREAS, the City of Berkeley is committed to fostering civic engagement, community expression, and transparency in government through public access media; and WHEREAS, Berkeley Community Media (“BCM”) has served as the City’s designated Public, Educational, and Governmental (“PEG”) access provider for many years, offering a platform for local voices and content; and
WHEREAS, PEG funding, derived from cable television franchise fees, is specifically designated to support these vital public media services; and WHEREAS, a contract amendment with BCM will ensure the continuity of their essential services, including providing studio and equipment access, media training, and broadcasting of community-produced content and public meetings; and WHEREAS, BCM’s operations directly align with the City's goals of providing accessible information and empowering community members; and
WHEREAS, funding in the amount of $150,000 is available in the Fiscal Year 2026 PEG Access Fund, and spending for software and services in future years is subject to Council approval of the proposed citywide budget and annual appropriations ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or delegate is hereby authorized to amend Contract No. 32400019 with Berkeley Community Media for Public, Educational, and Governmental access services for an additional $150,000 for a total not to exceed amount of $1,004,130 to be funded by the PEG Access Fund.

Restricted
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

Office of the City Manager

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin C. Fong, Director of Information Technology Subject: Contract No. 32400104 Amendment: SmartWave for City Facility Managed Wi-Fi

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32400104 with Smartwave Technologies LLC, for managed Wi-Fi and related services increasing the amount by $280,000 for a total not-to-exceed amount of $900,000 from July 25, 2023 to June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional services in the amount of $280,000 will be available in the Department of Information Technology’s Cost Allocation Fund (Fund 680), Measure FF Fund, YAP Parks Tax Fund (Fund 138) and Marina Fund (Fund 608). Planned spending in the future fiscal years (FY) are subject to Council approval of the proposed city-wide budget and Annual Appropriation Ordinances.

Fiscal Year Project Fund Cost
FY 2026 Fire Headquarters Wi-Fi
Expansion Measure FF Fund $71,000
FY 2026 YAP/MLK Youth Center Wi-Fi
Expansion Parks Tax (Fund 138) $11,000
FY 2026 Marina Wi-Fi Expansion Marina Fund (Fund 608) $50,000 FY 2026 Wi-Fi Support and Maintenance IT Cost Allocation Fund (Fund 680) $65,000
FY 2027 Wi-Fi Support and Maintenance
and future expansions
IT Cost Allocation Fund
(Fund 680) $83,000
Total Project Cost through FY
2027 $280,000

CURRENT SITUATION AND ITS EFFECTS
The City’s workforce continues to shift toward increased mobility and digital collaboration.

Employees now depend on wireless connectivity to access enterprise applications,

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Contract No. 32400104 Amendment: Smartwave for City WiFi CONSENT CALENDAR December 2, 2025
communicate in real time, and deliver services to the community. As City operations increasingly utilize cloud-based platforms and mobile devices, reliable and high- performance Wi-Fi has become essential to maintaining operational efficiency and consistent service delivery.

To meet these growing demands, the City’s Information Technology Department (IT) has identified the need to expand Wi-Fi coverage in existing facilities and extend it to new locations, including the new Fire Department Headquarters, Marina residents, and the Martin Luther King Youth Center. Additional funding will allow SmartWave Technologies to deploy new wireless access points (AP’s), enhance performance in high-demand areas, and complete the initial phases of the Citywide Wi-Fi Project.

SmartWave has demonstrated strong performance and responsiveness, earning IT’s confidence through consistent delivery, proactive support, and effective management of over 275 existing APs throughout City facilities. Their continued partnership ensures that the City can sustain and expand its network infrastructure while maintaining high service uptime standards.

An enterprise-quality Wi-Fi infrastructure aligns with the City’s Strategic Plan Priority to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
In 2023, IT initiated a citywide effort to modernize Wi-Fi infrastructure across all municipal facilities. As part of this initiative, with Council approval via Resolution No. 70,994-N.S., IT entered into a managed services contract with SmartWave Technologies LLC, leveraging a competitively bid cooperative agreement from the City of Tucson, Arizona.

This partnership has enabled IT to deploy over 275 wireless AP’s across numerous City facilities, significantly improving network reliability, mobility, and coverage for City staff and visitors. SmartWave provides turnkey services that include installation, management, and ongoing maintenance of Wi-Fi networks, which allows IT to ensure high service availability.

As City operations expand into new facilities, and existing departments adopt more mobile and cloud-based technologies, there is an ongoing need to expand Wi-Fi coverage to ensure consistent, secure, and enterprise-grade connectivity across all sites.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Wi-Fi networks provide a more environmentally sustainable alternative to fully wired Ethernet systems. Deployments require significantly less copper cabling and physical materials, reducing environmental impact and construction waste. Additionally, as Wi-Fi enables remote access and digital workflows, it supports operational efficiencies that reduce travel, energy use, and greenhouse gas emissions.

The flexibility of Wi-Fi also allows for easier office reconfigurations with less material waste and lower costs over the network’s lifespan. Expanding wireless access across City facilities will further support community connectivity and digital inclusion goals.

RATIONALE FOR RECOMMENDATION
Maintaining a citywide Wi-Fi network requires dedicated resources for deployment, monitoring, and hardware replacement. With more than 275 active access points across

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Contract No. 32400104 Amendment: Smartwave for City WiFi CONSENT CALENDAR December 2, 2025
facilities, internal IT staff lack sufficient capacity to provide 24/7 monitoring and rapid repair response.

Engaging SmartWave Technologies LLC ensures that the City’s Wi-Fi infrastructure remains reliable, scalable, and cost-effective. Under IT supervision and leadership, the vendor provides end-to-end management, from installation and maintenance to on-site support (“truck runs”), ensuring system uptime and minimizing disruptions to City operations.

The City continues to utilize a competitively bid cooperative contract from the City of Tucson, AZ (Contract #240021-01, awarded May 10, 2024), which has been adopted by several other regional jurisdictions, including Oakland, San Jose, Dublin, and Pleasanton.

SmartWave’s proven track record with these municipalities further reinforces the City’s confidence in their capabilities.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered completing these installation services internally, but due to the high volume of existing work, staff do not currently have the capacity or the expertise to perform such a high volume of Wi-Fi installations and ongoing maintenance at all City locations.

