Agenda packet — El Cerrito City Council, May 16, 2023

Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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TUESDAY, MAY 16, 2023
REGULAR CITY COUNCIL MEETING (6:00 PM)
City Council Chambers - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/83735232236?pwd=ZG11bUFUbTZSZFlIMEF1dDdkTS9CZz09 Meeting ID: 837 3523 2236 Password: 622192 Dial in: 1-408-638-0968 View:

1. Cable T.V. Broadcast on KCRT Channel 28

2. Livestream Online at www.el-cerrito.org/CouncilMeetingMaterials Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 510- 215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations. Closed Captions available via zoom.

Conduct: This meeting shall be conducted pursuant to the El Cerrito City Council Rules of Order and Procedure, including adjourning by 11:00 PM unless extended to a specific time determined by a majority of the Council.

Public Comments:

1. In-person by submitting a request to speak to the City Clerk.

2. Via Zoom using the “Raise Hand” icon to request to speak.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Written comments received by 2:00 p.m. the day of the meeting will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and will be posted after the meeting. 6:00 PM ROLL CALL – CONVENE REGULAR CITY COUNCIL MEETING

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY DUE TO EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

2. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A

MOMENT OF SILENCE

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS
Agenda Packet Page 1 of 74
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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4. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.

5. ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are typically limited to 3 minutes per person. The Mayor may reduce the time limit per speaker depending upon the number of speakers and may limit the total time for public comment to facilitate the completion of business on the agenda. Comments regarding non-agenda, presentation and consent calendar items will be heard first.

Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.

6. PRESENTATIONS

7. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.

A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of April 11, 18, May 2, and 9, 2023.

Contact: Holly M. Charléty, City Clerk, City Management

8. PUBLIC HEARINGS

9. POLICY MATTERS
A. Adoption of a Resolution Approving a Memorandum of
Understanding between the City of El Cerrito and the Public Safety Management Association (PSMA)
Action Proposed: Adopt a resolution approving an agreement between the City of El Cerrito and the Public Safety Management Association (PSMA) modifying language on salaries, benefits, and creating a new Memorandum of Understanding.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources
Agenda Packet Page 2 of 74
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick AGENDA Carolyn Wysinger

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B. Financial Advisory Board Work Plan
Action Proposed: Receive an overview from the Financial Advisory Board on their 2021-22 accomplishments and 2022-2024 Work Plan, with discussion and possible direction from the City Council.

Contact: Farhad Farahmand, Chair, Financial Advisory Board C. FY 2022-23 3rd Quarter General Fund Update
Action Proposed: Receive and file the FY 2022-23 General Fund Budget Quarterly update through March 2023.

Contact: Will Provost, Assistant to the City Manager, City Management

10. CITY COUNCIL LOCAL & REGIONAL LIAISON ASSIGNMENTS
Mayor and City Council communications regarding local and regional liaison assignments, committee reports, and any required reporting under AB 1234 for meetings (as defined by the Brown Act) attended at the public's expense.

11. ADJOURN REGULAR CITY COUNCIL MEETING
The next regularly scheduled City Council meeting is Tuesday, June 6, 2023 at 6:00 p.m.

The City of El Cerrito serves, leads and supports our diverse community by providing exemplary and innovative services, public places and infrastructure, ensuring public safety and creating an economically and environmentally sustainable future.

Agenda Packet Page 3 of 74
Agenda Item No. 7.A.

Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, APRIL 11, 2023
Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 510- 215-4305. Notification 48 hours prior to the meeting will enable the City to make reasonable accommodations. Closed Captions available via zoom.

Public Comments:

1. In-person by submitting a request to speak to the City Clerk.

2. Via Zoom using the “Raise Hand” icon to request to speak.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Written comments received by 2:00 p.m. the day of the meeting will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and will be posted after the meeting. 4:30 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 4:40 PM .

Present: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Absent: None

1. ORAL COMMUNICATIONS FROM THE PUBLIC
All persons wishing to speak should sign up with the City Clerk. Remarks are typically limited to 3 minutes per person and to items on the special meeting agenda only.

None

2. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY DUE TO EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

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SPECIAL CITY COUNCIL MEETING (4:30 PM)
Hillside Conference Room - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/85046747861?pwd=WTRkZXc5ZDBHWW0rbVE3K1hTR3RDdz09 Meeting ID: 850 4674 7861 Password: 149046 Dial in: 1-408-638-0968 Agenda Packet Page 4 of 74

3. CLOSED SESSION - PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: City Manager
Contact: Lisa Motoyama, Mayor
City Council Convened to closed session at 4:45 PM. No Reportable Action.

4. CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957
Agency designated representatives: Two members of City Council to be designated.

Unrepresented employee: City Manager
Contact: Sky Woodruff, City Attorney, City Management
Action: The city council appointed an ad-hoc subcommittee comprised of Mayor Pro Tem Rudnick and Councilmember Quinto to discuss and negotiate labor considerations for the City Manager.

5. ADJOURN REGULAR CITY COUNCIL MEETING
The special meeting adjourned at 6:20 PM
Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of April 11, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk

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Agenda Packet Page 5 of 74
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, APRIL 18, 2023
View:

1. Cable T.V. Broadcast on KCRT Channel 28

Public Comments:

1. In-person by submitting a request to speak to the City Clerk.

2. Via Zoom using the “Raise Hand” icon to request to speak.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Present: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Quinto, Councilmember Wysinger Present Remotely: Councilmember Fadelli Absent: None

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REGULAR CITY COUNCIL MEETING (6:00 PM)
City Council Chambers - 10890 San Pablo Ave, El Cerrito Additional In-Person Location:
5900 Lower Honoapiilani Rd. Unit 315 Lahaina HI 96761
Join Via Zoom:
https://us06web.zoom.us/j/81199602149?pwd=WW5lZzdvUHAxUEViT2hRWXAvQUZRUT09 Meeting ID: 811 9960 2149 Password: 592380 Dial in: 1-408-638-0968 Agenda Packet Page 6 of 74

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1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY
DUE TO EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

2. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF

A MOMENT OF SILENCE

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

4. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.

City Manager Pinkos - announced the upcoming Budget Town Hall on Saturday April 22, and the budget survey currently available on the city's website.

Mayor Motoyama - announced Bike to Work Day on May 18, Hillside Festival on May 6-7, reported out from Closed Session on April 11, 2023 the appointment of a subcommittee comprised of Mayor Pro Tem Rudnick and Councilmember Quinto to discuss labor negotiations for the City Manager.

Councilmember Fadelli - shared seeking contributors and sponsorships for the El Cerrito July 4th event and announced today is Jewish Holocaust Remembrance Day.

Comments regarding non-agenda, presentation and consent calendar items will be heard first.

Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.

All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for matters not on the agenda were received from Cordell Hindler and David Weinstein; and presentation item #6A from Al Miller and Michael Fischer.

Oral Public Comments:

Dave Weinstein - spoke on behalf of Trail Trekkers and organization and trail needs to be considered in the upcoming budget process.

Buddy Akacić - commented on El Cerrito stands united against hate and feeling targeted by hate speech.

Phyllis Whiteman - spoke regarding the aesthetics of the Mayfair Building, and the senior center at Hana Gardens.

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Cordell Hindler - spoke in favor of Management Partners contract, the need for speed bumps on Ashbury, and requested discussion of plans at the Port of Oakland.

Ryan Lau - representative of AC Transit seeking responses to agency survey asked for input on services in the wake of the pandemic.

6. PRESENTATIONS
A. El Cerrito Library Update and National Library Week Proclamation Action Proposed: Receive and file an update from the El Cerrito Library and pass a motion to approve a proclamation declaring April 23- 29, 2023 as National Library Week in the City of El Cerrito and encourage all residents to visit the library.

Contact: Heidi Goldstein, Senior Community Library Manager, Contra Costa County Library
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding increase in the El Cerrito Branch visits, declaration of democracy, and the local effects of book bans.

Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember
Wysinger Action: Approved Proclamation. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
B. Marin Clean Energy (MCE) Presentation
Action Proposed: Receive and file a presentation from Marin Clean Energy highlighting programs available in El Cerrito.

Contact: Sebastian Conn, Senior Community Development
Manager, MCE
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding electric vehicle charging stations, renter programs offered in the future, types of local jobs created, what would MCE operations look like if more customers opt into deep green, financial assistance parameters, west contra costa projects, effect of the court overturning the City of Berkeley's natural gas ban.

Oral Comments:

Harry Lava - inquired on the federal and state funding for green renewable hydrogen plans or programs.

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7. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.

Moved/Seconded: Councilmember Quinto/Councilmember Wysinger Action: Approved the consent calendar as indicated below.

Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None A. Approval of Minutes
Action Proposed: Pass a motion to approve the minutes from the meetings of March 21 and April 4, 2023.

Contact: Holly M. Charléty, City Clerk, City Management Action: Approved minutes with the following revisions. 1) 3/21/2023 page 7, modify Mayor Motoyama's report to read "reported on attendance at a meeting with the government liaison to the California Public Utilities Commission..." and 2) 4/4/2023 page three, modify Councilmember Fadelli's report to read "record swap at the Downtown Home Music store..."
B. Monthly Disbursement and Check Register Report for March 2023 Action Proposed: Receive and file the Monthly Disbursement and Check Register Report for the month of March 2023.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
Action: Received and filed
C. FY 2022-23 Third Quarter Cash and Investment Report
Action Proposed: Receive and file the City's second quarterly cash and investment report for the period January 1, 2023 through March 31, 2023.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
Action: Received and filed
D. Adopt Landscape and Lighting Assessment (LLAD) for Fiscal Year 2023-24 and Adopt Resolution of Intent to Order Improvements; and Set the Public Hearing as May 2, 2023
Action Proposed: Accept the Engineer's Report specifying assessments for the Landscaping and Lighting Assessment District No 1988-1 for Fiscal Year 2023-24 and adopt a Resolution of Intention to order improvements pursuant to the Landscape and Lighting Act of 1972, and set the time, date, and place of the public hearing as May 2, 2023 at 6:00 p.m.