CONTACT PERSON
Kevin C. Fong, Director of Information Technology, (510) 981-6541 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32400104 AMENDMENT: SMARTWAVE FOR

CITY FACILITY MANAGED WI-FI
WHEREAS, the City continues to adopt a more mobile workforce, and the platforms the City Information Technology Department (IT) provides and supports are increasingly reliant on wireless technology; and
WHEREAS, via Resolution No. 70,994-N.S., City Council approved the City Manager to execute a contract with SmartWave Technologies LLC for City facility managed Wi- Fi; and
WHEREAS, The City of Tucson conducted a competitive Request for Proposal (RFP) process that solicited bids for a vendor to provide “Region-Wide Point to Point Wireless System for the Regional Transportation Data Network”; and WHEREAS, The City of Tucson selected SmartWave Technologies LLC, which was awarded Contract #240021-01 and accepted on May 10, 2024 with one-year options to extend on an annual basis; and
WHEREAS, IT has been, and continues to use the competitively bid, cooperative contract #240021-01 from the City of Tucson, AZ for the same services; and WHEREAS, to meet increasing demand, IT has identified the need for additional wireless access points (AP’s) to improve coverage in existing buildings and new sites due to various city department expansions including the Fire Departments new Headquarters, Marina and Martin Luther King Youth Center; and WHEREAS, having an enterprise quality Wi-Fi infrastructure is consistent with the City’s Strategic Plan Priority to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; and
WHEREAS, the projected cost for Fiscal Year 2026 and 2027 is an additional $280,000 in total, which will be available in the IT Cost Allocation Fund (Fund 680), Measure FF Fund, YAP Parks Tax Fund (Fund 138) and Marina Fund (Fund 608) and planned spending in future years (FY) are subject to Council approval of the proposed city-wide budget and Annual Appropriation Ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to amend Contract No. 32400104 with Smartwave Technologies LLC, for managed Wi-Fi increasing the amount by $280,000 for a total not-to-exceed amount of $900,000 from July 25, 2023 to June 30, 2027.

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 31900184 Amendment: Alcor Solutions, Inc. for Professional Services for ServiceNow and Intranet

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900184 with Alcor Solutions, Inc. for professional services for ServiceNow and the City’s Intranet increasing the amount by $155,000 for an amended total not to exceed amount of $990,564 from February 14, 2017 to June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $155,000 for the requested support services is budgeted in the FY 2026 IT Cost Allocation Fund. Spending in future years for this contract is subject to City Council’s approval of the proposed citywide budget and annual appropriation ordinances.

CURRENT SITUATION AND ITS EFFECTS
Alcor Solutions, Inc. provides critical support, maintenance, and enhancement services for the City’s ServiceNow platform. Staff currently utilize ServiceNow’s Information Technology Service Management (ITSM) and Information Technology Business Management (ITBM) tools. The ITSM suite includes helpdesk management, a service catalog, knowledge base, and a service portal for City staff. The ITBM tools provide project portfolio management for new ideas, demands, and projects, as well as application portfolio management for business applications.

This contract amendment will allow the City to continue its partnership with Alcor Solutions, Inc. to provide regular upgrades, enhancements, and bug support for the ServiceNow platform. In addition, the City is preparing to implement ServiceNow’s software and hardware inventory management tools. These tools will strengthen the City’s ability to track and manage technology assets across the organization.

This work directly supports the City of Berkeley’s strategic goal to “provide state-of-the- art, well-maintained infrastructure, amenities, and facilities”.

Contract No. 31900184 Amendment: Alcor Solutions, Inc. CONSENT CALENDAR for Professional Services for ServiceNow and Intranet December 2, 2025

BACKGROUND
From 2001 to 2017, the Department of Information Technology (IT Department) relied on a home-grown software application to manage Help Desk service requests. While this system met basic needs, it lacked the scalability, flexibility, and advanced functionality required to support the City’s growing technological demands. In 2015, the IT Department initiated a process to identify a modern replacement solution that could support both daily service and asset management needs, as well as the longer-term requirements of managing projects and resources.

In September 2016, the IT Department issued Request for Proposal (RFP) Specification Number 16-11072-C for an Information Technology Service Management and Asset Management solution. The City received three qualified vendor responses, and in May 2017 selected ServiceNow, a leading cloud-based platform, with Alcor Solutions, Inc. chosen to provide implementation services. By January 2018, the initial implementation of ServiceNow’s IT Service Management (ITSM) module was completed, allowing the City to “go live” with a modernized service portal.

Since its launch, City staff have partnered with Alcor Solutions to expand ServiceNow’s capabilities, adding features such as reweighted range voting (RRV) integration, automated ticket aging notifications, and confidential service request handling. Alcor has continued to support the City with major upgrades, bug fixes, and enhancements to ensure the platform remains reliable and secure.

In 2024, Alcor further assisted the City with the successful rollout of Microsoft Teams and SharePoint technologies. These tools have been essential in supporting collaboration in a hybrid work environment, enabling staff to share documents securely, manage projects more effectively, and maintain seamless communication across departments.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Alcor Solutions, Inc. conducts the majority of their support remotely. If Alcor must work onsite, they will be working exclusively over multiple days with the IT Department to minimize both travel costs and greenhouse gas emissions related to travel, per Climate Action Plan goals.

RATIONALE FOR RECOMMENDATION
Alcor Solutions, Inc. has extensive experience providing implementation and support services for ITSM solutions. Specifically, Alcor Solutions, Inc. is a Gold Services Partner to ServiceNow, Inc.

ALTERNATIVE ACTIONS CONSIDERED
City staff considered not engaging Alcor Solutions, Inc. for ongoing support of the ServiceNow platform. However, staff do not have the capacity or the specialized expertise required to successfully perform system upgrades, implement enhancements, or resolve

Contract No. 31900184 Amendment: Alcor Solutions, Inc. CONSENT CALENDAR for Professional Services for ServiceNow and Intranet December 2, 2025

software issues within ServiceNow. Without this support, the reliability, functionality, and security of the platform could be compromised.

CONTACT PERSON
Kevin Fong, Director, Information Technology 510-981-6541 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 31900184 AMENDMENT: ALCOR SOLUTIONS, INC. FOR

PROFESSIONAL SERVICES FOR SERVICENOW AND INTRANET
WHEREAS, in 2001, the Department of Information Technology (IT Department) was using a “home-grown” software application to manage Help Desk service; and WHEREAS, in September 2016, the IT Department issued Request for Proposal (RFP) Specification Number 16-11072-C for an Information Technology Service Management and Asset Management solution, and selected the ServiceNow tool, and Alcor Solutions, Inc. as the implementation partner; and
WHEREAS, City staff do not have the capacity or the specialized expertise required to perform system upgrades, implement enhancements, or resolve software issues within ServiceNow; and
WHEREAS, Alcor Solutions, Inc. has extensive experience providing implementation and support services for ITSM solutions, and is a Gold Services Partner to ServiceNow, Inc.; and
WHEREAS, funding in the amount of $155,000 for the requested support services is budgeted in the FY 2026 IT Cost Allocation Fund, and spending in future years for this contract is subject to City Council’s approval of the proposed citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or delegate is authorized to execute an amendment to Contract No. 31900184 with Alcor Solutions, Inc. to provide professional services for ServiceNow and the City’s Intranet from February 14, 2017 to June 30, 2026 for an amount not-to-exceed $990,564.

Office of the City Manager

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Department Subject: Donation for the Thousand Oaks School Park Improvement Project in memory of Michael Seltzer

RECOMMENDATION
Adopt a Resolution accepting a cash donation of up to $80,000 for the Thousand Oaks School Park Improvement Project in memory of Michael Seltzer.

FISCAL IMPACTS OF RECOMMENDATION
This cash donation in the amount of up to $80,000 from the friends of Michael Seltzer will be deposited into the Parks Fund donation revenue budget code 138-52-545-000- 0000-000-000
-481110.

CURRENT SITUATION AND ITS EFFECTS
The friends of Michael Seltzer wish to provide a donation of up to $80,000 to fund the Thousand Oaks School Park Improvement Project. The City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.) Without this donation, the project would not be possible.

BACKGROUND
Col. Michael “Mike” Seltzer, a Berkeley-reared Air Force fighter pilot and father of three children, died of lung cancer in 2023. Seltzer grew up attending Berkeley schools and graduated from UC Berkeley in 2002, where he enrolled in the Air Force ROTC program and earned a bachelor’s degree in physical sciences. He later deployed to Iraq and Afghanistan, rose to become a colonel, and trained dozens of F-16 and F-35 pilots. Additional details about Michael Seltzer and the proposed project can be found in the Berkeleyside article at the following link:
https://www.berkeleyside.org/2025/03/31/airplane-playground-air-force-pilot-michael- seltzer-burn-pits.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
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

Donation for the Thousand Oaks School Park Improvement Project CONSENT CALENDAR In Memory of Michael Seltzer December 2, 2025

RATIONALE FOR RECOMMENDATION
This donation will cover the cost of the design and implementation of the Thousand Oaks School Park Improvement Project, without which this project would not be possible.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation, and Waterfront, 510-981-6711 Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

ACCEPTING A CASH DONATION OF UP TO $80,000 FOR THE THOUSAND OAKS

SCHOOL PARK IMPROVEMENT PROJECT IN MEMORY OF MICHAEL SELTZER WHEREAS, Col. Michael “Mike” Seltzer, a Berkeley-reared Air Force fighter pilot and father of three children, died of lung cancer in 2023; and WHEREAS, Seltzer grew up attending Berkeley schools and graduated from UC Berkeley in 2002, where he enrolled in the Air Force ROTC program and earned a bachelor’s degree in physical sciences. He later deployed to Iraq and Afghanistan, rose to become a colonel, and trained dozens of F-16 and F-35 pilots. Additional details can be found in the Berkeleyside article at the following link:
https://www.berkeleyside.org/2025/03/31/airplane-playground-air-force-pilot-michael- seltzer-burn-pits; and
WHEREAS, the friends of Michael Seltzer wish to provide a donation of up to $80,000 to fund the Thousand Oaks School Park Improvement Project; and WHEREAS, in 2026, the City will implement the Thousand Oaks School Park Improvement Project that will include a community process; and WHEREAS, without the donation from the friends of Michael Seltzer, this third phase of the project would not be possible; and
WHEREAS, the cash donation in the amount of up to $80,000 from the friends of Michael Seltzer will be deposited into the Parks Fund donation revenue budget code 138-52-545- 000-0000-000-000-481110; and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to accept a cash donation of up to $80,000 from the friends of Michael Seltzer for the Thousand Oaks School Park Improvement Project in his memory.

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract: Bauman Landscape and Construction, Inc. for The Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project

RECOMMENDATION
Adopt a Resolution:

1. Approving the plans and specifications for the Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project (Bid Specification No. 25-11736-C); and

2. Rejecting the bid protest of Azul Works, Inc., the second-lowest bidder; and

3. Accepting the bid of Bauman Landscape and Construction, Inc. as the lowest responsive and responsible bidder on the Project; and

4. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Bauman Landscape and Construction, Inc., for the Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project, in an amount not to exceed $6,515,433.35, which includes a contract base amount of $5,223,908.50 and additive bid No. 1 in the amount of $769,134.00 and an 8.7% contingency in the amount of $522,390.85 for unforeseen circumstances.

FISCAL IMPACTS OF RECOMMENDATION
Funding will be recommended for appropriation through the FY 2026 first amendment to the appropriations ordinance to carryover prior FY project funds in CIP Fund (Fund 501), Measure T1 Bond (Fund 511) and Parks Tax (Fund 138). Additional Parks Tax funds will be recommended for appropriation through the FY 2027 adopted budget Parks Tax capital baseline. No other funding is required, and no other projects will be delayed due to this expenditure.

CONTRACTOR (lowest bid)...................................................................…$5,223,908.50 Additive Bid No.1………………………………………………………………….$769,134.00

8.7% Contingency $522,390.85
Total construction cost $6,515,433.35

Contract: Bauman Landscape and Construction, Inc. for the CONSENT CALENDAR Tom Bates Regional Sports Complex December 2, 2025
Community Facility, Pickleball Courts and U8 Soccer Field Project CIP Fund (501) ....................................................................$781,561.34 Measure T1 (511) ................................................................$566,584.47 Parks Tax (138) ................................................................$5,167,287.54 Total construction cost $6,515,433.35

CURRENT SITUATION AND ITS EFFECTS
The Community Facility, Pickleball Courts and U8 Soccer Field project at Tom Bates Regional Sports Complex (Project) is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

The City conducted a competitive Invitation For Bid (IFB) process in August, 2025, and the bid opening was on September 30, 2025. Four (4) bids were received from a low bid of $5,223,908.50 to a high bid $6,445,930.00 for the base bid work (see Attachment 2:

Bid Abstract).

On October 7, 2025 the City received a bid protest from Azul Works, Inc. The City forwarded the bid protest to Bauman Landscape & Construction, Inc. on October 7, 2025 for review and response. The general basis for the protest was that Bauman Landscape & Construction, Inc’s bid was non-responsive because the bid is “irregular and incomplete” and “fails to provide critical information requested by bidding instructions and demonstrates a lack of understanding of the requirements of the project”. Azul Works, Inc. provided three claims in their bid protest letter.

The City forwarded the bid protest letter to Bauman Landscape & Construction for review and response. Bauman Landscape & Construction, Inc. responded by demonstrating that their bids comply with bid requirements.

The City independently reviewed all bid materials, and the protest submitted by Azul Works, Inc. and concurred with the explanation provided by Bauman Landscaping & Construction, Inc. Based on this review, the City has determined that the lowest responsive and responsible bidder for this project is Bauman Landscaping and Construction.

Two similar mathematical irregularities were discovered in Bauman Landscape and Construction, Inc’s (lowest bidder) and Azul Works, Inc’s (second lowest bidder) bid proposals, where the sums of individual bid item prices were different than the total bid prices. The mathematical irregularity in Bauman Landscape and Construction, Inc’s bid proposal was off by $72,686.50 ($5,151,222 as submitted vs. $5,223,908.50 as calculated). The mathematical irregularity in Azul Works, Inc’s bid proposal was off by $52,101.80 ($6,151,191.16 as submitted vs. $6,203,292.96 as calculated). These similar irregularities were waived on both bid proposals, and the bid from Bauman Landscape and Construction, Inc. remained the lowest bid at $5,223,908.50.

Contract: Bauman Landscape and Construction, Inc. for the CONSENT CALENDAR Tom Bates Regional Sports Complex December 2, 2025
Community Facility, Pickleball Courts and U8 Soccer Field Project The City has determined that Bauman Landscape and Construction, Inc. meets the California public construction code definition of lowest responsible and responsible bidder. References for Bauman Landscape and Construction, Inc. proved satisfactory.

Staff therefore recommends the contract be awarded to Bauman Landscape and Construction, Inc.

The Living Wage Ordinance does not apply to this project since Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Contractor will submit a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the successful bidder and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement. Construction is expected to begin in February, 2026 and be completed by December, 2026.