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Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department
Action: Approved Resolution No. 2023-30
E. Amendment to Consulting Services Agreement with
Management Partners / Baker Tilly to Develop a Strategic Plan Action Proposed: Adopt a resolution authorizing the City Manager to execute an amendment to the consulting services agreement with Management Partners (now Baker Tilly US, LLP) to assist the City in development of a Strategic Plan in an amount not to exceed $37,990, with the total contract amount not to exceed $74,390 in Fiscal Year 2022- 2023, and extending the term of the agreement to December 31, 2023.

Contact: Will Provost, Assistant to the City Manager, City Management Action: Approved Resolution No. 2023-31
F. Calendar Year 2020 and 2021 Contra Costa Transportation Authority Growth Management Compliance Checklist
Action Proposed: Adopt a resolution approving the Calendar Years 2020 and 2021 Growth Management Program (GMP) Compliance Checklist for allocation of Fiscal Years 2021-22 and 2022-23 Measure J, Local Street Maintenance and Improvement Funds by the Contra Costa Transportation Authority (CCTA).

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved Resolution No. 2023-32

8. PUBLIC HEARINGS

9. POLICY MATTERS

Mayor Pro Tem Rudnick - reported on attendance at RecycleMore meeting, and City Earth Day Festival.

Councilmember Quinto - reported on attendance at Cal Cities Leadership Summit.

Councilmember Wysinger - reported on attendance at the City Earth Day Festival, and Women's Policy Summit.

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Mayor Motoyama - reported on attendance at ribbon cutting at California Fish Grill, Tom Bates Field JPA meeting, Advisory Body Ad-hoc meeting, Mayor's Conference meeting, St. Peters Christian Methodist Episcopal Church breakfast, Cal Cities Leadership Summit, and City Earth Day Festival.

11. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 7:27 PM
Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of April 18, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 11 of 74
Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, MAY 2, 2023
View:

1. Cable T.V. Broadcast on KCRT Channel 28

Public Comments:

1. In-person by submitting a request to speak to the City Clerk.

2. Via Zoom using the “Raise Hand” icon to request to speak.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Present: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Absent: None

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY DUE TO EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

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REGULAR CITY COUNCIL MEETING (6:00 PM)
City Council Chambers - 10890 San Pablo Ave, El Cerrito Join Via Zoom:
https://us06web.zoom.us/j/81644758253?pwd=YndPdGhEcFVveEw0TWdzd3VjcmZydz09 Meeting ID: 816 4475 8253 Password: 839822 Dial in: 1-408-638-0968 Agenda Packet Page 12 of 74

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2. PLEDGE OF ALLEGIANCE TO THE FLAG OR OBSERVATION OF A

MOMENT OF SILENCE

3. TELECONFERENCE AND PUBLIC COMMENT INSTRUCTIONS

4. COUNCIL/STAFF COMMUNICATIONS
Reports of closed session, commission appointments and informational reports on matters of general interest which are announced by the City Council and staff.

Fire Chief Saylors - provided an update regarding the County change to identification of the El Cerrito/Kensington Fire Stations. Station 71 to 51, Station 72 to 52, and Station 65 to 55.

Councilmember Fadelli - announced Trail Trekkers Hillside Festival on May 6- 7, and May 18 West Contra Costa Transportation Advisory Committee event regarding Bike to Wherever Day.

Mayor Motoyama - offered condolences to the family of Sincere Martin.

Comments related to items appearing on the Public Hearing or Policy Matter portions of the Agenda will be heard prior to the City Council taking action on each item.

Oral Public Comments:

Buddy Akacić - spoke regarding the need for a location for senior programs.

Cordell Hindler - commented on the need for installation of speed bumps on Ashbury, announced upcoming mixer, and challenges with cars speeding on Ashbury.

Ira Sharenow - spoke regarding the Ohlone Greenway master plan and need to make the Greenway safer for bikes and pedestrians, commented in support of the addition of pickleball courts in the city, and spoke regarding the annual audit.

Howdy Goudey - commented in support of purchasing electric vehicles when replacing city vehicles.

6. PRESENTATIONS
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7. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.

Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Wysinger Action:

Approved items A-C and E-H on the consent calendar as indicated below.

Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None A. Asian Pacific American Heritage Proclamation
Action Proposed: Approve a proclamation declaring the Month of May 2023 as Asian Pacific American Heritage Month in the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources Department
Action: Approved proclamation updating the percentage to the current census data in the fifth whereas clause.

B. Jewish American Heritage Month Proclamation
Action Proposed: Approve a proclamation declaring the Month of May 2023 as Jewish American Heritage Month in the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, Human Resources Department
Action: Approved proclamation
C. National Public Works Week Proclamation
Action Proposed: Pass a motion approving a proclamation designating May 21 through 27, 2023 as National Public Works Week in El Cerrito and encouraging all residents, businesses, and community organizations to recognize the substantial contributions Public Works personnel make to protect our health, safety, and quality of life.

Contact: Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Action: Approved proclamation
D. Affordable Housing Month Proclamation
Action Proposed: Approve a proclamation designating May 2023 as Affordable Housing month in El Cerrito.

Contact: Aissia Ashoori, Housing Manager, Community Development Pulled from Consent by Councilmember Fadelli
Moved/Seconded: Councilmember Quinto/Mayor Pro Tem Rudnick Action: Approved with an amendment to add a clause noting the City's State Prohousing Designation. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto,
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Councilmember Wysinger Noes: None
E. Bike to Work Day Proclamation
Action Proposed: Approve a proclamation recognizing May 18, 2023 as Bike to Work Day in El Cerrito.

Contact: Jennifer Bright, Management Assistant; Melanie Mintz, Community Development Director, Community Development Department
Action: Approved proclamation
F. Proclamation Recognizing East Bay Municipal Utility District's Centennial Anniversary
Action Proposed: Approve a proclamation recognizing East Bay Municipal Utility District's centennial anniversary.

Contact: Holly M. Charlety, City Clerk, City Management Action: Approved proclamation
G. Revisions to Citywide Records Retention Schedule
Action Proposed: Adopt a Resolution to approve an update to the Citywide Records Retention Schedule and rescind Resolution No. 2018-

54. Contact: Holly M. Charléty, City Clerk, City of El Cerrito Action: Approved Resolution No. 2023-33
H. Execute an Agreement for the Lease Purchase of Two Replacement Command Vehicles in an Amount Not to Exceed $150,000
Action Proposed: Adopt a Resolution to authorize the lease-to-own purchase of two (2) Chevrolet Tahoe SSV command staff vehicles from California Automotive Retailing Group, INC DBA Dublin Chevrolet of Dublin, CA.

Contact: Eric Saylors, Fire Chief; Joseph Torres, Battalion Chief; Anthony Dawson, Engineer, Fire Department
Action: Approved Resolution No. 2023-34

8. PUBLIC HEARINGS
A. Public Hearing on Master Fee Schedule Revisions for Fiscal Year 2023-24
Notice Published 4/22/23 & 4/28/23
Action Proposed: Conduct a public hearing, and upon conclusion adopt a resolution approving the Fiscal Year 2023-24 Master Fee Schedule.

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Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding planning fees, paratransit cost reduction, facility rental fees, business license fees, pools and tennis fees, if sufficient funds are available for the need for David Hunter memorial program funds, the parking program, and the solar permit fee.

Public Hearing: Mayor Motoyama opened the public hearing.

Public Comments: All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for this item were received from Jennifer Kaczor, as the Chair of the Park and Recreation Commission.

Oral Public Comments:

Howdy Goudey - commented on the fee for solar permits.

Moved/Seconded: Councilmember Quinto/Councilmember Fadelli Action: Closed the public hearing. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
Moved/Seconded: Councilmember Quinto/Councilmember Wysinger Action: Adopt Resolution No. 2023-35 with exhibit A updated to reflect the 4% increased fee for government entities rental fee for Council Chambers. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick,
Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
B. Public Hearing regarding Fiscal Year 2023-24 Storm Drain Annual Report and method of collecting storm drain fees Notice Published 4/22/23 &4/28/23. 2/3 vote required to pass.

Action Proposed: Conduct a public hearing and upon conclusion adopt a resolution approving the Fiscal Year 2023-24 Storm Drain Annual Report and directing that Storm Drain Fees be collected on the property tax rolls.

Contact: Sandra Dalida, Finance Director/Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Public Hearing: Mayor Motoyama opened the public hearing.

No Public comments
Moved/Seconded: Councilmember Quinto/Mayor Pro Tem Rudnick Action: Closed the public hearing. Ayes: Mayor Motoyama, Mayor Agenda Packet Page 16 of 74

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Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
Moved/Seconded: Councilmember Fadelli/Councilmember Wysinger Action: Approved Resolution No. 2023-36 Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None
C. Public Hearing to Confirm the Diagram and to Levy the Assessment for Fiscal Year 2023-24 for Landscape and Lighting Assessment District No. 1988-1
Notice Published 4/22/23
Action Proposed: Conduct a public hearing, and upon conclusion adopt a resolution setting the annual Landscape and Lighting Assessment for Fiscal Year (FY) 2023-24 as $72 per single-family residential parcel, and as noted in the Engineer’s Report for other classes of properties.

Contact: Sandra Dalida, Finance Director/City Treasurer, Finance Department; Yvetteh Ortiz, Public Works Director/City Engineer, Public Works Department
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding considerations for sustainability of the infrastructure, and the process for property based elections under proposition 218, amount of support from the general fund to provide the current level of services, lack of inflation to the fee, cost of parks and landscape maintenance covered by the general fund, .

Public Hearing: Mayor Motoyama opened the public hearing.

No public comments.

9. POLICY MATTERS
A. Fiscal Year 2023-2024 Budget Study Session
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Action Proposed: Conduct a study session on the Fiscal Year 2023- 2024 Budget including:
• Feedback from the April 22, 2023 Community Budget Town Hall • Discussion of priorities for FY 2023-24 Budget
• City Council Budget
Contact: Karen Pinkos, City Manager, City Management
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding a focus on equity, discussed the council travel and training budget requested, benefits of participation of state and national caucuses, and council salary.

Public Comments: All written comments submitted prior to and during the meeting were posted online as supplemental materials and incorporated into the official meeting record. Written public comments for this item were received from Jennifer Kaczor, the Chair of the Park and Recreation Commission, and John Stashik.

Oral Public Comments:

Linda Cain - commented on the lack of necessity for the amount of travel by councilmembers for the residents.

Moved by Mayor Pro Tem Rudnick, a $5,000 annual allotment per councilmember, and an additional $8,000 allotment for the Mayor.

A request for a friendly amendment by Councilmember Wysinger to increase to $8,000 per councilmember was rejected.

A request for a friendly amendment by Councilmember Fadelli to increase to $6,000 per councilmember was accepted.

A request by staff for an additional $5,000 to cover the cost of up to 4 members attending the New Mayor/Councilmember
Academy was accepted.

Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Fadelli Action: Passed a motion directing staff to include in the draft budget $43,000 for City Council travel/training which includes a $6,000 annual allotment per councilmember, $8,000 allotment for the Mayor, and $5,000 to cover the cost of attendees at the New Mayor/Councilmemebr Academy. Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick,
Councilmember Fadelli, Councilmember Wysinger Noes: Councilmember Quinto
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Mayor Pro Tem Rudnick - reported on attendance at an AC Transit breakfast event, and a Park and Recreation Commission meeting.

Councilmember Fadelli - reported on attendance at a Contra Costa Transportation Authority meeting.

Mayor Motoyama - reported on attendance at an East Bay Economic Development Alliance meeting, Association of Bay Area Government Executive Committee meeting, Cal Cities briefing on Sales Tax, City Community Budget Town Hall meeting, 50th anniversary celebration for the Wen Wu Martial Arts Academy, City Hall tour for the Wildcat 4-H club, addressed the El Cerrito Democratic club, Advisory Body Council ad-hoc meeting, West County Mayors and Supervisors meeting, and ribbon cutting ceremony for Edward Jones Financial Advisory Services.

11. ADJOURN REGULAR CITY COUNCIL MEETING
The regular meeting adjourned at 8:38 PM in memory of former Police Chief Patrice Reeve.

Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of May 2, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
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Mayor Councilmembers
Lisa Motoyama Paul Fadelli
Mayor Pro Tem Gabriel Quinto
Tessa Rudnick Carolyn Wysinger

EL CERRITO CITY COUNCIL DRAFT MINUTES
TUESDAY, MAY 9, 2023
View:

1. Cable T.V. Broadcast on KCRT Channel 28

Public Comments:

1. In-person by submitting a request to speak to the City Clerk.

2. Via Zoom using the “Raise Hand” icon to request to speak.

3. By Phone at 1-408-638-0968, dial *9 to "raise your hand".

4. By Email to [email protected] identified in the subject line as Public Comments – Agenda Item #.

Written comments received by 2:00 p.m. the day of the meeting will be provided to the City Council and posted online in advance of the meeting. Comments received after the deadline will be provided to the City Council and will be posted after the meeting.
6:00 PM ROLL CALL - CONVENE SPECIAL CITY COUNCIL MEETING Mayor Motoyama called the meeting to order at 6:01 PM.

Present: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Absent: None Mayor Motoyama shared comments and recognized the passing of former Police Chief Pat Reeve.

SPECIAL CITY COUNCIL MEETING (6:00 PM)
Council Chambers - 10890 San Pablo Ave, El Cerrito
Join Via Zoom:
https://us06web.zoom.us/j/82945771312?pwd=MTBPdVpLbDJiNWVsaWZZY0pqaVlxQT09 Meeting ID: 829 4577 1312 Password: 545667Dial in: 1-408-638-0968 Agenda Packet Page 20 of 74

Page 2 of 3 ends

1. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A

COUNCILMEMBER TO PARTICIPATE IN THE MEETING REMOTELY DUE TO EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

2. ADOPTION OF THE CONSENT CALENDAR
All items on the consent calendar shall be acted upon in one motion, unless a member of the City Council or staff request separate consideration.

A. Public Service Recognition Week
Action Proposed: Adopt a proclamation recognizing May 7-13, 2023 as Public Service Week in El Cerrito.

Contact: Karen Pinkos, City Manager, City Management
Moved/Seconded: Mayor Pro Tem Rudnick/Councilmember Fadelli Action: Approved Proclamation Ayes: Mayor Motoyama, Mayor Pro Tem Rudnick, Councilmember Fadelli, Councilmember Quinto, Councilmember Wysinger Noes: None

3. POLICY MATTERS
A. Agreement with Pedro (Pete) Salazar for Finance Director/City Treasurer Services
Action Proposed: Adopt a resolution authorizing the City Manager to enter into an agreement with Pedro (Pete) Salazar, as a CalPERS retired annuitant, to provide Finance Director/City Treasurer services to the City of El Cerrito.

Contact: Shannon Bassi, Senior Human Resources Analyst, City Management
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council regarding salary for this position versus IT Manager, as well as amount of hours remaining.

Oral Public Comments:

Cordell Hindler - spoke in support of approval.

Moved/Seconded: Councilmember Quinto/Councilmember Wysinger Action: Approved. Ayes: Mayor Motoyama, Mayor Pro Tem
Rudnick, Councilmember Fadelli, Councilmember Quinto,
Councilmember Wysinger Noes: None
B. Fiscal Year 2023-2024 Budget Study Session
Action Proposed: Hear from City departments and conduct a study session on the FY 2023-24 budget.
• Preliminary Department Overview
• Review of FY 2022-23 Department Highlights
• FY 2023-24 Department Focus and Workplan/Operations
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Contact: Karen Pinkos, City Manager, City Management
Presentation and Discussion: Presenters and staff responded to comments and questions raised by members of the council for Administration/Finance regarding 115 Trust, new revenue options, and cyber security efforts; for Community Development regarding building official, streamlining inspections, rental registry participation levels, shortterm rentals, support of low income and small businesses in the San Pablo Specific Plan, timing to issue permits, and status of development on San Pablo Ave; for Fire regarding diversifying recruitment outreach, addressing public safety building deficiencies, red flag warning day parking, Emergency Operations Center (EOC) drill, and coordinated efforts in fire safety; for Police regarding employee retention, parking plan and citations, community liaison officer role, traffic officers, retail theft, bike officers, mental health services, and canine officers; for Public Works regarding vacancies, technology enhancements for permit processes, reimbursements and grants; and for Recreation regarding increasing services to black and indigenous youth, senior services, meal services, and scholarships.

Oral Public Comments:

Cordell Hindler - commented regarding concern with speeding on Ashbury.

Robin Mitchell - spoke in support of funding an update to the inventory of city trees.

Action: None

4. ADJOURN REGULAR CITY COUNCIL MEETING
Councilmember Fadelli requested the meeting be adjourned in memory of Chris Strachwitz. The special meeting adjourned at 9:49 PM
Lisa Motoyama, Mayor
This is to certify that the foregoing is a true and correct copy of the minutes of the City Council meeting of May 9, 2023 as approved by the El Cerrito City Council.

Holly M. Charléty, MMC, City Clerk
Agenda Packet Page 22 of 74

AGENDA BILL
Agenda Item No. 9.A.

Date: May 16, 2023
To: El Cerrito City Council
From: Shannon Bassi, Senior Human Resources Analyst, Human Resources Subject: Adoption of a Resolution Approving a Memorandum of Understanding between the City of El Cerrito and the Public Safety Management Association (PSMA)

ACTION PROPOSED
Adopt a resolution approving an agreement between the City of El Cerrito and the Public Safety Management Association (PSMA) modifying language on salaries, benefits, and creating a new Memorandum of Understanding.

BACKGROUND/ANALYSIS
On July 21, 2020, the City Council approved a one and a half year agreement with the Public Safety Management Association (PSMA) - Police Management Unit, making the current Memorandum of Understanding effective January 1, 2020 through June 30, 2022. On April 21, 2020, the City Council approved a three-year agreement with the Public Safety Management Association (PSMA) - Battalion Chief Unit, making the current Memorandum of Understanding effective July 1, 2019 through June 30, 2022.

The PSMA - Police Management Unit represents the Police Lieutenants and the Police Captain in the El Cerrito Police Department. The PSMA- Battalion Chief Unit represents the Fire Battalion Chiefs in the El Cerrito Fire Department. During negotiations, both PSMA units decided to merge their MOUs into one document. The following is a summary of the agreement with the Public Safety Management Association for both units:
• Duration: The agreement will be effective July 1, 2022 through June 30, 2024. • Salary:
o Effective the first full pay period in November 2022, all Fire Battalion Chiefs, Police Captains, and Police Lieutenants shall receive a 3.0% salary increase.
o Effective the first full pay period in July 2023, all Fire Battalion Chiefs, Police Captains, and Police Lieutenants shall receive a 4.75% salary increase.
• Compaction Salary Adjustments:
o Effective the first full pay period in January 2023, all Fire Battalion Chiefs shall receive a compaction salary adjustment of 4.9%.
o Effective the first full pay period in January 2023, all Police Captains and Police Lieutenants shall receive a compaction salary adjustment of 2.0%. o Effective the first full pay period in July 2023, all Fire Battalion Chiefs shall Agenda Packet Page 23 of 74
Agenda Item No. 9.A.
receive a compaction salary adjustment of 4.9%.
o Effective the first full pay period in July 2023, the Police Captain shall receive a compaction salary adjustment of 1.35%.
• PERS Retirement Contribution:
o Effective the first full pay period in July 2023, all “Classic Members” who are in the Fire Battalion Chiefs, Police Captains, and Police Lieutenants classifications shall contribute an additional 1.0% to the Public Employees Retirement Systems for a total of 13.0%. Employees hired after December 31, 2012, who are not “Classic Employees” as defined by PERS and are receiving retirement benefits as per the Public Employees’ Pension Reform Act (PEPRA), shall pay 50% of the normal costs of their retirement as determined by PERS.
• Post-Employment Health Plan (Retiree Medical):
o Effective the first full pay period in July 2023, the MOU implements a Citypaid contribution of $300 per month to an RHS account for the Police Captain and Police Lieutenant employees.
o Effective the first full pay period January 2024, the City shall contribute $475 per month into each employee’s Post Employment Health Plan account within the PSMA Battalion Chief and Police Units. • New Hire Vacation Accrual: Employees hired into this bargaining unit, who were not City employees, shall be allowed to use up to 20 years of public sector service to determine their vacation accrual. The City Manager has the ability to provide additional service years at their sole discretion. • Tuition Refund Plan: Currently, only Police Management employees receive a master's degree reimbursement up to the maximum of $3,500/year. Language was added to include the Battalion Chief classification to the MA degree reimbursement plan and mirror the Police Management maximum. • Education Incentive Program: The MOU adds language for Battalion Chief employees to receive an education incentive (AA/AS- 3%, BA/BS- 5%, MA/MS6%). For Police Management employees, the Education Incentive is increased by

0.5% (BA/BS 4.5% to 5.0% and MA/MS 5.5% to 6.0%).
• Uniform Allowance: Modifying the uniform allowance from an annual pay to a biweekly payroll amount for both units. Additionally, if the ECPEA receives an increase in their uniform allowance during the term of this MOU, then the ECPEA uniform allowance increase shall be applied to the BC and the Police Management uniform allowances.
• Additional miscellaneous changes were agreed upon such as: 1) Clarifying the language for an auto allowance in the event that the City cannot supply an automobile to incumbents, 2) Updating the language from Kaiser to the "lowest Agenda Packet Page 24 of 74
Agenda Item No. 9.A.
cost" plan in the medical plan provider section, 3) Updating and clarifying the language in the Benefit Relationship to Rank and File language section, and lastly 4) Updating the Columbus Day Holiday to Indigenous People's Day for Battalion Chief employees and adding the Juneteenth Holiday to the list of holidays for both units, which was previously approved by City Council.