BACKGROUND
The Tom Bates Regional Sports Complex, located at 400 Gilman Street was completed in 2008, and is one of the most highly used public sports complexes in the region. The master plan for the Tom Bates Fields includes a fieldhouse and restroom; however, these elements have not been constructed-to-date due to insufficient funding, and therefore the City currently provides portable toilets at the facility. In 2019, the City completed the conceptual plan for the new fieldhouse and restroom in collaboration with the field user groups and the five Joint Powers Agreement cities (Albany, Berkeley, El Cerrito, Emeryville, and Richmond), using Measure T1 infrastructure bond funding. The Project also converts the vacant north field into a youth soccer field, with a plaza and stairway entrance, and pickleball courts.

ENVIRONMENTAL SUSTAINABILITY
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) Permit, and City of Berkeley Building Permit.

On March 25, 2025, by Council Resolution No. 71,707-N.S., the City adopted the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the Project.

The Mitigated Negative Declaration for the proposed project contains a comprehensive environmental assessment of the project. The assessment determined that the Project will have a less-than significant impact on the environment with the implementation of specific mitigation measures. The Mitigation, Monitoring and Reporting Plan includes detailed roles, responsibilities, and methods for implementing and documenting compliance with the mitigation measures.

Contract: Bauman Landscape and Construction, Inc. for the CONSENT CALENDAR Tom Bates Regional Sports Complex December 2, 2025
Community Facility, Pickleball Courts and U8 Soccer Field Project

RATIONALE FOR RECOMMENDATION
This project will add much-needed facilities at the Sports Complex, such as restrooms, a meeting facility, a storage room, pickleball courts, and a grass youth soccer field.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution
2: Bid Abstract Summary

RESOLUTION NO. ##,###-N.S.

CONTRACT: BAUMAN LANDSCAPE AND CONSTRUCTION, INC. FOR THE TOM

BATES REGIONAL SPORTS COMPLEX COMMUNITY FACILITY, PICKLEBALL COURTS AND U8 SOCCER FIELD PROJECT
WHEREAS, the Tom Bates Regional Sports Complex, located at 400 Gilman Street was completed in 2008, and is one of the most highly used public sports complexes in the region; and
WHEREAS, the master plan for the Tom Bates Fields includes a fieldhouse and restroom; however, these elements have not been constructed to-date due to insufficient funding, and the City currently provides portable toilets at the facility; and WHEREAS, in 2019, the City completed the conceptual plan for a new fieldhouse and restroom in collaboration with the field user groups and the five Joint Powers Agreement cities (Albany, Berkeley, El Cerrito, Emeryville, and Richmond); and WHEREAS, the project will also convert the vacant north field into a youth soccer field, with a plaza and stairway entrance, and pickleball courts, and WHEREAS, on March 25, 2025, by Council Resolution No. 71,707-N.S., the City adopted the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the Project; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, the City conducted a competitive Invitation For Bid (IFB) process in August, 2025, and the bid opening was on September 30, 2025. Four (4) bids were received from a low bid of $5,223,908.50 to a high bid $6,445,930.00 for the base bid work (see Attachment 2: Bid Abstract). The City has determined that Bauman Landscape and Construction, Inc. meets the California public construction code definition of lowest responsible and responsible bidder. References for Bauman Landscape and Construction, Inc. proved satisfactory; and
WHEREAS, funding will be recommended for appropriation through the FY 2026 first amendment to the appropriations ordinance to carryover prior FY project funds in CIP Fund (Fund 501), Measure T1 Bond (Fund 511) and Parks Tax (Fund 138). Additional Parks Tax funds will be recommended for appropriation through the FY 2027 adopted budget Parks Tax capital baseline. No other funding is required, and no other projects will be delayed due to this expenditure.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specification No. 25-11736-C for the Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley rejects the bid protest by Azul Works, Inc.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley accepts the bid of the lowest responsive and responsible bidder, Bauman Landscape and Construction, Inc.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with Bauman Landscape and Construction, Inc. for the Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project in an amount not to exceed $6,515,433.35, which includes a contract base amount of $5,223,908.50 and additive bid No. 1 in the amount of $769,134.00 and an 8.7% contingency in the amount of $522,390.85 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

Attachment 2 - Bid Abstract

Office of the City Manager
2180 Milvia Street, Fifth Floor, Berkeley, CA 94704
e-mail: [email protected]

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Grant Application: Environmental Enhancement and Mitigation (EEM) Tree Planting Proposal

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit an Environmental Enhancement and Mitigation (EEM) grant application to plant urban forest trees in the amount up to $750,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FISCAL IMPACTS OF RECOMMENDATION
The maximum grant award is $750,000 and the proposed project period is two years.

The grant will cover costs to plant trees such as project planning and coordination up to 25% of the award, site preparation to create planting locations, materials, project-length labor, equipment rental, and contractor costs. The proposed cost match is $333,000 over two years and is made up of volunteer time as well as existing Forestry staff to administer the project and water trees that have been planted with grant funds. While local match is not required, the use of in-kind match will make the grant application more competitive. The grant funding cycle runs through March 1, 2030. Revenue from this grant will be deposited into the One-Time Grants Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
This program, as provided for by California Streets and Highways Code Section 164.56 (Article XIX, Section 1, of the State Constitution), authorizes the legislature to allocate up to $7 million each fiscal year from the Highway Users Tax Account (Motor Vehicle Revenues, Section 2100). EEM projects must contribute to the mitigation of the environmental effects of transportation facilities. The California Natural Resources Agency (CNRA) prescribes procedures and criteria to evaluate grant project proposals and submits a list of projects recommended for funding to the California Transportation Commission (CTC).

In April of 2025, the CNRA announced the current round of EEM grant funding. This application window for project proposals closed in July of 2025. After reviewing the

Grant Application – EEM Grant 2025- Tree Planting CONSENT CALENDAR December 2, 2025

entire applicant pool from throughout the state during the summer of 2025, the CNRA selected the project proposals that met their selection requirements to make a field visit of their project. After the field visit, the State would invite the most competitive projects to submit additional documents to complete the grant application. The City provided a field visit on October 20th and was invited to submit a final application in November 2025. Final awards are expected early in 2026, with an estimated project start time in June of 2026.

BACKGROUND
The EEM grant program involves tree planting and other activities that mitigate the negative environmental effects of a local Related Transportation Facility (RTF). The I-80 Widening Project of 1994 has been designated as the RTF for this area and still requires mitigation of increased traffic. This project proposes to plant 1,000 new site- specific trees throughout streets and parks in West Berkeley primarily at the following locations: 1) West side of Aquatic Park; 2) San Pablo Park; 3) Berkeley Waterfront; 4) Cedar Rose Park; and 5) Berkeley neighborhoods west of Shattuck Ave.

The Parks, Recreation & Waterfront Department has received EEM grants to plant trees throughout Berkeley for over two decades. This project would allow the City to continue its current tree planting efforts.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
One of the City’s Climate Action Plan goals is to maintain the urban forest’s present canopy coverage and to provide significant environmental benefits in the form of carbon dioxide absorption and oxygen production, as well as storm water retention and climate control. This project will use the natural systems of trees to achieve these goals. Trees also cool down temperatures, beautify neighborhoods, add habitat, and provide health benefits to residents and visitors.