STRATEGIC PLAN CONSIDERATIONS
Adopting the Resolution for the PSMA - Battalion Chief and Police Management Units fulfills Goal A, Deliver Exemplary Government Services, including the strategies of “Recruiting and retaining a talented and effective workforce” and “Maintain emphasis on providing excellent customer service”; and, Goal B, "Achieve long-term financial sustainability."

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

FINANCIAL CONSIDERATIONS
Below is a summary of the total cost impacts for the following areas upon implementation of these proposed changes:
• The total cost for the proposed base salary increases over two years is approximately $136,895 (based on current salaries).
• The total cost for the proposed one-time compaction salary adjustments is approximately $111,802 (based on current salaries).
• The total cost savings for the additional ongoing 1.0% PERS Retirement Contribution is approximately $13,976.
• The Post-Employment Health Plan (Retiree Medical) will cost approximately $25,500 to implement over two years.
• The cost for implementing the educational incentive program for the Battalion Chiefs is $16,000 annually.
• There is no cost to modify the uniform allowance payment schedule, new hire vacation accrual, implement the Education Incentive Program for Battalion Chiefs, clarify the auto allowance language, update the medical plan language to “lowest cost” plan, or update Columbus Day Holiday to Indigenous People‘s Day.

The cost of adding the Juneteenth Holiday was already realized in the FY 2022- 2023 budget.

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Agenda Item No. 9.A.

LEGAL CONSIDERATIONS
The City Attorney has reviewed the resolution and MOU and found that legal considerations have been addressed.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution
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RESOLUTION 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING AN

AMENDMENT TO THE EXISTING MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY AND THE PUBLIC SAFETY MANAGEMENT ASSOCIATION, (PSMA) TO MODIFY LANGUAGE ON SALARIES AND BENEFITS FROM JULY 1, 2022 THROUGH JUNE 30, 2024.

WHEREAS, the Meyers-Milias-Brown Act allows employee units within the City to represent themselves on matters concerning salaries, hours and working conditions; and
WHEREAS, the Employer-Employee Relations Ordinance of the City of El Cerrito provides the methods and procedures for meeting and conferring in good faith; and WHEREAS, the Public Safety Management Association is recognized as the majority bargaining unit for the Police Chief, Police Captain, Police Lieutenants, Fire Chief and Fire Battalion Chiefs; and
WHEREAS, representatives of the City of El Cerrito and the Public Safety Management Association (Police Management and Battalion Chief Units) have met and conferred in good faith; and
WHEREAS, Resolution 2020-31 approved the current Memorandum of Understanding with Public Safety Management Association- Battalion Chief Unit and Resolution 2020-43 approved the current Memorandum of Understanding with Public Safety Management Association- Police Management Unit; and WHEREAS, the City of El Cerrito and Public Safety Management Association (Police Management and Battalion Chief Units) representatives have agreed to modify the salaries and benefits through June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve the Memorandum of Understanding, attached hereto as Exhibit A, between the City of El Cerrito and Public Safety Management Association (Police Management and Battalion Chief Units) effective through June 30, 2024. The current Memorandum of Understanding with Public Safety Management Association- Battalion Chief Unit and the current Memorandum of Understanding with Public Safety Management AssociationPolice Management Unit and amended and consolidated into a single Memorandum of Understanding for both units.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on May 16, 2023 the City Council of the City of El Cerrito passed this Resolution by the following vote:

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AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on .
________________________
Holly M. Charléty, City Clerk
APPROVED:
________________________
Lisa Motoyama, Mayor
Agenda Packet Page 28 of 74
Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND

THE EL CERRITO PUBLIC SAFETY MANAGEMENT ASSOCIATION

BATTALION CHIEF/POLICE MANAGEMENT
JULY 1, 202217 THROUGH JUNE 30, 202419
Agenda Packet Page 29 of 74

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND
PUBLIC SAFETY MANAGEMENT ASSOCIATION – BATTALION CHIEF/POLICE

MANAGEMENT UNITS
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as “City,” and the El Cerrito Public Safety Management Association – Battalion Chief/Police Management, which hereinafter shall be referred to as “Battalion Chief/Police Management.” The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees represented by the Association – BC and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits and other working conditions for the period July 1, 202217 through June 30, 202419, and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected members of the Public Safety Management Association – Battalion Chief/Police Management.

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EL CERRITO
AND
PUBLIC SAFETY MANAGEMENT ASSOCIATION – BATTALION CHIEF/POLICE

MANAGEMENT
This Agreement is entered into by and between the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Battalion Chief/Police Management, hereinafter referred as the “Battalion Chief/Police Management.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employees – Battalion Chiefs/Police Management as follows:

CHAPTER 1

MANAGEMENT EMPLOYEES
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1.1 Management employees are, for purposes of this section, those actively involved in the following classification: Battalion Chief, Police Captain and Police Lieutenant.

CHAPTER 2

SALARIES AND BENEFITS

2.1 Salary
• Effective the first full pay period in November 2022 January 2023, all Fire Battalion Chiefs, Police Captains and Police Lieutenants shall receive a 3.0% salary increase.
• Effective the first full pay period in July 2023, all Fire Battalion Chiefs, Police Captains and Police Lieutenants shall receive a 4.75% salary increase. • Compaction Salary Adjustments
o Effective the first full pay period in January 2023, all Fire Battalion Chiefs shall receive a compaction salary adjustment of 4.9%.
o Effective the first full pay period in January 2023, all Police Captains and Police Lieutenants shall receive a compaction salary adjustment of 2.0%. o Effective the first full pay period in July 2023, all Fire Battalion Chiefs shall receive a compaction salary adjustment of 4.9%.
o Effective the first full pay period in July 2023, the Police Captain shall receive a compaction salary adjustment of 1.35%.

A. The following control points shall apply and serve as the midpoint of the approved monthly salary range. The Control Points effective December 31, 2022, shall be increased by the salary increases in Section 2.1 Salary and Compaction Salary Adjustments:

Fire Battalion Chief $14,915
Fire Battalion Chief (Training Officer) $16,406
Police Lieutenant $15,942
Police Captain $17,313
B. A salary range of 25% above and below the control point shall be created, within which a Department Head or the City Manager may approve salary adjustments of up to 5% or 10% per calendar year, respectively.

C. In order to preserve appropriate internal salary relationships and minimum salary compaction, the City Manager may from time to time adjust the salary range in order to reach a minimum of 15% base rate of pay separation between the control point for Fire Battalion Chief and top step Fire Captain/Paramedic.

Further, the Fire Battalion Chief assigned to training receives an additional 10% added to salary for the assignment.

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D. In order to preserve appropriate internal salary relationships and minimum salary compaction, the City Manager may from time to time adjust the salary range in order to reach a minimum of 15% base rate of pay separation between the control point for the Police Lieutenants and the top step Detective Sergeant.

2.2 Uniform Allowance
• BC
o The uniform allowance for Fire Battalion Chiefs is $1,000725 per fiscal year.

Uniform allowance shall be paid on the first payroll date in December, covering the fiscal year beginning the prior July. Such payment shall be by check, separate from the normal payroll check.
o Effective the first payroll date in July 2023, the Battalion Chiefs uniform allowance shall be paid each pay period in the amount of $____38.46. • Police Management
o The uniform allowance for Police Management Unit is $1,000 per year.

Uniform allowance shall be paid on the first payroll date in December, covering the calendar year beginning the prior January. Such payment shall be by check separate from the normal payroll check. Any employee, who leaves City employment during the calendar year, shall be paid by the City for pro-rated uniform allowance only for months worked in that calendar year.
o Effective the first payroll in January 2024, the Police Management uniform allowance shall be paid each pay period in the amount of $38.46____.

If the ECPEA receives an increase in their uniform allowance during the term of this MOU, then the ECPEA uniform allowance increase shall be applied to the BC and the Police Management uniform allowances.

2.3 Auto Allowance
The City will supply an automobile to all incumbents in the Battalion Chief, Police Captain and Police Lieutenant classifications. If the City is unable to supply an automobile to employees in the Battalion Chief, Police Captain and Police Lieutenant classifications, the City will meet and confer with the PSMA regarding potential solutions including providing a cash allowance of up to $325 per month.

2.4 Pension Plan Benefits
• PERS Pickup
o Effective the first full pay period in July 2023 all “Classic Members” who are in the Fire Battalion Chiefs, Police Captains and Police Lieutenants classifications, shall contribute and additional 1.0% to the Public Employees Retirement Systems for a total of 13.0%.
o Employees hired after December 31, 2012, who are not “Classic Employees” as defined for PERS and are receiving retirement benefits as per the Public Employees’ Pension Reform Act (PEPRA), shall pay 50% of the normal costs of their retirements as determined by PERS.

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• Classic Employees Retirement Plan
o Effective June 30, 2001 the City’s contract with PERS was amended to provide to employees the 3% at Age 50 Public Employees’ Retirement System plan. The City’s 3% at age 50 retirement plan has the PERS single highest year option, and service credit for unused sick leave

2.5 Flexible Benefit Plan
The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as "Citiflex." For the duration of this agreement, the plan provides the following:

A. With the exception of the employee who chooses the "no medical plan" option, the City will contribute an amount equivalent to the lowest costKaiser medical plan rate according to dependent status regardless of which medical plan is chosen. "According to dependent status" means that if an employee is single the employee shall receive the equivalent to the lowest cost Kaiser single premium in employee's flexible spending account. If the employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest costKaiser two-party premium in employee's flexible spending account. If the employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the lowest costKaiser family premium in employee's flexible spending account.

If the City proposes to change medical plan providers, the City will meet and confer with representatives of the PSMA regarding the proposed changes to the medical plan provider.

B. The employee may select one of the following medical plans within their individual Flexible Benefits Plan:
 HMO Kaiser (S)
 Alternative HMO
PPO
C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction.

D. In the event that an employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan, the employee may select elect to receive “cash in-lieu” of medical coverage after they provide proof of such medical coverage to the Human Resources Department. a “no medical plan” option. (Proof of alternate coverage is required.) In this event, the City shall contribute the Seven Hundred and Ninety-three dollars and Eighteen Cents ($793.18) per month, equivalent to the lowest medical plan (Kaiser) single premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or the employee may reallocate it toward the purchase of Agenda Packet Page 33 of 74
other benefits in the Plan, or a combination of both. The “cash in-lieu benefit amount shall be $350 per month for: a) Employees hired after December 31, 2020; or b) existing employees who discontinue the City’s medical coverage and opt for “cash in lieu” of medical coverage at a later date as long as they meet the requirements as described above.

In the event that the employee has alternate comprehensive group medical coverage through a spouse's medical plan or some other group medical plan, the employee may select a "no medical plan" option. (Proof of alternate coverage is required.) In this event, the City shall contribute the equivalent to the single Kaiser medical premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both.

E. The employee may contribute salary up to the IRS limits on a pretax basis in order to purchase the following benefits:
• Medical Premiums, Co-Payments, and Deductibles
• Dental Premiums, Co-Payments, and Deductibles
• Un-reimbursed Medical & Dental Expenses
• Dependent Care
Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito's Flexible Benefits Plan.

F. The health benefit programs recognize the participation of domestic partners of the eligible employee. Please refer to the City's Citiflex document for details.

G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active and retired employees. The City or Association agrees to reopen negotiations for the sole purpose of implementing alternative medical coverage.

2.6 Dental Plan
The City will pay the full cost of employee plus dependent coverage effective July 1, 2002.

2.7 Retirement Health Plan
Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plan benefits at their discretion and with no cost to the City.

2.8 POST Employment Health Plan (Retiree Medical)
• Effective July 2008 the City shall contribute $300.00 per month into each Battalion Chief’s Post Employment Health Plan account.
• Effective the first full pay period July 2023, the City shall contribute $300 per month into each Police Captain and Police Lieutenant Post Employment Health Plan account.

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• Effective the first full pay period January 2024, the City shall contribute $475 per month into each employee’s Post Employment Health Plan account.

2.98 Life Insurance
The City will provide a term life insurance policy for management employees. The principal sum shall be equal to the annual salary rounded to the nearest $1,000 (up to a maximum of $100,000).

2.109 LTD Insurance
The City shall provide employees with long-term disability insurance with coverage of two-thirds salary and a sixty-day elimination period. Like regular wages, this benefit is taxable.

2.110 Benefit Status
• The salary and benefits contained within this Memorandum of Understanding are granted only to employees who are in a current pay status. The City shall incur no cost, nor shall benefits accrue for retirees, survivors, or employees in a non-pay status, unless the employee is granted medical leave of absence or military leave of absence.
• In the event an employee is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the affected employee to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board.

CHAPTER 3
SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE,

AND OTHER LEAVES

3.1 Accrual of Sick Leave
• BC
o For each completed month of service, employees in shift positions shall accrue sick leave credit of twenty-four hours per month. Sick leave for employees with twenty or more years of service shall accrue sick leave credit of thirty-six hours per month. Sick leave accrual while an employee is assigned to a (40) hour workweek is at the rate of 11 hours and 25 minutes per calendar month worked, provided the employee has worked or been authorized leave with pay for at least ten working days in the month. • Police Management
o Employees shall accrue sick leave at the rate of 11 hours and 25 minutes per calendar month worked, provided the employee has worked or been authorized leave with pay for at least ten working days in the month.

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3.2 Maximum Sick Leave Accrual
The maximum accumulation of sick leave is unlimited.

3.3 Activity During Sick Leave
No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee's ability to return to work to perform regular duties.

3.4 Sick Leave Retirement Benefit
Upon retirement from City service, an employee shall be entitled to compensation for one-fourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay for the 40 hour per week employees and 10 shifts for the 56 hour per week employees, at the employee’s option. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS.

The date of disability retirement for employees may be established or determined to be effective prior to the expiration of sick leave benefits.

In reporting the number of days of accumulated sick leave to PERS, the City shall obtain clarification from and comply with PERS regulations.

3.5 On-The-Job Injury
Regular full-time sworn employees are eligible for benefits (salary continuance) for time off work due to on-the-job injuries as specified in Labor Code Section 4850.

3.6 Sick Leave as Life Insurance
• BC
o The value of the employee’s accrued sick leave shall be paid (based upon the current hourly rate) to the surviving spouse or designated beneficiary, upon the death of a represented employee.
• Police Management
o Upon the death of a represented employee, the value of the employee's accrued sick leave, calculated at the employee's hourly rate, shall be paid to the employee's estate or designated beneficiary. Payment under this section is limited to 2,080 hours.

3.7 Family Sick Leave
Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed Agenda Packet Page 36 of 74
each calendar year that is subject to this provision is one half (1/2) of the employee’s annual accrual of sick leave. Additional family sick leave may be taken subject to departmental regulations and approval of the Department HeadFire Chief and City Manager.

3.8 Bereavement Leave
Employees are entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed two shifts for 56 hour work week employees or(or five (5) consecutive days for 40-hour employees) when death is anticipated.

Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five days following death.

Bereavement leave is not chargeable to sick leave. Additional time may be granted and charged as sick leave when, in the opinion of the department head, unusual circumstances identify the need for additional time off.

Immediate family is defined as spouse, domestic partner, child, parent, parent-in-law, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In cases where death has occurred involving someone other than the immediate family, the department head shall make the decision as to qualification for bereavement leave.

3.9 Administrative Leave
Management employees shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave hours by individual employee based on the amount of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed eight (80) hours. Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation.

3.10 Family and Medical Leave
Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA.

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CHAPTER 4

VACATION

4.1 Eligibility
Employees shall be eligible to take a paid vacation upon accrual of vacation.at the end of the first year of continuous service, and annually thereafter, unless otherwise provided by the City Manager.

4.2 Scheduling
The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the department head in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee.

4.3 Vacation at Termination
The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the department head in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee.

4.4 Effects of Extended Military Leave
A management employee who interrupts his/her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

4.5 Sick Leave During Vacation
Vacation leave may be converted to sick leave subject to the review and approval of the department head and the City Manager if an employee is injured or sick during the vacation for a period in excess of 24 hours.

4.6 Vacation Cap
• Effective January 1, 2015, the vacation cap shall be two (2) times the employee’s annual vacation accrual rate. Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation hours until such time as the balance falls below the cap. After January 1, 2015, no employee will be allowed to accrue vacation hours above the cap, unless an employee has a work-related injury and is on 4850.
• BC Only
o Effective January 1, 2015, any employee who has vacation hours in excess of two (2) times the annual accrual rate, the excess hours will be placed in a separate vacation bank.
o Separate Vacation Bank
 Effective January 1, 2015, any accrued vacation in excess of two (2) times the annual vacation accrual rate will be placed in a separate Vacation Bank for each affected employee. This will be a single, one time process. Employees shall be entitled to use or sell the hours in the Bank for vacation in the same manner as regular vacation hours.

The hours shall be paid out at the employee’s current rate of pay.

Agenda Packet Page 38 of 74

4.7 Vacation Cash Out
Effective August 1, 2014, employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16 vacation days (or administrative leave for management employees) in the previous fiscal year and maintain a vacation balance of 40 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two (2) times annually and each cash-out request must be a minimum of 8 days (64 hours). Employees must reduce their separate vacation bank first when cashing out vacation. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager.

If an employee wants to request an irrevocable vacation cash-out, they must provide written notice to the Human Resources Manager, or designee, no later than December 15th of the calendar year before the calendar year in which the employee wishes to cash-out vacation leave. The amount requested cannot exceed the amount stated above. An employee can cash-out during the months of May and December.

The notice shall indicate how many vacation leave hours the employee wishes to cash-out the following year.

4.8 Accrual
Unless otherwise provided by the City Manager, vacation leave will be accrued from the first day of employment when a management employee is in a pay status and will be credited on a monthly basis. Municipal holidays shall not be counted during vacation.

Vacation Benefit
Shift Battalion Chief
Service Yrs Annual Shifts/Hours
Accrue during 1 through 5 yrs 6 shifts/144 hours
6 through 15 yrs 9 shifts/216 hours
16 through 25 yrs 12 shifts/288 hours
26 through 30 yrs 13 shifts/312 hours
The vacation schedule for the training Fire Battalion Chief is on the next page.

Agenda Packet Page 39 of 74
Vacation Benefit
Police Captain, Police Lt., and Training Battalion Chief Hrs. Earned/Year
Service (40-hour week)
Accrue during 1st year 88
2 96
3 96
4 104
5 112
6 120
7 120
8 128
9 128
10 136
11 136
12 144
13 144
14 152
15 152
16 160
17 160
18 168
19 168
20 176
21 184
22 192
23 200
24 208
25 216
26 224
27 232
28 240
29 248
30 256
31 264
32 272
33 280
34 288

4.9 New Hire Vacation Accrual
Employees hired into this bargaining unit, who were not City employees, shall be allowed to use up to 20 years of public sector service to determine their vacation accrual. The City Manager has the ability to provide additional service years at their sole discretion.