RATIONALE FOR RECOMMENDATION
This grant will allow the City to expand the urban forest into historically underserved neighborhoods of West Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSONS
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Thomas Dodge, Senior Forestry Supervisor, 981-6687

Attachments:
1: Resolution

RESOLUTON NO: XXXXXXXX

APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL

ENHANCEMENT AND MITIGATION (EEM) PROGRAM IN THE AMOUNT OF UP TO $750,000
WHEREAS, the Legislature and Governor of the State of California have enacted Section 164.56 of the California Streets and Highways Code, which is intended to provide grant funds to local, state, and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures and criteria, and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley:

1. Approves the filing of an application for the Berkeley Urban Tree Planting Project; and

2. Certifies that Applicant understands the assurances and certification in the application; and

3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and

4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and

5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws, and that prior to commencement of construction all applicable permits will have been obtained; and

6. Certifies that Applicant will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and
7, Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

BE IT FURTHER RESOLVED, that the City of Berkeley authorizes the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

BE IT FURTHER RESOLVED, that a record signature copy of said agreements and any amendments to be on file in the City of Berkeley’s Office of the City Clerk.

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director of Parks, Recreation and Waterfront Subject: Grant Application: Ocean Protection Council SB1 funds for the University Ave Sea-Level Rise Adaptation Plan

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to submit a grant application to the Ocean Protection Council SB1 program for the University Ave Sea- Level Rise Adaptation Plan for up to $500,000; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FISCAL IMPACTS OF RECOMMENDATION
In December of 2025, the City will submit a grant proposal in the amount of $500,000 to develop a Sea-Level Rise Adaptation Plan for the shoreline area located south of University Ave just west of Frontage Road at the Berkeley Waterfront. While OPC does not require matching funds, leveraging additional funding sources is encouraged when feasible.

CURRENT SITUATION AND ITS EFFECTS
In 2021, Governor Newsom signed Senate Bill 1 (Atkins, 2021) into law. Senate Bill 1 (SB 1) directs the state to provide funding to local and regional governments to develop sea level rise (SLR) adaptation plans and implementation projects. In 2022, the California Air Resources Board (CARB) awarded $37.5 million to OPC to support the implementation of SB 1. As of June 2025, $14.14 million is available for funding SB 1 projects. The grant program accepts grant proposals on a quarterly basis in March, June, September, and December of each year. The next available deadline is December 19, 2025, when the City will submit a grant proposal in the amount of $500,000 to develop a Sea-Level Rise Adaptation Plan for the shoreline area located south of University Ave just west of Frontage Road at the Berkeley Waterfront.

Grant Application: Ocean Protection Council SB1 funds for the CONSENT CALENDAR University Ave Sea-Level Rise Adaptation Plan December 2, 2025

BACKGROUND
In 2019, the City commissioned the Berkeley Marina Sea Level Rise AB 691 Assessment Study” as required by Assembly Bill 691.1 The Study identified three locations in the Berkeley Waterfront that are most susceptible to intermittent inundation in the future due to Sea Level Rise from the time horizon of mid to end of century:
(1) the Virginia Street Extension at Marina Boulevard; (2) the South shore of University Avenue between Frontage Road and Marina Blvd; and (3) the north-east side of the Berkeley Inner Harbor. In 2025, the City received funding from the California Coastal Conservancy to address the Virginia Street location, and the Inner Harbor location is within the leased boundary of the Doubletree Hotel and will require additional analysis before a project can be designed. As a result, the University Ave location will be the subject of this grant proposal.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project will develop a Sea Level Rise Adaptation Plan for the south shore of University Ave between Frontage Road and Marina Blvd at the Berkeley Waterfront.

The plan will produce feasible alternative solutions that will protect University Ave and the Bay Trail at that location from the impacts of Sea-level Rise as well as develop nature-based solutions.

RATIONALE FOR RECOMMENDATION
The project will help the City advance the following long-term strategic goals: (1) Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment; (4) Provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; and (6) Create a resilient, safe, connected, and prepared City.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation, and Waterfront, 981-6700 Attachments:
1: Resolution
1 https://berkeleyca.gov/sites/default/files/documents/2019-8- 30%20Draft%20Sea%20Level%20Rise%20Assessment%20Study_0.pdf

RESOLUTION NO. ##,###-N.S.

GRANT APPLICATION – OCEAN PROTECTION COUNCIL SB1 FUNDS FOR THE

UNIVERSITY AVE SEA-LEVEL RISE ADAPTATION PLAN AT THE BERKELEY

WATERFRONT
WHEREAS, in 2021, Governor Newsom signed Senate Bill 1 (Atkins, 2021) into law.

Senate Bill 1 (SB 1) directs the state to provide funding to local and regional governments to develop sea level rise (SLR) adaptation plans and implementation projects; and WHEREAS, in 2022, the California Air Resources Board (CARB) awarded $37.5 million to OPC to support the implementation of SB 1. As of June 2025, $14.14 million is available for funding SB 1 projects; and
WHEREAS, the grant program accepts grant proposals on a quarterly basis in March, June, September, and December of each year. The next available deadline is December 19, 2025, when the City will submit a grant proposal in the amount of $500,000 to develop a Sea-Level Rise Adaptation Plan for the shoreline area located south of University Ave just west of Frontage Road at the Berkeley Waterfront; and WHEREAS, while OPC does not require matching funds, leveraging additional funding sources i
s encouraged when feasible.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to submit a grant application to the Ocean Protection Council SB1 program for up to $500,000 to develop a Sea-Level Rise Adaptation Pl
an for the shoreline area at University Ave; accept the grant; execute all necessary agreements,
contracts, and documents required to secure and administer said funds; and the City Council authorizes the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application: the CA Economic Development Department’s Employment Training and Pathways Program Funding for Additional YouthWorks Participants

RECOMMENDATION
Adopt a Resolution designating the City Manager or his designee as the authorized signatory to submit a grant application to the CA Employment Training and Pathways Program for up to $600,000; accept the grant; execute all necessary agreements, contracts, and documents required to secure and administer said funds; and the City Council authorizes the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

FINANCIAL IMPLICATIONS
The City will submit a grant proposal in the amount of up to $600,000 to cover the hourly salary, program materials, and training costs for up to 20 participants per year for two years. In addition, the 20% local match required by the grant will be provided in the form of existing FTE staff costs that administer the program.

CURRENT SITUATION AND ITS EFFECTS
On October 29, 2025, the CA Employment Development Department, on behalf of the CA Labor and Workforce Development Agency, announced the availability of up to $16.3 million in the Workforce Innovation and Opportunity Act Governor’s discretionary funds for the Employment and Training Pathways Program (ETPP) grant. The ETPP FY 26-27 grant will support the development and implementation of projects that accelerate pathways to employment for populations facing significant employment barriers into high-demand occupations for good-quality jobs.

The City’s Parks, Recreation, and Waterfront Department (YouthWorks Division) will submit a grant application in December of 2025 for up to $600,000 to operate a program to hire up to 20 participants per year for two years that will connect young adults that are not in school or jobs, or are English language learners with meaningful job training and paid transitional employment opportunities. Participants will be placed at partner agencies, including, but not limited to Inter-City Services, Waterside Workshops,

Grant Application – Employment Training and Pathways Program CONSENT CALENDAR for Additional YouthWorks Participants December 2, 2025

International Refugee Rescue, the Alameda County Youth Board, and Insight / Hope Meals Program. The grant application requires a resolution designating the signatory authority for the grant agreement documents.