Agenda Packet Page 40 of 74
CHAPTER 5

WORK SCHEDULE/OVERTIME

5.1 Workweek
• BC
o The workweek for Fire management employees is as required by the City.

The work schedule for Fire Battalion Chiefs assigned to emergency response operations shall consist of twenty-four hour duty shifts, not to exceed two hundred sixteen hours in a twenty-seven-day period.

Fire Battalion Chiefs who are not assigned to emergency response operations shall work a standard 40 hours per workweek. • Police Management
o The workweek for management employees is as required by the City.

The normal workday is from 8: 00 a.m. to 5:00 p.m.

5.2 Overtime Calculation for Battalion Chiefs only
The 24-hour shift rate is calculated by multiplying the base salary by twelve months and dividing by the yearly 56-hour rate of 2,912 hours (56 hours by 52 weeks). Overtime under the 24-hour shift rate shall be paid for all overtime assignments on emergency response operations greater than eight consecutive hours and for all non-on-call overtime.

CHAPTER 6

EDUCATION BENEFITS

6.1 Tuition Refund Plan
Management employees are eligible for educational cost reimbursement up to a maximum of $1,000 per year for work-related studies at a recognized college, university or professional school. Management employees are eligible for education reimbursement up to a maximum of $3,500 per year while pursuing a master’s degree. These reimbursements limits are not compounding. Course content should relate to one of the following:
• Knowledge or skills needed by an employee in his/her present job; • Preparation for promotional opportunities or advancement in the same or different field within the City organization.
• The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills.

Agenda Packet Page 41 of 74
Procedures for obtaining reimbursement and limitations regarding reimbursement may be found in the City of El Cerrito administrative procedure on educational expense reimbursement.

Police Management Only
The City will reimburse Police Management employees up to a limit of $3,500 per year while pursuing a master's degree. These reimbursement limits are not compounding.

6.2 Education Incentive Program
Effective January 2022, Police Captains and Lieutenants employees who are eligible or become eligible for the education incentive program shall receive one of the following:
• An employee who has a BA/BS degree from an accredited college or university shall receive a differential of five four and one half percent (5.0%4.5%) of base salary.
• An employee who has a MA/MS degree from an accredited college or university shall receive a differential of six five and one half percent (6.0%5.5%) of base salary.

The incentives are not compounding. An employee can only receive one of the incentives listed above.

Effective first full pay period after adoption, all employees in the bargaining unit who are eligible or become eligible for the education incentive program shall receive one of the following:
• A Battalion Chief who has an AA/AS degree from an accredited college or university shall receive a differential of three percent (3.0%) of base pay. • A Battalion Chief who has completed 60 semester units from an accredited college or university and completes 6 semester units every 24 months shall receive a differential of three percent (3.0%) of base pay.
• An employee who has a BA/BS degree from an accredited college or university shall receive a differential of five percent (5.0%) of base salary. • An employee who has a MA/MS degree from an accredited college or university shall receive a differential of six percent (6.0%) of base salary.

The incentives are not compounding. An employee can only receive one of the incentives listed above.

CHAPTER 7

MISCELLANEOUS POLICIES

7.1 Continuing Education
It is the policy of the City that management employees take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose.

Agenda Packet Page 42 of 74

7.2 Membership
It is the policy of the City to provide paid membership in approved professional associations for management employees. This policy shall include publications associated with membership and other educational materials as may be approved.

7.3 Conferences
It is the policy of the City that each management employee attend (as a member) a professional conference of his or her peers each year at City expense; however, travel outside the state of California may be discouraged due to budgetary restraints.

7.4 Benefit Relationship to Rank and File
• If new or deleted material benefits and/or cost sharing mechanisms are agreed to with the Firefighters’ Association, they would apply to the Fire Battalion Chief. If a new benefit, that previously did not exist in the Police Employees Association MOU, the City will provide the new benefit to the Police Lieutenant and Police Captain classifications.
• If a new benefit, that previously did not exist in the Firefighters Association (Local 1230) MOU, the City will provide the new benefit to the Battalion Chief classification.

BATTALION CHIEFS BENEFITS ONLY

8.1 Holidays
The number of designated holidays for Fire Suppression personnel shall be fourteenthirteen (143). The following holidays are designated “holidays” and shall be the basis for benefits associated with this section:

New Year's Day Columbus DayIndigenous People’s Day
Martin Luther King Jr. Day Veteran’s Day
Lincoln’s Birthday Thanksgiving Day
Washington’s Birthday Day after Thanksgiving
Memorial Day Christmas Day
Juneteenth Employee’s Birthday
July 4th
Labor Day
For the Fire Battalion Chief assigned to training, the recognized municipal holidays are as follows:

New Year’s Day Labor Day
Dr. M. L. King Jr. Birthday Veteran’s Day
(3rd Monday in January) Thanksgiving
Agenda Packet Page 43 of 74
Presidents’ Day Day after Thanksgiving
(3rd Monday in February) ½ Day Christmas Eve
Memorial Day Christmas Day
Juneteenth (June 19) ½ Day New Year’s Eve
Independence Day (July 4)

In the event that any of the recognized holidays for the Fire Battalion Chief who is assigned to training falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. (Department heads may make changes in the above schedule in accordance with the needs of their departments.) The afternoons of Christmas Eve and New Year’s Eve, commencing at 12 noon, shall be considered holidays for pay purposes. In the event Christmas Eve and New Year’s Eve fall on a Sunday or a Monday, the preceding Friday afternoons shall be considered holidays for pay purposes. Some adjustments may be made if necessitated by an alternative work schedule.

In addition to the recognized municipal holidays, the Fire Battalion Chief assigned to training shall receive annually three floating holidays, subject to the same requirements for scheduling vacation. For a Battalion Chief newly assigned to training, the floating holidays are pro-rated quarterly based on date-of-assignment. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated.

Employees are allowed an additional holiday on their birthday or another day at the convenience of the City.

8.2 Eligibility
An employee on leave of absence without pay shall not receive any compensation for holidays occurring during such leave.

An employee returning to a pay status from a non-pay status shall be eligible for holiday compensation only if the employee was in a pay status on the workday preceding the holiday.

8.3 Compensation for Municipal Holidays
Fire Battalion Chiefs, who are shift personnel, shall receive compensation equal to onehalf of shift salary (i.e., twelve hours at 24-hour rate) for paid holidays.

8.4 California Fire Service and Rescue Emergency Mutual Aid Consistent with the El Cerrito City Council Resolution 2015-28 for portal to portal overtime reimbursement for all personnel assigned to emergency incidents through the California Fire Assistance Agreement, Battalion Chiefs will be compensated portal to portal while in the course of their employment and away from their official duties and assigned to an emergency, in support of emergency incidents or prepositioned for emergency incidents.

Agenda Packet Page 44 of 74
The City will compensate the Battalion Chiefs for any time worked outside of their regular 56-hour or 40-hour workweek. This compensation will be at the overtime rate of time and one-half (1-1/2).

POLICE MANAGEMENT BENEFITS ONLY

9.1 Longevity Bonus
Each December 1, the City shall make longevity bonus payments to those employed with the City as of the day of the payment as follows:

A. For employees with 5 years of service with the City but less than 10 years, the annual longevity bonus payment shall be three percent (3%) of their annual base rate of pay.

B. For employees with 10 years of service with the City but less than 20 years, the annual longevity bonus payment shall be six percent (6%) of their annual base rate of pay.

C. For employees with 20 or more years of service with the City, the annual longevity bonus payment shall be nine percent (9%) of their annual base rate of pay.

Longevity bonus payments shall be paid by separate check on the first payroll date in December.

9.2 Holidays
The following holidays are recognized as municipal holidays for pay purposes:

New Year's Day
Dr. M.L. King Jr. Birthday (3rd Monday in January)
President's Day (3rd Monday inFebruary)
Memorial Day
Juneteenth (June 19)
Independence Day (July 4)
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Christmas Eve Day Christmas Day
½ Day New Year's Eve
In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. (Department managers may make changes in the above schedule in accordance with the needs of their departments.) The afternoon of New Year's Eve, commencing at 12 noon, shall be considered a holiday for pay purposes. In Agenda Packet Page 45 of 74
the event New Year's Eve fall on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes.

9.3 Birthday Floating Holidays
In addition to the recognized municipal holidays, employees shall receive annually three floating holidays, subject to the same requirements for scheduling vacation under Section 4.2 of this agreement. For new employees, the floating holidays are prorated quarterly based on date-of-hire and will also be prorated upon separation from the City. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated.

Employees are allowed an additional holiday on their birthday or another day at the convenience of the City.

9.4 Compensation for Municipal Holidays
An employee on leave-of-absence without pay shall not receive any compensation for holidays occurring during such leave.

Regular employees must be in a pay status on the workday preceding a holiday to be eligible to be compensated for the holiday.

Agenda Packet Page 46 of 74
Staff Liaison
Sandra Dalida| 510-215-4312
[email protected]
FISCAL YEAR 2022-24 WORK PLAN
AND 2022 ACCOMPLISHMENTS
Financial Advisory Board
Chair Farhad Farahmand; Vice-Chair William Ktsanes Members Ruth Cazden, Dick Patterson, Kimberly White
MISSION STATEMENT: Budgeting and long-term financial planning review and recommendations. ECMC 2.04.300 HISTORICAL BACKGROUND: Established in 2000 with ordinance amendments in 2007, 2010, 2012.

FISCAL YEAR 2022-24 WORK PLAN
Goal/Objective Proposed Activities Priority Ranking Timeline For Completion

1. Increase communication between City
Council and FAB via a joint Finance
Subcommittee
Finance Subcommittee formation and
regular meeting including Council and FAB
members
Highest Summer 2023

2. Develop process for the City Council
and staff to refer projects to FAB.

Standing agenda topic in FAB/Council
Finance Subcommittee. FAB Subcommittee
has been formed (Cazden, Ktsanes)
Highest Fall 2023

3. Develop process to better achieve the
seven goals specified in ECMC

2.04.300
Standing agenda topic in FAB/Council
Finance Subcommittee
High Winter 2023

4. Develop recommendations for
increased transparency during budget
development by increased information
sharing and earlier public
engagement/input
Working with the Council and staff to instill
participatory budgeting principles, town halls
High Ongoing/recurring

5. Develop recommendations for
prioritizing the allocation of surplus
among General Fund Reserves,
EDRF, and Section 115 Trust.