BACKGROUND
The City’s Parks, Recreation, and Waterfront Department provides programming activities for a wide range of youth, young adults, and families in the areas of academic tutoring, pre-school readiness programs for 0-5 youth and their and families, and recreation of all types. Part-time paid internships through YouthWorks offer Berkeley residents valuable work experience, training, professional development and career growth opportunities. YouthWorks aligns with the City of Berkeley’s commitment to racial equity, recognizing systemic barriers and working to expand access to education, employment, and self-sufficiency.

During the school year of 2024-2025, the YouthWorks Division ran a successful program that involved three cohorts of paid interns from Berkeley High School, Berkeley Technical Academy, and Berkeley City College. Interns engaged in a wide range of staff-led workshops that focused on health education and workforce development.

Interns worked at health-based community organizations and focused on peer-to-peer mentoring as well as community outreach efforts. Each year, the PRW Department seeks to build on the success of the program and expand the YouthWorks program offerings to reach a larger number of local youth.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts associated with the contents of this report.

RATIONALE FOR RECOMMENDATION
This program will help expand the City’s YouthWorks program to provide paid work internships for up to 20 young adults each year for two years in Berkeley who face barriers to employment. The proposed program will support young adults who are not in school or jobs, or are English language learners with meaningful job training and paid transitional employment opportunities. This program will help the City work on two long- term City of Berkeley Strategic Goals: 3. Champion and demonstrate social and racial equity, and 9. Attract and retain a talented and diverse City government workforce.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Rafael Rangell, YouthWorks Manager, PRW, 847-0984.

Attachments
1: Resolution

RESOLUTION NO. ##,###-N.S.

GRANT APPLICATION – CA EMPLOYMENT TRAINING AND PATHWAYS PROGRAM

FOR ADDITIONAL YOUTHWORKS PARTICIPANTS
WHEREAS, on October 29, 2025, the CA Employment Development Department, on behalf of the CA Labor and Workforce Development Agency, announced the availability of up to $16.3 million in the Workforce Innovation and Opportunity Act Governor’s discretionary funds for the Employment and Training Pathways Program (ETPP) grant; and
WHEREAS, the grant guidelines require the Applicant to designate signatory authority to sign grant documents on behalf of the applicant; and WHEREAS, the City will submit an application for up to $600,000 to cover the hourly salary, program materials, and training costs for up to 20 participants each year for two years; and
WHEREAS, the required 20% local match for the grant will be provided in the form of existing FTE staff costs that administer the program.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is designated as the authorized signatory to submit a grant application to the Employment Training and Pathways Program for up to $600,000; accept the grant; execute all necessary agreements, contracts, and documents required to secure and administer said funds; and the City Council authorizes the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract: Passport Labs Incorporated for Parking Citation and Permit Management System (CPMS)

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Passport Labs Inc. for a Parking Citation and Permit Management System for a three-year contract for a total of $1.7 million dollars with an option to extend the contract for two years for a maximum length of five years.

FISCAL IMPACTS OF RECOMMENDATION
The annual fiscal impact to the General Fund will be approximately $550,000 to support this contract and will be allocated in the Police Department budget expenditure code 011-71-703-812-0000-000-421-612990. This contract is associated with a contra revenue account that absorbs the citation processing, permit, and collection fees to support the contract. The projected fees to be absorbed by the contra revenue account over the 3-year contract is estimated at $7.6 million dollars. These fees fluctuate depending on the number of citations and permits that are issued, payments received, and delinquent citations being sought.

CURRENT SITUATION AND ITS EFFECTS
The City’s current agreement with Passport Labs, Inc. was extended until August 4, 2027, to allow for the award of the new contract for the citation and permit management system. The City released a Request for Proposals (“RFP”) for a new citation and permit management system in anticipation of the expiration of its current contract. The new system is expected to enhance service delivery, improve compliance, and support the City's broader goals for curbside management and customer service.

BACKGROUND
In August 2024, the City hired a parking consulting firm to prepare an RFP for a parking citation and permit management system, including citation issuance devices. RFP No. 25-11708-C was posted on the City’s Bid & Proposal Opportunities website on Tuesday, February 11, 2025, along with other required documentation including a Technical Compliance Matrix, Proposer Pricing Workbook, and a copy of the City’s Sample

Contract: Passport Labs Inc. for a Citation and Permit Management System CONSENT CALENDAR December 2, 2025

Agreement. The City received four responses to the RFP and based upon the evaluation criterion, the evaluation committee recommended awarding a contract with Passport Labs, Incorporated. Upon Council approval, staff will begin working with Passport on implementation.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Parking Citation and Permit system from Passport Labs, Inc. allows customers to purchase permits and make payments online, which may result in reduced greenhouse gas emissions from customers and residents. The CPMS allows for digital permits and electronic records, which may result in the reduction of paper and other resources. This internet-based platform is utilized by the Finance, Police, Public Works, Information Technology departments and the City Manager’s Office.

RATIONALE FOR RECOMMENDATION
Without this contract, the City of Berkeley would not be able to continue the issuance, processing, and collection of parking violations occurring within the City of Berkeley.

This would include the revenue generated for the City of Berkeley by various facets of the parking program.

This contract also assists in support of Council directives to implement parking and enforcement programs in support of the expanded Citywide Residential Preferential Parking (RPP) Program, football and special event parking, and citation payment programs.

Passport’s Citation and Permit Management system will continue to provide the City of Berkeley with mobile handheld ticket issuance, online citation and permit payments, digital permitting, end-to-end citation processing and collections, and the industry’s most data-driven backend management software.

ALTERNATIVE ACTIONS CONSIDERED
Taking no action would end the existing contract and thus end the City of Berkeley’s ability to support the Parking Management Program and capture the revenue generated to support parking operations, including staff costs reliant upon this revenue stream.

CONTACT PERSON
Jennifer Louis, Chief of Police, 981-5700
Attachment:

1. Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT: PASSPORT LABS, INC. FOR A CITATION AND PERMIT

MANAGEMENT SYSTEM
WHEREAS, the City of Berkeley issued a Request for Proposal for a Citation and Permit Management System; and
WHEREAS, the City of Berkeley received four proposals and consistent with the Request for Proposal selection criterion, the selection committee selected Passport Labs, Inc. as the vendor with the best value for the City of Berkeley; and WHEREAS, funding for this contract in an annual amount of $550,000 is required from the General Fund to be deposited in the Police Department’s Budget, under budget code 011-71-703-812-0000-000-421-612990; and
WHEREAS, this contract is associated with a contra revenue account that absorbs the citation processing, permit and collection fees to support this contract which is expected to result in $7.6 million dollars of expenses that will be charged against the revenue.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is authorized to execute a contract and any necessary amendments with Passport Labs, Incorporated for a three-year initial term with an option for two additional years at a total of $1.7 million dollars for the three-year initial term.

Housing Advisory Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Housing Advisory Commission
Submitted by: Sarah Bell, Vice Chairperson, Housing Advisory Commission Subject: Loan Modification Requests for Housing Trust Fund Projects at 1139 Hearst Avenue, 3253 Adeline Street, and 1471 Addison Street and Update Interest Rates and Accrued Interest on Housing Trust Fund Loans

RECOMMENDATION
Adopt a Resolution approving the following actions for Housing Trust Fund (HTF) loans and direct staff to examine the HTF administrative guidelines:

1. Extend Resources for Community Development’s existing HTF loan for 1139 Hearst Avenue (Hearst Street Apartments) for five years and reduce the interest rate for the remaining term to 3% simple interest. The principal amount of $916,000 will remain the same.

2. Combine South Berkeley Neighborhood Development Corporation’s three HTF loans for 3253 Adeline Street (Lorin Station) into a new loan in the amount of $1,230,117, with 0% interest and a new loan maturity date of May 7, 2079, to align with their 2021 emergency rehab loan. The Regulatory Agreement will have a term of May 7, 2079, to be coterminous with the loan maturity date.

3. Refinance existing HTF loan for 1471 Addison Street (Addison Court Housing Cooperative) into a new loan with a 55-year term and 3% simple interest. The principal amount of $150,000 will remain the same. The Regulatory Agreement will have a term of November 1, 2080, to be coterminous with the loan maturity date.

4. Authorize the City Manager or designee to execute all documents required to effectuate these actions, including amendments to existing loan agreements.

5. Forgive the accrued interest as of the effective date of the new and/or amended loan for each new loan for Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative.

6. Direct staff to examine the HTF administrative guidelines to update the standards for interest rates and accrued interest for future HTF loans.

SUMMARY
The Housing Advisory Commission recommends modifying three Housing Trust Fund loans by reducing interest rates to 0-3%, extending terms to 55 years, and forgiving

Loan Modification Requests for Housing Trust Fund Projects at CONSENT CALENDAR 1139 Hearst Avenue, 3253Adeline Street, and 1471 Addison Street December 2, 2025

$2.8 million in accrued interest to prevent the loss of 57 affordable housing units. The modifications align unsustainable 1990s-era loan terms with current guidelines, establishing a framework for managing similar situations as approximately half of the HTF portfolio's loans come due in the next 2-5 years.

FISCAL IMPACTS OF RECOMMENDATION
Longer loan repayment terms, reduced interest rates, and forgiven interest for each of these loans, as summarized in the following table:

Property Original
Principal
Interest
Accrued
Original
Interest
Rate
Original
Loan
Maturation
Date
Updated
Principal
Updated
Interest
Accrued
Revised
Interest
Rate
Revised
Loan
Maturation
Date
Hearst Street
Apartments
$916,000 $1,638,601 6%
simple
interest
August 30,
2024
$916,000
(same)
0 3%
simple
interest
August 30,
2029
Lorin Station $1,229,742
across
three
separate
loans
$1,020,064 6%
simple
interest
Various
dates**
$1,230,117
(combined)
0 0%
simple
interest
May 7, 2079
Addison
Court
Housing
Cooperative
$150,000 $216,657 6%
simple
interest
October 31,
2026
$150,000
(same)
0 3%
simple
interest
November 1,
2080
Note that these loans are repaid via residual receipts for cashflow-constrained affordable housing providers, so the actual amount that each property will ultimately repay the city is likely to be unaffected by the forgiveness of accrued interest.

Staff time would be required to update guidance on interest rates and accrued interest for HTF loans.

CURRENT SITUATION AND ITS EFFECTS.

Three Housing Trust Fund properties face financial distress due to unsustainable loan terms from the 1990s-2000s. Two loans are past due, and all three properties cannot support 6% interest rates with their constrained cash flow.

Problem: Without modifications, these properties risk insolvency, threatening 57 affordable housing units serving extremely low to low-income households.

Loan Modification Requests for Housing Trust Fund Projects at CONSENT CALENDAR 1139 Hearst Avenue, 3253Adeline Street, and 1471 Addison Street December 2, 2025

Solution: Modify loan terms to align with current HTF Guidelines (3% interest, 55-year terms) and consolidate Lorin Station's three loans at 0% interest consistent with original Council intent.

Effects: Modifications will prevent displacement, preserve affordable housing stock, and establish a framework for similar situations as more HTF loans mature.

At its September 4, 2025, meeting, the Housing Advisory Commission (HAC) approved the Loan Modification Requests for Housing Trust Fund Projects with the following vote:

Action: M/S/C (Potter/ Simon-Weisberg) to recommend City Council to:

1. Extend Resources for Community Development’s existing HTF loan for Hearst Street Apartments for five years and reduce the interest rate for the remaining term to 3% simple interest. The principal amount of $916,000 will remain the same.

2. Combine South Berkeley Neighborhood Development Corporation’s three HTF loans for Lorin Station into a new loan in the amount of $1,230,117, with 0% interest and a new loan maturity date of May 7, 2079, to align with their 2021 emergency rehab loan. The Regulatory Agreement will have a term of May 7, 2079, to be coterminous with the loan maturity date.

3. Refinance Addison Court Housing Cooperative’s existing HTF loan into a new loan with a 55-year term and 3% simple interest. The principal amount of $150,000 will remain the same. The Regulatory Agreement will have a term of November 1, 2080, to be coterminous with the loan maturity date.

4. Authorize the City Manager or designee to execute all documents required to effectuate these actions, including amendments to existing loan agreements.

5. Forgive the accrued interest as of the effective date of the new and/or amended loan for each new loan for Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative.

6. Direct staff to examine the HTF administrative guidelines to update the standards for interest rates and accrued interest for future HTF loans.

Vote: Ayes: Bell, Haycox, Micael, Potter, Shere, Simon-Weisberg, and Twu. Noes:

None. Abstain: None. Absent: Scott.

BACKGROUND
The City's HTF program has provided loans for affordable housing development since the 1990s. Older HTF loans from the late 1990s and early 2000s have 30-year terms and 6% interest rates, reflecting the high prime rates (8.25%-9.0%) of that era. Current HTF Guidelines establish 55-year terms and 3% interest rates for new loans.

The City's HTF portfolio currently consists of 60 projects with about 1700 affordable housing units. Approximately half of these properties have loans coming due in the next

Loan Modification Requests for Housing Trust Fund Projects at CONSENT CALENDAR 1139 Hearst Avenue, 3253Adeline Street, and 1471 Addison Street December 2, 2025

2-5 years, creating portfolio management challenges as many older loan structures are no longer sustainable under current economic conditions.