FAB Subcommittee has been formed
(Farahmand, Patterson) developing
Comprehensive Financial Policy amendment
High Summer 2023

6. Evaluate the state auditor’s report and
develop recommendations for the
Council to address the most serious
deficiencies cited in the report.

FAB Subcommittee has been formed
(Patterson, White) developing actionable
procedures to compliment City efforts in
meeting state auditor recommendations
High Summer/Fall 2023
Agenda Item No. 9.B.

Agenda Packet Page 47 of 74
Financial Advisory Board
FY (2022-2024) Work Plan Page 2 of 2

7. Review pros and cons of
recommending that the City Council
increase FAB size to 7 members.

To Be Determined Medium Winter 2023

PRIOR YEAR ACCOMPLISHMENTS
Goal/Objective Activites Supporting Goal Status

1. Socially responsibly investing Investment policy amendment adoption Complete

2. Financial transparency, compliance
with state auditor recommendations
Comprehensive financial policy amendment
requiring quarterly statements to council
Complete

3. Financial planning to reduce unfunded
pension liabilities
Participated in joint study session with
Council and subcommittee
Ongoing

ONGOING PROJECTS
Project Activites

1. Budget review and recommendation FAB Meetings

2. Review and discuss ACFR and audits FAB Meetings

3. Review and discuss 5-10 year financial forecasts FAB Meetings

4. Review and discss investiment reports, disbursement and check register report, TRAN
FAB Meetings

5. Review and discuss the Comprehensive Financial Policy. In 2023 we will consider additions regarding fiduciary activities; donations; unclaimed money; and Money Market Secure Account
FAB Meetings.
6 Discuss Councilmember compensation FAB Meetings, FAB subcommittee (Patterson, White) formed that is reviewing compensation at similar
jurisdictions and forming a recommendation
Agenda Packet Page 48 of 74

AGENDA BILL
Agenda Item No. 9.C.

Date: May 16, 2023
To: El Cerrito City Council
From: Will Provost, Assistant to the City Manager, City Management Subject: FY 2022-23 3rd Quarter General Fund Update

ACTION PROPOSED
Receive and file the FY 2022-23 General Fund Budget Quarterly update through March 2023.

BACKGROUND/ANALYSIS
The El Cerrito City Council adopted an annual Budget for FY 2022-23 on June 21, 2022 and adopted amendments to the Budget for FY 2022-23 as part of a Fiscal Year (FY) 2022-23 Midyear Budget Update on March 7, 2023. The Council has closely monitored the City's budget and financial position and directed City staff to submit quarterly General Fund financial update reports.

The attached FY 2022-23 Third Quarter General Fund Update Report reflects the actual revenues and expenditures through March 31, 2023 at the Citywide and Department levels, and includes comparative information for the prior fiscal year at the same pointin-time.

Revenue
The FY 2022-23 General Fund amended revenues are budgeted at $46.9 million. FY 2022-23 revenues are trending on budget, with tax receipts and charges for services largely aligning with projections.

Expenditures
General Fund expenditures are budgeted at $46.9 million for FY 2022-23 as amended.

Departments are on track through March 31, 2023, utilizing 66% of budgeted expenditures. Personnel is the largest component of General Fund expenditures (72%), and it is expected that due to the level of current vacancies, some departments will incur greater costs for professional services and/or overtime budgets, which will offset potential salary savings. Staff will continue to monitor these expenses. Overall, expenditures are on track for Fiscal Year 2022-23.

Conclusion
The City of El Cerrito is well positioned to meet its FY 2022-23 budget and staff are committed to fiscal responsibility, maximizing revenue opportunities, and maintaining expenditures within approved budgets.

Agenda Packet Page 49 of 74
Agenda Item No. 9.C.

STRATEGIC PLAN CONSIDERATIONS
The report is consistent with the City's Strategic Plan Goal B to achieve long-term financial stability and provides essential information to develop plans to ensure the Citywide revenue meets the cost of providing Citywide services, including adequate reserves in the face of significant unanticipated revenue shortfalls. In addition, providing financial information represents best practices in fiscal management.

ENVIRONMENTAL CONSIDERATIONS
This section is not applicable to this agenda item.

FINANCIAL CONSIDERATIONS
The Quarterly General Fund Update Report provides an overview of the City's budget revenue and expenditure status through March 31, 2023. FY 2022-23 General Fund revenues are budgeted at $46.9 million, and expenditures are budgeted at $46.9 million, including the on-going and one-time expenditures approved on March 7, 2023.

Overall, year-to-date actual revenue ($27.9 million) and expenditures ($31.1 million), and projection trends through fiscal year-end, results in the City being well positioned to remain within budget.

LEGAL CONSIDERATIONS
This section is not applicable to this agenda item.

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Third Quarter General Fund Update
Agenda Packet Page 50 of 74
1 City of El Cerrito
Quarterly General Fund Budget Update
Fiscal Year (FY) 2023 through March 31, 2023

INTRODUCTION
The City of El Cerrito is pleased to submit the quarterly budget report through March 31, 2023.

The Update Report provides a high-level overview of the City's budget status. Funding from the American Rescue Plan Act is managed and tracked from a special revenue fund and, thus, is not reflected in this report.

SUMMARY
The City of El Cerrito is currently on track to meet its FY 2022-23 budget goals. FY 2022-23 revenues are trending on budget, slightly lower than year-to-date (YTD) revenues received by the same point in time last year. Similarly, expenditures are on track, with departments spending approximately 66% of their annual budget through the third quarter of FY 2022-23.

GENERAL FUND REVENUES
FY 2022-23 General Fund revenues are budgeted at $46.9 million as amended. The chart below reflects year-to-date actual revenue collections, percent of collections compared to the budget, and provides comparison to FY 2021-22 actual revenue collections at the 03/31/22 point-in-time.

Revenues
FY 21-22
Audited
2023
Amended
Budget
YTD Actual
03/31/23
% of
Amended
Budget
Prior Year
YTD
03/31/22
Property and Other Taxes $32,844,740 $28,894,817 $18,793,852 65% $17,631,980 Licenses & Permits $1,440,972 $893,864 $748,272 84% $1,074,456 Fines & Forfeitures $152,343 $140,000 $76,817 55% $124,335 Use of Money and Property $153,515 $434,456 $504,449 116% $323,562 Intergovernmental Revenues $4,844,428 $9,228,206 $5,081,307 55% $5,039,126 Charges for Services $7,405,175 $5,947,881 $4,532,502 76% $4,397,198 Other Revenue $183,566 $261,000 $502,454 193% $132,985
Interfund Transfers $1,104,450 $715,405
Total $47,024,739 $46,904,674 $27,921,379 60% $29,439,047 The following chart displays the General Fund revenues received by Department and shows how the majority of General Fund revenues are “Non-Departmental”, coming from general taxes and revenues that are not related to a specific Department within the organization. In addition, some Agenda Packet Page 51 of 74
Quarterly General Fund Budget Update
FY 2023 through March 31, 2023
2 departments, such as Community Development, have seen relatively higher than anticipated revenues by March 31, 2023 (96%), due in part to the number and size of permits being processed.

Revenues
FY 2022-23
Amended
Budget
YTD Actual
03/31/23
% of
Amended
Budget
Prior Year
YTD
03/31/22
Administration $137,900 $26,616 19% $38,577
Police $214,000 $170,825 80% $159,394
Fire $5,639,269 $3,460,424 61% $3,541,376
Public Works $407,400 $301,381 74% $458,751
Community Development $1,912,214 $1,829,475 96% $2,358,614 Recreation $4,960,688 $3,421,028 69% $2,768,015
Non-Departmental $33,633,203 $18,711,631 56% $20,114,321 Total $46,904,674 $27,921,379 60% $29,439,047

PROPERTY AND OTHER TAXES
Tax revenues as of March 31, 2023, are at 65% of the Amended FY 2022-23 budget. This is within budget estimates for the fiscal year. The City receives the second biannual payment of property taxes in April, which comprises the largest portion of City revenues. Property taxes and specifically real property transfer taxes had been trending favorably, though with a slow down in economic activity may not increase further.

LICENSES AND PERMITS
Licenses and permits are currently 84% of the budgeted revenues. These licenses include building permits, parking permits, and tobacco retailer license fees. Licenses and permits are on track to meet or exceed the budget.

FINES AND FORFEITURES
The City has collected 55% of the budgeted revenues in the fines and forfeitures category. These items include parking citations, penalties, and moving vehicle citations. Fines are lower than the previous fiscal year but are expected to stabilize or increase in future years with an increasing focus by the Police Department on traffic safety.

USE OF MONEY AND PROPERTY
Use of money and property is currently at 116% of the budgeted revenues for FY 2022-23. This primarily consists of short- and long-term rental fees from City properties and interest income.

Due to rising interest rates, interest income has already exceeded the FY 2023 estimate. Rentals are trending higher due to increasing facility rentals.

Agenda Packet Page 52 of 74
Quarterly General Fund Budget Update
FY 2023 through March 31, 2023
3 INTERGOVERNMENTAL REVENUES
Intergovernmental revenues are currently at 55% of the annual budget. These revenues include grants and intergovernmental transfers and reimbursements. This line item is trending behind the budget due to the timing of the receipt of the Kensington Fire District contract payments.

Revenue is trending similar to the previous fiscal year with similar amounts received by both March 31, 2022, and 2023, respectively.

CHARGES FOR SERVICES
Charges for services encompass program fees and charges for doing business with the City of El Cerrito. This includes community development fees for functions such as permitting and inspections, and recreation fees for City programming. The City has received 76% of the budgeted revenues in this category and is trending with the current year collections. Childcare services and recreation programs continue to be in high demand.

OTHER REVENUE/OTHER FINANCING SOURCES
Other revenue includes donations and other miscellaneous revenues. These types of revenues comprise a small portion of the City’s budgeted revenues and operating transfers in. Other Financing Sources refers to loans and indirect transfers.

GENERAL FUND EXPENDITURES
General Fund expenditures are budgeted at $46.9 million for FY 2022-23. Departments are on track through March 31, 2023, utilizing 66% of budgeted expenditures. Personnel is the largest Agenda Packet Page 53 of 74
Quarterly General Fund Budget Update
FY 2023 through March 31, 2023
4 component of General Fund expenditures (72%), and it is expected that due to the level of current vacancies some departments will have higher professional services and/or overtime expenses which will offset potential salary savings. Staff will continue to monitor these expenses.

The chart below shows the year-to-date actual expenditures by department, the percent expensed compared to the budget, and the previous fiscal year’s expenditures for comparison.

Expenditures
FY 2022-23
Amended
Budget
Year to Date
(YTD) Actual
03/31/23
% of
Amended
Budget
Prior Year
YTD
03/31/22
Administration $7,271,258 $5,009,944 69% $4,426,899
Police $12,987,536 $8,765,743 67% $8,480,248
Fire $14,168,533 $9,249,324 65% $8,841,642
Public Works $2,661,666 $1,537,831 58% $1,392,908
Community Development $3,181,129 $2,161,725 68% $2,085,956 Recreation $5,559,574 $3,598,784 65% $3,028,009
Non-Departmental $1,106,857 $739,316 67% $825,595
Total $46,936,553 $31,062,668 66% $29,081,256

ADMINISTRATION
The Administration’s budget is at 69% of the adopted FY 2022-23 budget. This is within budget estimates for the fiscal year. Human Resources costs are trending higher due increased legal services related costs for labor contract negotiations, and increased premium for workers compensation, general liability, and other coverage. The department is trending slightly above actual expenditures for the same point-in-time in FY 2021-22.

POLICE
The Police Department is at 67% of the expenditure budget and projects to remain within budget for the fiscal year. Overall, the Department’s expenditures are slightly higher than the same period in FY 2021-22.

FIRE
The Fire Department is at 65% of the expenditure budget, which is higher than the same pointin-time last fiscal year. Increased expenditures related to the new labor agreement, including a

4.5% COLA, retroactive to October 2022 required additional appropriation and was included in the FY 2022-23 Mid-Year Update.

PUBLIC WORKS
The Public Works Department is 58% expensed for the current budget and on pace for the fiscal year. The budget is trending higher than the previous fiscal year due to operating at near full capacity through March 2023.

Agenda Packet Page 54 of 74
Quarterly General Fund Budget Update
FY 2023 through March 31, 2023
5 COMMUNITY DEVELOPMENT
The Community Development Department is at 68% expensed for the current year with expenditures trending slightly higher than the same point-in-time in FY 2021-22.

RECREATION
The Recreation Department is 65% expensed for the current budget and on pace to meet its budget. The budget is trending higher than the previous fiscal year due to operating at a more “normal pre-pandemic” program schedule.

Expenditures by Category
The chart below shows the year-to-date actual expenditures by category, the percent expensed compared to the budget, and the previous fiscal year’s expenditures for comparison. As shown, expenses are at 66% across all categories, with variation in the amounts expensed by March 31, 2023, ranging from 47% of the amended budget for Financing costs to 100% for other Financing Uses. As noted previously, the largest cost category for the City is personnel.

Agenda Packet Page 55 of 74
Quarterly General Fund Budget Update
FY 2023 through March 31, 2023
6 Expenditures
2023 Adopted
Budget
2023
Amended
Budget
YTD Actual
03/31/23
% of
Amended
Budget
Prior Year
YTD
03/31/22
Personnel $32,777,811 $33,923,404 $22,676,918 67% $21,762,028 Professional Services $4,421,343 $5,101,171 $2,995,277 59% $2,385,946 Purchased Property Services $2,297,704 $2,448,054 $1,216,319 50% $1,066,004 Other Services $2,950,883 $3,025,203 $2,370,951 80% $2,172,210 Supplies $773,131 $780,031 $429,472 55% $350,720
Property & Capital $443,147 $458,647 $453,280 99% $347,882 Financing Costs $532,280 $532,280 $252,687 47% $330,854 Other Financing Uses $667,763 $667,763 $667,763 100% $665,612 Total $44,864,062 $46,936,553 $31,062,668 66% $29,081,256

CONCLUSION
Based on the City’s overall revenue and expenditure percentages, the City of El Cerrito is well positioned to meet its budget for FY 2022-23. Staff are committed to fiscal responsibility and ensuring that each department's expenditures remain within approved budgets.

Agenda Packet Page 56 of 74
CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org

SUPPLEMENTAL AGENDA MATERIALS
May 16, 2023
(Revised May 17, 2023)

REGULAR CITY COUNCIL MEETING

PUBLIC COMMENT INDEX

1. Public Comments received
Agenda Item 4 – Council/Staff Communications

1. Multilingual Climate Action & Adaptation Plan outreach materials Agenda Item 9B – Financial Advisory Board Work Plan

1. Presentation
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CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530
Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org

SUPPLEMENTAL AGENDA MATERIALS

PUBLIC COMMENT INDEX

REGULAR CITY COUNCIL MEETING
May 16, 2023
The following Public Comments were received by 2:00:00 p.m. 5/16/2023, were provided directly to City Councilmembers in advance of the meeting, and were posted online as supplemental materials at www.el-cerrito.org/CouncilMeetingMaterials

Public Comments – Items Not on the Agenda

1. Cordell Hindler

2. Sue Duncan, Jim Dolgonas, Gary Prost, Michael Fischer, Make El Cerrito Fire Safe

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From: Cordell Hindler
To: City Clerk
Subject: Public Comments
Date: Thursday, May 11, 2023 2:51:20 PM
Hello Mayor Motoyama, Council Members and Staff,
Here are some of the Items to be placed on the Next Agenda

1. Is to Invite Sabrina Landreth to Provide a Presentation on the Plans for East Bay Regional Park

2. Also To Have Either Danny Wan or Rep To Provide an Overview On the Plans for the Port of Oakland Sincerely
Cordell
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May 16, 2023
Mayor Motoyama and
El Cerrito City Council
We are writing to request that El Cerrito implement a small, one-year pilot parking restriction program to prohibit parking on narrow streets on Red Flag Days. The purpose of preventing parking on narrow streets on Red Flag Day is to reduce the threat to human lives by allowing residents to evacuate quicker due to fewer obstructions from parked vehicles and by providing unrestricted access by emergency response vehicles should El Cerrito ever experience a wildfire, especially in our Very High Fire Hazard Severity Zone where some of our narrowest streets exist.

In the seventy years between 1923 and 1993, eleven Diablo wind-driven fires burned in the East Bay Hills, on average once every 6.36 years. Over 30 years have passed since the last Diablo wind driven fire in the Oakland Hills burned 750 houses in the first hour and over 3,300 houses before the wind direction changed and the fire was contained.

Not only are we long overdue for a Diablo wind-driven fire but also the density of houses and vehicles has increased in the El Cerrito Very High Fire Hazard Severity Zone, resulting in challenges to safe evacuation and unimpeded access by emergency fire suppression vehicles.

The program as we propose would consist of the following, based on our review of similar programs implemented elsewhere in the State and completion of a survey, at the request of the Fire Chief, of 31 residents on narrow portions of Contra Costa and King Drives, between Shevlin and Buckingham. The survey was conducted jointly with the ECFD and MECFS. Of the 31 residents surveyed, 11 responded and only one indicated that the household would have nowhere to park if they could not park on the street during red flag days. This has not been verified but it may require that the City make some accommodation for this and potentially other residents .

1. Notice- on days declared as Red Flag Days by the National Weather Service or in response to such declaration by the El Cerrito Fire Chief, signs designating Red Flag Days shall be posted at appropriate locations at the entrance to the pilot test area, as determined by the Fire and Police Chiefs. Additionally, notice shall be provided via Nixle and other electronic means identified by the City.

2. Posting of No Parking signs-Signs declaring the specific parking restrictions on Red Flag Days shall be posted by the City on the affected portions of Buckingham, Contra Costa and King.

3. Enforcement-during the first Red Flag event during the pilot, and in subsequent years if the pilot is to adopted as a permanent program, vehicles parking in restricted areas Agenda Packet Page 60 of 74
would receive warnings. During all subsequent Red Flag notifications, vehicles parking in restricted areas would be towed.

Once the pilot program is completed the City should evaluate it and assess whether it can be extended to all streets less than 27 feet in width.

Sincerely,
Sue Duncan
Jim Dolgonas
Gary Prost
Michael Fischer
Make El Cerrito Fire Safe
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Agenda Item No. 4
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Financial Advisory Board
Work Plan
Farhad Farahmand, Chair
May 16, 2023
Agenda Item No. 9.B.

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Ongoing projects (ECMC 2.04.300)
FAB regularly reviews, discusses, and makes recommendations on:
• Budget, and budget process
• Annual Comprehensive Financial Report (ACFR)
• Auditor reports
• Financial forecasts, including General Fund forecasts • Investment reports
• Councilmember compensation
• TRAN
• Disbursement and check register reports
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Recent accomplishments
• Reviewed and made recommendations that Council:
• Budget for surplus, excluding of ARPA funds
• Receive a menu of budgetary options, with impacts on residents • Adopted socially responsible investment policy against fossil fuels • Supported financial transparency, i.e., Comprehensive Financial Policy updates establishing quarterly budget status updates • Studied options to pay down the City’s unfunded pension liabilities Agenda Packet Page 72 of 74
2022-24 Projects – High Priorities
• Increase FAB’s effectiveness at achieving goals of ECMC 2.04.300 • Increase communication with Council via a joint subcommittee • Develop a process for City Council and staff to refer projects to FAB • Refine our Comprehensive Financial Policies (CFP)
• Prioritize surplus allocations among General Fund Reserve, Emergency Disaster Recovery Fund, and pension liabilities (e.g., Section 115 Trust) • Add policies for donations, escheatment of unclaimed money, etc… • Draft actions/procedures complimenting City efforts to meet state auditor rec’s* *may or may not constitute CFP amendments
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2022-24 Projects
• Support a transparent and participatory budgeting process by seeking public input early
• Increase Councilmember compensation
• Review increase FAB size to 7 members
We welcome your input on other projects or Council priorities.

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El Cerrito City CouncilMay 16, 2023

El Cerrito City Council
May 16, 2023