Three HTF projects requested loan modifications:
● Hearst Street Apartments: The 1994 loan of $916,000, payable via residual receipts, at 6% interest matured August 30, 2024, with total debt of $2.55M that RCD cannot repay.
● Lorin Station: Three City loans ($177k in 1989, $322k in 1991, and $730k in 2021) were originally intended as grants but converted to loans to meet tax credit requirements. Accrued interest now exceeds $1M. Payable via residual receipts. ● Addison Court Housing Cooperative: The 1996 loan of $200k (reduced to $150k in 1998), payable via residual receipts, at 6% interest matures October 31, 2026, with limited cash flow for repayment.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The recommendations primarily clarify and extend existing HTF policies by:
● Aligning older loan terms with current HTF Guidelines that establish 3% interest rates and 55-year terms for new loans
● Maintaining the core HTF program structure while updating outdated terms from loans executed in the 1990s-2000s when prime rates were 8.25%-9.0% ● Preserving affordability requirements and regulatory agreements that continue the City's investment in long-term affordable housing
The existing loan structure is unsustainable for all three properties, with two loans already past due and all three properties operating with constrained cash flow that cannot support the original 6% interest rates and shorter terms. Without modifications:
● Hearst Street Apartments faces a $2.55M debt (principal plus interest) that cannot be repaid
● Lorin Station has over $1M in accrued interest that renders the project financially unviable
● Addison Court Housing Cooperative cannot meet loan obligations while maintaining necessary reserves
The proposed modifications bring these older loans into alignment with contemporary standards, ensuring equitable treatment across the HTF portfolio.

Loan Modification Requests for Housing Trust Fund Projects at CONSENT CALENDAR 1139 Hearst Avenue, 3253Adeline Street, and 1471 Addison Street December 2, 2025

Property-Specific Justifications:

Hearst Street Apartments
● Extends existing policy with 5-year extension and 3% rate reduction ● Property serves households at deeper affordability than required, with 27 of 31 households below 40% AMI
● RCD will use extension period to improve rental revenue procedures and evaluate capital improvement needs
Lorin Station
● Clarifies original intent by consolidating loans consistent with the original Council intent to provide initial funding as a forgivable loan or grant to facilitate development
● Property exceeds affordability requirements with 9 of 10 units occupied by households below 40% AMI, including 6 households below 25% AMI ● 0% interest rate reflects the fact that grants were converted to loans only to meet tax credit program requirements
Addison Court Housing Cooperative
● Extends existing policy with 55-year term and 3% rate consistent with current guidelines
● ACHC has been consistent with making annual payments and submitted a comprehensive business plan for capital improvements
All modifications maintain:
● Residual receipts payment structures ensuring payments only when properties generate surplus cash
● Regulatory agreements preserving long-term affordability ● City's ability to recover funds if properties are sold or refinanced Portfolio Management Benefits: Approximately half of HTF properties have loans coming due in the next 2-5 years. These modifications establish precedent for systematic portfolio management that balances financial sustainability with affordability preservation, enabling the City to proactively address similar situations across its 60- project, 1700-unit HTF portfolio.

ALTERNATIVE ACTIONS CONSIDERED
One alternative that the commission considered was not to forgive the accrued interest but to let it stand, repayable but not accruing additional interest. No advantage was seen to retaining the accrued interest on these loans, given that it was unlikely to be paid back within the loan term, and no other purpose was seen for leaving the accrued interest outstanding.

CITY MANAGER
See companion report.

Loan Modification Requests for Housing Trust Fund Projects at CONSENT CALENDAR 1139 Hearst Avenue, 3253Adeline Street, and 1471 Addison Street December 2, 2025

CONTACT PERSON
Snow Zhu, Commission Secretary, HHCS, (510) 981-7774
Mike Uberti, Senior Community Development Project Coordinator, HHCS, (510) 981-5114
Lourdes Chang, Senior Community Development Project Coordinator, HHCS, (510) 981-5263
Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

APPROVING LOAN MODIFICATIONS FOR THREE EXISTING HOUSING TRUST FUND PROJECTS: HEARST STREET APARTMENTS, LORIN STATION, AND

ADDISON COURT HOUSING COOPERATIVE
WHEREAS, City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, City Council adopted guidelines (HTF Guidelines) as revised on January 19, 2021, and authorized the HTF program in accordance with the Guidelines; and WHEREAS, the City’s older HTF loans, primarily executed between the late 1990s and early 2000s, typically have 30-year terms and 6% simple interest rates, while the current HTF Guidelines establish 55-year terms and 3% simple interest rate, and allow for City Manager approval of any deviations from those standard terms; and WHEREAS, the owners of three existing HTF projects—Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative—requested modifications to the terms of their City loans in order to preserve long-term affordability and financial viability; and WHEREAS, Hearst Street Apartments, a 32-unit multifamily development located at 1133–39 Hearst Street and owned by Resources for Community Development (RCD), has reached loan maturity, with $916,000 in principal and approximately $1.6M in accrued interest as of the writing of this report; and
WHEREAS, staff supports extending the Hearst Street Apartments loan term by five (5) years to August 30, 2029, and reducing the interest rate to 3% simple interest, consistent with current HTF Guidelines, to allow RCD time to improve project cash flow and plan for future capital improvements; and
WHEREAS, Lorin Station, a 14-unit mixed-use affordable housing development located at 3253–3269 Adeline Street and owned by South Berkeley Neighborhood Development Corporation (SBNDC), received three City HTF loans in 1989, 1991, and 2021 totaling approximately $1.23 million; and
WHEREAS, the 1989 and 1991 loans have reached or are approaching maturity, and SBNDC lacks sufficient cash flow to repay them; staff recommends combining the three loans into a single residual receipts loan of $1,230,117 with 0% simple interest and a new term of 55 years, coterminous with the 2021 Emergency Rehabilitation Loan; and WHEREAS, Addison Court Housing Cooperative (ACHC), a 10-unit resident-managed cooperative located at 1135–1139 Addison Street, assumed a $150,000 HTF loan in 1996 that accrues 6% simple interest and matures on October 31, 2026; and

Internal

WHEREAS, ACHC has requested, and staff supports, refinancing the existing loan with a new 55-year term and a reduced 3% simple interest rate to ensure continued financial stability and the ability to complete planned capital improvements; and WHEREAS, the Housing Advisory Commission, at its September 4, 2025, meeting, voted unanimously to recommend approval of the three loan modification requests, and forgiveness of accrued interest for each loan as of the effective date of the new and/or amended loan; and
WHEREAS, the Housing Advisory Commission recommends updating the HTF Guidelines to allow for accrued interest forgiveness in all HTF loan modifications; and WHEREAS, approval of these loan modifications will further the City’s goals of maintaining and preserving affordable housing stock, supporting community-based ownership, and preventing displacement of lower-income Berkeley residents.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Council hereby approves the modification of three existing HTF loans as follows:

1. Hearst Street Apartments – Authorize the City Manager or designee to extend the existing HTF loan for five (5) years to August 30, 2029, and reduce the interest rate for the remaining term to 3% simple interest.

2. Lorin Station – Authorize the City Manager or designee to combine the South Berkeley Neighborhood Development Corporation’s three HTF loans into one new residual receipts loan in the amount of $1,230,117, with 0% simple interest and a 55-year term coterminous with the 2021 Emergency Rehabilitation Loan.

3. Addison Court Housing Cooperative – Authorize the City Manager or designee to refinance the existing HTF loan into a new 55-year loan term at 3% simple interest.

BE IT FURTHER RESOLVED that the amount of interest accrued as of the effective date of the new loans will be forgiven by the City of Berkeley for each loan and only the principal from the original loans will be included as part of the not-to-exceed amount for the new loans.

BE IT FURTHER RESOLVED that the City Manager or designee will review and make recommendations on the Housing Trust Fund Guidelines terms for interest rates and accrued interest.

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute all original or amended documents, promissory notes, regulatory agreements, or other instruments necessary to effectuate these loan modifications.